I had an accident in Starbucks and want to claim compensation for stress fractures to my pelvis. I was knocked off my chair by a member of staff. Do I have grounds to make an injury claim?
It would appear that your accident in Starbucks clearly involved negligence of the coffee shop staff so there is a strong probability that you will be entitled to claim compensation for your injuries.
In order for a Starbucks accident claim to be made there must have been a breach in a duty of care. A duty of care is a legal responsibility to adhere to a reasonable standard of care so as not to cause any harm to visitors to the coffee shop. In a busy coffee shop it is understandable that the staff may need to rush around the shop to clean up; however the safety of customers should never be compromised. Since the accident was caused by a member of staff, and your injury could have been prevented had the member of staff been more careful, it would appear that the duty of care has been breached.
When a claim for being injured in Starbucks is made, it must be substantiated with evidence of negligence of the staff. The easiest way to prove negligence is with statements taken from the staff and eye-witnesses to the accident. If you recorded the contact details of any customers who witnessed the accident, it should be straightforward to establish and prove negligence.
Ideally you should also have made a report of the accident in the accident book of the coffee shop. It is important that there is an official record of the accident as this can be used as evidence to support your claim. After sustaining a serious injury in an accident in Starbucks it is understandable that the last thing on your mind would be making a Starbucks accident claim. Consequently this report may not have been made at the time.
If your injuries permit you to do so, you should return to the store to report the accident. You should write a brief summary of the cause of the accident and your injuries in the accident book, and should include details of the member of staff responsible, the date and time of the accident and your contact details.
It is also strongly advisable to seek legal advice from a personal injury lawyer. A lawyer is in the best position to provide assistance with the collection of evidence to support your claim for being injured in Starbucks. If witness details were recorded a lawyer will make contact and will take written statements. The staff will also be contacted as their account of the accident can also be used as proof to support your claim compensation for an injury in Starbucks.
A lawyer will also arrange for your injuries to be thoroughly checked by a doctor with experience in dealing with pelvic stress fractures to determine the best course of treatment and to establish the full extent of your injuries. Your lawyer will then calculate your maximum entitlement to compensation for an injury in Starbucks and will attempt to obtain an appropriate settlement from the coffee shop’s insurance company.