Lawyer for a Slip and Fall at Kohl’s
On its corporate website, retail giant Kohl’s states that it has a “commitment to inspiring and empowering families to lead fulfilled lives.” While people in 49 states flock to the store for good discounts on national and exclusive brands, a Kohl’s customer will occasionally experience an injury in the store due to a slip and fall accident.
While slip and fall accidents are the most common type of premises liability claim, seeking compensation for the expenses and impacts of the injury is overwhelming for most people. If you were injured in a slip and fall at Kohl’s in Philadelphia, near Fort Lauderdale, or Atlantic City, an experienced slip and fall lawyer from The Levin Firm Personal Injury Lawyers can play a crucial role in helping you obtain the compensation you need.
About Kohl’s
Kohl’s is a department store chain first opened in Wisconsin in 1962. By the time the company went public 30 years later, it had 76 stores throughout the midwest. There are now more than 1,100 Kohl’s stores throughout the U.S., offering customers clothing, accessories, and housewares.
With all that growth, Kohl’s should have more than enough revenue to keep customers safe in its stores. Too often, Kohl’s would prefer to pay shareholders and company executives than maintain safe premises—and when that happens, you can pay the price.
That’s why you need the Levin Firm—to ensure that Kohl’s can’t slip away, leaving you with a pile of bills and painful injuries. We can hold the corporation accountable for you, forcing it to pay for your accident-related expenses.
Hazards That Can Lead to a Slip and Fall Accident at Kohl’s
Kohl’s and other retail stores often contain hazards that, if not mitigated, could cause a customer to slip (or trip) and fall. The National Floor Safety Institute (NFSI) noted that floors and flooring materials lead to more than two million fall injuries yearly. The issues with floors and flooring materials include worn or torn flooring materials, uneven floors, liquid or debris spilled on floors, and floors that have been freshly mopped or waxed.
In addition to flooring issues, other property hazards that can cause Kohl’s customers to slip and fall include:
- Merchandise or displays cluttering walkways.
- Electrical cords extended across walkways.
- Poor lighting in areas of the store, including around staircases.
- Potholes in the parking lot or damage to the pavement in the building’s entryway.
Common Injuries Sustained in Slip and Fall Accidents
According to the NSFI, around one million people in the U.S. will seek treatment in an emergency department for injuries sustained in slip and fall accidents.
While slip and fall accidents are often regarded as minor incidents or frivolous claims, the injuries sustained can include traumatic brain injuries or spinal cord injuries that can lead to permanent disabilities and impair the sufferer’s ability to earn an income.
Bone fractures are also among the most serious injuries suffered in slip and fall accidents, particularly hip fractures, which are a major cause of death and disability for the elderly. Other bones commonly fractured in a slip and fall include bones in the arms and wrists from the sufferer instinctively attempting to catch themselves when falling. Fractured kneecaps are also not uncommon in slip and fall accidents.
Another injury that frequently occurs due to a slip and fall accident is soft tissue damage, such as injuries to the muscles, tendons, or ligaments caused by the body wrenching or twisting during the fall. This motion can also cause damage to the spinal vertebrae or discs, resulting in chronic pain and instability in the back.
For minor or frivolous injuries, slip and fall accident injuries can alter the sufferer’s life and result in significant expenses. Consider that the average ER costs in Pennsylvania are more than $1,600; in Florida and New Jersey, they top $3,000.
The NFSI reports that nearly a quarter of all slip and fall accident victims miss at least 31 days from work due to their injury. It is easy to see how the financial impacts of being injured in a Kohl’s slip and fall accident can quickly add up.
Who Is Liable for a Kohl’s Slip and Fall?
When a person becomes injured due to a slip and fall accident at a Kohl’s department store, liability for the injury most likely falls on the company itself due to premises liability. Premises liability refers to property owners or managers’ responsibility to ensure that their property is free of hazards that could cause injuries to guests. The company hires employees tasked with regularly inspecting the premises in search of unmitigated hazards.
When they find hazards, they must promptly repair them. An employee may mop up liquid spilled on the floor or report damage to floor tiles that pose a tripping hazard to customers. If a property hazard cannot be promptly repaired, employees must place prominent warnings and barriers to alert guests and prevent them from encountering the hazard.
Businesses are vicariously liable for the actions taken by their employee, including injuries resulting from the employee’s failure to mitigate hazards. Victims should report issues to management or the building owner or warn customers. Most victims file premises liability claims against retail companies’ property liability insurance.
How to Obtain Compensation for Your Injuries
When someone is injured in a slip and fall accident at Kohl’s, they can seek compensation for their injury through a premises liability claim. This claim is generally filed first with the insurance provider who services the company’s liability insurance policy. If the insurance provider fails to pay the claim outright or enter an agreement with the claimant to settle the claim out of court for less than the claim’s established value, it can be filed as a personal injury lawsuit.
A slip and fall lawsuit can ask a judge or jury to hear the case and decide whether Kohl’s owes you compensation.
Hiring a Slip and Fall Accident Attorney
Many people who suffer injuries at major department stores such as Kohl’s believe that they can handle filing their own injury claims. Unfortunately, they soon meet the insurance company’s claims adjuster. The claims adjuster’s job is to evaluate the claim and determine whether the insured was liable for the accident and how much compensation they owe the claimant.
While this seems fair enough, be aware that the claims adjuster is looking for ways to cut costs for their employer, who is in the business of collecting premiums, not paying out on third-party accident claims.
Major companies tend to obtain their insurance policies through high-powered providers. These providers have their own legal counsel, and unless the claimant has had extensive education in the law, they’re often overpowered, intimidated, or even bullied by the claims adjuster into agreeing to a settlement far below the value of the claim.
An attorney brings experience to your side as you navigate the claims process. They can manage communication with the insurance company, establish a value for your claim that fairly compensates you for your injury’s financial and emotional costs, gather the evidence and documentation needed to prove your claim, and even represent your case in court.
If you haven’t spoken with an attorney about your Kohl’s slip and fall accident for fear you can afford an attorney, know that your attorney provides a free case evaluation to obtain answers to your legal questions without obligation. If you decide to hire an attorney to assist you with your claim, you pay nothing for their services until they have obtained compensation for your claim through a negotiated settlement or a court award.
Proving Liability
The ability to prove that someone else is liable for the injuries you incurred is a cornerstone to having a successful Kohl’s slip and fall claim.
We prove liability in a premises liability case by showing:
- Kohl’s had control of the property, either through ownership or lease.
- Kohl’s care and maintenance of the property were negligent.
- The victim suffered an injury.
- The injury was the result of Kohl’s negligence.
The Type of Compensation You Can Receive for Your Kohl’s Slip and Fall Claim
Individuals injured due to a slip and fall accident in a Kohl’s department store can seek compensation for the expenses they incurred due to their injury. These damages include all reasonable costs associated with the treatment of the injury, wage loss, and loss of future earning capacity if the injury permanently impacts their ability to earn an income.
Claimants can also seek compensation for the non-economic costs of their injury. These are costs to the sufferer’s quality of life and emotional well-being, such as physical pain and suffering, emotional distress, and loss of enjoyment of life.
Will Your Case Settle or Go to Court?
Most personal injury claims—including those involving premises liability matters such as slip and fall accidents—settle before they see their day in court. Litigation is expensive for all parties involved. Additionally, when a well-known company such as Kohl’s is sued for negligence, it generates bad publicity for the company.
However, it is important to have the option to take the claim to court if the insurance provider for Kohl’s fails to pay the claim. All states have a statutory deadline before which victims must file their personal injury claim.
For example, in Pennsylvania and New Jersey, claimants usually have two years from the date of the injury to file their claim in court. In comparison, claimants in Florida generally have four years.
The statute of limitations sets this extremely important date. Failing to file the lawsuit within the statute of limitations will almost always bar the claimant from using the court process to seek compensation for their claim.
Not having the court process can be disastrous, even though most claims are settled, not litigated. If the insurance provider knows that the statute of limitations has expired on your claim, it is very unlikely they will offer to settle the claim because they know you can’t file a lawsuit if they don’t.
What Happens After Your Kohl’s Slip and Fall Claim?
Your lawyer’s contingent fee billing method means you do not have to pay them until you receive compensation. Compensation is sent to your attorney after you have entered a settlement agreement or obtained a court decision in your favor. They will use some of the funds to settle any liens placed on the award by your healthcare providers or insurers and deduct the amount for their payment. You will sign documentation to finalize the case, and your attorney will turn over the remaining proceeds to you.
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