Department stores are legally required to keep their premises safe for customers. They should attend to hazards like wet floors, trip risks, and walkway blockages as soon as possible. However, occasional accidents occur due to negligence or unsafe conditions.
Marshalls is a popular off-price chain of retail stores serving thousands of customers daily, elevating the chance of accidents. The potential result of a slip-and-fall accident can be anything from broken bones to traumatic brain injuries. Furthermore, determining the liable parties in these cases can be tricky.
At Rosenfeld Injury Lawyers, we have significant experience litigating slip-and-fall cases, dealing with high-powered insurance agents, and navigating federal regulations. Our services are available nationwide, providing access to legal assistance from anywhere in the United States.
Why Hire Rosenfeld Injury Lawyers
At Rosenfeld Injury Lawyers, we dedicate ourselves to securing the maximum award for individuals injured due to falls. Our experienced legal staff has a history of large settlements and securing full and fair compensation.
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Our case-by-case approach ensures you get the maximum compensation for all medical bills, lost wages, pain, and suffering. With our expertise and proven track record, we protect your rights and make your financial recovery our top priority.
Understanding Marshalls Slip-and-Fall Accidents
Marshalls is one of the country’s most popular shopping places, well-known for its fashion apparel, accessories, and home goods. Nevertheless, there have been several slip-and-fall accidents in its stores.
The Centers for Disease Control and Prevention (CDC) reports that hospital emergency departments encounter roughly 3 million fall cases yearly. They further found that one in every five falls results in a severe injury such as a broken ankle or head trauma. [1]
These causes of injuries are also common in retail environments, and Marshalls is no exception.
Accidents often occur due to:
- wet or slippery floors
- uneven surfaces
- poor lighting
- cluttered walkways
- loose floor mats or carpeting
Some of the most commonly reported slip-and-fall accident injuries include:
- broken bones, especially in the hip, wrist, or ankle
- sprains and strains
- concussion and traumatic brain injuries (TBIs)
- back and spinal cord injuries
- cuts and abrasions
These types of injuries often have long-term repercussions, leading to limited movement or even possible handicaps.
Liability for Marshalls Slip-and-Fall Accidents
As with any personal injury lawsuit, the degree of liability of each party plays an important role in the overall compensation. It’s important to understand how to collect evidence and establish liability to give you the best chance of financial recovery.
Establishing Liability and Determining Fault
Proving liability is key to recovering compensation for suffered injuries. Who is liable determines the amount awarded for an injury claim.
Slip-and-fall accidents at Marshalls must be attributable to some degree of fault, which can be determined by examining the circumstances surrounding an incident.
They would be fully liable if a Marshalls store neglected to clean up spills, display proper signage, or fix hazards.
However, a third-party, such as a maintenance contractor, may also be to blame for inactions that contributed to dangerous conditions. In such cases, Marshalls will share liability with the contractor.
The Importance of Evidence
You must gather the following evidence to strengthen and support a claim for your slip-and-fall case:
- records of the incident
- testimonies from witnesses
- Marshall’s maintenance records may prove the store failed to upkeep the property or perform routine inspections
Compensation Following a Marshalls Slip-and-Fall Accident
You may receive compensation if you’re the victim of a slip-or-fall at a Marshalls store. Let’s break down the different types and their influencing factors.
Types of Compensation and Influencing Factors in Slip-and-Fall Cases
The compensation you receive from Marshalls will vary according to the following main types:
- pain and suffering
- punitive damages
- medical expenses
- lost wages
- wrongful death
Several factors may determine the compensation amount:
- The more serious your injury, the greater the payment for the injured party due to longer recovery times and higher medical costs.
- Severe injuries that can result in lifelong or partial disability alter the victim’s professional career and lifestyle activities and generally lead to higher or full compensation.
Marshalls Insurance Coverage and Comparative Negligence
The business’s insurance policies can also sway settlements. In this case, Marshalls is only one division of TJX Companies and has plenty of liability to cover any accidents on its premises.
The insurance provides compensatory redress for victims, yet it also insulates Marshalls from certain legal and financial exposures that could complicate settlements.
Comparative negligence is an additional important factor. This legal rule assigns blame to the parties implicated in the accident and determines the compensation amount each party must pay the victim.
What to Do Following a Marshalls Slip-and-Fall Accident
If you get hurt in a slip-and-fall accident at a Marshalls store, take the following steps to ensure your health and protect your legal rights:
- Seek medical care immediately, even if you don’t think your injuries are serious.
- Notify a store manager or employee of the incident immediately.
- Gather evidence, such as pictures of the fall scene and tripping hazard, and get statements from bystanders who witnessed the accident.
- Don’t give a statement to any store employee or insurance adjuster unless you’ve spoken to an attorney.
- Contact a qualified slip-and-fall attorney who has experience working with powerful legal teams.
The Role of a Marshalls Slip-and-Fall Lawyer
Here’s how your slip-and-fall accident injury lawyer from Rosenfeld Injury Lawyers will move forward with your case:
Initial Consultation
When you meet with a lawyer for your first free consultation, we will review your case in detail and ensure that all the necessary documentation is in place to support your case.
Investigation and Evidence Collection
This step includes careful inspection of the accident scene, the hiring of industry experts to assess it, and the gathering of evidence.
Negotiation and Settlement
Most fall accident cases get settled. Your Marshalls accident lawyer will negotiate with the insurance company and other third parties involved to ensure fair compensation.
Trial
If a settlement is not reached, the matter may go to trial. Our lawyers can defend your rights in court, building a convincing case on any collected evidence and expert testimonies.
Statute of Limitations for Marshalls Slip-and-Fall Injuries
Injury victims only have so long to file their lawsuit after being injured from slip-and-fall accidents. State laws differ, but they typically last one to four years from the date of the crash and require court permission.
Hiring a slip-and-fall lawyer for a complex and state-law-driven case is of utmost importance. An attorney knows how to avoid potential legal pitfalls, actively represents your case, and can help increase the probability of receiving payment with legalities.
Contact a Marshalls Slip-and-Fall Accident Lawyer Today!
If you or a family member were injured in some slip-and-fall incident at a Marshalls store, contact the experienced attorneys at Rosenfeld Injury Lawyers. We will help you protect your rights and secure the compensation you rightfully deserve on a contingency fee basis. Your road to securing justice begins with us.
Call our law firm at (888) 424-5757 or fill out our online form.
Resources: [1] CDC