In Florida, suing a retail store can be done in certain situations. One common example of when a retail store can be sued is negligence.
Negligence arises when the retail store has a duty of care to a patron and they breach that duty. There are many different consequences that may arise, including injuries, both physical and mental, and losses from earned wages.
When there are issues, such as a wet floor, if a retail establishment is aware of an issue and does not take steps to fix it, they can be liable for negligence and face a premises liability lawsuit. A retail store may also be liable for emotional harm, for example, the patron developing PTSD from the negligent incident.
In order to have a successful negligence claim, the plaintiff must show four elements, including a duty of care, a breach of that duty, a causal link, and measurable harm. When a plaintiff successfully proves these elements, they may receive compensation for lost income and other personal injury.
If an individual has had any issues related to an injury in a Florida retail store, it is important to have a legal consultation in Florida.
What Do I Need To Prove My Slip and Fall Claim in Florida?
When there is a property defect in a retail store, such as a missing handrail or inadequate lighting, a slip-and-fall accident may occur. For a plaintiff to have a successful premises liability claim, an individual must show that the retail store owner must have been aware of or should have been aware of a dangerous condition.
That issue and lack of action on the part of the store owner must be the reason the plaintiff was injured. It is important to collect evidence that supports this claim as soon as possible, as things get fixed and camera footage gets recorded over or disappears.
To make a determination of liability, the plaintiff will need to show whether they were a licensee, invitee, or visitor based on their business at the location. In some situations, a plaintiff may be able to make a negligence claim, even if they were a trespasser.
Florida lawyers can help their clients determine whether they have a claim against a retail store in Florida and what compensation they may be able to recover.
What Other Types of Claims Can I Sue the Florida Retail Stores For?
There may be other types of claims that an individual may be able to sue a Florida retail store for, including claims under dangerous structure law and store security lawsuits. Another common type of claim that can be filed against a retail store is a slip-and-fall lawsuit.
If a defective product causes an injury to a customer, a plaintiff may be able to sue as well. Most claims are based on foreseeability.
The law does not require a retail establishment to foresee unreasonable circumstances or events, but it does expect owners to take care of issues they are aware of or should be aware of.
What Are Some Legal Options Available in a Florida Retail Store Lawsuit?
In a Florida retail store lawsuit, an injured individual may be able to ask for compensation for their injuries, lost wages, and other losses. A business may also be required to fix the issue that caused the injury and take steps to ensure it does not happen again by updating safety protocol and requiring additional employee training.
Can the Retail Store Assert Any Defenses Against Me?
Yes, there are some personal injury defenses that a Florida retail store may be able to assert against a plaintiff. One of the main defenses a store may be able to use is comparative or contributory negligence.
These defenses can be used when a customer ignored warnings, engaged in dangerous conduct, or otherwise contributed to their own injuries. Florida follows a system of modified comparative negligence, meaning that the plaintiff’s award will be reduced by their fault percentage as determined by the judge or jury.
Another possible defense is the failure to mitigate damages. This can happen when the customer did not take steps to resolve their injuries, such as seeking medical care or going to follow-up appointments.
What Are the Steps To Take When Suing a Retail Store for Injuries in Florida?
There are several steps someone can take when they are suing a retail store for their injuries. The first and most important step is to contact a lawyer as soon as possible to ensure a claim is filed within the required time period, or statute of limitations.
It is important to keep all records and communications, such as invoices, forms, and emails. Other helpful evidence may include pay stubs, surveillance video, medical charts, and anything else that is related to the incident.
The more specific information an individual can present to back up their claim and request for compensation, the more likely they will be to succeed. The first step in making a claim is to file a complaint, which will be done by a lawyer in the proper court.
The retail store will then have a chance to respond in a document called the answer. The case will then be scheduled for a trial where both sides can present their evidence and arguments.
At any time during the process, the parties can reach a settlement agreement.
Can I Sue a Store for Discrimination?
Yes, an individual may be able to sue a Florida store for discrimination if they were treated unfairly or denied service. Although a retailer can refuse service based on conduct, it cannot discriminate based on protected characteristics, such as race, gender, or ethnicity.
It is important to be aware that, in order for federal discrimination laws to apply, the establishment must be considered a place of public accommodation. If an individual believes they were discriminated against in a retail store, they should document the issue by noting their conduct, the worker, and witnesses, if available.
If a retail establishment is found liable for discrimination, they may be required to pay both compensatory and punitive damages. Punitive damages are imposed when conduct is outrageous or egregious in hopes of deterring future similar behavior.
Should I Contact a Florida Attorney About Suing a Retail Store?
If you have any issues with a Florida retail store, it is essential to reach out to a Florida personal injury lawyer. As previously noted, there are statutes of limitations for claims in Florida, specifically two years for personal injury claims.
This means you need to get started gathering evidence and filing your claim as soon as possible. Your attorney will be familiar with the requirements, the processes, and how to present a successful claim on your behalf in court.
Your personal injury attorney can also help you gather the necessary evidence to present the best case possible. Additionally, your attorney will be able to negotiate on your behalf with the store or company for a fair settlement that compensates you for all your losses.
You can use LegalMatch to find a Florida personal injury attorney at no cost and in as little as 15 minutes on the website. Simply submit your question or incident and you will get messages from LegalMatch member Florida lawyers who are ready to help you get the compensation you deserve.
