Warehouse Store Accidents
Many Floridians take advantage of the convenience and cost savings offered by warehouse stores. While such stores offer consumers numerous benefits, they unfortunately often pose a risk of harm to shoppers due to the ways in which they are set up and operated. Store owners have a duty to provide their customers with a safe shopping environment, though, and if they fail to do so, they may be held responsible for any harm that ensues. If you were hurt in an accident caused by a dangerous condition in a warehouse store, you should contact an attorney to assess your options for seeking damages. The knowledgeable Cape Coral premises lawyers of Lusk, Drasites & Tolisano, P.A. can advise you of your rights and aid you in pursuing the best result available under the facts of your case. We regularly represent people in cases arising out of Warehouse store accidents in Cape Coral and in Fort Myers and Naples.Harm Sustained in Warehouse Store Accidents
Warehouse stores often have pallets of merchandise stacked throughout their aisles. As such, it is not uncommon for an item to fall from a pallet and hit a customer, causing harm such as crush injuries, lacerations, hemorrhages, and traumatic brain injuries. In other instances, a person may suffer harm like muscle strain or sprain, or fractures, when attempting to extract a product from a pallet or shelf. Slip and fall accidents frequently occur in warehouse stores as well due to the prevalence of spills and leaks on their floors. Finally, a person shopping in a big box store may sustain broken bones, tissue damage, contusions, and other harm, if they are struck by an absent-minded forklift operator.Seeking Compensation for Warehouse Store Accidents
Generally, warehouse store accidents occur because the parties that own or operate the stores fail to maintain them in a safe condition. In such instances, the store owner may be held accountable for the injuries brought about by their neglect. Therefore, in most lawsuits arising out of warehouse store accidents, the injured parties will assert negligence claims against the store owner.
Under Florida law, negligence is made up of four elements, duty, breach, causation, and damages, and a plaintiff must establish each element to recover damages. Specifically, a plaintiff has to show that the defendant owed the plaintiff a duty of care, but the defendant breached the duty in some manner, which proximately caused the plaintiff to sustain measurable losses. In sum, the plaintiff has to show that the accident and subsequent harm would not have happened but for the defendant’s behavior.
In Florida, business owners owe a duty to prevent those who lawfully enter their property from sustaining foreseeable harm. Among other things, this means that they have to warn business invitees of any known hazards they may encounter on the property and remediate any dangerous conditions of which they are aware. In cases where the plaintiff suffered harm due to a fall caused by a transient substance, the plaintiff must demonstrate that the defendant had actual or constructive knowledge of the substance. Typically, this is done via evidence showing that the hazard was one that regularly arose at the defendant’s business, and as such, was foreseeable, or that it existed for such a length of time prior to the fall that the store owner should have been aware of it.Contact a Knowledgeable Florida Lawyer to Discuss Your Case
Shoppers expect the business they visit to be safe, but unfortunately, harmful incidents are common in warehouse stores. If you were hurt in a warehouse store accident, it is advisable to contact a lawyer to evaluate what claims you may be able to pursue. At Lusk, Drasites & Tolisano, P.A., our knowledgeable Cape Coral lawyers are well-versed in what it takes to achieve winning outcomes in personal injury matters, and if you hire us, we will work diligently to help you seek your desired outcome. We frequently help people hurt in slip and fall accidents in lawsuits out of our offices in Cape Coral, Fort Myers, and Naples. You can contact us through our form online or by calling us at 800-283-7442 to set up a confidential and free conference.