Slip and Falls at Gas Stations and Convenience Stores
Gas stations and convenience stores are staples of Indiana life.
There are tens of thousands of these facilities throughout Indiana and each of them has their own particular way of handling customer safety -- especially during snowy and icy weather. Some are very professional; others are not.
Our attorneys have handled slip and falls cases against many convenience stores and gas stations in Indiana.
These cases involve slip and falls both 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.
Most convenience stores and gas stations have guidelines and employee training to prevent such matters from occurring.
Oftentimes, 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.
Like most convenience stores, the greatest number of slip and falls occurs just inside the doors, where the customers can drag in wetness or water during snowy or rainy weather. Many convenience stores do not handle this dilemma properly (I've even seen one store just place cardboard instead of a liquid-resistant mat inside the doors - of course, it became wet and injured a young girl).
Gas stations with convenience stores 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 might ask 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 definitions of 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, McKibben Shaw Law 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.
Our attorneys have 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.Common Locations
- Luke & Oil Gas
- Speedway Gas
- Circle K
- Marathon Gas
- Family Express
Contact us today to investigate your convenience store or gas station slip and fall injury.
Not just the lawyers you need, but the lawyers you WANT.- Tristen K
Jeff Shaw was Very Professional- Shelby Kunes
Attorney Shaw got me a fair settlement, much more than I thought we were going to get.- Randy & Kathy M
I Told Him He Now Felt Like a Member of Our Family More Than Our Attorney.- Stephanie B.
Your Law Firm Is Number One in Indiana. You Receive an A+ in My Book.- April H.
$5,000,000 Verdict in Indianapolis, IN
Bicyclist Struck by Indianapolis School Bus (independent contractor) Awarded $5M by Indianapolis Jury (Upheld by Verdict, $4.4M Paid)
$3,040,000 Verdict in Gary, IN
Blackjack Dealer Awarded for Slip and Fall on Ice in Trump Casino Parking Lot
$1,750,000 Verdict in Hammond, IN
Child Dies in Fire, Landlord Failed to Provide Adequate Smoke Detectors
$1,460,000 Verdict Near the Ozarks of Missouri
Sheriff's Deputy who Collides With Improperly Transported Manufactured Home Convoy
$750,000 $750,000 Verdict in Delphi, IN
$750,000 Verdict for Lady in Golf Cart Struck by Drunk Driver Awarded by Jury in Carroll County
$750,000 Settlement for Paralyzed Man Shot at Indy Gas Station
Man Shot and Paralyzed at Gas Station by Unknown Assailant from Unruly Crowd That Gathered After Murder of Person the Night Before at Same Site
$750,000 Settlement in Indianapolis, IN
$750,000 Settlement Slip and Fall Indianapolis Woman Falls on Water in Produce Section of Indianapolis Grocery Store Breaking Leg.
$605,000 $605,000 Verdict in Valparaiso, IN
$605,000 Verdict - Child Awarded for Facial Scarring When Landlord Failed to Cover Exposed Hot Water Pipe in Living Room
$500,000 $500,000 Settlement in Bluffton, IN
$500,000 Wrongful Death Settlement in Bluffton, Indiana for Woman Killed When She Crossed Center-Line Into Path of Oncoming Speeding Semi-Truck
$500,000 $500,000 Verdict in Kokomo
$500,000 Verdict for Woman Slip and Fall in Domino's Pizza Restaurant on Water (Reduced to $375,000)