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Cumberland Farms Convenience Stores and Gas stations

If you’re traveling along the eastern seaboard of the United States and you need to stop for refreshments or gas, the chances are you’ll be stopping at Cumberland Farms. With almost 600 outlets dotted across eight eastern states, Cumberland Farms is literally everywhere.

Stopping at convenience stores or gas stations is usually just a quick hiatus to grab a bite or fill your tank. Every once in a while, though, it turns into a nasty experience. Gas station forecourts and convenience stores are high accident zones at the best of times.

Spills on the forecourt or at the self-service coffee station are common. Add to this the equipment and hoses that lie around from time to time and paving or tiles that are uneven. Not to mention the snow and ice that pile up at times in northern climates. It’s no wonder that slip and fall accidents happen so frequently.

While, more often than not, a slip and fall accident results in nothing much more than a bruised ego, it can sometimes have life-changing consequences. Sometimes a fall may result in a minor scuff or soiled garment. Or you may end up with lacerations, broken bones, or nervous system damage. In rare cases, such damage may be permanent. They may even require major adaptive lifestyle changes such as being confined to a wheelchair

You may be eligible for compensation

Whatever the cause, whatever the outcome, you might be entitled to compensation. In US law, according to Wikipedia, the duty of care is “a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others”.

The compensation that you may be able to claim would, firstly, be reimbursement of expenses incurred as a result of the accident. Such expenses would include:

  • The cost of medical care and recuperative therapy
  • Loss of earnings while occupationally incapacitated
  • Restoration of damage to property and personal effects
  • The cost of hiring help while incapacitated
  • In rare cases, losses of future income arising from a reduced capacity to perform your job

This compensation is meant to restore you to the financial position you were in before the accident.

The other form of compensation is punitive damages. This is intended to serve as punishment to the liable party for creating the circumstances that led to the accident. It also aims to atone to the claimant for pain, discomfort, inconvenience, and embarrassment suffered as a consequence of the accident and injury.

Punitive damages are associated with intangible outcomes and are, therefore, not easily awarded by the court. Nevertheless, they are awarded from time to time and it would always be worth assessing the chances of a successful claim. Especially since this compensation can sometimes run to quite significant numbers; as much as $250,000.

Most slip and fall accidents probably occur through an individual’s own carelessness. However, if you feel that the accident was not your fault, the first step would be to establish whether the property owner was negligent in any way.

To be eligible for compensation, you would need to satisfy the court that the property owner was liable for the accident. You also need to prove that there was no fault on your part.

The property owner will be deemed liable for an accident if it can be proven that:

  • He was aware of a hazard, and
  • Did not take any steps to mitigate the hazard, or
  • Did not post any signage to inform the public of the hazard.

How to claim

If you’re the victim of a slip and fall accident and you believe you’re not at fault, there are a few things you need to do and keep in mind.

  • Consult a personal injury attorney. Do not attempt to file a claim on your own. Going up against big corporations is a fool’s errand. They will invariably have a legal team that will make every effort to deflect the blame. Unless you have a proverbial “open and shut” case, you’re unlikely to be successful.
  • File the claim as soon as you’re fit to do so. Most states have a statute of limitations on such claims. Apart from that, you may also be relying on evidence provided by witnesses and memories fade over time.
  • Gather as much evidence as you can at the time of the incident. Such evidence should include, wherever possible:
    • A police report filed immediately following the incident. Often, police reports have to be filed within 24 hours.
    • A picture is worth a thousand words. And nothing can prove a point better than a photograph.
    • Eyewitness reports. Corroboration of your claims by an independent eyewitness will radically improve your chances of success.
    • All bills and receipts to support your compensation claim.
    • Where relevant, a statement from your employer confirming your absence due to injury and the loss of wages in accordance with company policies. If you’re self-employed, such a claim would be a little more difficult to quantify and prove but, nevertheless, equally valid.
    • Physical evidence such as damaged clothing or personal effects in your possession at the time of the fall.
    • Camera surveillance footage covering the incident. The property owner would be obliged to make such footage available if it exists.

Call the professionals

To sum up, if you have a slip and fall accident, you are strongly advised to call on professional help and to consult an experienced slip and fall attorney. An attorney who has succeeded in claims for victims of accidents at gas stations and convenience stores will know what to do and will have a far greater chance of success. Don’t risk losing out on what you’re legally entitled to. They will know what evidence is required. They will ask the right questions. They will speak to all the right people.

Very often, they are familiar with the court, the judges, and the record of verdicts. They’re much better equipped to anticipate questions and challenges. And much better equipped to win your case.

And, what’s more, you do not have to risk anything. They receive their fees from whatever compensation they win. If they lose, you pay nothing.

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Fort Lauderdale

1608 East Commercial Blvd.
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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