The short answer, in many cases, is yes. Want proof?
One woman fell in a Target parking lot and recently walked away with an $11.3 million settlement.
The Million Dollar Fall
The story made national headlines. The woman was carrying her baby at the time, tripped, fell, and broke 4 bones.
According to The Independent, the woman fell in the store’s Orlando location back in December of 2019. The story reads “At the time, she was carrying her daughter through the Winter Garden Village shopping center, weaving between cars to avoid holiday traffic and puddles. While passing a landscaping island, she tripped over a seam where the asphalt met the concrete gutter of the curb. The section of the parking lot had a notable and abrupt change in elevation, which violated several building codes, according to the report. After stepping on the uneven surface, the woman’s left ankle twisted and fractured, causing her to fall over.”
That incident occurred outside the store, but many slip-and-fall claims also occur inside stores.
Think about how many times a week you’re in a store or place of business. You’ve got your weekly grocery store visits, your Target or Walmart runs, you might need to grab something from The Home Depot or Lowe’s, and you might even stop at a convenience store on your way home for a coffee.
Say, during one of these outings, you don’t see a puddle of water on the floor of the store. Or perhaps a piece of shelving is jutting out into the aisle. Or maybe there’s a misaligned tile on the floor. The result of any of these instances is most likely going to be the same–you’re going to trip and fall. So, now you’re on the floor, in pain, wondering what the heck happened! What should you do?
The Do’s If You Fall in a Store or in a Store Parking Lot
- DO take pictures of what caused your fall immediately, if you’re able. If you have photographic evidence of what caused the accident, that can only help you in the long run. In high-traffic retail environments, the evidence tends to disappear quickly. If a puddle caused the slip, someone would be there in a hurry to clean it up; if a broken floor tile led to your fall, an employee would have covered it or put a caution sign by it within minutes; a potential witness will probably be in the next aisle within seconds. You need that proof, so take pictures when possible.
- DO report the incident immediately to store employees and management. Tell them what type of injury you have, and ask them to fill out an incident report. Make sure you take down the names and contact information of the store manager and anyone else who may have witnessed your fall or seen the condition that led to your fall.
- DO seek medical attention immediately! If you’re disoriented or confused, let someone know, as this could be a sign of head trauma. If you’re in excruciating pain, have someone call an ambulance for transport to a hospital. If the pain isn’t quite as severe, drive (or have someone take you) to an emergency room or urgent care center as soon as you can.
Not only should you do this for your own physical well-being, but medical care is evidence that can be used later. Make sure you report ALL injuries or pain you’re feeling to store management as well as medical personnel. Insist on seeing a medical professional, because that’s going to be the only person who can truly diagnose your injuries in a way that supports your legal claim.
The Do Nots of Falling in a Store or in a Store Parking Lot
- DO NOT (and this can’t be stressed enough) provide a recorded statement to a store representative or insurance adjuster without seeking legal advice and guidance. There have been cases where store managers and/or their insurance companies will offer you a “quick” settlement. DO NOT accept these; your injuries may be far worse than you realize, and by providing a recorded statement and/or settling with a store, you’re falling right into their trap–claim adjusters are only in it to save their company’s money, so their offer is likely not going to be anywhere near fair. Note the Target case above: The article says the woman was offered $250,000 for her claim. She turned it down, trusted her attorneys, and walked away with much more.
- DO NOT blame yourself for the fall. Ever. If you express any doubt as to what happened or introduce even a millimeter of wiggle room to claims people, medical personnel, or witnesses, they could hold that against you. NEVER utter the words “I should have…” because a fall in a store is, under most circumstances, NOT your fault! Blaming yourself could result in a dramatically diminished injury claim value…if it doesn’t terminate your claim altogether.
- Finally, DO call experienced attorneys, like those at The Lapidus Law Firm, for your next steps.
What are my Next Steps if I Fall in a Store or Store Parking Lot?
Remember, insurance companies do not have your best interests in mind. Our attorneys do. We’ll listen to your case and determine the best possible strategy that leads to a positive outcome and, potentially, a fair and reasonable settlement too.
Someone is available to take your call 24/7. Just call (202) 785-5111 anytime. Remember, the fall was not YOUR fault, so let our experienced attorneys handle all of the heavy lifting for you. Call today for your free, no-obligation consultation.