Gas Station and Convenience Store Accidents
A gas station or convenience store accident may turn a quick errand into a tragic, life-changing event. Although there is a certain level of risk that accompanies any venture onto business property, there are some particular dangers to which customers may be susceptible when getting gas or going into a small market to use the restroom or make a purchase. If you or a family member has been hurt in a gas station or convenience store accident, the Pembroke Pines premises liability lawyers at Cohn & Smith can help you determine whether you may be able to pursue the property owner for compensation.Holding a Gas Station or Convenience Store Owner Accountable for an Accident
Injuries on business property usually result in a type of personal injury case known as a premises liability claim. Most of these cases involve a four-step inquiry in which the plaintiff must prove by a preponderance of the evidence that the defendant owed him or her a legal duty, that the defendant breached this duty, that the plaintiff was harmed in some way, and that the defendant’s breach of duty was the legal and proximate cause of the plaintiff’s injuries. Damages in negligence actions may cover past and future treatment expenses, past and future loss of earnings, pain and suffering, and other, related losses.
In determining the defendant’s duty of care to the plaintiff, Florida law requires that business owners (including owners and operators of gas stations and convenience stores) maintain their premises in a reasonably safe condition. This requires an owner to make regular inspections and to repair known dangers or warn customers about dangers if a repair cannot be made in a reasonably prompt fashion. To prove a breach of this duty, the plaintiff must show not only that he or she was injured on the defendant’s property but also that the defendant should have known about the defect that caused the accident and either fixed it or warned the plaintiff about it.
Sometimes the defendant will assert that the plaintiff was at fault, either totally or partially, in causing the accident. Under Florida’s comparative fault laws, a plaintiff still may be able to recover compensation in an amount that is proportionate to the defendant’s percentage of fault. However, it is important to enlist an experienced slip and fall attorney in opposing allegations of comparative fault to minimize any impact on a compensation award.
Premises liability law is often very fact-specific. A prompt and thorough investigation into the cause of the accident is therefore essential to proving the plaintiff’s case in many instances. A premises liability attorney can help a plaintiff build his or her case of negligence by obtaining documentation of the accident and the plaintiff’s injuries, including items such as the incident report, surveillance camera footage, and emergency room records.Discuss a Premises Liability Claim with a Pembroke Pines Lawyer
To get started on investigating a gas station or convenience store accident case, call the Pembroke Pines premises liability attorneys at Cohn & Smith at (954) 431-8100 or contact us online to schedule a free consultation. We assist victims throughout South Florida who need an injury attorney, including people in Fort Lauderdale, Aventura, Hollywood, Davie, Tamarac, Coral Springs, Sunrise, and many areas of North Dade County.