Trip Over Merchandise In A Dollar Store? You May Have A Premises Liability Claim

If you fell over merchandise in a dollar store, a successful premises liability claim (more commonly referred to as a “slip and fall”) will depend on you demonstrating the store owner’s negligence. In South Carolina, store owners have a duty to keep their premises free of defects and to warn customers of any potential hazards. If your fall was caused by poorly placed merchandise, you may be able to recover if you can show that the store was responsible for the hazard.

Our South Carolina slip and fall lawyer at the Law Office of Cezar McKnight knows how to prove liability when you fall in a dollar store due to negligence. Call us today if you are injured.

Proving Liability in a South Carolina Slip and Fall Claim

A store owner is not automatically responsible for your injuries in a slip and fall. A successful slip and fall claim is based on proving the owner’s negligence, which will involve establishing the following when falling in a dollar store:

● The store owner owed you a duty of care (by law, the property owner should inspect for issues, fix dangerous conditions, and warn you of any hazards)

● The property owner breached their duty (i.e., either by failing to warn you of potential hazards or failing to remedy property defects)

● The property owner was the legal and actual cause of your injuries. Legal cause requires showing that the defendant’s (property owner’s) actions had the foreseeable consequence of causing your injuries. In contrast, actual cause requires showing that the defendant’s action set into motion the events that led up to the incident and resulted in you being injured

● As a result of the fall, you suffered compensable losses. Common damages in a slip and fall case include lost wages, medical bills, and pain and suffering

How Long Do I Have to File a Premises Liability Claim in SC?

According to SC Code §15-3-530, victims of a slip and fall only have three years to take legal action. If you miss this deadline, you risk being barred from recovery. There are limited exceptions to the law, such as if the victim was a minor at the time of the incident or did not discover their injuries right away. Even if you believe you have missed the legal deadline, it is important that you speak with a South Carolina slip and fall lawyer to discuss your options.

Evidence in a Premises Liability Claim

Evidence will help you establish the dollar store owner’s negligence as well as serve as proof of your losses. Common evidence in a slip and fall case may entail:

Photographs of The Merchandise That Caused the Fall

This may include a close-up of the hazard, any items that may have fallen off the shelf or kiosk, and a wide shot of the layout of the store.

Video Surveillance or Footage

If there is a video of the incident, you will want to obtain this footage to submit as evidence. A video will show the fall occurring in real-time, clarifying any confusion regarding what took place.

Eyewitnesses

If any other customers saw you fall, be sure to get their names and phone numbers. Ask if they are willing to provide a brief statement regarding what they witnessed.

Store Incident Report

Following your fall, you should notify the store owner or manager of the incident. The store manager may approach you and ask you to fill out a form. Be wary of signing any forms or internal contracts since this could hold the store harmless for your medical bills, lost wages, and other damages.

Police Report

While the police are typically not called in a minor slip and fall, doing so will help to preserve your claim. If the police are called, they will document the accident scene, including what hazards they see. Law enforcement will also gather the names of eyewitnesses and take down a brief statement from them. Calling the police immediately prevents the store owner or manager from tidying up any items or cleaning up the scene prior to the cops’ arrival. While a police report is admissible in an insurance claim, it is generally inadmissible in court since it is considered hearsay.

Medical Bills

Any bills related to your ambulance ride, ER visit, hospitalization(s), surgeries, prescription costs, and physical therapy should be collected and organized. Medical bills are the crux of most slip and fall cases, showing the extent of your physical injuries. The severity of your injuries also plays a major role in your emotional losses (such as pain and suffering, infliction of emotional distress, and loss of enjoyment of life, etc.).

Lost Wages

If you have missed work due to your injuries, you will want to provide proof of lost income. This proof may include pay stubs, W-2s, income tax returns, and a lost wages letter from your employer. If your injuries are severe, you may be able to claim loss of future earnings as well. A South Carolina slip and fall attorney can assess your medical records and communicate with your treating physicians (with your approval, of course) to determine if you qualify.

Contact a South Carolina Premises Liability Lawyer Today

If you have recently fallen due to fallen or poorly placed merchandise in a dollar store, the Law Office of Cezar McKnight would like to speak with you. With over 20 years of legal experience, our South Carolina premises liability attorney has successfully handled a wide range of cases, from simple to complex. He knows how to effectively prove the wrongful party’s liability to obtain the compensation you deserve. To arrange your free consultation with an attorney, contact us online or by calling (843) 374-4529 today.