Grocery store slip and fall claims are legal claims for compensation that are typically based on state tort or premises liability law. Grocery store slip and fall accident claims are based on the theory that the grocery store did not take the appropriate steps to keep the property reasonably safe and prevent the accident. The standard is not whether the grocery store knew they were going to cause an accident or even that they intentionally caused an accident. Instead, grocery store slip and fall claims are based on the idea that the grocery store could have and should have taken more active steps to keep the property safe for customers. If you suffered a slip and fall in a grocery store, you will need to take immediate action to protect your legal rights.
Observe the following steps:
- Report the accident: You want to make sure the slip and fall has been documented. Most grocery stores will have a set protocol for documenting an incident. Ask to speak to the manager and report your accident. Make sure you explain where and how the incident happened, as well as describing your injuries.
- Take pictures: You will want to take pictures of the condition that caused your fall. For example, if you slipped on a slick floor, take a picture of it as soon as possible after the fall. Also photograph your injuries.
- Seek medical assistance: You will want to ensure your injuries receive the medical attention they need. In doing so, you will further add to the legitimacy of your claim by making sure you have medical documentation of your injuries.
Legal Standard for Grocery Store Accidents
A grocery store is a business; store owners invite people to come on their property so that the store can make a profit. In other words, the grocery store operates for the benefit of the owners. As a business, the grocery store has the highest legal standard for what counts as sufficient behavior to keep the store safe for customers. The store must actively take steps to remedy dangers before harm occurs. That does not mean that every slip and fall results in legal fault for the grocery store; however, it means that accountability for the grocery store is very high.
Comparative Negligence in Grocery Store Accident Cases
Comparative negligence may come into play in a grocery store accident case. The court may weigh the actions of both the victim and the grocery store to determine who has what percentage of fault for the accident. If the victim shares partial fault, for example, by running, pushing past other customers, or not paying attention to their surroundings, comparative fault may be a question. However, for a grocery store accident victim, comparative fault is something to be aware of, but it is not something to be afraid of. Comparative fault is not necessarily present in a case just because the grocery store alleges it in their defense. It is up to the defense to prove it if they want a jury to accept it.
When You Could Be at Fault for the Accident
If the grocery store was vigilant and made the hazard safe or warned you of the condition that harmed you, then they may not be at fault for a slip and fall accident that happens on their premises. In fact, you, as the shopper, could potentially be at fault for what happened. For example, if you ignored a wet floor sign in an aisle, then you might be responsible for the injuries you sustained when you slipped on that wet floor. Similarly, if you were distracted and paying attention to your phone rather than your surroundings, you could be considered negligent.
What Must Be Proven To Hold the Grocery Store Liable for Your Injury
The typical store injury case is caused by debris or liquid on the floor. There may be condensation on the aisle of the frozen food section caused by frequent opening and closing of the door and melting of ice. A puddle of water may be on the floor in the produce section after the fruits and vegetables have been sprayed. A shopper may accidentally have dropped a food item on the floor. A tattered or buckled mat may be in your path. To recover compensation for your injuries, it must be proven that the store was “negligent.” Negligence is carelessness or not being safe.
The law says an injured party must prove that:
- The owner either knew or should have known there was an existing unsafe condition;
- The owner failed to correct the dangerous condition or failed to warn shoppers about its existence;
- The failure to warn about or correct the dangerous condition was the cause of the injury; and
- The plaintiff was injured due to the owner’s negligent conduct in failing to correct or remove the dangerous condition.
Evidence Used in a Personal Injury Claim
There are several things that can be used as supporting evidence for a slip and fall personal injury claim. Keep copies of medical bills and medical records. Get a copy of any accident report that may have been completed. Take photos of the accident scene if possible and take photos of any visible injuries. Get statements and contact information from any witnesses. When you pursue your personal injury claim, you can supply your evidence and supporting documentation to help you prove liability.
Grocery Store Slip and Fall Settlement Value
Every slip and fall case is unique, so it is difficult to offer any solid information on valuation without knowing about key factors like:
- the circumstances of the slip and fall accident;
- the clarity of the fault issue (does the store or business admit liability, or are they arguing that they are not at fault?);
- the nature and extent of your injuries, and the effect of those injuries on your life, including your ability to make a living;
- your physical and mental pain and suffering resulting from your slip and fall injuries, and your necessary medical treatment; and
- the availability of insurance coverage to compensate you for your injuries and related losses