When you go to a supermarket, you probably do not think you will be injured. Unfortunately, supermarket accidents occur more often than you might think. If you have suffered a supermarket injury in Miami, FL, you may have a legitimate claim for compensation for medical bills, lost wages, and pain and suffering.
At Lavent Law Personal Injury Lawyer, personal injury attorney Boris Lavent has recovered millions of dollars for injury victims like you. To protect your legal rights, we highly recommend you contact an attorney in a timely manner after your injury. Contact our law firm today to schedule your free consultation with Miami supermarket injury lawyer Boris Lavent.
How Can Lavent Law Personal Injury Lawyer Help Me After a Supermarket Injury in Miami, FL?
At Lavent Law Personal Injury Lawyer, Boris Lavent stands apart from other personal injury attorneys.
Boris Lavent is an award-winning personal injury attorney who has been recognized as one of National Trial Lawyers Top 40 Under 40. Boris gives each client’s case his personal attention and even meets with clients in their homes.
At Lavent Law Personal Injury Lawyer, Boris Lavent focuses exclusively on personal injury claims.
Here’s what you can expect if you hire Lavent Law Personal Injury Lawyer to handle your case:
- Personal communication. Each client receives Boris Lavent’s cell phone number. If he cannot take your call, he will call back within a day. You will always be aware of your case’s status, and you can always ask questions if you need more information.
- Prompt and thorough investigation. Following a supermarket injury, you may (or may not) receive an incident report from the store manager. We will conduct a full and fast investigation of your accident. We quickly request copies of any surveillance video and reach out to available witnesses.
- Minimal blame and maximum compensation. Insurance companies often try to blame the injury victim for their injuries. They usually do this to minimize their own financial responsibility to injury victims. Boris Lavent defends clients against unfair accusations of blame.
- Strong negotiation and skilled litigation. If a case cannot settle on terms favorable to you, award-winning trial lawyer Boris Lavent will be well-prepared to take your case to trial.
When you need a Miami supermarket injury lawyer, you can turn to Lavent Law Personal Injury Lawyer.
After an injury, there are important steps that need to be taken quickly to protect your legal rights. To learn more about how to protect your rights, contact Miami personal injury attorney, Boris Lavent, to set up a free consultation.
Overview of Supermarket Injuries
Although there are not any “typical” supermarket injuries, there are a few situations that commonly lead to injuries in supermarket settings:
- Slip and fall accidents
- Trip and fall accidents
- Workplace accidents
- Hit-and-run accidents
Depending on your circumstances, you may have a legitimate claim for compensation if you are injured in an accident at a supermarket.
Grocery stores are not usually thought of as dangerous places.
However, there are numerous ways that you can be injured in a supermarket in Miami, FL.
Who Can Be Held Liable for My Supermarket Injury?
Anyone whose negligence caused your injury can be held responsible for your financial losses.
The following persons could be potentially liable for your injury:
- The owner of the property where the supermarket is located
- Grocery store managers or supermarket employees
- Third-parties including distributors, vendors, and others
- Anyone who caused you injury while committing a crime against you
For most supermarket injuries, the property owner or the supermarket business has the most responsibility for injuries under a theory of premises liability.
What is premises liability?
Premises liability means that property owners owe a responsibility to keep the property in a reasonably safe condition. Property owners can meet this responsibility personally. But more often, the supermarket operator, its managers, and employees are responsible for keeping the property in a safe condition.
The seriousness of this responsibility depends on the type of property involved. The responsibility to maintain a commercial property where business occurs is higher than residential property owners’ responsibility.
Proving Premises Liability
To prove a premises liability claim against a supermarket, an injured party must prove four things:
- The supermarket owed a duty of care to the injured person
- The supermarket violated its duty of care
- The violation caused the injury at issue
- The injured person was actually injured
A duty of care means the level of actions that must be taken to keep a store safe for customers, vendors, and others present on the property. The duty depends on why the person is present on the property, as well.
Most people in a supermarket, including shoppers, are invitees. These people are on the property for the benefit of the property owner. Anyone who is present for business purposes on property generally open to the public is an invitee.
What Duty of Care Does the Supermarket Owe Invitees in Florida?
The highest duty of care.
Here’s what supermarkets must do to protect invitees:
- Keep the store and its surrounding areas in a reasonably safe condition
- Fix or repair any hazards or dangerous conditions found on the store property
- Warn invitees if dangerous conditions are present on the property
- Conduct occasional and reasonable property inspections to find and fix dangerous conditions or other hazards on the property
To protect invitees, supermarkets have to take steps to timely inspect the store and surrounding properties for conditions dangerous to invitees on the property.
Is the Supermarket Responsible for My Slip and Fall Accident?
If a supermarket’s negligence caused your injuries, the supermarket is probably liable for your accident.
Here are some common grocery store situations where the supermarket has a duty of care:
Leaking Freezers or Coolers
To do their business, supermarkets often have freezers and coolers located throughout the store. Supermarket operators have to keep these machines in working condition.
If a freezer or cooler is broken and begins to thaw, it may lead to a puddle of water on the floor in front of the cooler. Supermarkets have a responsibility to make sure that floors are free of puddles.
Slip-and-fall accidents often happen when supermarkets violate their duty of care. If they are conducting reasonable inspections, supermarkets should know of any hazardous conditions, like puddles, on the floor of the supermarket.
This very important legal duty is carried out by store employees, who are usually young and inexperienced.
Spilled Product or Broken Packaging
Employees, distributors, and vendors are responsible for stocking the shelves at supermarkets, depending on the product. In the event that a product’s packaging breaks or a product otherwise spills, it could create a dangerous condition.
If the spill is the fault of a distributor or vendor, an injury victim could have a claim against the distributor or vendor whose employee caused the dangerous condition. Regardless, the supermarket operator is the party primarily responsible for maintaining a safe supermarket.
When a spill or other dangerous condition cannot be fixed quickly, supermarkets should warn invitees of the dangerous condition. Usually, this can be accomplished by signs or other barriers that call attention to the dangerous condition. If there are no signs or other warnings, and the dangerous condition caused your injury, you could recover compensation.
What If My Miami Supermarket Injury Happened in the Parking Lot?
Your case may be more difficult if your injury happened in the parking lot. Some parking lots are shared between multiple businesses. It can be difficult to determine which business is the one responsible for maintaining the parking lot.
If you were the victim of a crime in the parking lot, the supermarket may be responsible if it knew or should have known that criminal activity was likely to occur in the parking lot. Supermarkets usually try to protect against such criminal activity with well-lit parking lots or nighttime security details.
What Damages Are Available for My Supermarket Injury in Florida?
Damages are the financial compensation owed to injury victims. In Florida, there are three kinds of damages potentially available: economic damages, non-economic damages, and punitive damages.
The purpose of economic damages is to make up for expenses the injury victim would otherwise have to pay out-of-pocket.
Economic damages include:
- Medical expenses
- Nursing care
- Lost wages during recovery
- Disability or reduced earning capacity
Ordinarily, documents like medical bills, receipts, pay stubs, and tax returns must be produced to prove these damages.
Expenses suffered by injury victims that are non-economic represent losses that are not monetary in nature.
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Disfigurement and scarring
- Loss of enjoyment of life
Although these losses are often significant, it can be challenging to establish their value. We work with financial experts and other experts, like life care planners, to appropriately value injury claims.
The third kind of damages, punitive damages, are meant to punish a wrongdoer. They do not apply in most supermarket injury cases.
The facts and circumstances of each case determine what damages are available. Schedule your free consultation with elite Miami supermarket injury attorney Boris Lavent to learn more about what your personal injury case is worth.
How Long Do I Have to File a Lawsuit After My Supermarket Injury in Miami, FL?
After your supermarket injury, you will have four (4) years from the date of injury to file a lawsuit under Florida’s statute of limitations. Wrongful death lawsuits must be filed within two (2) years of the fatality.
It is important to use a skilled Miami personal injury attorney like Boris Lavent to make sure your lawsuit is filed on time. If a lawsuit is not filed on time, you may lose your right to recover compensation.
Reach Out to Our Miami Premises Liability Lawyer Today
It is recommended that you establish an attorney-client relationship as soon as you can after you have suffered an injury inside a Miami supermarket or in the parking lot.
If you think you have a right to compensation for your losses, including medical bills, lost wages, and emotional distress, reach out to Boris Lavent, our Miami supermarket injury lawyer, today. Call our Miami, FL, law office today to schedule a free consultation. We serve clients across South Florida, including West Palm Beach and Fort Lauderdale. Let Lavent Law Personal Injury Lawyer help you get the compensation you deserve.