Produce Aisles Can Produce A Lawsuit
Straub's Markets Potential Slip and Fall Injuries
If you have been injured in a slip and fall or trip and fall accident contact Alvin Wolff, Jr. & Associates at 314-584-4109.
Straub’s Markets is a St. Louis County specialty retailer that sells over 35 tons of its “World Famous Chicken Salad” every year. Since its founding in 1901, Straub’s has expanded to four stores in the Greater St. Louis area. As with any similarly situated food retailer, Straub’s maintains certain equipment that presents a risk of devastating slip and fall accidents. If you were injured at Straub’s, a Straub slip and fall lawyer might be able to can help you obtain the compensation you deserve.
Although equipment such as such as produce freezers and floral refrigerators are necessary for doing business as a food retailer, Straub’s decision to open its business to the public carries with it the responsibility to protect the safety of the thousands of customers who walk through its doors every year. This means that if you are injured in a slip and fall accident while shopping in Straub’s, you may file a personal injury lawsuit against not only the employee whose negligence caused the accident, but also against Straub’s itself – as an employer, Straub’s is legally liable for the negligent acts of its employees.
To win a personal injury judgment against Straub’s (or any retailer) in a slip and fall accident, you must prove that
Straub’s owed you a duty of care;
Straub’s or its employee breached its duty of care by acting or failing to act in a negligent or otherwise culpable manner;
your slip and fall accident was actually caused by Straub’s culpable conduct; and
you suffered damages as a result.
By advertising itself to the public, Straub’s invited you to come and shop there. As an invitee, Straub’s owes you the highest duty of care, much higher than it would owe an uninvited door-to-door salesperson. Water, ice or produce in the floor can result in a dangerous condition that Straub’s is required to promptly correct by mopping the floor and placing a warning sign in the area until the floor is dry. Any unnecessary delay in performing these duties can amount to breach of its duty of care to you.
If you file a lawsuit, Straub will undoubtedly mount a defense. It might claim, for example, that its safety precautions were adequate notwithstanding the fact that you were injured. Alternatively, it might claim that the accident was partially or completely your fault due to your absent-mindedness or intoxication. Either of these defenses amounts to a claim that Straub’s conduct did not cause your accident.
Normally, if you win a personal injury lawsuit you are entitled to compensatory damages – the amount necessary to fully compensate you for losses such as medical expenses and pain and suffering. If Straub’s conduct was sufficiently outrageous, however, you might be entitled to punitive damages in addition to compensatory damages. Missouri imposes no upper limit on the amount of punitive damages that you may be awarded.
Keep in mind that the Missouri statute of limitations for personal injury is five years, longer than in many other states. Nevertheless, if you fail to file a lawsuit within this period you will lose your claim forever.
If you have been injured in a slip and fall accident at Straub’s or another food retailer, you need expert representation to prevent you from losing your lawsuit or settling for a small sum. A savvy and experienced St. Louis premises liability lawyer such as Alvin Wolff, Jr. can exploit every nuance of personal injury law and every weakness in your opponent’s case until you receive the justice that you deserve. Call 314-584-4109 today for a free consultation to discuss your options.
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