Were you or a member of your family harmed after a sudden stop shopping cart incident? The shopping cart that you or a member of your family was pushing on the premises of a store could have suddenly stopped and directly contributed to an accident. If you suffered an incident that involved a shopping cart, the incident could have been caused by the negligence of the store management or owner. This means that you and other affected parties might have grounds to pursue a claim.
If you or a member of your family suffered harm because of a faulty shopping cart, it is essential that you seek legal assistance as soon as possible to explore the possibility of filing a claim. Depending on the details of the incident, you could sue and even receive monetary compensation. If you would like to learn more about your right to take legal action against a store after a shopping cart incident, do not hesitate to contact our experts at Downtown L.A. Law Group.
At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims and representing victims and their families. Our lawyers are ready to handle your claim and aggressively fight for your right to recover the compensation to which you are entitled. If you would like our experts to handle your claim and
The Dangers of Shopping Carts
Shopping carts are supposed to facilitate our shopping. Most of us have experienced at least a few issues with shopping carts in the past, the most common likely being the cart veering to one side, being difficult to maneuver, or even being unable to push it due to a jammed wheel. Fortunately, many of these issues are identified as soon as we grab the shopping cart – and many of us simply look for another shopping cart.
However, some issues with shopping carts appear very suddenly – and can actually result in incidents. Consider the following two examples of shopping cart incidents:
- A woman was pushing a shopping cart when the wheels suddenly stopped. The cart sheared the front of the woman’s shins. She suffered lacerations, hematomas, and other injuries in her legs, which resulted in the need for complex surgery and even skin grafting. She also suffered facial lacerations.
- A woman was pushing a shopping cart when the wheel suddenly popped off, causing the shopping cart to suddenly stop and the victim to fall to the ground. The victim required hip surgery.
In both of these incidents, it was the sudden stop of the shopping cart that ultimately resulted in the injuries suffered. Depending on the specific circumstances surrounding the incident, the sudden stop of a shopping cart could contribute to the harm suffered. Some of the injuries that unsuspecting victims could suffer include the following: head injuries; brain injuries; neck injuries; back injuries; spinal cord injuries; shoulder injuries; hip injuries; knee injuries; lacerations; fractured bones; scrapes; bruises. Regardless of the specific injuries suffered, it is likely that affected parties will require at least some sort of medical treatment. In many cases, recovery is only partial.
Shopping Carts and Premise Liability
Based on premise liability property owners and managers owe a duty of care towards their guests. Stores, such as grocery stores, department stores, and convenient stores, for example, all carry this duty of care. Specifically, there is a duty to keep their shoppers safe while on their premises – their premises consist of the actual structure of the store to the parking lot and even sidewalks in some cases. Owners and managers must ensure that their entire premise is free of any hazards that could potentially lead to incidents and injuries.
To preserve the duty of care, premises must be thoroughly inspected to identify and address any hazards before innocent parties are harmed. All elements within the premises must be safe. This includes shopping carts. If shopping carts are not regularly inspected, maintained, or repaired, they can represent a significant hazard to innocent shoppers – this also represents a breached duty of care.
Whenever a breached duty of care leads to an incident that results in harm, the parties that breached their duty of care could be held accountable for all the harm suffered. This means that affected parties could hold liable parties accountable for the harm that they suffered.
If you would like to learn more about premise liability and how premise liability establishes the right to pursue a claim, do not hesitate to seek legal assistance with our experts as soon as possible.
Your Right to Sue and Receive Compensation
If you or a member of your family were harmed in any way as a direct result of the negligence of a store that failed to ensure that there were no hazards in its premises, you will likely have grounds to sue. It is also possible that you are eligible to recover some sort of compensation for the harm that you suffered.
How much compensation could you receive? What type of compensation could you recover? The answers to these questions will always depend on the specific details of your claim; therefore, making assumptions about potential recovery and cases value before speaking to an experienced lawyer is strongly discouraged.
Some of the categories of compensation that are sometimes awarded to victims and their families include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Property damage
- Funeral and burial costs
- Loss of consortium
- Punitive damages
If you would like to learn more about the type and amount of compensation that you and your family might be eligible to receive if your sudden stop shopping cart accident claim reaches a successful outcome, do not hesitate to seek legal assistance with our experts as soon as possible. Our lawyers are ready to evaluate your claim and help you understand the compensation that might be available for you. When you trust our experts to handle your claim, you can be certain that there will always be someone aggressively fighting for your right to recover the maximum amount of compensation available.
To learn more about the compensation you could recover, contact us today.
What Should You Do?
If you were injured by a shopping cart while on the premises of any sort of store, there are a number of things that you should do to ensure that you can eventually file claim. There is no question that filing a lawsuit is not the first thing to cross the minds of injured parties; there is no guarantee that all incidents will lead to valid claims.
All victims, however, should explore the possibility of taking legal action if the harm that they suffered was a result of negligence. Following the appropriate steps will prove to be beneficial if affected parties decide to pursue claims. Consider the following recommended steps to take after being harmed because of a shopping cart:
- Call for assistance
- Ensure that an employee or a manager sees you on the floor before you attempt to get up
- Take photos of the scene of the accident (including the shopping cart)
- File a written report with the management
- Take note of the date and time that the accident occurred
- Take note of any surveillance cameras that could have captured your accident
- Take note of the name of the manager on-duty at the time of your accident
- Speak to witnesses and gather their contact information
- Seek medical attention immediately (contact emergency services if necessary)
- Seek legal assistance immediately (with a premise liability lawyer)
By following the recommended steps above, you are essentially gathering the tools necessary to file a claim after suffering any sort of harm. Although there is no guarantee that following the recommended steps above could result in a successful outcome, following the steps above could facilitate the legal process. If, at any time, you are confused about what you should do next, it is essential that you seek legal assistance immediately.
How Long Do You Have to Sue?
Depending on the details surrounding your claim, you could have the right to sue. However, you could lose your right to sue in some circumstances. Specifically, you could lose your right to sue if you fail to file your claim within the appropriate length of time. All claims are subject to a statute of limitations – which determines the length of time that claimants have to sue. If claimants fail to file within the appropriate length of time (the time established by the statute of limitations), they could lose their right to sue.
How long do you have to file your claim after being harmed by a shopping cart at a store? In California, premise liability claims are typically subject to a two-year statute of limitations, meaning that claimants will only have two years to file their claims. If claimants fail to file within the two years allowed by the statute of limitations, they could lose their right to sue and their right to receive any form of compensation.
Statutes of limitations result in strict deadlines; however, certain exceptions could apply. These exceptions could directly affect the statute of limitations and toll or pause it for some time. To ensure that you file your shopping cart injury claim on time and have a thorough understanding of any exceptions that might apply to the time that you have to sue, it is essential that you seek legal assistance with our experts.
Contact Downtown L.A. Law Group Today
Were you or a member of your family injured after a shopping cart suddenly stopped while you were using it? Depending on the incident, the injuries were likely extensive – and might give victims and their families grounds to pursue a claim. If you are interested in exploring the possibility of filing a lawsuit against a store after being harmed in an incident surrounding a shopping cart, it is essential that you seek legal assistance as soon as possible. Specifically, you should seek legal assistance with lawyers experienced in premise liability cases – consider the experts at Downtown L.A. Law Group.
At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims, always dedicated to representing the best interests of our clients. We are committed to providing all affected parties with the legal representation that they need to file their claims against the liable parties and recover the compensation to which they are entitled. To ensure that all parties have access to the appropriate legal representation, our firm offers free legal services.
The free legal services offered by our firm include both free consultations and free second opinions. During our free consultations and free second opinions, affected parties will have access to all the information that they need to start or continue their claims. Specifically, our lawyers will be available to answer all questions and address all concerns. Whether you are interested in starting or continuing your premise liability claim against a store for your shopping cart injuries, it is essential that you seek legal assistance with our experts as soon as possible.
If you would like to benefit from our free consultations and free second opinions, it is essential that you contact our firm at your earliest convenience. Our free legal services are available as part of our Zero-Fee guarantee, which ensures that our clients will never be required to pay any upfront legal fees. Our firm is also strictly based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to cover any legal fees.
If you would like to learn more about your right to file a claim after being harmed at a store, do not hesitate to seek legal assistance with our experts as soon as possible.
How to Sue Belkin for Defective Charging Banks
If you intend to file a product liability lawsuit against Belkin, you must show that the company was negligent in some way. Product liability lawsuits can be filed if you can prove at least one of the following points about the product:
- There was a design error present with the charging bank
- There was a manufacturing error that occurred when the charging bank was being made in the factory
- There were no hazard signs or symbols on the charging bank or on the packaging
The charging banks had a defect in the wiring, so it is likely that the materials were faulty or that there was a design that did not account for the small space or power usage.
You should make sure to go to the hospital to get medical treatment for your injuries. It is not recommended that you wait too long to visit a doctor. If you do not get treatment quickly, your injuries may worsen, or you may find that the insurance agent will doubt the validity of your claim. He can say that you were shocked by another item or in another incident, and he will say that the defective item was a convenient scapegoat. You should also make sure that you get copies of all medical documents, test results, doctor’s statements, hospital receipts, and more from the treatment center.
You can take photos of the damages from the electric shock, and you can also take pictures of the charging bank to show that the item caught fire, if applicable.
There may have been eyewitnesses who saw the incident happen or who can testify that the bank was defective. You can add their statements to your claim to bolster it. The more support you have from people who saw the incident, the stronger your case will be.
You may want to throw the charging bank away, try to repair it, or return it for a refund. You should do none of this. It is important that you keep the charging bank as it is and preserve it, as it is the most important piece of evidence you have. If you get rid of it, the insurance company can claim that there’s no way for the defect to be examined, since it is not present at all.
You may have a receipt showing that you bought the charging bank. You can make copies of this, or copies of a bank statement or email showing that you paid for the item.
You will benefit by hiring a product liability lawyer to handle your case for you. If you have never taken legal action, you may not know the first thing about moving forward with a defective product claim. An attorney can gather your proof, negotiate with the insurance agent, and keep you updated throughout the process while you recover and return to regular life.
Statute of Limitations to File a Product Liability Lawsuit
California has a statute of limitations of two years from the date of the injury if you wish to file a claim to receive compensation for damages. If you do not sue within this time period, you won’t be able to receive any restitution, and your claim will be thrown away. Often, individuals fail to understand the correct amount of time or do not know that there is a statute of limitations in the first place. It is important that you speak with a lawyer to determine how much time you have left on your case.
There is the possibility for your statute of limitations to be extended, but this will only happen in certain situations. If you were under 18 years old, you cannot sue without a legal guardian representing you, so you can wait until you turn legal age before the statute of limitations counts down. You also may have been left incapacitated and unable to sue, so the statute won’t start until you return to health. Further, the defendant must be in California – if he has left the state, the deadline will count down when he returns.