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Slip and Fall at Kohl’s - What Next?

Kohl s Department Store ExteriorWhen we visit a store, especially such a well-known name like Kohl’s, the last thing we expect is to walk away with an injury. We expect to walk in, get the items we need, and then continue our day as normal. Unfortunately, accidents do occur, and you can also experience serious injuries as a result. This leaves a number of questions;

  • Who is to blame for the injuries?
  • What happens when you’ve got medical bills and are unable to work?
  • Do you need a personal injury lawyer?
  • Is it even possible to take on a large department store like Kohl’s?

Don’t worry, these are all questions that we’re going to address in this guide today. By the end, you should know what you need to do whether you experienced the injury yourself or you’re helping a loved one. Before anything, let’s learn a little more about Kohl’s itself.

Kohl’s - Company Profile

Now available across 49 states and with over 1,100 stores, Kohl’s is a name that has come a long way since their very first supermarket in 1946 Milwaukee. Over the years, the products have changed, and they’ve become a specialty store where we can all buy;

  • Footwear (men and women)
  • Apparel
  • Accessories
  • Houseware
  • Toys
  • Electronics
  • Furniture

With 70 years of experience behind them, this has enabled them to become a household name and one of the largest chain retail stores in North America. Thanks to the brand, over 100,000 Americans are in employment. Despite the many changes over the years, their headquarters and the key location remains in Milwaukee.

Potential Accidents at Kohl's

Whenever we enter a Kohl’s store, we put our health and safety in the hands of those in charge (and this is an idea we will explore more later). We don’t expect to have to think about hazards and potential injuries…but we do. Here are some risks that can be found in stores across the country;

  • Parking Lots - Before even entering the store, we may have to contend with a dangerous parking lot or sidewalk. Visitors may trip over damaged concrete, broken hand rails, potholes, and cracks. What’s more, sidewalks can become uneven and trip unaware customers.
  • Entrance/Exit - Again, we aren’t inside the store yet, but we could trip over an upturned mat. Elsewhere, staff may fail to deal with rain and snow getting brought into the entrance area. With no ‘wet floor’ sign and no warning of a potential hazard, this has the potential to be very dangerous.
  • The Store - In the store itself, we could encounter fallen shelves, fallen products, exposed wires or extension leads, and broken displays.
  • Restrooms - Finally, we can’t ignore the potential hazards in the restroom. With spills and leaks, we can slip and fall. Alternatively, it might be toilet paper strewn about the floor.

In truth, dangers and hazards can occur in many different ways. If the staff aren’t alert and accidents aren’t reported, all it takes is one unsuspecting victim to come across the hazard and they can take a nasty fall.

Slip and Fall Personal Injury at Kohl's

What kind of injuries are common in Kohl’s? With slip and fall incidents, some injuries are common including;

  • Back and neck
  • Head and trauma to the brain
  • Bruises and bumps
  • Cuts and scrapes
  • Shoulder
  • Hip
  • Spinal cord

While some falls will lead to a slight scratch and no lasting damage, others have the potential to cause heavy medical bills and a significant period of time away from work. When the latter occurs, there’s a risk of real financial ruin for families. With this in mind, we highly recommend getting in touch with a personal injury lawyer such as those at The Injury Firm.

The Importance of Liability

Often, we speak to people who have been injured in a Kohl’s or another store and automatically assumed that they were entitled to compensation; this isn’t the case. It is possible that you’ll either receive a settlement from the insurance company or an award from a court, but only if the company was to blame for your injury and this can be proven.

With any slip and fall personal injury, you (with our help!) need to show that the store had a responsibility for your safety and that they failed in their duty. Sometimes, this is subjective and a reason why chasing compensation alone is so difficult. For example, slipping over a spillage that occurred moments before would be tricky; it would be unfair to assume the staff should have spotted the issue and cleared it within ten seconds. However, getting compensation for a spillage that had been present for an hour is a different matter.

Duty of Care - With Kohl’s and every other business expecting to welcome a certain number of visitors on a given day, they have a duty of care. Not only should all hazards be assessed and dealt with before opening, but the staff should also regularly check for hazards and keep the store tidy. With any slip and fall case, your personal injury lawyer will work hard to prove that they failed in this duty.

For example, a staff member may have noticed a leak and failed to inform their superior or put a ‘wet floor’ sign down. If they did take the appropriate steps, or you fell because of your own negligence, compensation may not be possible.

Getting Compensation - Once this initial test is passed, whether or not compensation is recoverable comes down to the extent of your injuries and whether we can prove that your injuries were a direct result of the company’s negligence. If all of these steps are shown and we have sufficient evidence, Kohl’s may payout without having to file a case against them. If they fail and we feel as though the case is strong enough, we’ll take it before a judge, and they should side with us.

Dealing with Company Lawyers and Insurance Adjusters - There are many reasons why we recommend getting in touch with a personal injury lawyer, but one of the biggest is the fact that Kohl’s have an expert team of lawyers and adjusters who will try to wriggle free from the blame. They will scrutinize the events, try to trip you up with statements, and say that you ignored the warning signs or were acting carelessly.

When you work alongside a professional who is accustomed to these processes and how Kohl’s act in these situations, you can avoid the common mistakes and increase the chance of receiving the compensation you deserve.

Following the Right Steps

Regularly, we’re asked what you should do after a slip and fall personal injury. By taking the right actions, you can start off a claim or lawsuit on the right footing. With this in mind, it starts by informing the store manager of the incident. This way, they can draw up an accident report and the whole event will be in writing and official. If you don’t inform a manager, they won’t be able to offer treatment and it might harm your case in the long-term; without reporting it, Kohl’s will suggest that the injuries weren’t too serious.

After requesting a copy of the report, see if you can take a picture of the scene with your mobile (or if anybody nearby can help!). Especially when you fall over a hazard that will be cleared up imminently, it’s important to get photographic evidence. Alongside this, we recommend talking to eyewitnesses to see whether they would be willing to share their contact information (or even give a statement on the spot!). If you aren’t in a position to do any of this due to your injuries, ask whoever you’re with or an eyewitness to help.

Of course, your health should always take priority and we advise you to keep all paperwork since this will be important when working out how much you’re owed. Whether yourself or a loved one, this is the time to contact a personal injury lawyer. While you recover, The Injury Firm will take the evidence, compile even more, and strengthen the case against Kohl’s. The stronger the case, the more likely the company is to offer a settlement; if they still reject, the more likely you are to get a judge on your side.

Challenge Kohl’s Today

Don’t fall into the trap of thinking that Kohl’s is ‘too big’ or ‘too powerful’; in the past, plenty of people have taken on large brands and walked away with compensation. As long as the company is to blame and you’ve suffered an injury, it doesn’t matter the size.

For example, one woman fell over display items on the floor and won $200,000 after requiring two surgeries. Elsewhere, somebody who tripped over an unattended cart required physical therapy and won $5,000.

After contacting The Injury Firm, we’ll assess your case to see whether we can recover medical bills, lost income, pain and suffering, and an amount that you deserve as you continue on the road to recovery!

The Injury Firm
2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

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Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

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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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