Compensation for Slip and Falls at Gas Stations and Convenience Stores

How to build a strong insurance claim for a slip and fall at a gas station or convenience store. Get fair compensation for your injuries.

You can’t beat the easy in-and-out of a gas station convenience store. You can fill your gas tank, carry out fresh coffee, and grab a box of donuts in one stop on your way to work.

More than 263 million vehicles travel American roads, with most making regular stops at a gas station or convenience store.¹

Most store owners do their best to run clean and safe businesses. Unfortunately, mistakes and carelessness can happen at any business open to the public. It’s no surprise that gas stations and convenience stores are prime locations for slip and fall accidents.

When to File a Gas Station Injury Claim

You can file an injury claim when a business owner fails to prevent or correct an unsafe condition on the property, and the condition caused you to get hurt. In this situation, the owner is considered negligent. Negligent business owners are liable, meaning responsible for damages caused to injured customers.

Damages include the cost of injury-related medical treatments, out-of-pocket medical expenses, lost wages, and the accident victim’s pain and suffering.

Whether you’re there to buy gasoline, or just stopping in to buy a soft drink or newspaper, operators of convenience stores and gas stations have a legal obligation, called a duty of care, to avoid causing harm to others. This duty includes doing everything reasonably possible to make sure customers are safe from dangerous conditions that might cause slip and fall injuries.

A property owner does not have a duty of care to protect customers from an unforeseen circumstance. The gas station probably won’t be at fault if you’re injured by a huge flock of attacking birds while standing next to your car.

A viable slip and fall claim must show:

  1. A hazardous condition caused your injuries
  2. The store owner knew or should have known of the hazard
  3. The store owner failed to remove or repair the hazard
  4. The hazard was the direct cause of your injuries
  5. Your injuries are medically verified

Example: Winning Fall Claim for Injury Caused by Faulty Gas Pump

Sandra pulled into a gas station to top off her tank and get a large coffee on her way to work. As she pumped gas into her car, the hose began to sprang a leak, spraying her face and eyes with gasoline.

Frantic to get away from the gasoline, Sandra twisted and fell, breaking her collarbone.

Other customers saw the accident and ran to help. The convenience store clerk heard Sandra’s screams and called 911 but had no idea what to do for her. Several minutes passed before paramedics arrived and began flushing her eyes and treating her fall injuries.

Sandra’s personal injury attorney filed a lawsuit against the convenience store on her behalf, blaming the store’s management for neglecting to:

  1. Regularly inspect gas pump equipment
  2. Have reasonable first-aid supplies on hand to treat gasoline exposure
  3. Train employees on what to do when a customer is injured

Sandra’s claims were supported by witness statements, video footage from the store’s security cameras, and her medical and mental health treatment records.

Sandra was awarded full compensation for all her damages. Because her attorney was able to show the convenience store’s willful negligence, she was also awarded an additional amount for punitive damages.

Successful Insurance Claims Have Good Evidence

Evidence is the key to victory in any personal injury claim. No matter how badly you’re injured, the insurance company is under no obligation to accept or pay your claim unless you can prove their insured was negligent.

Collecting good evidence starts the moment you’re injured. The worse thing you can do is leave without saying a word and to “see how you feel” in a couple of days. It’s almost impossible to bring a believable injury claim if the accident isn’t reported when it happened.

Speak with the manager

If you’re hurt, immediately ask for the owner or manager. If unavailable, an employee will do. Report your slip or trip and fall and suspected injuries.

If you slipped and fell on some boxes left in an aisle inside the convenience store and now your leg hurts a lot, you may have fractured a bone. The worst thing you can do is pay for your soda and limp back to your car. Remember, it’s not your fault. Convenience stores and gas stations are heavily insured.

File an incident report

Big corporations with standardized procedures own many convenience stores and gas stations. Most of these businesses require incident reports to be completed any time a customer is injured.

The store manager may not want to send an incident report to the main office. Insist the manager fill out a report and ask for a copy. They may not give you a copy, but your attorney can file a subpoena later to obtain a copy if needed. Be sure to provide your name, address, and other contact information.

Get prompt medical attention

If you think your injuries are serious enough to require paramedics, don’t be shy. Ask the manager to call 911. Getting prompt medical care is critical to your health and your injury claim.

Never refuse or delay medical treatment. If you do, the insurance company will deny your claim, arguing that your injuries aren’t related to the gas station slip and fall. If you aren’t taken directly to the hospital by ambulance, have a medical evaluation as soon as possible.

Look for witnesses

Witness statements can be very strong evidence. While family and friends are good witnesses, independent eyewitnesses are better. They have no stake in the outcome, so the insurance company will give their version of events greater credibility.

Act quickly. Most folks at convenience stores and gas stations are in a hurry. Try to speak with anyone who saw what happened. If you find a cooperative witness, get their full name and contact information. Ask the person to write down what they saw, and to sign and date their statement.

Take pictures

Using your cell phone or another device, take as many photos and videos as possible. If your injury prevents you from photographing the scene, ask a friend, family member, witness, or even a friendly employee to assist you.

Remember, once the incident is reported, the problem will likely get fixed the next day. Once that happens, it’s more difficult to prove what caused your injury.

Look for surveillance cameras

Security cameras can be very small and sophisticated, so ask the manager if you don’t see one. Tell the manager you’ll want a copy of all camera footage taken on the day of your injury. The manager may not let you see the video, but its existence can be the best evidence there is. Cameras don’t lie.

You can be confident the gas station’s insurance company will look at the video. If you have serious injuries, your attorney will demand the store preserve the security camera footage.

Take detailed notes

Keep detailed notes and records on all aspects of your claim. Be sure to write down the full name and job title of the person who takes your accident report. You’ll also need the name and address of the store’s insurance company, and the name and contact information for their corporate office.

As soon as you’re able, write down what happened in as much detail as possible. Continue taking notes throughout your treatment and recovery.

Get proof of damages

Once you’ve established negligence, the next step is to give the insurance company evidence of your damages. Request copies of your medical records and bills, and save receipts for medicines and other related out-of-pocket expenses.

If you had to miss work while receiving treatment, ask your employer to give you a written breakdown of your lost wages, lost opportunities for overtime, and to list vacation and sick time used while you recovered.

Convenience Store and Gas Station Injuries

When you pull into a gas station or convenience store, you have access to the pumping stations, parking areas, restrooms, the checkout counter, and a section with shelves of food and drinks. Each area has its own potential for hazards.

Common causes of injury accidents:

  • Slip, Trips, and Falls are the most common cause of gas station injuries. Slip and falls may be caused by cracked or uneven pavement, pooled gasoline and oil, accumulated ice and snow, poor water runoff, and debris left in aisles. Poorly maintained restrooms often have spilled water, soap, and other fluids on the floor.
  • Pump Handles that become sharp or abrasive from wear, when the trigger mechanism malfunctions and fingers become pinched, or when the hose twists and snaps the pump handle back into the face or torso.
  • Spilled or Splashed Fuel may irritate the skin, eyes, or mucous membranes. Fumes may injure the lungs and nasal passages.
  • Assaults can happen when owners fail to provide a safe environment for customers with adequate security measures and lighting.
  • Car Accidents may result from poorly designed parking lots.
  • Fires can erupt when customers carelessly toss cigarettes onto the pavement, when the station has exposed and poorly insulated wiring, or when static electricity causes a spark.

Types of injuries suffered at gas stations and convenience stores:

  • Back and neck injuries
  • Thermal or chemical burns
  • Lacerations
  • Broken bones
  • Head wounds
  • Concussion and other traumatic brain injuries
  • Sprains, strains, bruises, and scrapes

Complicated Claims Need an Attorney

Minor gas station injury claims are usually straightforward and can be negotiated directly with the insurance company. You’ll rarely need an attorney to get fair compensation when you’ve recovered from bumps or sprains and only missed a few days of work.

If the insurance company blames you for the circumstances that caused your injuries or denies your claim for any other reason, don’t give up. Contact a personal injury attorney to discuss your legal rights.

You can figure out how much your claim is worth by totaling the cost of your medical bills, out-of-pocket expenses, and lost wages. Add one or two times that amount for your pain and suffering.

Put your demand in writing and enclose copies of your bills, receipts, lost wage statement, and other evidence.

Claims for more serious injuries are a different story. Serious injuries include slipped discs, head trauma, complicated fractures, or other potentially permanent injuries. Severe injuries are high-dollar, complicated claims.

The corporations that own convenience stores and gas stations might pay a little to make you go away, but won’t offer what a severe injury claim is worth if you don’t have an attorney.

Most law firms offer a free consultation to injury victims. If you decide to hire a personal injury lawyer to handle your premises liability claim, the lawyer will usually agree to work on a contingency fee basis. This means the lawyer’s fees are only paid if they settle your claim or win your slip-and-fall case in court.

When you’ve been badly injured at a convenience store or gas station, get the compensation you deserve. It costs nothing to find out what an experienced personal injury attorney can do for you.

Gas Station Injury Questions