Gelson’s Slip and Fall Lawsuit – Injury Lawyer
Gelson’s supermarkets should be safe places for anyone who walks in, but unfortunately, they are just as dangerous as other locations. Employees may not adequately clean up spills, or managers may not make sure some hazards are fixed. Customers generally do not go to the market with the expectation that they should constantly be on the lookout for hazards and dangers. If you were hurt in a Gelson’s supermarket because of a slip and fall or other type of incident, contact Normandie Law Firm today.
Causes of Slip and Falls in Gelson’s
Supermarkets can be dangerous if employees and property owners are not diligent about keeping the area safe. Some of the causes of slip and fall or trip and fall accidents include:
- Wet floors with no signs
- Wet floors from leaky refrigerators and coolers
- Discarded merchandise in the aisles
- Potholes and cracks in the parking lot
- Steps that are unmarked
- Broken handrails near staircases
- Spilled beverages or food
- Discarded carts and shopping baskets
You could be seriously hurt from a slip and fall accident. We have seen victims sustain neck and spinal cord damages, brain injuries, broken bones, sprains, nerve damage, torn muscles and ligaments, and more. At-risk individuals have also suffered paralysis, and some elderly individuals have passed away from complications after the accident.
Key Details about Premises Liability
A Gelson’s injury accident lawsuit if you can show that you were rightfully on the property and you were injured because of the property manager’s negligence. Premises liability claims have two important details that you need to discern.
The first is your status as a visitor. Invitees are customers and are generally given the highest duty of care; you were an invitee at the supermarket. Licensees are social guests, and trespassers are individuals who should not legally be on the property. Once you have determined that you were an invitee, you can show negligent action.
Negligent action by the property manager can be shown in one of three ways. They are as follows:
- The property owner caused the hazard or problem at the supermarket
- The property owner knew about the hazard but did not try to fix it or provide any warnings to customers
- The property owner was unaware of the hazard but reasonably should have been
Only one of these points must be shown as true if you wish to proceed with a claim against Gelson’s.
Slip and fall Accident
Steps to Take to Sue Gelson’s
If you wish to sue Gelson’s, you will need to follow this procedure. It will adequately prepare you, help you understand how to file a claim, and will leave no stone unturned in the acquisition of evidence.
First, you should go to the doctor for medical treatment. It is important that you do not hesitate or delay this trip, as your injuries may actually worsen without treatment. The insurance agent handling the case will also look negatively on the claim if there is a large gap between the incident and the treatment. You would have a hard time convincing him that you were seriously hurt if you could avoid going to the doctor for a long period of time.
You should keep medical receipts and any doctor’s statements or notes, as well as test results and prescriptions from your treatment. Be sure to ask for an itemized billing of treatments so you can cross reference it with insurance coverage, too.
You will need to take pictures of the damages you suffered, as well as pictures of the scene of the accident. If you can acquire security footage from the store, it will also benefit your case, but it will be difficult to get this. Gelson’s will not want to outright provide you with potentially incriminating evidence.
If there were eyewitnesses who saw the incident occur, you can ask them to provide you with their testimonies. They can attest to the hazard or the degree of damage you suffered.
You should speak with a manager and acquire both Gelson’s insurance information and Gelson’s contact information so you can file an incident report and pursue coverage from their insurance carrier.
Lastly, if you have never filed a lawsuit before, it will benefit you to hire a Gelson’s slip and fall lawyer for your case. You might not have legal experience, knowledge of premises liability laws, the time to litigate a case, and more. You can focus on recovering while we work on the case.
Compensation from a Gelson’s Slip and Fall Lawsuit
The average settlement for injury in Gelson’s supermarkets can vary from case to case. There is no concrete average settlement for accident in Gelson’s markets, since some individuals may be hurt worse than others, and there may be various circumstances that differ. The value of an injury claim from a supermarket accident will be determined by the insurance agent handling your case. He will look at how serious your injuries were, the impact they had on your life and career, the responsibility or liability you had in the incident, and more. Many Gelson’s accident claims end up worth more than $25,000, but our goal is to ensure you are maximally covered for your losses. We will pursue the following damages:
- Medical bills and expenses from the past and future for any treatments, surgery, medication, physical therapy, and more
- Lost income from the time you could not work, whether in the past or future, due to injuries, recovery time, medical procedures, and more
- Property damage for personal items that needed to be replaced or repaired due to being lost or broken in the incident
- Pain and suffering damages to account for emotional trauma, PTSD, fear, anxiety, mental stress, and more
It is also possible to acquire wrongful death damages if a loved one or family member passed away in the incident. You could receive funeral and burial fees, pre-death medical bills and pain and suffering, loss of consortium, loss of inheritance and savings, and more.
You shouldn’t be expected to cover these numerous debts and expenses if Gelson’s were responsible for the incident. We will do everything in our power to secure you a fair settlement from the supermarket to pay for your damages.
Time Limit to Sue Gelson’s
California has a statute of limitations of 2 years from the date of the injury to file a lawsuit against the responsible party. If you do not take legal action in that time period, your claim will be voided and you will not be able to collect any compensation at all. It is generally recommended that you act quickly so that your evidence is still preserved and has a lesser chance of getting lost or corrupted.
There are some exceptions to the statute of limitations, though. The first concerns the age of the victim – if you were under 18 years old, you can wait until you turn legal age to adhere to the statute of limitations, since minors cannot legally sue. Victims also could have been left in an incapacitated state, whether mentally or physically, and could wait until they return to awareness before they sue. The defendant must also be present in California, and if he has vacated the state, the time limit will not count down until he returns.
One of the main reasons that individuals fail to receive compensation is ignorance of the statute of limitations. They may not know a deadline exists or they may wait too long to file a claim. You should speak with a lawyer to determine the exact amount of time remaining on your claim. We can file your documents on time and ensure that you have no chance of missing any deadlines.
Our Lawyers Speak Spanish
We believe that everyone should be entitled to compensation if they were injured in any kind of incident on private property, and the language they speak should not be a deterrent or a roadblock to getting their rightful payment. If you do not speak English, you do not have to worry about potentially missing out on compensation. Our Spanish speaking lawyers are bilingual and will make sure that you are fully informed about the contents of the case, will answer all of your questions about the legal process, and will translate all documents for you so you have a perfect record of the details of the claim.
Why Choose Our Firm
Normandie Law Firm has been at the forefront of slip and fall lawsuits for years. Our expert attorneys are aggressive and never give up on claims or clients. We know how to efficiently handle your case and will do everything in our power to secure you a fair settlement.
Call us for a free legal consultation. Our attorneys are available 24/7 and will answer all of your questions, discuss your case, tell you what we think the value of your case is, and more. We will also give you our zero fee guarantee if you hire us. This means we won’t get paid unless and until we win, and if we lose, we get paid nothing.
To sue Gelson’s for injuries from a slip and fall accident, get in touch with Normandie Law Firm today.