To sue a store for an injury in Gastonia, NC, submit a summons and complaint to the appropriate court. Most often, in Gastonia, you’ll file your case in the North Carolina Superior Court. Name the defendant or defendants. State the basis for liability and ask for an award of damages. Pay the filing fee. Serve a copy of the filing documents on the defense. Then follow the next steps as the case proceeds through the court.
Note: There are specific ways that court documents must be prepared and filed. These steps are detailed and complex. You may have representation from an experienced premises liability attorney in Gastonia. Contact Horton & Mendez Injury Attorneys.
Prepare Your Case
Suing a store for injury begins with case preparation. You must determine:
- The facts: What happened? What were the underlying causes?
- The fault: Who has legal fault for the accident and injuries? Based on what legal standard? Usually, the standard is premises liability.
- The defense: What is the official name and legal entity of the party or parties that you are suing? Business structures and franchises can make ownership confusing.
- The demand: How much are you seeking in compensation? What damages apply?
- The court: What court should you file your case in?
- The case: How will you prove your case?
Case Process
It may be possible to start with a demand letter to the store owner. A demand letter summarizes the case and what you would like in compensation. Sometimes, this can result in direct negotiations. However, it’s often necessary to file the case in court.
Lawsuits are filed in courts. There are different types of courts. Most store injury lawsuits in Gastonia should be filed in North Carolina Superior Courts, which hear civil claims for amounts exceeding $25,000. But there may be exceptions.
After You File
Once you file the case, the defense responds. Both sides can gather evidence, including exchanging witnesses and exhibiting information. You may conduct depositions, demand records, and build evidence through experts, if needed to explain scientific or technical information. There will be preliminary court appearances, like case conferences and motion hearings.
Case Resolution
Some Gastonia store injury lawsuits proceed to trial. However, with thorough discovery and alternative dispute resolution, like mediation, most cases reach a settlement.
Settlement
If your case settles, you prepare and sign documents. The documents state the terms of the settlement. You submit the documents to the court, and the judge signs them, making them an order of the court. The case then ends.
Trial
If your case goes to trial, each side presents its case. As the plaintiff, you go first. The court gives the jury instructions to decide the case. The jury deliberates and states its decision.
When Is a Store Legally Responsible for Customer Injuries?
A store is legally responsible for customer injuries when they do not keep their property in a reasonably safe condition and manner.
You must prove that the property owner knew of the dangerous condition or that they should have known about it. Usually, proving that the store should have known about the dangerous condition is based on how long the danger existed.
A store isn’t automatically liable for every injury that occurs on their property, but they’re liable when they don’t take reasonable steps to fix dangers. They may not expose patrons to unreasonable dangers, and they must warn patrons about dangers that aren’t obvious.
Common Store Hazards That Lead to Lawsuits
- Substances spilled on the floor
- Falling objects
- Assaults and attacks due to negligent security
- Inadequate lighting
- Broken flooring, slick floor surfaces
- Broken handrails and supports
- Poor store flow design that results in jostling crowds
- Products and pallets that are left where people can trip
- Fires
- Electrical hazards
- Chemical exposure
- Elevators and escalators that malfunction
- Carts and shopping baskets that are misplaced or mishandled
Proving the Store Was Negligent
Proving the store was negligent depends on facts. As the person seeking compensation, you must show what happened and how unreasonable it was. In addition to proving negligence, you must show how negligence was the cause of your injury.
What Kind of Evidence Do You Need?
You may prove your case using photographs and video. This evidence may come from you or store surveillance records. Witnesses may testify.
In discovery, you may gather store records to show knowledge of the danger and what was done to address it. You may learn about store management and response practices.
The best way to prove the store was negligent depends on the facts of the case.
Types of Damages You Can Recover
Damages should reflect the severity of your injuries and losses. The worse your injuries are, the more you should receive in compensation. Damages may include both economic and non-economic losses.
Economic losses are medical bills, lost income, prescriptions, personal care needs, and other financial losses from the incident. Non-economic damages are pain and suffering, mental anguish, impairment, and loss of lifestyle. Non-economic damages are specific to the person and their suffering due to the accident.
Damages may be proven by bills, receipts, witness testimony, experts, employment records, and other information.
How Long Do You Have To File a Lawsuit Against a Store?
In Gastonia, NC, you generally have three years to file a lawsuit against a store. However, it’s always best to start as soon as possible after the accident occurs. Working quickly can help preserve evidence. It can make the case more efficient and result in the victim receiving compensation as quickly as possible.
Can you have a lawyer when you’re suing a store in Gastonia?
Yes. You can have a lawyer sue a store in Gastonia. A lawyer handling store lawsuits in Gastonia, NC, is a personal injury lawyer and represents your interests, including filing the case and negotiating on your behalf.
Contact an Experienced Gastonia Premises Liability Lawyer
Horton & Mendez Injury Attorneys is an experienced Gastonia premises liability lawyer.
We represent people who are hurt in stores. If you have been hurt, we invite you to contact us. See what you may receive in compensation and start your case now.
