Have you fallen at the grocery store? Are you wondering whether you can file a claim against the grocery store because of your fall?
Falling at the grocery story comes under the heading of what is referred to as “slip and fall cases or claims. It is a claim or a case that is founded upon you slipping or tripping and falling.
What is a “tort”
A slip and fall claim is what is known as a “tort”. A “tort” is a civil wrong in common law jurisdictions. Common law, which is also known as precedent or case law, is law that has been developed by judges through decisions of courts, rather than through executive branch action or legislative statutes.
Tort law has to do with circumstances and situations where a person’s behavior has unfairly caused someone else to suffer harm or loss. A tort is not necessarily an illegal act. However, a tort does cause harm or loss. Because of this, the law permits anyone who suffers loss or harm to recover their loss. This is done through filing a personal injury lawsuit.
Consequently, you are allowed to file a personal injury lawsuit or claim against the grocery store for any injuries that you may have suffered when you fell. However, the important issues are, “Can I win the claim? What can I hope to recover? Will it be worth it to file a claim?”
Why did you fall?
The first thing that has to be considered is, “Why did you fall at the grocery store?” Were you being careless? Were you not watching where you were going? If this is why you fell at the grocery store, you do not have a claim or case.
On the other hand, did you fall because someone else created or is maintaining a dangerous situation. If this is why you fell, you may have a claim.
Another thing to be considered is, “Did the grocery store have a sign up that warned of the danger of a fall or to watch your step?” Even if the grocery store had a sign, it does not necessarily mean that you do not have a claim for your fall. It depends on the location of the sign and how adequate the sign was, given the condition of the floor.
How bad are your injuries
You also need to take into consideration how badly you were injured when you fell at the grocery store. If your injuries are minor cuts or bruises, you really do not have a claim against the store. On the other hand, if you hit your head when you fell and received a concussion, or you have broken bones or fractures from the fall; you may have a claim against the grocery store. If you have medical expenses that resulted from your fall at the grocery store, you may have a claim.
Laws regarding personal injury lawsuits vary from state to state. Although you can try and file a personal injury claim against the grocery store yourself, the smart thing to do is to have a personal injury lawyer working for you. A personal injury lawyer will evaluate your claim and tell you how good a case you may have against the grocery store. A personal injury lawyer will also tell you what you may be able to recover if your claim is won.