If I Fall in a Store, Can I Sue?

4 min read time
Grocery store with a caution sign

When you visit a store that is open to the public, you expect to be reasonably safe and secure. Business owners have a duty to their patrons to provide a safe environment. Unfortunately, some business owners and operators are negligent in this duty. For instance, the staff members at a store may fail to clean up spills or leaks.

A lack of regular maintenance may lead to uneven or cracked flooring. Debris or electrical wires may be carelessly strewn across walkways. These types of hazardous conditions make falling accidents much more likely. If you have fallen and become injured, you may wonder about your legal options. 

Many victims think, “If I fall in a store, can I sue for damages?” Following any accident or injury, it is critical to speak with a skilled tort lawyer. In many instances, injury victims have the right to pursue a legal claim for financial compensation. The knowledgeable attorneys at Morgan & Morgan can help you decide whether an injury lawsuit is the right choice for you.

When you find yourself asking, “If I fall in a store, can I sue?”—reach out to us. Our compassionate staff will happily schedule a no-cost consultation for you. To arrange your free case evaluation, complete our convenient online form

 

Common Injuries From Falling Accidents

Slips and trips can happen in many different contexts. Most people think that falling accidents are only minor inconveniences. While some falls do not result in injuries, many do. 

Even if you do not believe you are hurt after a falling accident, it is important to speak with a medical care provider. Some types of falling accident injuries do not produce signs or symptoms until days or weeks after the incident. 

After assessing the physical damage you sustained, reach out to an attorney at Morgan and Morgan. Our accomplished team knows what it takes to fight for victims of falling accident injuries. You should not forego the financial compensation to which you are entitled.

Depending on the nature and severity of your fall, you may suffer a wide range of injuries, including:

Fractures and Broken Bones

When falling, most people’s natural reaction is to attempt to brace themselves. The force of the impact can cause bones to break. Elderly individuals are the most susceptible to this type of injury. Still, anyone can suffer a broken bone from a slip or trip accident. 

Broken hips are common when someone slips and falls backward. These injuries are particularly serious because they give rise to many potential medical complications.

 Other common bone breaks from falling accidents include:

  • Arm and wrist bones
  • Elbows
  • Lower leg bones
  • Ribs
  • Shoulder and collarbones

A severe fracture will result in significant medical expenses for the victim. Many of these injuries also require long-term recovery periods. 

Back and Spinal Injuries

Depending on how the victim lands, back and spinal injuries may be likely. Some examples of spinal injuries are:

  • Fractured or broken spinal vertebrae
  • Herniated or slipped spinal discs
  • Pinched nerves in the back

These types of injuries often result in severe pain. Falling accident victims may also experience limited mobility, depending on the nature of the injuries.

Spinal cord injuries are categorized as either “incomplete” or “complete.” This categorization is determined by the extent and location of the physical damage.

Traumatic Brain Injuries (TBI)

When someone slips or trips, they risk having their head collide with the hard floor, which may result in a traumatic brain injury. Even a minor bump on the head can cause damage to the soft tissue of the brain. The least severe version of traumatic brain damage is known as a “concussion.” 

These injuries require immediate medical attention. More severe TBIs can cause severe medical issues and be life-threatening. Other types of traumatic brain injuries include:

  • Diffuse axonal injuries
  • Coup-contrecoup injuries
  • Subarachnoid hemorrhage
  • Intraventricular hemorrhage
  • Subdural or epidural hematoma

 The medical implications of these injuries are typically severe. Some common signs and symptoms of TBI include: 

  • Persistent headache
  • Loss of consciousness
  • Dizziness and inability to balance
  • Difficulty sleeping or waking
  • Ringing in the ears (tinnitus)
  • Nausea or vomiting

If you experience any of these conditions after a head injury, you should seek medical care. A trained physician will provide you with a diagnosis following a head injury and document your symptoms.

Lacerations, Cuts, and Bruising

Lacerations and severe cuts often occur as a result of falling accidents. In some cases, victims land on sharp debris or broken glass. Even if no sharp objects are present, the falling accident victim may become bruised after landing on a hard surface.

Deep cuts can result in significant bleeding and the need for stitches or sutures. These necessary medical treatments may cause the victim to sustain permanent scarring. However, the negative outcomes of lacerations and cuts are not only cosmetic. If they are severe, cuts can result in soft tissue and nerve damage.

Victims do not deserve to be held responsible for the costs and losses associated with their falling accidents. When you are wondering, “If I fall in a store, can I sue?” reach out to the team at Morgan & Morgan. 

 

If I Fall in a Store, Can I Sue for Multiple Types of Financial Compensation?

If a store owner’s negligence results in a falling accident, the victim may have a valid legal claim for damages. The term “damages” refers to financial payments made to the injured person on behalf of the at-fault party.

In most successful personal injury cases, there are multiple types of financial damages available to claimants. The two most common categories of damages are “special” and “general.”

Special Damages

This type of financial compensation is intended to make up for the direct monetary losses that injury victims experience. When you have sustained physical damage because of a negligent property owner, you will likely face a wide range of economic losses. 

Specific examples of special damages include payments to make up for:

  • Loss of income and wages from missing work
  • Decreased long-term earning potential 
  • Associated property damage
  • Current and expected future medical bills

To recover special damages, the injured party must provide evidence of the specific expenses they have incurred from the accident. This may include medical bills, receipts for prescription medications, and documentation of lost wages. 

It is important to keep accurate records of all expenses related to the accident, as these will be necessary to prove the extent of the losses you incurred. One of the skilled professionals at Morgan & Morgan will leverage the evidence in your claim to help you seek maximum compensation.

General Damages

General damages, also known as "non-economic damages," are a type of payment meant to compensate an individual for intangible losses they have suffered because of an accident or injury. These damages are designed to compensate an individual for things like:

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Post-traumatic stress disorder (PTSD)
  • Anxiety and depression disorders
  • Loss of consortium in instances of fatal injuries

Unlike special damages, these payments are intended to compensate an individual for losses that are difficult to calculate in monetary terms. 

As a result, the value of general damages that an individual is awarded may vary widely depending on the specifics of their case. Claimants need to provide evidence of the non-economic losses they incurred. Some examples of relevant evidence include:

  • Testimony from the individual
  • Testimony from others about the impact that the injury 
  • Medical records
  • Doctors’ notes about the effects of the injury

In many cases, it is challenging to conclusively prove non-economic damages. A Morgan and Morgan attorney can guide you through your options when you find yourself asking, “If I fall in a store, can I sue for physical and emotional harm?”

 

Should I Hire an Attorney Who Requires Upfront Payment of Legal Fees?

It is generally not a good idea to hire an attorney who requires upfront payment of legal fees. There are several reasons for this.

You may not be able to afford the upfront payment. If you are already struggling financially due to an accident or injury, paying a large sum of money up front may be difficult or impossible.

Also, you may not be sure of the value of your case. It can be difficult to predict the outcome of a falling accident lawsuit, and you may not know how much your case is worth until it has been resolved. Paying upfront fees could mean that you are paying more than the financial recovery from your case.

Finally, most reputable tort lawyers do not require an upfront payment. The attorneys at Morgan & Morgan offer contingency fee arrangements. This means that we will not charge you any fees unless we win or settle your case. 

Overall, it is not a good idea to hire an attorney who requires upfront payment of legal fees. It is important to carefully consider your options and select a lawyer you feel comfortable with and who offers a fee arrangement that works for you.

 

What Is a Statute of Limitations, and Why Does It Matter?

In tort cases, statutes of limitation are laws that set a time limit for an individual to file a lawsuit seeking damages for a personal injury or other harm. These time limits vary depending on the type of case and the jurisdiction in which the claim is filed.

For example, the statute of limitations for personal injury cases in many states is typically two to three years from the date of the injury. This means that a claimant must file a lawsuit for damages before that time limit expires. 

It is important to be aware of the applicable statutes of limitation. You should act promptly if you wish to pursue a claim. If you do not file a lawsuit within the time limit set by the statute of limitations, you might be unable to legally pursue your claim in court. 

A Morgan and Morgan litigator can help you understand the applicable statutes of limitation and advise you on the best course of action for your case.

 

Morgan & Morgan Is Here for You

Do not allow negligent store owners and operators to deny you the money that you need after a falling accident injury. The seasoned legal specialists at Morgan & Morgan have successfully held negligent property owners accountable nationwide. 

If you fell in a store and are wondering if you can sue, we will gladly provide you with a no-cost legal consultation to discuss the facts of your case. Complete the contact form online to schedule your free case evaluation today.

Disclaimer
This website is meant for general information and not legal advice.

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