Slip and fall accidents can happen anywhere, at your home, at your local bank, at your favorite restaurant, or in the case of this article, at your neighborhood Sears location. These slip and fall accidents can cause a range of injuries from minor bumps and bruises to truly damaging injuries like traumatic brain damage, and spinal cord injuries. Recovering from these damages can be incredibly challenging as the process of hospitalization, and physical therapy can place more than just a physical burden on people, but a financial burden as well. Fortunately, victims of slip and fall and trip and fall injuries at Sears may be eligible to file a claim for compensation through a Sears slip and fall claim. However, when taking legal action against a Sears, it is in your best interest that you seek legal representation from a Los Angeles Attorney that can sue Sears for the damages. At Normandie Law Firm our experienced attorneys are not only familiar with slip and fall lawsuits but have a well-known track record of providing all the resources our clients need to receive compensation for their damages. If you have any questions after reading this article, please feel free to reach out to our law offices in Los Angeles, California, for a free consultation from one of our experienced legal advisors.
Sears: The Company
Sears is a department store chain located out of the famous Sears Tower in Chicago, Illinois. Founded by Richard Warren Sears and Alvah Curtis Roebuck in 1892, the company has gone on to become the 23rd largest retailer in the United States. Sears has a wide variety of divisions in Canada and Mexico as well. Sears began as a mail order catalog company but began opening retail locations in 1925. Over time this company has grown and now has become a massive and often intimidating company. Those who slip and fall at Sears, or are injured at Sears through other means are often too intimidated to pursue legal action against the company due to its size and influence. Those who do take on companies like Sears are often pressured to settle their case early, resulting in a settlement payout far below what is needed to cover their damages. For this reason, it is in your best interest, that when trying to file a slip and fall personal injury claim, that you seek legal representation from an attorney experienced in dealing with cases of this nature and facing off against large retail companies like Sears.
Slip and Fall Accidents At Sears
When filing your Sears slip and fall personal injury claim, it is important that you can accurately identify the cause of your damages. The cause of your Sears slip and fall accident can make the difference between a successful settlement payout and have your case fail in court. For example, if you slipped and fell on the ground at a Sears, however, were not paying attention to the wet-floor hazard signs, you will more than likely not be able to reach a successful outcome for your case. Under premises liability, property owners are expected to alert patrons and customers of any potential hazards on the property, and in this case, the property owner did so effectively. However, if you slipped and fell at a Sears but there was no hazard sign, the odds of reaching a successful outcome for your case are in your favor. To give you a good idea as to what these accidents are like we’ve compiled a list of some of the common slip and fall causes that occur at a Sears retail store:
- Sears parking lots and sidewalks: slip and falls in Sears parking lots and sidewalks can occur as a result of uneven pavement, or some other potential floor hazard that results in the customer slipping or tripping and falling. Sears parking lots are still considered a part of Sears property, and as such an accident on a Sears, the parking lot can result in Sears being found liable.
- Sears entrances and exits: another area where a customer can slip and fall are at a Sears entrance or exit. These accidents can be caused by wet floors or even items left on the floor. It is up to the staff to be able to monitor and maintain their premises efficiently.
- Slips and Falls near food vendors in Sears: food and drink vendors inside Sears also pose a significant risk as spilled beverages, and food can result in slip and fall hazards. These areas are expected to be efficiently monitored by staff and owners
- Slips and falls near Sears bathrooms: Sears Bathrooms and washrooms also should be regularly checked and monitored for slip and fall hazards. One major way to prevent hazards of this kind is to place adequate wet-floor hazard signs.
- Slip, and fall accidents in Sears’s housewares, and electronics department: While less common than the other causes, this section of the store should also be monitored for potential slip and fall hazards. Even if another customer causes the hazard if the staff does not respond in time to either notify or remedy the hazard Sears could be found liable.
- Slip and falls in Sears grocery department: Slip and fall hazards can commonly arise here as a result of dropped items, or even malfunctioning leaking refrigerator systems. If a refrigerator is broken and causing a slip hazard, customers should be notified to keep away from the refrigerator until the hazard is remedied.
When filing a Sears personal injury claim, it is also important that you can identify the damages that you suffered. Being able to show what damages the accident caused plays a crucial role in determining how much you will receive for your settlement payout. As mentioned before, slip and fall accidents can cause a wide range of injuries to shoppers, and as such, it is important to understand some of the common ones:
- Head Injuries: Head injuries can range from minor contusions (or brain bruising) to more severe traumatic brain injuries or TBIs. Some TBIs can cause ongoing seizures, mood changes, cognitive impairment and other debilitating symptoms. In most cases, head injuries require emergency room treatment, or hospitalization and in more severe cases can result in death.
- Hip Fractures: Hip fractures often require surgery and extended hospitalization. In some more serious cases, surgery may be necessary to implant an artificial hip. Out of every five hip fracture patients, one of them dies due to their injuries
- Back and Spinal Cord Injuries: Injury to the spinal cord can lead to permanent paralysis, temporary paralysis and other severe neurological and sensory impairments
- Shoulder Injuries: slip (trip) and fall accidents can result in shoulder dislocations or more severe forms of shoulder injuries called brachial plexus injuries. The brachial plexus is a network of nerves that connect the shoulder, arm, and hand to the spinal cord. These injuries are often treated with surgery followed by extensive physical therapy
- Sprains and Fractures: The force of slipping and falling can cause minor to severe bone injuries. In some cases, the impact of the ground could cause minor sprains, in others; it could cause debilitating bone breakage that may result in temporary disability. Some of the common fractures that victims suffer include hip, spine, forearm, leg, ankle, pelvis, upper arm and hand.
Being able to identify the cause of your injuries and the injuries themselves, plays a small role relative to the importance behind things like the statute of limitations, and the process a Sears injury attorney may follow to reach a positive resolution to your case.
How Sue Sears For Personal Injury After A Slip and Fall
When injured Sears customers come into our law firm looking for assistance in regards to how they can sue Sears, they often ask our attorneys a wide variety of questions regarding their legal rights. In a preface, injured customers have every right to sue a property owner for any damages caused by that property owner’s negligence. To give you an idea of some of the questions our attorneys are asked, we’ve included some frequently asked questions below:
- How does one sue Sears for a slip and fall accident?
- What is the best way to file a trip and fall claim against Sears?
- How can I sue Sears for a slip and fall injury?
- How do I file a trip and fall lawsuit against Sears?
As mentioned previously, whether or not a customer can sue a Sears depends on the circumstances surrounding the accident. To file a personal injury claim against a Sears, one must be able to prove that the Sears management and staff did not live up to the expectations laid out by premises liability. The best way to prove this is to collect adequate evidence detailing how the accident happened, and the damages that you suffered. This evidence can often take the form of eyewitness accounts from others in the store, security cam footage detailing the event, and medical records detailing the injuries suffered. Victims should also report the accident as soon as possible. The sooner that you report the slip and fall accident occurred the less likely the Sears management and staff are going to be able to dispute your case.
Another important part of every case is being able to follow the statute of limitations that influence your case. If the statute of limitations is followed, it is incredibly likely that your case will be dismissed from court. The statute of limitations tends to change depending on the state in which the accident occurred and can vary depending on the aspects of the case. For instance, in the state of California, victims of slip and falls at Sears have two years from the date of the accident to bring their case to court. In moving forward, there are some exceptions to the statute of limitations that should be taken into account:
- The Defendant was out of State for a period: If a defendant was absent from the state, the statute of limitations pauses until the defendant returns.
- The plaintiff is a minor: If the injured party is a minor, meaning below the age of 18, the statute of limitations does not run until the said minor turns 18.
- Mental incompetence of the plaintiff: If a plaintiff is judged as mentally incompetent during their injuries or the actions of the defendant, then the statute of limitations are paused throughout this incompetence.
- Death of the plaintiff: If a plaintiff dies before the statute of limitations runs its course, then a lawsuit can still be filed in the statute of limitations period. However, if six or fewer months remaining on the statute of limitations at the time of the plaintiff’s death, then the suit must be filed within six months of the plaintiff’s death.
- Plaintiff’s prison sentence: If a plaintiff is imprisoned, California law dictates that the statute of limitations is tolled until the plaintiff is released, or for two years whichever comes first.
- Plaintiff’s Military Service: If a plaintiff is serving in the military the statute of limitations is automatically tolled for the entire duration of the plaintiff’s service.
It is in your best interest that when suing a Sears for a slip and fall accident that you seek legal representation from a lawyer with experience in handling Sears slip and fall lawsuits. An experienced lawyer will not only help you follow the statute of limitations involved in your case, but they will help you use the gathered evidence to prove the negligence of the Sears management and staff. Listed below are the essential components of every claim of negligence:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (Sears staff or retail owner) owed a legal duty to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
To give you an idea of what kind of settlement you could reach for your Sears slip an fall case we’ve compiled a list of some of the common settlements and verdicts from other slip and fall accidents for your reference:
- A woman was awarded $950,000 after her knee was injured when she tripped over a manhole cover.
- A 34-year-old medical secretary slipped on ice and fell at a New York Walmart, sustaining an injury to her left arm that required surgery and prevented her from using her hand. She was awarded $600,000 for her damages.
- A woman slipped and fell on a puddle of liquid soap in a Costco Store, shattering her kneecap. She received $400,000 for the damages and suffered a partial loss of mobility and permanent pain in her knee.
How Normandie Law Firm Can Help
If you or a loved one have suffered injury after a slip and fall accident at a Sears as a result of a failure in Sears policy, or the negligent actions of staff or owners, you may be eligible to file a lawsuit against the party responsible for your damages. However, when filing this kind of lawsuits it, is in your best interest to seek assistance from a lawyer who can sue Sears. At Normandie Law Firm our Los Angeles personal injury lawyers can guide you through the often complicated process of building a case, filing a claim, and collecting compensation for the damages. If you file a claim with our law firm, you could find some if not all of the following damages compensable to you:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of Sears slip and fall accidents can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based in Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Orange County, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
Premises Verdicts and Settlements
Our experienced injury lawyers have successfully recovered millions of dollars in verdicts and settlements on behalf of our clients. Below, we present to you a brief list of our more recent slip and fall, and premises liability verdicts and settlements. If you have any questions regarding your slip and fall case, feel free to contact our law office.
