If a Florida gas station’s or convenience store’s negligence caused your injury, you may be able to recover your damages. Damages usually consist of:
- Medical expenses (e.g. ambulance bills, hospital bills, doctors’ bills, etc.)
- Lost Wages
- Pain and Suffering
- Mental anguish
- Loss of enjoyment of life
- Property Damage
Throughout this article I use the words “gas station” and “convenience store” interchangeably. For purposes of this article, they mean the same thing.
I wrote a separate article that specifically talks about slip, trip and fall claims against Florida gas stations and convenience stores.
Accidents involving Video Games
Some gas stations have video games. If they do, they have a duty to secure the game to the floor. If a video game tips over and falls on you, then you may have a personal injury case.
Limitation on premises liability for convenience businesses
Fla. Stat. § 768.0705 states that the owner or operator of a convenience business that substantially implements the applicable security measures listed in ss. 812.173 and 812.174 shall gain a presumption against liability in connection with criminal acts that occur on the premises and that are committed by third parties who are not employees or agents of the owner or operator of the convenience business.
Video surveillance is a crime deterrent. If you are a victim of a crime at a convenience store and it had video surveillance, it may make your case tougher.
If the gas station did not have video surveillance, it may make your negligent security case easier.
Security guard service
Some convenience stores have security guards on duty. If the security guard is hurt, he may have a case against the gas station or a third party.
A third party could include someone driving a car, truck or other vehicle. If the gas station does not have security but is in a high crime area, a crime victim may be able to sue the gas station for inadequate security.
Unattended Self-Service Motor Fueling
All gas stations that allow unattended self-service motor fueling by members of the general public should have the following as required by NFPA 30A:
a. Emergency shutoff switch provided and located where it is accessible during unattended hours of operation.
b. Fire extinguisher with a minimum 40 B:C rating accessible during unattended hours of operation.
c. Operating instructions for the gas dispenses posted in the dispensing area.
If the gas station does not have on the above things, and a customer is hurt as a result, he may have a personal injury case against the gas station.
Bonuses or Incentives for convenience store managers based on safety/loss results
Some convenience stores will give managers bonuses if the store has a safe year with no accidents. This is also done at some supermarkets, stores and other businesses.
If you sue the gas station for personal injury, you can ask the owner or manager whether the manager receives a bonus if there are no accidents. If he does receive a bonus for this, you can show that he is a biased witnessed.
This may hurt the manager’s credibility and possibly result in a higher settlement offer.
Formal Training to Convenience Store Employees
The gas station may give formal training to its employees for:
- Alcoholic Beverage Sales
- Prevention of Slips, Trips and Falls
If the convenience store gave its employees formal safety training, and they did not follow the procedures that they learned, it may help the injured victim’s case.
The gas station may not give its employees formal safety training. If so, the victim can argue that the gas station is not acting as a reasonable business. This may help the injured victim’s personal injury case.
It will most likely take a lawsuit to find out if the gas station has formal training procedures. You also may be able to look at recent civil court records to see if they have been recently sued for personal injury.
You can contact the injured person’s lawyer to see if he has any evidence that the convenience store employees received formal safety training before the “accident.”
The employees may have acknowledged training sessions with their signature. This may help show that the gas station was responsible by training its employees.
You want to read every word on these documents to see if the convenience store was using the improper safety training procedures. Perhaps the gas station does not have the employee’s acknowledgement that they received the training session(s).
Prior Safety Concerns
If you file a lawsuit against the convenience store, you can learn whether the management became aware of and fixed any prior safety concerns. The gas station management may be aware of safety concerns before the accident.
If it is, but did not fix them, this may help your personal injury case.
If the gas station has a car wash, it needs to make sure that it is working properly. The employees should periodically inspect it. They should keep written records of their inspections.
If the car wash is not unsafe and causes a customer’s injury, he or she may have a case against the gas station.
Liquor Liability Claims
Some gas stations and convenience stores sell alcohol. They may purchase liquor liability coverage.
Liquor liability coverage covers a gas station for personal injury claims made by someone who is injured by a minor or habitual drunkard that was served there.
In Florida, a convenience store may be liable for injury or damage caused by or resulting from the intoxication of such person only if it knowingly serves a person habitually addicted to the use of any or all alcoholic beverages. Florida Statute 768.125.
In Florida if the gas station that willfully and unlawfully sells or furnishes alcoholic beverages to someone under 21 may become liable for injury or damage caused by or resulting from the intoxication of such minor or person. Florida Statute 768.125.
This coverage which is usually not part of a CGL insurance policy for a gas station.
This additional coverage that the convenience store may purchase. Liquor liability coverage limits are in a certain amount.
For example, Philadelphia Insurance Company, Florida’s largest CGL insurer offers liquor liability coverage to gas stations in the following amounts:
- $500,000 Aggregate
- $500,000 Each Common Cause
- $1,000,000 Aggregate
- $1,000,000 Each Common Cause
Even if the convenience store does not have liquor liability coverage, you can still sue them.
Do you have a case if a driver’s negligence causes your injury at a gas station or convenience store?
Yes. If a driver’s negligence caused your injury at a Florida gas station or convenience store, you are entitled to recover damages from any liable party. Your damages may include medical bills, lost wages, pain, suffering, mental anguish, property damage and loss of enjoyment of life.
There are 11 parties who may be liable. In addition to those 11 parties, you can make a claim for benefits through the gas station’s Medpay coverage.
Its Medpay coverage will pay for your medical expenses even if the convenience store was not negligent.
More Info Slip and Fall Injury Claims against Florida Gas Stations
Check out an informative article about:
- A case where a man slipped and fell on oil or water at a Miami-Dade or Monroe County, Florida gas station.
Did a gas station’s carelessness cause your injury in Florida? Were you injured somewhere else in Florida?
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