How to Win an Injury Case Against a Big Retail Store

Here in Memphis, you have a lot of choices when it comes to the businesses you patronize. Whether you’re restocking necessities or partaking in some “retail therapy,” you deserve to know you are safe and well cared for while doing your weekly or monthly shopping. Unfortunately, accidents in stores happen more often than people realize and can have long-lasting consequences for injured victims and their families.

If you’ve been injured while shopping at a big retail store, you may find yourself facing a long, uphill battle physically, financially, and legally. Because corporate retailers often have extensive financial resources and access to top-tier legal services, filing a personal injury claim against these entities can become overwhelming in the blink of an eye. If you’ve been injured while visiting a large retail store in Memphis, here’s what you need to know about finding an attorney, building a case, and fighting for compensation.

Are retail stores responsible for customers’ injuries?

Regardless of whether a store is a local business or part of a national chain, retailers of all shapes and sizes have a legal duty to maintain a reasonably safe environment for their customers. This duty of care often looks like:

• Keeping floors free of hazards like spills, fallen merchandise, cracks, and gaps
• Ensuring adequate lighting inside and outside the store (including in parking lots and on sidewalks)
• Having security staff and/or protocols to protect shoppers from assaults or theft-related injuries when criminal activity is foreseeable based on previous incidents
• Maintaining equipment and machinery like escalators, elevators, and shopping carts
• Complying with local building codes and federal accessibility legislation like the Americans with Disabilities Act (ADA)

When a store fails to uphold its duty of care and a customer suffers harm as a result, the injured party may be within their rights to hold the retailer responsible by way of a premises liability claim. If the injured party can conclusively demonstrate that the store knew (or should have known) about a safety hazard and failed to take reasonable steps to correct it, the retailer may be obligated to compensate the customer for accident-related damages.

Examples of accidents in retail stores

We all know that accidents can happen anywhere and at any time, and not all accidents are preventable. However, when a retailer fails to take steps to ensure and maximize the safety of their patrons, they may be considered directly responsible for any resulting harm. Here are a few examples of injury-causing retail accidents that might fall under the doctrine of premises liability:

• Slip and fall accidents caused by wet floors, inadequate signage, or debris
• Trip and fall accidents caused by loose rugs, improperly secured cords, poorly placed displays, or insufficient floor/sidewalk maintenance
• Injuries caused by poorly secured merchandise falling from high shelves
• Parking lot accidents caused by maintenance issues like potholes, ice, or inadequate lighting
• Negligent security measures where criminal acts were reasonably foreseeable based on prior incidents

In all of these scenarios, the retailer had an established duty to protect its customers from preventable harm, but failed to rise to the occasion. When this happens, retailers can be found responsible for physical, emotional, and financial harm attributed to their negligence.

Fighting back against big retail stores: The challenges

Going up against a big, corporate-backed retailer is often more complicated than pursuing a personal injury claim against an individual or small business entity. Many corporate stores have national legal teams and insurance carriers that handle thousands of claims every year with the specific goal of protecting the company’s bottom line. When facing claims of premises liability, large retailers may attempt to claim that a victim caused their own accident, was not actually injured, or inflated the severity of the harm they suffered.

Additionally, corporate legal and insurance teams may attempt to delay claims or bury victims under mountains of complex paperwork in an effort to run out the clock. They may also attempt to offer low-ball settlements that seriously downplay the real cost of the victim’s injuries in the hope that the problem will quietly “go away.”

With all of these tendencies in mind, it’s important for victims of retail store accidents to move quickly to preserve and protect their rights by contacting an experienced personal injury or premises liability attorney. A trusted legal professional can help accident victims gather and preserve evidence to support their claims, communicate effectively with insurance companies and corporate lawyers, and pursue a fair and appropriate outcome in their case.

What to do if you’ve been injured in a retail store

Suppose you suffer an injury while on the premises of a retail store. It’s important to take steps immediately to preserve the integrity of any claim you may choose to file down the line. Here is a comprehensive list of steps you can take after an accident to get the ball rolling on a potential premises liability claim:

1. Report the accident to store management and request a formal incident report.
2. Take photos and videos of the scene of your accident, as well as any environmental factors that may have contributed to your injuries. You should also photograph any and all physical evidence of harm, such as bruises, cuts, scrapes, etc.
3. Collect witness statements from anyone who saw what happened or who may have witnessed the unsafe conditions that contributed to your accident.
4. Seek immediate medical attention – even if your injuries seem minor – to obtain clear documentation of your injuries and their most likely cause and prognosis.
5. Begin keeping and maintaining records of all medical treatment, time missed from work, and other expenses related to your injuries.
6. Contact an experienced personal injury attorney as soon as possible so you can quickly assess your legal options and begin the process of filing a claim.

In Tennessee, victims in personal injury cases typically only have one year to file a claim after the date of their accident (or after the discovery of their injuries) to file a claim. This statute of limitations is one of the shortest in the nation, which makes it even more critical for accident victims to take swift action to explore their legal options and fight for the compensation they need to support their recovery.

What damages are available in a retail injury claim?

Retail accidents can lead to a wide range of consequences for injured parties and their loved ones. Depending on the severity of your injuries and the specific details of your claim, you may be within your rights to demand compensation for:

• Medical expenses like doctors’ visits and hospital bills
• Rehabilitation or long-term care costs
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

In Tennessee, there is generally no cap on economic damages in personal injury cases, but non-economic damages (like pain and suffering and emotional distress) are typically capped at $750,000 (with few exceptions).

It’s important to keep in mind, however, that Tennessee uses a modified comparative negligence system, under which, you cannot recover if you are 50% or more at fault. If a victim is partially responsible for their own injuries, they may still recover, but they can have their final damage award reduced commensurately with their level of fault. For example, if an insurance company, judge, or jury determines that a victim was 25% responsible for their own accident, the amount of compensation they can recover will also be reduced by 25%.

This is yet another reason why it is so important for victims of retail store accidents to work with experienced legal representation while fighting for compensation. A trusted local attorney will understand the nuances associated with determining fault in Tennessee personal injury cases. Lawyers can help victims stave off erroneous claims of fault to help them receive the highest possible damage award at the end of their case.

Next steps

If you’ve been injured while shopping at a big retail store here in Memphis, don’t let corporate lawyers and predatory insurance companies discourage you from filing a claim. If a store failed to exercise its legal duty of care and left you to suffer the consequences of its actions, you deserve to partner with a personal injury lawyer who will help you take back control while getting back on your feet.

At Greer Injury Lawyers, we specialize in helping our local clients take on major corporations without settling for less than they deserve. We understand just how challenging it can be to prioritize your health and happiness while navigating a personal injury claim, and we are committed to ensuring you feel supported and cared for throughout every step of your legal journey.

Give us a call today or fill out our online contact form to schedule a free case evaluation with a member of our team. We’re standing by to help you fight for your rights and find your footing in the wake of a retail store accident.