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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Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents

Usually, when a personal injury attorney hears the term, “premises liability”, the first thing that will come to mind is slip and fall accidents, as they are among the most common personal injury cases in the United States. Such lawsuits fall under an area of tort law called premises liability, which are generally based on whether or not the proprietor allowed a foreseeable and dangerous condition to continue or failed to use reasonable care to discover a dangerous condition without correcting or blocking off the hazard.

If you are a recent slip and fall accident victim, be sure to consult with an experienced premises liability attorney as soon as possible. In the meantime, continue reading to learn more about slip and fall accident claims, including how to get started on yours as soon as possible.

Indiana Slip Fall Injury Lawyers
Indiana Slip Fall Injury Lawyers 317-881-2700

Slip and Fall Premises Liability Accident Claims

A slip, trip, or fall injury is pretty self-explanatory. It occurs when a person slips or trips on a hazard and loses balance and falls, usually to the ground, subsequently suffering injury. If this type of accident occurs in a public place, a place of business, or another person’s property, there can be legal repercussions for the premise owner and their insurance carrier. The accident victim can legally pursue compensation for their injuries, and may be rewarded compensation if the opposing party(ies) is/are found 50% or more at fault.

If a person is injured, and wishes to pursue compensation for their damages, they must be able to prove fault. Many aspects of a slip and fall case are examined in order to justify who is responsible for such an accident. A jury looks at the premise owner, managers or other potentially at-fault parties and evaluates whether or not they acted carefully in order to prevent any slips, trips, or falls.

Other areas are considered as well in order to determine who is responsible for the accident. Things like poor lighting, torn carpets, uneven flooring, crumbling sidewalks, puddles, and more are all common hazards that cause slip and fall injuries. Weather conditions like rain, ice, and snow are also common culprits for slip, trip, and fall accidents.  

Property Owners Have a Legal Duty of Care to Maintain a Safe and Hazard-Free Environment

If a person slips in a supermarket because there is water on the floor, and there is no “WET FLOOR” sign, they could be entitled to compensation for their injuries because the store was responsible for the wet spot and negligent about cleaning it up in a timely manner to prevent harming customers. Property owners can also be negligent by failing to conduct inspections to find dangerous conditions on their property.

Are you a recent slip, trip, or fall accident victim who is looking for a qualified personal injury lawyer? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a seasoned slip and fall attorney in Indianapolis, Indiana. There is no need to travel, as our lawyers are happy to conduct meetings via phone or internet. We represent injured persons throughout the State of Indiana.

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Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

Who is At-Fault in a Slip and Fall Accident?

Personal Injury Lawyers 317-881-2700

Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall accidents happen every single day. Whether it’s a torn rug, puddle of water, or unforeseen obstacle that causes the fall, someone is liable for the injuries that follow. The at-fault party could be the victim themselves, or it can be another person, company, property owner, or manager. In the case that the at-fault party is something or someone other than the fallen victim, a legal claim can be placed against them for liability for damages caused by the accident. In order to determine who at-fault for a slip is and fall accident, certain questions must be asked, and the circumstance must be investigated.

Continue reading to learn some more about how to determine who is at-fault for a slip, trip, and fall accident.

Liability and Reasonable Action

Who is liable for a victims’ injuries if they slip and fall on another’s premises? In order for the property owner to be liable, it must be true that:

• The owner, manager, or employee caused the obstacle that resulted in a person’s fall.

• The owner, manager, or employee know about the obstacle and neglected to eliminate it.

• The owner, manager, or employee should have known about the obstacle because a reasonable person in charge of the property would have found the obstacle and removed it before anyone was hurt.

Other considerations regarding a property owner’s possible liability includes:

• Was the obstacle there long enough that the owner, manager, or employee should have known about it and fixed it?

• Does the property owner have a routine agenda or procedure for inspecting the property for safety hazards? Do they have evidence or proof of regular property maintenance and upkeep?

• Was the obstacle that caused the slip and fall intentionally placed there for a good reason?

• Was the obstacle that caused the slip and fall intentionally placed there for a good reason at first, but the reason no longer exists and could have been removed?

• Could the obstacle in question been placed in a different area, out of the way of foot traffic, without further inconveniencing the property owner?

• Could a warning sign or barricade have prevented the obstacle from causing the accident?

Considerations to assess a victim’s own liability includes:

• Did a person’s behavior contribute to their own accident? Were they running, jumping, rough-housing, or horse playing?

• Did the victim fail to acknowledge warning signs or requests?

• Could the victim have acted more carefully?

• Would a reasonable or careful person have noticed the hazard and navigated more cautiously around or through it?

• Did the victim have a legitimate reason for being in the hazardous area? Was the reason one that the property owner should have anticipated?

The term, “should have” is very blurry one to use. This is why slip and fall accident claims are frequently examined by a jury and judge, and at-fault parties are determined by using common sense. There are several more details, laws, methods, and information not listed in this blog that are important to know and understand before moving forward with a slip and fall injury lawsuit. It is strongly encouraged to consult an Indianapolis slip and fall attorney for professional and accurate information and counsel. They retain the proper resources, knowledge, and experience to assess your case and determine if you have a valid claim. If a personal injury lawyer does in fact believe you have a valid case, you may be entitled to compensation for your damages.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for slip and fall accident claims and information in Indianapolis, Indiana. Our licensed slip and fall lawyers and legal teams are eager and ready to represent you after sustaining injuries from a slip, trip, or fall. We offer free initial consultations and never collect lawyer fees unless we reach a fair settlement for you. Call 317-881-2700 to schedule an appointment with Daniel Craven, or another licensed personal injury attorney in Indianapolis, IN today.