CAN I SUE A GROCERY STORE IF I WAS HURT ON THEIR PROPERTY?
July 29, 2021
A recent Survey of Occupational Injuries and Illnesses from the Bureau of Labor Statistics ranked grocery stores as one of only nine industries that have 100,000 or more injury and illness cases each year. If you were injured on a grocery store property and are trying to figure out if and/or how to get compensated for it, having an experienced legal team behind you is the first step. As you move forward with your health recovery, an attorney that is dedicated to advocating for your needs can help you navigate through the entire process and fight for a successful outcome.
Here at my firm, The Paul Benson Law Firm, I will help you fight for the compensation you need and deserve. I have devoted my entire career to representing injured victims and their families in their pursuit of justice. I proudly serve clients in Janesville and Beloit, Wisconsin, and anywhere else throughout Rock County. Call or reach out today to learn more about how I can help you with your case
Common Grocery Store Accidents
There are quite a few things that could happen in a grocery store that can lead to an accident. The most common grocery store accidents that lead to serious injury include:
Slip and fall accidents
Injuries caused by broken glass or other falling objects
Unsafe parking lot conditions
Many of these accidents are not the fault of the shopper. Some could be the fault of multiple parties. A personal injury attorney can assess the details of your case and help you decide what steps you should take next.
Duty of Care
When it comes to personal injury, you may have heard of the phrase “duty of care.” Duty of care is the first element that has to be proven when establishing liability in a personal injury case. It is the legal obligation of an individual to adhere to a standard of reasonable care while doing anything that could foreseeably harm other individuals.
Who Is at Fault?
If an accident happens at a grocery store, there are a number of different parties that could be found liable. Those parties include the company that owns the store, a worker, or another customer. Sometimes, it could be a combination of more than one party as well. Assessing the percentage of fault for each party is something that will get decided before damages can be awarded.
Who Is Liable If I am Injured In The Parking Lot?
Cases in grocery store parking lots often fall under premises liability law. In these cases, the property owner is typically the person liable for your injury. This includes if you are injured in the parking lot as a pedestrian, regardless of whether or not you were actually shopping in the store. Unsafe parking lot conditions that cause injuries can be far-reaching and typically involve hazards that should have been addressed by the property owner. Some of the most common hazards include dim or inadequate lighting, uneven and cracked surfaces, or slippery surfaces from oil, ice, or snow.
Filing a Personal Injury Claim
If you are looking to file a personal injury claim, there are two major concepts that you need to be aware of: the statute of limitations in your state and the type of negligence laws that your state adheres to.
Comparative negligence laws generally dictate how much you can receive in damages with respect to your level of fault in the accident. The state of Wisconsin is considered a comparative negligence state. This means that they will determine the percentage of fault of every party involved in the incident. If you are found to be 20% at fault for your accident, you will only be able to receive 80% of the damages, as the other 20% will be deducted to account for your level of fault. Additionally, you are unable to receive compensation if you are more than 50% at fault.
For example, if you are in a slip and fall accident in the parking lot of a grocery store due to icy conditions on the sidewalk, but security camera footage shows that you were running at the time, the court may deem you to be 20% at fault for your injuries. If the court decides to award you $100,000 in compensation, that number will be reduced by 20%, or $20,000 to account for your level of fault in the accident — leaving you to collect $80,000 in damages.
Statute of Limitations
The statute of limitations is the time frame in which you are allowed to file a claim against any parties involved in the accident. In Wisconsin, you have three years from the date of the incident to begin your claim. It’s important to note that the clock starts from the date of the accident, not from the date that you discovered your injuries or received treatment.
Let The Paul Benson Law Firm Help
Here at my firm, The Paul Benson Law Firm, I am committed to providing dedicated legal counsel and strong representation to injured victims and their families. Having a skilled personal injury attorney on your side to protect your rights and advocate for your needs can help you pursue a more favorable outcome for your case. If you live in Janesville or Beloit, Wisconsin, or anywhere else throughout Rock County, call my office today to schedule a free consultation!