If you become injured in a supermarket as a direct result of the supermarket's failure to maintain their premises in a way that prevents foreseeable harm to customers, then you can file -- and probably win -- a personal injury case against the supermarket. The hard part, however, is collecting evidence to prove that the supermarket did act negligently. Many supermarket patrons fail to collect enough evidence, and as a result, lose their personal injury cases because they're unable to prove that the supermarket is at fault for their injuries.
The Process of Establishing Fault
Slip-and-fall incidents contribute to many supermarket injuries. Is the supermarket liable for your medical costs if you slip and fall in the store? It depends. If you trip over your own feet, the supermarket is not liable because there's really nothing they could have done to prevent the accident. On the other hand, if the supermarket fails to clean up a large spill and it causes you to slip and fall, they can be held responsible -- but you will need evidence of the spill to prove you didn't just trip over your own feet. In legal terms, this is often stated, "the burden of proof lies on the plaintiff." It's up to you to prove that the supermarket is at fault for the fall. In the absence of evidence, the judge will assume that the supermarket is not to blame.
The process of establishing fault would work the same regardless of the type of injury you suffered. If you cut your hand on a shopping cart, you'll need evidence that the cut came from the shopping cart, rather than your car. If a stack of cans falls on you and gives you a concussion, it's your responsibility to prove your concussion was caused by the cans, not by a football injury.
Collecting Evidence
The type of evidence you'll need to collect will depend on your specific type of accident, but in most cases, it should include:
Your personal injury lawyer will be able to tell you what other kinds of evidence you need to have for your case.
Personal injury cases against supermarkets are common, but not everyone who files a case wins. If a supermarket's negligence causes you to become injured, always remember that the burden of proof lies on you. Even the best attorney in the country will not be able to win your case without evidence. Collect all of the evidence that you can to demonstrate that the supermarket is, in fact, to blame for the accident, and your case should go smoothly in your favor.
Share18 March 2015
After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.