With a wealth of sunny weather, sandy beaches, and tourist attractions, Eastern Florida is prime real estate for retail stores. From large department chains to small, local specialty businesses – these stores are visited year-round by vacationers and residents alike. No matter the type or location of the store, however, they all have one responsibility in common — keeping their shoppers safe. The last thing you should worry about while enjoying a shopping day or hurriedly checking things off your list is a serious injury because of store negligence.
When you walk into a retail store you have the right to expect the same reasonable standards of safety and security you would receive at a friend's home. If you have been injured in a retail store in Brevard County, Orange County, Seminole County, Indian River County, Osceola County, or the surrounding areas and suspect it is due to the merchant's negligence, you have may have a right to damages. Contact the experienced Melbourne retail store accident attorney at The Law Offices of James B. Coulter. We will take control of your case by providing comprehensive representation and fighting for restitution of your damages so that you can get back to what's important – healing. Your first consultation is free, so call (321) 586-9944 or send an online message today.
All property owners owe some degree of safety to visitors depending on the type of property and category of visitor. When a retail store opens its doors, it is sending an implied invitation out to potential customers to enter the store. According to Florida law, once the customer enters the property they are a business invitee and require the highest level of responsibility from the owner.
The owner is thus required to prevent any safety hazards to the business invitee through regular property maintenance, proper security, employee training, and other preventative measures. Additionally, if a safety issue is not immediately resolvable, highly visible warning signs must be put in place around the hazard. If you have suffered injury in a retail store and suspect reasonable preventative measure was not taken, you could be entitled to restitution under Florida premises liability law.
Give the variety of store types, locations, and premises involved with retail stores, it's no surprise that the number of different injuries it is possible to sustain is a long list. However, there are some cases and injuries that are more common than others, including:
All of the injuries sustained from these instances reflect some degree of premises liability. For instance, in a slip and fall case where the spill was present for a long period of time with no signage, an owner shoulders more responsibility than if the spill just occurred and the slip and fall happened before all safety procedures could be put in place.
Florida follows a pure comparative negligence system, so if you've suffered an injury from any of these or another retail store safety hazard you could be entitled to damages no matter your category of visitor for things like the following:
An experienced Florida personal injury attorney will be able to review your case and use multiple legal strategies to get favorable restitution for your case while you continue the healing process.
Even if a victim of retail store negligence is aware of premises liability and the damages that may be available, it is common to think that having a weak case or being partially at fault for the incident will make him or her ineligible for any restitution. This is simply not true for civil cases in Florida. There are two things to remember when it comes to seeking damages in a retail store liability case:
This means that if it is determined that negligence was responsible for 60% of your damages of $100,000, you will receive $60,000. No matter the circumstances surrounding your injury, discuss your case with an experienced Melbourne retail accident attorney to see what Florida's pure comparative negligence policy can do for you.
In most premises liability cases in Florida, it is not the owner who makes the restitution payments – but the insurance company. It is important to remember that the objective of every insurance company is to pay as little as possible to protect their customers. If you have been contacted by the store's insurance company and have been denied benefits or were offered an unfair settlement, you do not have to take that for your final answer. Call an experienced Brevard County retail accident lawyer to fight for the compensation you deserve.
The legal team at The Law Offices of James B. Coulter care about your case and are not afraid to fight insurance companies for the restitution that is rightfully yours. If you have been in a retail accident in central or eastern Florida including Melbourne, Cocoa Beach, Cape Canaveral, Port St. Lucie, Palm Bay, or the surrounding areas call (321) 586-9944 or send an online message today. Your first consultation is free, so you have nothing to lose. Call now.