The Centers for Disease Control and Prevention (CDC) identifies slip and fall incidents as prevalent in retail settings, including Kohl’s stores nationwide. [1]
Like all retailers, Kohl’s is legally obligated to maintain a safe shopping environment. This responsibility includes ensuring that floors are kept dry and clean, aisles are free of obstructions, and any safety hazards are promptly addressed.
Navigating the legal complexities of slip and fall accidents at large retail chains like Kohl’s involves confronting substantial insurance companies and understanding the nuances of federal and state regulations.
Rosenfeld Injury Lawyers is well-versed in securing rightful compensation for fall accident victims, covering medical expenses, lost income, and other associated costs, and ensuring they receive the financial support necessary for a full recovery.
Why Hire Rosenfeld Injury Lawyers
When you contact Rosenfeld Injury Lawyers, we are dedicated to securing maximum compensation for your slip and fall injury case. Our expert legal team has a long history of obtaining large settlements and verdicts for these cases.
Fatal slip and fall in a hospital
Knee injury on a construction site
Pelvis fracture on ice at a church
Slip and fall down a flight of stairs
Broken arm at a large chain store
Broken arm and wrist at an office
We will carefully investigate the circumstances causing each incident so that all damages (medical expenses, lost wages, and pain and suffering) are fully compiled. Using our years of experience in slip and fall claims, we protect your rights so you can focus on your recovery. We take an aggressive approach to ensure you get the justice you deserve.
Understanding Kohl’s Slip and Fall Accidents
Kohl’s department store is a leading retailer with more than 1,100 stores in the United States. Kohl’s has been around since 1962 and offers everything from clothing to footwear, home goods, electronics, and more. Kohl’s realized sales of about USD 18.5 billion in 2023, signifying its dominance in the retail industry. [2]
Kohl’s is no stranger to retail store slip and fall accidents. An example is when a customer slipped at one of Kohl’s Stores in Colorado and was severely injured due to the wet floor. [3]
Causes of Slip and Fall Accidents
There are, of course, many factors that contribute to slip and fall accidents in retail environments. Common causes include:
- Wet or slippery floors
- Uneven surfaces
- Poor lighting
- Cluttered walkways
- Loose rugs or mats
Types of Injuries
These accidents can lead to different injuries ranging from minor to severe, such as:
- Broken bones, especially hips, wrists and ankles
- Concussions and traumatic brain injuries
- Overuse Injuries strain, sprain, and strains
- Spinal cord injuries, back and neck injuries
Slip and fall accidents can be fatal in the most unfortunate cases. Many injuries have long-term consequences and can manifest as chronic pain, disability, or the inability to perform daily functions. They are particularly dangerous for older people, as hip fractures decrease mobility and increase mortality rates.
Liability for a Slip and Fall Accident at a Kohl’s Store
Understanding liability is crucial in the slip and fall compensation recovery or claims process as it determines who is responsible for any damages and injuries incurred. Essentially, establishing liability involves proving that Kohl’s failed to ensure the safety of its customers, thereby causing the accident.
Slip and fall cases hinge on pinpointing fault based on the specific circumstances of each incident. If evidence shows that Kohl’s neglected its duty to maintain a safe shopping environment—such as ignoring wet floors, uneven surfaces, or poorly lit areas—the company may be liable under a premises liability claim.
Additionally, if third parties like maintenance companies or outside contractors contributed to creating hazardous conditions, they too might face premises liability.
These considerations are pivotal in securing just compensation for affected individuals and reinforcing safety standards within retail settings.
The Significance of Gathering Evidence
Gathering evidence is crucial when determining fault and proving your entitlement to compensation. Here are three types of evidence.
- Video recordings can capture crucial visual proof surrounding the incident.
- The record of the care and maintenance performed by store personnel, including cleaning schedules and repair logs (trash bins, roof repairs), should tell you whether proper diligence is given to safety protocols.
- Eyewitness testimony can further confirm the victim’s account and provide other views.
With this solid evidence, victims can build a strong case and improve their likelihood of receiving an appropriate settlement for damages resulting from their injuries.
Compensation Following a Kohl’s Slip and Fall Accident
Like many large retailers, Kohl’s carries substantial liability insurance for such accidents. Slip and falls are among the claims this insurance covers. Insurance coverage is a significant factor in the company’s settling, as insurers often offer to avoid prolonged and expensive court battles.
Though details of Kohl’s insurance are unknown, it is believed to be worth millions of dollars. This coverage guarantees that victims are compensated appropriately for their injuries and losses.
Comparative fault is a legal principle that redistributes blame among the parties in a personal injury case. For example, suppose the victim is somewhat at fault for their injuries (because they were not paying attention or wearing proper footwear). In that case, compensation will be reduced by a percentage of how much the victim was to blame.
Comparative negligence is vital to understand because it affects how much a victim can receive. A skilled slip and fall accident attorney can guide you through these complexities to help ensure you get the proper compensation for your case.
Victims of slip and fall accidents are entitled to different compensation for their losses, such as:
- Medical Expenses: These are for hospital visits, surgeries, medicines, and aftercare like physiotherapy.
- Lost Wages: It replaces lost income due to the inability to work during recovery.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by their accident
- Punitive Damages: For gross negligence cases, punitive damages are given to penalize the at-fault party and prevent such activities.
- Wrongful Death: In the event of a fatal slip and fall, family members might qualify to receive compensation for burial costs, grief support, or loss of consortium (loss of financial contribution).
Factors Affecting Compensation Amounts
The total compensation given in slip and fall cases depends on several aspects, such as:
- Severity of Injuries: More severe injuries usually lead to more expensive medical bills and higher compensation.
- Impact on Quality of Life: Compensation amounts can be higher if injuries result in long-term disabilities or significant reductions in quality of life.
- Degree of Negligence: The compensation awarded can vary depending on Kohl’s negligence, which may influence the likelihood of punitive damages being awarded or whatever terms are used locally to penalize the responsible party.
What to Do Following a Kohl’s Slip and Fall Accident
If you are the unfortunate victim of a slip and fall at Kohl’s, you can take some steps to protect your health and legal rights.
- Get Medical Attention and Report the Incident: When in doubt, take care of yourself first, seek medical attention immediately, and inform the store manager or an employee of your accident.
- Record the Scene and Take Witness Details: Take photos and videos from the scene of the accident. If someone witnessed it, obtain their contact information.
- Retain Medical Records and Don’t Provide a Detailed Account: Keep thorough notes detailing any medical attention received and expenditures incurred during medical treatment related to the accident. Furthermore, speak with an attorney before providing in-depth statements for store management or insurance company lawyers.
- Consult an Attorney: Reach out to Rosenfeld Injury Lawyers for a free case evaluation of your slip and fall accident.
The Role of a Kohl’s Slip and Fall Attorney
Rosenfeld Injury Lawyers will take the following steps to help you seek compensation for your slip and fall accident injuries.
- Initial Consultation: When clients meet with a slip and fall accident lawyer at our law office for the first time, we provide an empathetic, detailed assessment. We will review all the available details and evidence, such as medical records, incident reports, and anything from the fall accident scene. Based on the appropriate circumstances, we will choose how to proceed. The first meeting is intended to allow clients to ask questions, voice their concerns, and be advised how the process will unfold.
- Investigation and Evidence Gathering: Investigation is critical for the outcome of a case, and time and skill are paramount to securing success. At Rosenfeld Injury Lawyers, we might call upon safety inspectors, medical professionals, and accident reconstruction experts to conduct in-depth analyses and testify. We will secure and preserve critical evidence, such as surveillance tapes, statements from witnesses, and maintenance records, to ensure that all necessary information is on hand to help with the client’s case.
- Negotiation and Settlement: Rosenfeld Injury Lawyers will obtain Kohl’s insurance information and contact their insurance company (or other responsible parties) seeking a reasonable settlement. The negotiation consists of showing the evidence, describing the pain and inconvenience, and arguing for reasonable compensation. In reality, most slip and fall cases are settled out of court.
- Trial: Rosenfeld Injury Lawyers is ready to go to court if a settlement is not agreed upon. Slip and fall trials are complicated, but our attorneys have a long history of success presenting slip and fall cases involving many different issues before both juries and judges.
Statute of Limitations for Kohl’s Slip and Fall Injuries
A statute of limitations is a time limit law enforces for filing a lawsuit. This duration tells accident victims how long they must file a lawsuit regarding slip and fall injuries at Kohl’s locations. The statute of limitations varies from state to state but is generally between one and three years.
Failing to meet this deadline would mean losing all rights to compensation, which means hiring a seasoned slip and fall attorney is of utmost importance to file your claim on time and recover.
Contact a Kohl’s Slip and Fall Accident Lawyer Today!
If you or a family member has been the victim of a slip and fall accident at a Kohl’s store, get in touch with Rosenfeld Injury Lawyers to discuss the specifics of your case and receive knowledgeable counsel from an adept personal injury lawyer on every facet of legal procedure. Our experience with slip and fall cases allows us to advocate for your best interests and fight for a fair settlement.
Call us at (888) 424-5757 or complete our online form.