The answer is yes, however, the real question becomes “who is liable for your fall?” If your actions caused the fall, you may have difficulty holding the store accountable which could impact your ability to recover compensation. But, if it was the store’s negligence is what contributed to your fall, then you can sue and stand a chance at obtaining a favorable outcome.
Couple Sues Target After Wife Slips and Falls on Cooking Oil
Sea Coast Online recently reported that a couple in New Hampshire filed suit against one of the largest retailers in the country—Target. The incident that prompted the lawsuit occurred February 20, 2018, after Nancy and Simeon Schlis went shopping at a Target in Greenville. The source said that Nancy Schlis had gone down the aisle for baking supplies and that is where “she slipped and fell in an area next to shelves that contained spray cooking oil.”
The couple decided to later file suit against Target Cooperation after assessing their damages which include $120,000 in medical expenses and lost wages. “In addition to expenses resulting from the fall, the plaintiffs allege, Nancy Schlis also “sustained a residual permanent impairment as a result of her injuries” – a shoulder fracture requiring surgery.”
On the day of the incident, Target employees were made aware of the accident and immediately provided Schlis with assistance. It was during this time that they “noticed a substantial amount of oil [that] had been deposited on the floor and had dried, causing the floor area to be slippery.” Employees proceeded to help Schlis complete an incident report and called for an ambulance which later transported her Portsmouth Regional Hospital.
After spending months recovering from the injuries she suffered, Schlis determined that the Target Corporation was negligent as it “breached its duty of care by failing to operate its stores in a reasonable fashion, free from any unreasonable risks and hazards, including taking reasonable efforts to inspect products it sold, to safely stack them on shelves, and to regularly inspect the floors to ensure they are well-maintained and clear of hazards.”
Although the source says that the spray oil can may have been damaged, Target employees failed to “retain the product to thereby permit a subsequent analysis to determine whether the can may have malfunctioned.” The source also cited that the store has no surveillance footage of where the accident occurred that could potentially help determine “how and when the oil was deposited on the floor.”
Both of the Schlis’ were named as defendants in the lawsuit as both claimed they suffered as a result of the slip and fall accident. While Nancy Schlis alleges that her injuries have caused her to “suffer severe pain and discomfort and periods of total and partial disability,” her husband Simeon Schlis claims he “suffered a loss as well, including “his wife’s comfort, society, affection, guidance, physical intimacy, household assistance, and other services and support, which were mutually exchanged in their marriage.”
How do I know if I have a legitimate case against a store or business I fell in?
If you have reason to believe that the store and its employees played a role in causing your slip and fall accident to occur, then it is recommended you get in touch with an experienced Jackson, MS personal injury lawyer. It is important that you have an attorney assess the details surrounding the incident to determine if anyone else aside from you was at fault for causing the incident. If it is determined that the store breached its duty of care, then filing a personal injury lawsuit may be the next step you should take if you suffered injuries and wish to recover compensation.
Should I contact a personal injury attorney in Jackson, MS right after the accident?
The sooner you contact an injury law firm in Jackson, MS such as Ballard Law, PLLC, the sooner we can begin working on your case. Personal injury cases can sometimes take months to settle which is why you should consider retaining a lawyer right away so they can begin working on yours. Another reason why we recommend you contact a lawyer right after the accident is Mississippi has set a statute of limitations for filing a personal injury lawsuit.
The statute of limitations refers to the timeframe you have to take legal action. For instance, in Mississippi, an injured party who is looking to recover compensation from a negligent person or entity has three years to file suit against them [Source: Mississippi Code section 15-1-49]. In the event you wait longer to take legal action, the court will likely dismiss your case as it has passed the statute of limitations.
Now, if you recently slipped and fell inside a store or small business in MS and you would like to find out if you have a viable case on your hands, contact Ballard Law, PLLC at 769-572-5111 to speak with Jackson injury lawyer William E. Ballard.
You can reach Ballard Law, PLLC at:
108 S. President Street
Jackson, MS 39201