Legal Facts About Shopping-Related Personal Injury Claims

When you plan an afternoon out to run errands or go shopping, you don’t usually portend any sort of danger. However, among all the personal injury claims made in the United States, shopping-related injuries are one of the most common. Accidents like slip and falls or orthopedic injuries are common shopping injuries that occur at a store due to store owner negligence. If you were recently injured on a shopping trip, it is important for you to understand the law so that you may best protect your rights to being compensated for your damages.

Continue reading to learn what you need to know about shopping- how to get started on learning your eligibility for pursuing legal action against a negligent property or store owner.

Store Accident Injury Lawyers Indianapolis IN 317-881-2700
Store Accident Injury Lawyers Indianapolis IN 317-881-2700

Shopping Injuries and Accident Claims

Going over budget is not the only risk shoppers take when they visit a store. Shopping accidents are a common occurrence, and they happen under all sorts of different circumstances. In the case that a store owner was negligent by not taking the proper actions to maintain a safe premises or warn consumers of any potential hazards, an injured shopper could make an accident claim against them. Shoppers are not the only ones granted this civil right; workers, staff, and guests are also protected against such negligence.

Types of Shopping-Related Injuries

Shopping-related injuries describes a broad range of personal injuries that take place in a retail establishment, such as a mall or department store. These types of accidents increase in frequency during high shopping seasons, like Black Friday, Christmas, Labor Day sales events, and Memorial Day weekend sales.

One of the most common types of shopping-related personal injury accidents is slipping. Slip and fall accidents can cause serious muscular and orthopedic injuries, both of which can have long-lasting consequences. Neck, shoulder, hip, knee, and back injuries are common traumas suffered in a slip and fall accident, while more serious injuries include spinal injuries, head injuries, and broken bones. In the most serious of cases, shopping injuries can lead to wrongful deaths.

Slip, trip, and fall accidents are not the only type of shopping related accidents seen across the country. Additional types of shopping related injuries include crushing or blunt force trauma caused by a heavy falling/tipping object, or even trampling accidents caused by overcrowding. Shoppers are often injured in parking lot accidents as well due to poor lot design, poor lighting conditions, negligent maintenance, and failure to remove snow and ice.

Liability for Shopping Injuries to Consumers

So, when is a store owner responsible for a shopping accident that causes injury? The basis of all personal injury claims is proving negligence. Under premises liability law, a store owner has a legal duty of care to ensure that their premises is reasonably safe and free of any relatively foreseeable hazards. If a store owner fails to uphold this duty by not taking the proper actions to keep their premises safe or neglects to warn shoppers of a possible on-site hazard, they can be held accountable for the victim’s damages and losses.

To be successful in a personal injury claim, an injured shopper and their legal team would need to prove that:

▷ The store owner was (or should have been) aware of the hazardous condition.

▷ The store owner failed to provide routine inspections and maintenance on the premises.

▷ The shopper would not have been injured had the premises been free of hazardous conditions.

▷ The injuries suffered by the shopper were caused by the dangerous condition.

▷ The shopper suffered damages because of the accident.

Also, you should note that an entity leasing the property, as well as companies hired to manage and maintain the property can also be potential defendants in a slip and fall case.

Your Next Step as a Shopping Accident Victim in Indiana

It is important to retain professional legal counsel right after an accident has taken place. You could be entitled to compensation for your medical expenses, hospital bills, pain and suffering, lost paychecks from time off work, and much more. Be sure to choose a skilled personal injury law firm in Indiana for trusted legal advice regarding your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your shopping accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with an experienced premises liability personal injury attorney in Indianapolis, Indiana. We represent clients throughout the state and can hold meetings via phone, internet, or in person.

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Can I Make an Injury Claim With My Gym’s Insurance Company for a Slip and Fall Accident?

Gym and fitness center memberships are a luxury expense; therefore, it is understandable that members expect a certain standard of professionalism and client support. That includes their own safety. After all, people go to the gym to improve their health, not harm it. So, when a wrongful accident happens, clients can feel betrayed.

One of the most common types of gym accidents are slip, trip, and fall accidents. From defect equipment and negligent staffing to inadequate facility maintenance, structural integrity negligence, poor security, and more, there are all kinds of ways a fitness business can expose clients to hazardous slip and fall conditions as a result of negligence.

If you were recently injured at the gym after falling because the gym was negligent, it is important to learn your rights to obtaining compensation to cover your related damages and losses. Continue below to learn how to bring about a slip and fall accident claim against a negligent gym or fitness center in Indiana.

Gym Accident Injury Lawyer Indiana 317-881-2700
Gym Accident Injury Lawyer Indiana 317-881-2700

Gym Liability Basics

Is your gym liable if you fall and seriously hurt yourself on their premises? The answer depends on the specific factors of the accident. Waivers or membership agreements can sometimes play a central role in fitness studio and gym liability. But does signing a gym waiver also sign away your rights to compensation following a gym accident? Again, the answer will vary depending on the details of the event.

Most gym liability waivers do have language in them that attempts to void their liability in the case that a member is hurt on their premises. But just because these waivers state that members cannot sue the gym following an accident, such waivers are not always enforceable in a court of law.

Common Types of Gym Waivers:

Total Liability Waiver – Total waiver of liability agreements are written to relieve a gym of all legal responsibility in the case of a member accident. Many courts tend to find these extensive waivers overly broad, and therefore, unenforceable in a lawsuit.

Waiver For Negligence – These waivers are designed to free a gym of liability in the case that a member is injured on their premises due to gym or staff negligence. Although these are generally enforced in a court of law, there are many exceptions in which they are not. 

Intentional Acts Waiver – Also called a waiver for intentional acts, this type of liability agreement is meant to rid a gym of any legal liability in the case that a member is injured due to intentional acts of negligence, reckless, or egregious misconduct. Very often, these waivers are not enforced in a personal injury lawsuit.

Premises Liability Law in Indiana

In all states, property owners, including all businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, and this includes fitness studios and gyms. Gym and fitness centers are expected to use a high level of caution to make sure their property is safe for all.

Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas. If a gym neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim and their insurance company would have to pay any verdict or settlement.

It is critical that you speak with a seasoned Indiana personal injury lawyer about pursing a premises liability lawsuit against a negligent gym after being injured on their property in a slip or fall accident. Time is of the essence, so act fast before any evidence is lost to support your case.

Are you a recent gym accident victim looking for seasoned legal representation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall accident attorney in Indianapolis, Indiana. We represent injured persons throughout the state.

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Indianapolis Personal Injury Lawyers 317-881-2700
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Frequently Asked Questions About Indiana Slip and Fall Lawsuits

When a slip and fall accident in Indiana causes you severe injuries, you can expect to also suffer several other types of losses, like mental and emotional anguish, lost wages, and medical bills. If your accident occurred as a result of another’s negligence, you need professional personal injury representation to successfully recover the maximum settlement you are owed for your damages and losses.

Not sure where to begin as a wrongfully injured victim? Continue below to review some frequently asked questions about slip and fall lawsuits, including how to find the right Indiana accident law firm for your claim.

Slip and Fall Injury Lawyers Indianapolis, Indiana
Slip and Fall Injury Lawyers Indianapolis, Indiana 317-881-2700

Slip and Fall Accident FAQS

Do I Need to Hire an Accident Lawyer for My Slip and Fall Injury Claim?

If your slip and fall accident and subsequent injuries were caused by another’s negligence, you are highly encouraged to hire a personal injury lawyer to prove your damages and obtain the full and fair compensation you deserve. As the claimant, you have the burden of proving not only liability, but also damages and losses, past, current, and future. For this reason, a personal injury lawyer is a vital asset, as they have a full comprehension of the laws and therefore, retains the skills and acumen needed to prove your case. They navigate all the legal complexities of your claim, allowing you to put all of your focus on your own physical, mental, and emotional recovery.

How Will My Indiana Slip and Fall Lawyer Prove My Damages and Losses?

The primary aspect of a slip and fall accident claim is to identify the at-fault party. Who is ultimately responsible for the circumstances that made the accident take place? There can sometimes be more than one at-fault party.  Your slip and fall lawyer will implement their legal resources to investigate every detail surrounding the accident and overall case, thus gathering the needed evidence to prove liability and duty of care owed.

Once your lawyer proves liability, they will then prove how the at-fault party was negligent, and how that negligence was a responsible cause of the accident and resulting injuries. Then they will present all evidence that proves your injuries and subsequent damages and losses. Such losses include pain, suffering, mental and emotional anguish, as well as lost wages from missing work, hospital bills, medical expenses, and more.

What are Some Common Types of Negligence That Cause Slip and Fall Accidents?

Some of the most common types of negligence that cause slip and fall accidents include wet or slippery floors with no warning signs nearby, crumbling or unlevel steps, torn carpeting, poor lighting, broken stair rails, poorly-maintained pavements, frozen ice on walkways that were not treated with deicer salts and spills on floors that are not cleaned up in a timely manner.

Can I Sue the Person or Company Responsible for My Slip and Fall Accident?

If your slip and fall accident occurred because another person or party acted negligently and failed to uphold their duty of reasonable care to protect you from harm, you should be able to bring a personal injury claim against them in order to obtain compensation for your damages and losses. You should consult with a skilled and experienced Indiana personal injury attorney to learn your eligibility to pursue legal action against a negligent party, and to professionally represent your claim. Most claims are settled out of court, but a competent law firm needs to be willing and ready to take your case to trial to ensure you receive the maximum settlement or verdict for your claim if necessary.

Are you ready to get started with your slip and fall injury claim in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 888-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured people and wrongful death cases for clients throughout the state of Indiana.

You Should Also Read:

Common Slip and Fall Code Violations
3 Lies About Slip and Fall Accident Cases
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Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!