Injured at a Retail Store? How to File a Claim for Settlement

See how to file a personal injury claim for injuries at a retail store, and what you need to prove to get a fair settlement.

Each day, thousands of people shop in retail stores across the country. During the busiest time of year, the days following Thanksgiving, more than 164 million shoppers will visit retail stores of every kind.¹

With all those shoppers, accidents are bound to happen. Slip and fall accidents are one of the most common shopping accidents.

If you or a family member have been injured in a store, it’s important to know how to protect your right to compensation. You need to know how to make a valid injury claim, where to get evidence to prove the store was to blame, and how to maximize your financial compensation.

Your Right to Legal Protection in Stores

The law classifies customers as invitees. As an invitee, you have an expectation of safety from undue harm while on store property. To be an invitee doesn’t mean you have to spend money. You might be there to browse, buy, or return an item. You could be there to apply for a job or speak with the manager.

Customers aren’t the only visitors to retail stores who qualify as invitees. Invitees include contractors, trucks delivering merchandise, wholesalers there to sell merchandise, and anyone else there to conduct legitimate business.

Customers should expect to be safe anywhere on the property, including:

  • Parking lots
  • Walkways
  • Aisles
  • Merchandise display areas
  • Dressing rooms
  • Restrooms
  • Check-out lanes
  • Other places customers use while in the store

So long as you intend to conduct business when coming onto the store’s property, you’re an invitee and entitled to legal protection. Your legal protection includes the right to seek compensation for injuries caused by the store owner’s failure to prevent harm to others.

Retail Stores Have a Duty of Care

A duty of care is a legal obligation to avoid causing harm to others. It means stores and other businesses must do everything reasonably possible to ensure their customers are protected from unsafe conditions that might cause injuries.

If the store fails to prevent or correct a dangerous situation and causes you to get hurt, the owners and managers are considered negligent.

Negligence is a breach, or violation, of the store owner’s duty of care. That violation makes the retailer liable for his customer’s damages.

Damages can include medical and therapy bills, out-of-pocket expenses, lost wages, and the customer’s pain and suffering.

Filing a Personal Injury Insurance Claim

Most injuries suffered at businesses are minor, with a fast recovery. You can probably file a personal injury claim for minor injuries on your own, but you have the right to consult a personal injury lawyer at any point in the negotiations.

As soon as you have the name and address of the store’s insurance company, you or your attorney will send a notification letter to let them know you will seek injury compensation.

After you’ve recovered from your injuries, calculate your claim’s settlement value by totaling the cost of your medical bills, out-of-pocket expenses, lost wages, and other injury-related expenses. Add one or two times that amount to account for your pain and suffering.

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

Deciding to Hire an Attorney

Hiring an attorney depends on the extent of your injury. Serious injury and wrongful death cases are high-dollar claims that should be handled by a competent attorney. Severe injuries can include head trauma, broken bones, significant neck or back injuries, or other injuries requiring hospitalization.

Insurance companies will fight hard to avoid paying large settlement amounts for personal injury cases.

When you or a loved one is badly injured in a retail store accident, don’t leave your financial future hanging in the balance. Most law firms offer a free consultation to injured persons. Your personal injury attorney may agree to work on a contingency fee basis, meaning they don’t get paid unless they settle your claim or win your premises liability lawsuit in court.

Proving the Store’s Liability for Your Injuries

Whether you file your own insurance claim or hire an attorney to handle your case, it’s up to you to prove the store owner was to blame for your injuries.

To prove the property owner was liable for your injuries, you need to show:

  1. A dangerous condition caused your injuries
  2. The owner knew of the dangerous condition or should have known
  3. The owner failed to eliminate or repair the dangerous condition
  4. You did nothing to contribute to your injury
  5. The dangerous condition was the cause of your injuries
  6. Your injuries and subsequent damages are verifiable

It doesn’t matter what kind of store you were in or the scope of your injuries. The same steps apply to proving store negligence.

3 Crucial Steps to Take After a Store Injury

1. Report the Accident

Stay in the store and ask for the manager. People are often embarrassed when they slip and fall or when a shopping cart tips over on them.

Don’t assume you’re not injured. The rush of adrenaline you get from surprise and distress can mask pain and other symptoms. Even serious injuries like a concussion may not show symptoms until hours later.

If you leave before reporting the accident, later you’ll have a very difficult time proving you were hurt at the store. Get the full name and title of the store employee who took your information. Let them know you want a copy of the store’s incident report.

2. Watch What You Say

Never make excuses for your injury or make any statements the insurance company can and will use against you. No matter how nice the store manager is treating you, you can ruin your claim by saying the wrong thing.

When asked if you’re okay, you can always respond that you don’t know.

Avoid statements like:

  • I’m so clumsy.”
  • I should have watched where I was going.”
  • That was stupid of me.”
  • I’m fine, just a little shaken up.”

3. Get Prompt Medical Treatment

Never refuse medical attention at the scene. Let the store call 911. If you aren’t transported directly to the hospital, you must seek medical care as soon as possible, preferably the same day. You can see your private doctor, go to the emergency department, or visit an urgent care center. Wherever you’re treated, make sure you tell them when, where, and how you were injured.

Refusing or delaying medical treatment can destroy your claim. The insurance company won’t hesitate to argue that your injuries didn’t happen at the store.

Your treatment records will link your injury to the store, but you still have to prove the store was to blame for the circumstances that led to your injuries. To prove fault, you’ll need good evidence.

Evidence is Critical for a Strong Claim

Believable evidence is the key to succeeding in a personal injury claim against a retailer. Saying a store is liable for your injuries is one thing. Proving it is another.

Gathering good evidence starts as soon as you’re hurt on a retail store’s property. The stronger the evidence, the stronger your injury claim.

Your notes and records: As soon as you’re able, write down exactly what happened to cause your injuries. Write down the names, job titles, and contact information of store employees you spoke with, and anyone you talk to from the corporate office or insurance company.

Keep detailed notes and records, including the dates of every communication. Save copies of every letter, email, or other correspondence.

Photographic evidence: Use your cell phone to capture helpful photographs and videos of the accident scene. If you turned a corner and tripped over some boxes left in the aisle, a photograph of the boxes in the aisle proves they were there. You can bet someone will remove those same boxes shortly after you report your accident.

Insurance information: Ask the manager to give you the name and contact information for the store’s insurance company. If the manager doesn’t have that information, ask for the phone number and address of the store’s administrative offices, where you can make a report and ask about insurance information.

Witnesses: If you’re shopping with a friend or family member, they can serve as an eyewitness. Good Samaritans who stop to help are stronger witnesses than friends or family members. They have no personal stake in the outcome, so their testimony is unbiased.

Store employees can make the best eyewitnesses on your behalf. They not only don’t have a stake in the outcome, but they may make admissions that help prove the store’s liability. The employee’s witness statement would work against the store and in your favor.

Surveillance cameras: Most retail stores maintain surveillance cameras in every area of the store other than inside restrooms and changing rooms. The primary purpose is to protect the stores from theft and from unscrupulous people who fake injuries to collect insurance.

Those same cameras accurately record legitimate accidents and the hazards that caused them. The store’s insurance company can view the surveillance videos, which your lawyer can later subpoena if the store denies liability.

Proving your damages:  The store’s insurance company will need copies of your medical treatment records, medical bills, receipts for out-of-pocket expenses, and verification of lost wages. Verified medical expenses are a big factor in settlement calculations.

Always keep the originals in your file and provide copies to the insurance company. Keep a diary of your treatments, pain levels, and your inability to perform tasks of daily living. Your diary can help support your claim for pain and suffering.

Common Types of Store Hazards and Injuries

Most business owners take pride in offering merchandise in a clean, attractive, and safe retail store. Business owners and operators are required to take reasonable care to prevent injuries to customers.

Sometimes, store employees are careless. Their carelessness can result in injuries to customers like you.

The most common causes of retail store injuries:

  • Liquids spilled onto the floor
  • Aisle obstructions
  • Faulty staircases, elevators, and escalators
  • Merchandise falling from shelves
  • Jagged shelves and showcases
  • Mechanical door breakdowns
  • Insufficient lighting in parking lots
  • Uneven, damaged, and slippery floors

Common injuries to customers:

  • Cuts, scratches, and puncture wounds
  • Infections from cuts and punctures made by dirty pins or other sharp objects
  • Broken bones
  • Head injuries, including traumatic brain injuries
  • Back injuries including herniated or ruptured disks
  • Soft tissue injuries like bruises, sprains, and strains

Retail Store Injury Claim Questions