Maison Law represents victims that have been injured in any California big box store. Whether the accident happens because of a slippery floor or inadequate security, we’ll be there to help you through the legal process. If you’ve been hurt at a Ross or any other store, contact us today for a free consultation.
Does Ross Have the Responsibility to Keep You Safe?
Like any other store, Ross has an overriding responsibility to its customers’ safety and security while they’re on the property–whether that be in the store itself or in the parking lot. In order to do this, they have to uphold a duty of care towards those who shop at their store. This is done through:
- Keeping the store and property in an acceptably safe condition
- Promptly addressing any known hazards.
- Taking reasonable measures to identify and rectify hazardous conditions at the store
- Warning customers of potentially dangerous conditions or situations
If Ross fails to do any of the above, and an injury happens to you or some other customer, they will generally be considered “liable” for the resulting injury and its damages. In legal terms, this falls under “premises liability.”
However, there’s a number of other potentially liable parties in these situations, including:
- Property owners/managers
- Ross employees
- Security personnel
- Third party contractors
- Other shoppers
Do You Need a Lawyer?
Whenever you’re hurt in an accident at a Ross store, you’re going to need help. In terms of legal help, you don’t technically need a lawyer to represent you in the claim. WIth that said, doing so–and working with our team–makes the overall process much easier on you. Here’s how we approach these cases and can help you:
- Collect important evidence – Our team helps you gather necessary proof like medical records and accident reports to build a strong case.
- Negotiate with Ross – We can help you file an insurance claim with Ross, then manage all communications with Ross’ insurance company to try to reach a fair agreement and get you the financial support you need.
- File a lawsuit – If a fair settlement isn’t possible, we’ll help you prepare and submit a formal Complaint against Ross in civil court. This officially kicks off the legal process.
- Represent you in court – If you decide to go forward with the lawsuit, we’ll stand up for your rights and present evidence to support your claim.
- Go to trial, if necessary – If the insurance company or responsible party doesn’t agree to a fair settlement, we are ready to take your case to trial. If it goes to trial, we’ll present your case to the judge and jury, who will then issue a verdict.
This is a general overview of the legal process, so how your particular claim progresses depends on the circumstances of your incident at Ross. Another huge factor is how you respond in the aftermath of the accident itself.
What Should You Do After an Accident at Ross?
More so than perhaps any other type of case, how your injury claim after an accident at a Ross plays out is going to depend on the actions you take in the immediate aftermath. This is because of the concept of “foreseeability.”
Foreseeability, in a legal context, has two elements when there’s an accident or other incident that hurts you or someone else:
- Weighing the likelihood of harm against the burden of taking precautions. If the potential harm is high and the precautions are reasonable, foreseeability is more likely to be established.
In simpler terms, if Ross and its management could have reasonably seen and taken care of a hazard, and they didn’t, your claim is going to be stronger. However, this also depends on what you do during and immediately after the incident:
- Get medical attention – Prioritize your health and seek medical attention, even if you don’t perceive any immediate injuries. Hidden issues like internal injuries or a concussion may exist.
- Inform Ross about the accident – Despite the uncertainty and stress of the accident, inform a Ross employee, the store manager, or supervisor promptly. Request that they create an incident report, detailing where and when it occurred, and the contributing factors. Having an official record is crucial.
- Get information from witnesses – If there were any witnesses to the accident, get their names and contact information. Their statements might be valuable if legal action is pursued in the future.
- Document the accident scene – Use your phone to take pictures or videos where the trampling happened. Show any dangerous things or reasons that caused the incident, and mention the date and time.
- Keep and preserve potential evidence – Keep any torn or damaged clothes and personal items from the incident. This can show how severe your injuries are and what happened during the event.
- Record your injuries and damages – Take pictures of any visible injuries and keep a detailed record of your medical treatment, including bills and receipts.
Taking these steps will not only bolster your claim, but it will also give you a leg up when it comes to your physical recovery. Still, the actual legal process is going to be built around your damages, which depends on the extent of your injuries and other circumstances around the accident itself.
What Damages are Available After an Accident at Ross?
Filing a claim after an accident at Ross has many benefits, but probably the most practical is the financial support and other things you can recover. In legal terms, these are known as “damages.” These damages relate to the physical, emotional, and financial impact that the accident has had on you and your life.
In a typical accident claim, you can potentially recover the following damages:
- Medical expenses and treatment -This covers the costs of medical care and ongoing treatment, like rehabilitation, that result from the accident.
- Pain and suffering – You can also receive support for the physical pain and emotional distress caused by the accident.
- Emotional distress damages – These damages address the emotional impact of the incident, relating to the mental anguish and stress it may have caused.
- Lost income – If the accident leads to lost income due to being unable to work, you get financial considerations for those financial losses.
- Property damage – If your belongings or property are damaged during the accident, this covers the costs of repairing or replacing them.
- Loss of enjoyment of life and companionship – These damages cover the impact the accident has on your ability to enjoy life as you once did, as well as the impact on your personal relationships.
In cases of severe negligence by Ross store management, punitive damages may be awarded to deter such behavior and punish the responsible party. However, these are rare and highly dependent on the situation.
One other crucial aspect of this claim–and any other injury claim–is the statute of limitations. This is just the deadline by which you need to file your claim. In California currently, you have two years from the date of the accident to file your claim. If you miss this, you won’t be able to recover these damages.
Legal Support For Ross Injury Victims in California
At Maison Law, our experienced and dedicated team of lawyers understands how difficult it can be to get hurt when you’re shopping at a Ross store. Whether you have mounting medical expenses or have damaged property, we’ll be there to help you through the legal process. Don’t wait–contact us today for a free consultation.
