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Feb
2025

How to File an Injury Claim Against Costco

on  Personal Injury

Costco has a loyal customer base thanks to a wide range of products at great prices. This bulk superstore sells everything from fresh quality meats to household appliances, and if you’re a Costco member, you will enjoy significant savings. However, Costco stores are dangerous places for a variety of accidents and injuries – from products falling off of shelves to wet floors in the produce section. 

If you’ve been injured at a Costco in Florida, you may be entitled to compensation. Filing an injury claim against a corporate giant like Costco can feel overwhelming, but understanding the process and your rights under Florida law can help you take the first step toward justice.

The legal process can be complex, but the good news is help is just a phone call away. At Prosper Shaked Accident Injury Attorneys PA, our Florida injury lawyers know how difficult it is to hold Costco accountable after an accident. However, you deserve compensation and justice.  

We will walk you through everything you need to know about filing an injury claim against Costco, including the steps to take, Florida-specific laws to keep in mind, and how our legal team can help you build a strong case. 

Common Types of Accidents at Costco

While slip and fall accidents are among the most common injuries in retail stores, Costco’s unique setup creates additional risks for shoppers. Here are the types of accidents that may occur:

  • Slip and Fall Accidents. Costco stores are prone to slip and fall hazards such as:
    • Wet floors caused by spills or leaking freezers.
    • Recently mopped areas without proper signage.
    • Uneven or cracked flooring.
    • Obstructions in aisles, such as fallen products or misplaced merchandise.
  • Parking Lot Accidents. Parking lots at Costco locations can be chaotic, especially during peak hours. Accidents in these areas may involve:
    • Vehicle collisions due to poor traffic flow or distracted drivers.
    • Pedestrians struck by vehicles backing out of parking spaces.
    • Tripping over potholes, cracked pavement, or uneven surfaces.
  • Falling Merchandise. Costco’s towering shelves can pose a serious risk if items are improperly stacked or unsecured. Heavy or bulky items falling from high shelves can cause head injuries, fractures, or other severe harm.
  • Defective or Dangerous Products. Costco is responsible for ensuring the safety of the products it sells. If you’re injured by a defective product purchased at Costco, such as a malfunctioning appliance or tainted food item, you may have grounds for a product liability claim.
  • Accidents Involving Store Equipment. With heavy machinery like forklifts and pallet jacks in use, warehouse stores like Costco can expose customers to equipment-related hazards. If employees fail to operate equipment safely, it could result in serious injuries.

Steps to Take After an Accident at Costco
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Regardless of the type of injury you suffered at Costco, if you take the right steps, you can build a strong injury claim:

1. Document the Scene

Take photos or videos of the hazard, such as a wet floor, fallen product, or damaged pavement. If you were involved in a parking lot accident, capture images of the vehicles, license plates, and surrounding area.

2. Notify a Manager

Report the incident to a store manager or supervisor right away. Request that an incident report be filed and ask for a copy. This report can serve as a vital piece of evidence later on.

3. Gather Witness Information

If anyone witnessed your accident, ask for their contact details. Witness statements can corroborate your version of events.

4. Seek Medical Attention

Even if you think your injuries are minor, see a doctor promptly. Some injuries, like concussions or internal damage, may not be immediately apparent. Plus, medical records are essential for proving your claim.

5. Consult a Florida Injury Attorney

Before speaking with Costco’s claims adjusters or accepting any settlement offers, consult an experienced injury attorney. Our attorneys can ensure your rights are protected and help you pursue the compensation you deserve.

Understanding Costco’s Corporate Structure and Injury Claim Strategy

Costco is no ordinary retail store—it’s a global giant with massive resources at its disposal. This size and influence play a big role in how the company handles injury claims. Costco doesn’t just rely on store managers to address legal matters; it has dedicated legal teams and claims adjusters whose main job is to protect the company from financial losses.

When you file a claim against Costco, you’re not just dealing with store-level employees. Instead, you’re up against experienced professionals trained to minimize payouts and reduce liability for the company. Their strategies often include scrutinizing every detail of your claim to find weaknesses, delaying the process to discourage you, and pressuring you to accept a low settlement early on.

For someone without legal experience, it can be intimidating to face a corporation this well-prepared. That’s why having your own legal representation is critical. At Prosper Shaked Accident Injury Attorneys PA, we know how to push back against these tactics, build a strong case, and fight for the full compensation you deserve. 

Common Challenges in Filing a Claim Against Costco

Filing an injury claim against a corporation like Costco comes with unique challenges that can catch many people off guard. One of the biggest hurdles is obtaining the evidence you need to prove your case. Costco stores are equipped with surveillance cameras that may have captured your accident, but getting access to that footage can be tricky. The company controls these recordings, and they may be reluctant to share them unless a legal demand, such as a subpoena, is issued.

Another common obstacle is Costco’s tendency to deny negligence or shift the blame. The company might argue that you were at fault for the accident by not paying attention to your surroundings or wearing improper footwear. They may also claim that the hazard was not present long enough for their employees to address it, which is a common defense in premises liability cases.

Costco is self-insured but still contracts injury claims adjusters from companies such as Gallagher Bassett Services to handle their injury claims for them. These adjusters can also make the process more difficult. These professionals are trained to settle claims for as little money as possible. They may pressure you to accept a quick settlement before you’ve had time to fully evaluate your injuries or the long-term impact on your life. Some adjusters may even try to use your words against you by twisting innocent statements into admissions of fault.

Without an experienced personal injury lawyer by your side, these challenges can make it hard to get the compensation you need. A knowledgeable attorney will know how to counter these tactics, gather the necessary evidence, and ensure that your claim is taken seriously.

Types of Compensation You May Be Entitled To
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A successful injury claim against Costco can help you recover various forms of compensation, including:

  • Medical Expenses: Covers hospital bills, surgeries, physical therapy, and ongoing treatments. This also includes future medical expenses if you suffered a serious injury or lifelong disability at Costco. 
  • Lost Wages: Reimbursement for income lost due to your recovery.
  • Loss of Earning Capacity: Compensation for reduced ability to work in the future.
  • Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
  • Property Damage: If your personal property (e.g., a phone or car) was damaged in the accident, you may seek compensation to repair or replace it.

Florida Laws to Keep in Mind When Filing a Costco Lawsuit

Statute of Limitations

Under Florida Statutes § 95.11(3)(a), you have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this window typically means forfeiting your right to compensation. An experienced Florida personal injury lawyer can help you avoid missing critical deadlines. 

Comparative Negligence

Florida follows a modified comparative negligence rule, which means your compensation may be reduced if you’re partially at fault for the accident. For example, if you’re found to be 20% responsible, your award will be reduced by 20%. 

Costco’s legal team knows this, and they might try to shift some of the blame for the accident back onto you to reduce their liability. They may argue that you were partially responsible for your accident to reduce the amount they have to pay. For example, they might claim you weren’t paying attention, ignored visible warning signs, or wore inappropriate footwear, even if those factors had little to do with the actual hazard.

Premises Liability Standard

In Florida, proving Costco’s liability in an injury case hinges on the concept of actual or constructive knowledge. This means you must demonstrate that Costco either knew about the hazard that caused your injury or reasonably should have known about it. For instance, if an employee or manager was directly informed of a spill or falling merchandise but failed to act or if multiple incidents occurred in their parking lot because of improper lighting.

However, most cases rely on proving constructive knowledge, which involves showing that the hazard existed long enough for Costco employees to notice and address it. This could include evidence that a spill remained on the floor for an extended period, visible to employees passing by, or that poor stacking practices created an unsafe condition over time. Surveillance footage, maintenance logs, or witness statements can play a critical role in establishing how long the hazard was present and whether Costco had ample opportunity to fix it.

Why You Should Work with a Florida Injury Lawyer

Filing a claim against a large corporation like Costco can feel overwhelming, especially when you’re up against experienced legal teams and well trained claims adjusters. These companies are focused on protecting their bottom line, not necessarily on what’s fair for you. That’s why having an experienced Florida injury lawyer on your side is so important—they bring the skills and resources you need to level the playing field.

First, your attorney will conduct a thorough investigation into your case. This includes gathering critical evidence like surveillance footage, maintenance records, and witness statements to show exactly how the accident happened and why Costco is responsible. For example, they may uncover video proof of employees ignoring a hazard or maintenance logs showing a history of neglected safety issues. This evidence is key to building a strong case.

Next, your lawyer will handle negotiations with Costco’s claims adjusters. These adjusters are trained to minimize payouts by questioning the severity of your injuries or suggesting you were partially at fault. An experienced lawyer knows how to push back against these tactics and will fight to get you the maximum compensation you deserve. They’ll use the evidence from their investigation to demonstrate the full extent of your damages, from medical bills to pain and suffering.

Finally, if Costco refuses to offer a fair settlement, your attorney will be prepared to take your case to trial. This involves presenting your case before a judge or jury, arguing why Costco is liable, and seeking the full amount of compensation you’re entitled to under Florida law. Having a lawyer ready to go to court shows Costco you mean business and can often encourage them to settle before trial.

By working with an attorney, you can focus on recovering from your injuries while they handle the legal complexities, ensuring your rights are protected and your claim is taken seriously.

Are You Ready To Take the First Step Toward Justice?

Getting injured at Costco can be a life-changing experience, but you don’t have to face it alone. Whether your accident occurred in the parking lot, inside the store, or involved a defective product, you have the right to seek fair compensation for your losses.

At Prosper Shaked Accident Injury Attorneys PA, we specialize in helping Florida injury victims hold negligent corporations like Costco accountable. Let us handle the legal complexities while you focus on recovering.

Contact us today for a free consultation, and let’s take the first step toward getting your life back on track. Call us at (305) 694-2676 or fill out our contact form.