Recovering Damages After a Grocery Store Slip-and-Fall
Shopping at a grocery store can be a mundane errand for many people, but for an unfortunate few, it can lead to a devastating slip-and-fall accident. Slip-and-fall injuries can range from minor bruising to a serious traumatic brain injury or paralysis. If you have suffered injuries in a slip-and-fall accident, consider consulting with a personal injury attorney to file a lawsuit against the parties responsible for your injuries.
Are Grocery Stores Liable for Slip-and-Fall Accidents?
A grocery store is not automatically liable every time someone falls on the property. To have a successful claim, the injured person generally needs to show that a dangerous condition existed, the store knew about it (or should have known), and the store failed to take reasonable steps to fix the hazard or warn customers.
These cases often depend on the facts of the case. For example, a spill that sat in an aisle for hours may be treated differently than a hazard that appeared moments before a fall.
There also needs to be damages for a lawsuit or settlement. A bruised arm or stained shirt likely won’t qualify.
If you’re hurt badly enough to need medical attention or miss work because of your injury, those are real losses that you may be able to recover compensation for.
Common Causes of Grocery Store Slip-and-Fall Accidents
As a shopper, you may suffer injuries as a result of various dangerous conditions. Some of these conditions may include:
- Icy sidewalks and store entryways
- Debris in the aisles
- Wet or slippery floors
- Broken steps or uneven carpeting/flooring
- Poor lighting
- Broken shelving
How to Prove a Grocery Store Slip-and-Fall Claim
Store owners owe a duty of care to shoppers and other store invitees to take reasonable steps to maintain the safety of the store premises. This duty is breached when a store owner:
- Knew or should have known of the dangerous condition and,
- Fails to take reasonable steps to warn of a dangerous condition on the premises,
- Fails to take reasonable steps to remedy or fix a dangerous condition, and/or
- Fails to take reasonable steps to inspect and maintain the premises
To prove your slip-and-fall claim, you may present the following evidence:
- Accident report filed with the store shortly after the incident
- Photos and/or videos of the scene of the accident and store conditions
- Witness testimony from people who saw the accident occur or are knowledgeable about store conditions
- Expert testimony regarding your injuries or causation of your injuries
What to Do After a Grocery Store Slip and Fall
After falling at a grocery store, the steps you take after can help protect and increase your chances of getting a settlement in any potential claim that follows.
If possible, you should:
- Immediately report the fall to a manger
- Ask for a copy of the incident report
- Take photos of the hazard and surrounding area
- Try to get a copy of the surveillance video
- Get the names and contact information of employees or other customers who witnessed the fall
- Save your shoes and clothing
- Seek medical attention as soon as possible
- Avoid giving detailed statements to an insurance company before speaking with an attorney
These steps can help you preserve evidence before the store is cleaned or the hazard has been repaired.
If you can successfully establish your claim, you may be able to recover damages for medical expenses, lost wages, loss of earning capacity, and pain and suffering. A local attorney can help you build a strong premises liability case and pursue the compensation you’re entitled to seek.
Satterley & Kelley PLLC attorneys are here to help. To take advantage of a free initial consultation where you can discuss what happened and your legal rights, call our office in Louisville at 502-589-5600 (toll-free at 855-385-9532). You may also complete our contact form if it’s more convenient.