Injury Lawyer for Slip and Fall Accidents at Burlington Coat Factory
Burlington Coat Factory is not the type of place you enter and expect to encounter a dangerous condition that can cause a serious injury. However, many scenarios may lead to a slip and fall accident. If you slipped, fell, and suffered an injury due to someone else’s negligence, you deserve compensation for the damage caused by the accident, whether it is physical, emotional, or financial.
How Does Someone Slip and Fall at Burlington Coat Factory?
Slip and fall accidents can occur anywhere, but there are many possible conditions in a Burlington Coat Factory store that may cause an accident:
- Overstocked clothing racks may lead customers to dump items on the floor rather than hang them back up.
- Precariously stocked shelves and displays could fall over.
- Employees may mop the floors and fail to leave a wet floor sign for safety.
- The entrance may have wet floors or torn rugs that create a slip or trip hazard.
- The toilet or sink in the bathroom may leak.
- Broken tiles or uneven floors create tripping hazards.
- Employees leave electrical cords on the floor.
- Employees leave stocking carts in the aisle unattended.
- Management fails to fix poor or broken lighting in dark parts of the store.
- The property owner does not take adequate care of the parking lot or outdoor walkways.
Many slip and fall accidents occur during inclement weather. For example, if the property owner does not clear the parking lot following heavy snowfall or icy conditions, they are responsible if someone slips outside the store and gets hurt.
Steps You Should Take After a Slip and Fall Accident
In the immediate aftermath of a slip and fall accident, the steps you take can directly affect your potential lawsuit. If you are able, you should follow these steps:
- Get help. Do not move too quickly, but call out to someone for help if you are alone. If you are severely injured, contact emergency services or ask someone else to do it. The most critical step in the aftermath is to protect your health.
- Ask to speak with a supervisor or manager on duty. Explain what happened in detail and show them the hazard that caused your fall.
- Document everything you can. Take out your phone and take photos of the scene, including the item or condition that caused the fall, any visible injuries, and the surrounding area. Ask for a copy of the accident report filed by the manager. Write down the name and contact information of the manager and any witnesses, and get the security camera footage if it is available.
- Seek medical attention. If you do not need emergency services, you should still see a doctor right away. You can get to the emergency room on your own or go to an urgent care facility. You could also schedule an appointment with your primary care physician, but you must have yourself checked out. Some internal injuries do not show symptoms right away but may worsen quickly if left untreated for too long. Additionally, medical records help prove your claim that the accident caused your injuries.
- Contact a slip and fall accident lawyer. In New York, the statute of limitations is three years for a slip and fall accident. Reach out to an attorney right away if you think the store is at fault for your accident.
If you plan to file a lawsuit, you should avoid discussing the details of your accident on social media. Insurance adjusters are known to look for anything that may help devalue your claim.
Who Is To Blame for a Slip and Fall Accident at Burlington Coat Factory?
As the plaintiff in the case, the burden for proving fault falls on you. To prove negligence, you need to show:
- The property owner or store staff knew about or should have known about the dangerous condition because any reasonable person would have known and remedied it. This would mean that they failed to uphold the duty of care owed to you, the customer.
- The hazard caused your accident.
- The accident resulted in the injuries you claim.
All of these elements must exist for you to file a lawsuit against Burlington Coat Factory successfully. People often slip and fall in retail stores, but without damages, you do not have a case. This means that you cannot sue just for falling; you must have suffered an injury or other loss.
What if You Both Share Fault?
Determining fault in a slip and fall case is not always straightforward. When you file a lawsuit, the most common response from the defendant is to attempt to shift blame either partially or entirely to you. For example, they may use any of the following claims:
- The item or condition that caused your accident was apparent, and you should have seen it.
- Your footwear was inappropriate for the store and contributed to your accident.
- You allowed something like a cellphone to distract you while walking around the store.
- You were in a restricted area of the store when the accident occurred, and there was proper signage to warn you that it was a restricted area.
Sometimes you can easily disprove some or all of these claims with security camera footage, and sometimes you share fault for the accident.
When both parties bear responsibility for an accident, state civil law refers to the comparative negligence rule to determine the proper distribution of compensation. The court assigns a percentage to your fault and then deducts that percentage from the awarded payment. Additionally, there are two types of comparative negligence: modified comparative negligence, which states that you are not eligible for compensation if your fault exceeds 50%, and pure comparative negligence, which says that you are still eligible for compensation even if you are more at fault than the defendant. New York follows the pure comparative negligence rule.
What Compensation Can You Get From a Slip and Fall Accident?
You may receive compensation for any of the following damages that apply to your case:
- Cost of current and future medical treatment
- Current lost and future lost wages
- Loss of earning capacity
- Cost to repair or replace damaged property
- Loss of consortium
- Pain and suffering, including mental anguish, emotional distress, and loss of enjoyment in life
To claim any of these losses, you must provide proof. The specific damages, including medical expenses, lost wages, and property damage, can be calculated using medical bills, pay stubs, and other applicable receipts. The general damages, such as pain and suffering, have no absolute monetary value and are more difficult to quantify. However, general damages often carry the most value. That is when you should consider hiring a slip and fall injury lawyer to help you accurately value your claim.
Why Should You Contact a Slip and Fall Injury Lawyer?
If you or a loved suffered an injury in a slip and fall accident at Burlington Coat Factory, you may be entitled to financial compensation for your injuries and the losses you incurred. At Hill & Moin, we treat our clients like family. We will demand higher compensation if the insurance company underestimates the value of your claim, and our experienced and knowledgeable attorneys will prepare to take your case to trial if necessary. Contact Hill & Moin today to schedule your free initial consultation and learn how we can help you recover.
If you sustained an injury from a slip and fall accident at any of the following commercial properties, our personal injury attorneys can help:
- Baskin Robbins
- Bath & Body Works
- Big Lots
- BJ’s Wholesale Club
- Burger King