Bustling retail stores are one of the many hallmarks of the holiday season in Florida and across the nation. It’s also a time when retail-related accidents can occur that may lead to serious injuries.
While retail accidents may occur throughout the year, the holiday season can be especially hazardous.
Heightened risks may result in:
- Slips and falls caused by floor hazards, poor lighting, merchandise misplaced on floor
- Head and body injuries due to falling merchandise, retail displays impeding walkways, out of reach merchandise
- Injuries caused by chaotic and overcrowded hazards such as trampling
- Injuries due to overcrowded parking lots or uneven/hazardous pavement
Below, we’ve provided answers to frequently asked questions regarding personal injuries at retail stores.
But first, if you’ve been injured on store premises, you may have a legal case against the business and be able to seek compensation through a premises liability claim.
At the Fusco Law Group, we provide legal guidance on personal injury cases. Please don’t hesitate to reach out to Fusco Law Group at (904) 567-3113.
Frequently Asked Questions for Retail Store Slip and Fall Accident Cases in Florida
What Kinds of Damages Can an Injured Party Seek Against a Florida Retail Store?
In Florida, there are two types of personal injury compensations that injured parties may seek:
Compensatory Damages: Costs incurred by the injury such as medical treatment, pain, and suffering, emotional distress, loss of consortium, lost wages, etc.
Punitive Damages: Awarded for injuries due to gross negligence on the part of the defendant.
In Florida, punitive damages cannot exceed three times the compensatory damage or $500,000 per individual. However, exceptions can be made in certain cases.
Is There a Deadline to File a Personal Injury Claim Against a Retail Store in Florida?
If you suffered an injury at a retail store in Florida you have four years from the date of the accident to file a lawsuit.
That deadline is an important reason to contact a Personal Injury Attorney as soon as possible after an accident—even if an injury is not at first apparent. In many cases, injuries could take some time after the incident to manifest.
Are Florida Retail Store Owner’s Legally Responsible for store accidents that cause injuries?
According to Florida Statute 768.0755, retail businesses would be liable for injuries if they were proven to have constructive knowledge of dangerous conditions that caused an injury.
Basically, retail stores must use reasonable care to keep their business free of potential hazards that could cause injury to their customers.
If they fail to take reasonable care or warn customers of potentially dangerous conditions, the business may be liable for injuries caused by negligence on the property.
If You’re Injured at a Florida Retail Store, What Must You Prove in Order to Win a Premises Liability Claim?
In Florida, the injured party (plaintiff) must prove the retail store was responsible for the injury to win a premises liability claim.
A plaintiff would have to show that the owner had prior knowledge that dangerous conditions causing the injury existed on the property. They would also have to prove that the owner did not take reasonable steps to correct the dangerous condition.
How Would a Personal Injury Attorney Prove a Florida Retail Store was Responsible for Injuries?
A Personal Injury Attorney can be an immense help with retail store injury claims since the burden of proof sits heavily on the plaintiff.
During a Personal Injury case, the attorney would gather and present evidence that either:
- Dangerous conditions existed for a length of time and owners should have known about the hazardous condition
- The condition occurred regularly and was foreseeable
Get the Legal Help You Need
Since the burden of proof is on the injured party to prove the retail store was responsible for injuries sustained on the premises, it’s important to seek experienced attorneys to help with your case.
Always keep in mind that retails stores’ insurance companies may be involved in the case—bringing highly experienced legal representation to protect their client’s interest.
You should have similar legal representation by your side. Our Personal Injury Attorneys can provide the help you need.
Contact the Fusco Law Group: (904) 567-3113 for a free consultation.