- Practice Areas
Posted in Premises Liability on February 15, 2018
Most businesses understand the necessity of careful storage of products and merchandise, but we’ve all seen when they don’t. Big box store employees often stack products in such unsafe or careless ways that merchandise topples and, in some cases, injures customers or other employees. If you’ve sustained an injury from falling merchandise, you might have a premises liability case. Talk to the personal injury attorneys at HawkLaw in Charleston, SC about your situation.
If you suffer an injury after merchandise falls on you in a story, your first step is to take pictures of the incident – if you are able. If possible, snap photos of where the merchandise fell from and where you were in relation. Next, talk to the store manager. Explain to him or her the circumstances of the incident and that the area might be unsafe for others. Finally, consider contacting a premises liability attorney in South Carolina about your case.
You need to meet various requirements if you intend to win a personal injury lawsuit. Simply suffering an injury inside a store or on their property is not enough to win compensation. You need to be able to prove that the store was being negligent and that you suffered an injury because of that negligence. Once you’ve warned someone of the hazard, make arrangements to see your doctor. You may not feel the immediate injuries that resulted from the merchandise fall, but that doesn’t mean you didn’t suffer an injury. You can prove how significant your injury was by providing medical records.
If you suffered significant injuries, you may consider a personal injury lawsuit. You shouldn’t have to bear the burden of medical bills and lost wages alone if the incident that hurt you was no fault of your own. To win a personal injury case, you need to prove your injury was significant. There also needs to be proof that your injury was the result of someone else’s negligence.
Stores have some duties that are mandatory for them to follow, and, when they don’t follow them, the law considers it negligence. They must keep their store reasonably safe and check throughout their business hours to ensure it stays safe. If they discover something defective, they must clean or repair it immediately. If they are unable to do it immediately, they must place a clear warning sign so that customers avoid the dangerous area.
Store operators should be aware of any situation that could present a danger to customers. If they claim that they did not know about the danger, but it had been present for a considerable period of time, they are still liable.
Often, proving negligence may involve showing that a dangerous spill or defect was present for an unreasonably long period of time. Other customers may be initially at fault for a spill or unsafe placement of a product, but the store becomes liable if it takes them too long to clean it up.
If a healthcare professional verifies that you do have a significant injury, it is important that you keep a copy of the medical report and follow the doctor’s treatment plan exactly. If you have discovered that you have a significant injury and you plan to file a lawsuit against the store, choose a law firm that has experience with South Carolina personal injury cases and can advise you on further actions and your best next steps. (843) 737-9356