So, you've fallen and injured yourself at a convenience store or gas station like Speedway. Now what do you do?
See "The 10 Steps You Need to Take to Win Your Case" above.
But, the most important of these steps is calling the right attorney.
Shaw Law Offices and Attorney Jeff Shaw has handled slip and falls against Speedway convenience stores and gas stations in Indiana.
Before you can recover anything for your injuries, you must still prove that the business was "at fault." Figuring out whether the property owner is at fault for your slip and fall is done on a case-by-case basis by a court or jury. In most instances for customers on a business property, you must prove the landowner did not act reasonably by breaching its duty to you of being "careful" like a normal business or person would be after inviting you on its property to shop or browse.
For gas stations and convenience stores, there are 3 typical instances how and where customers slip and fall:
- Just inside the entryway on slippery mats or just off the mats where water can be tracked inside
- On the sidewalk or parking lot where snow and ice can accumulate
- Near the places where liquids are handled by customers -- coffee stations and soda fountains
Like most convenience stores, Speedway probably has its most number of slip and falls just inside the doors, where people travel the most and drag in water and snow during snowy and icy conditions.
Some stores handle this issue correctly with weather-resistant mats and others do not.
These cases involve both slip and falls in the parking lots outside the store when snow and ice removal or maintenance was not done correctly and inside the store on spills. Sometimes, boxes or shelves collapse upon unsuspecting customers.
Speedway gas stations and convenience stores have guidelines and training it gives employees to prevent such matters from occurring.
Other times, the slip and falls come in the parking lot or sidewalks where snow and ice accumulate.
Oftentimes, Speedway convenience stores and gas stations have contracts with local snow plow companies to salt and plow snow and remove ice from the parking lots. A careful examination of these contracts is necessary to know whether the provisions were followed correctly.
Attorney Jeff Shaw has read literally dozens of these contracts and contacted several expert witnesses throughout the nation to discuss duties and obligations both in the contract and in the industry itself.
A third way of slipping and falling in convenience stores involves the liquids or soda or coffee stations.
Gas stations with convenience stores like Speedway are often those types of businesses in Indiana that follows the "better safe than sorry" theory of warning signs placement. They often place "wet floor" warning cones or yellow triangle warning signs near the entrances of the store or next to the ubiquitous coffee and self-serve soda fountains at all times -- regardless whether the floor is wet or dry.
You mightask yourself -- "why would a business place a warning cone or yellow warning sign on a dry floor?"
The answer is simple -- convenience stores and gas stations are practicing "prophylactic slip-and-fall defense law" = just in case anybody falls and is injured, the defense lawyer will assert a defense that the "plaintiff should have discovered" the dangerous condition of the floor. (This is one of the Indiana affirmative defenses to slip and falls based upon the current state of Indiana law which follows the Restatement, 2d, of Torts which defines premises liability and landowners' duties to customers).
It's a sneaky trick and it is often used effectively during jury trials by unscrupulous fast food restaurants (I've also seen many convenience stores use this tactic, too).
In those instances, Shaw Law Offices typically responds with the argument that if a warning cone or yellow warning sign is placed 24/7 on dry floors, then the warning isn't truly a warning at all, but rather a defense strategy. This testimony is sometimes elicited through premises liability expert witnesses and other times through "human factors" expert witnesses who can explain to a jury the impact that warnings -- fake and real -- have upon the human mind in a psychological nature.
Attorney Jeff Shaw has read literally dozens of these contracts and contacted several experts throughout the years to give an opinion as to whether the injury suffered was preventable.
Contact us today Toll Free at (855) DID-U-FALL / (855) 343-8325 to investigate your Speedway slip and fall.
Anybody can fall.
We Get You Back on Your Feet.