What Happens if I Slip & Fall in a Grocery Store?
The grocery store slip and fall is the prototypical premises liability personal injury claim. We’ve all heard about someone slipping on a spill in the grocery store and suing the owners, even if only through pop culture references. But how does a grocery store slip & fall case actually work? Are you guaranteed to recover millions just because you slipped on a spilled jar of tomato sauce? Read on to learn about grocery store slips & falls and how you can recover compensation for your injuries. If you’ve been hurt in a grocery store slip & fall or through other means on someone else’s property, call a seasoned Texas slip & fall accident attorney for help.
How Do I Prove Liability in a Grocery Store Slip & Fall Case?
You are not guaranteed a successful legal claim just because you were injured on someone else’s property. If you slipped & fell at the grocery store, in order to hold the grocery store liable for your injuries, you’ll need to demonstrate that the store was responsible for your accident. That means proving that someone working for the store was at least negligent and that negligence directly led to your accident. The negligent party might be a store employee, a supervisor, or even the corporate leadership (if you were to allege there was a pattern and practice of maintaining untrained workers, for example).
For the typical slip & fall case, your personal injury lawyer will need to demonstrate:
- There was a dangerous condition (such as a spill or wet floor);
- The owner (employees/supervisors/etc.) knew or should have known about the dangerous condition; and
- The owner failed to take reasonable steps to either fix the dangerous condition or provide adequate warning.
Grocery store owners have a responsibility to keep their premises safe for customers and other guests. That means they have to take reasonable steps to maintain the premises, including monitoring the store for spills and other hazards. If an employee directly knew about the hazard–such as if a custodian mopped the floor and failed to put up a “wet floor” sign–the store is likely liable for any resulting injury. If the hazard is clearly a risk under the circumstances–such as if it’s raining outside and customers will be tracking in water–the store should be regularly monitoring and either cleaning the floor or warning customers. In these circumstances, liability is more clear.
If the hazard was created unexpectedly, such as if a customer knocked over a gallon of milk and did not tell anyone, then proving liability is more complex. The owner’s negligence may turn on how long the spill was left uncleaned. For example, if the spill happened only moments earlier, it might not be reasonable to expect the store to have already responded. If the spill has been left untouched for several minutes, then it’s more reasonable to expect an employee should have discovered the spill. Proving actual knowledge or constructive knowledge (“should have known”) can be tricky and requires assistance from a savvy slip & fall lawyer.
What Compensation is Available After a Grocery Store Slip & Fall?
If you slipped on a spill in a grocery store and fell, you might have suffered one of several different injuries. People who slip & fall commonly suffer injury to their wrists, elbows, knees, back, and even to their skull, depending on the severity of the tumble. Accident victims often wind up with fractured bones, pulled muscles, or traumatic brain injury.
If your injuries occurred because a negligent store manager failed to clean up a mess they either knew or should have known about, you could be able to recover several types of damages, including the following:
- Medical costs for examinations, surgeries, medications, and other procedures
- Anticipated future medical costs including nursing care, physical therapy, and prosthetics
- Any lost income you suffered from missing days at work to recover
- Potential future income lost if you suffered a permanent or long-term injury
- Compensation for your pain and suffering, emotional distress, and other psychological harms suffered as a result of the accident and the resulting injuries
A seasoned slip & fall accident lawyer can help you understand your rights and the damages that may be available to you in a Texas premises liability case.
If you or a family member has been injured in a Texas premises slip & fall accident, please contact the Turley Law Firm online or call 214-691-4025 or email email@example.com today to schedule your free consultation. Our professional Dallas premises liability attorneys serve clients throughout Texas and multiple Southern and Southwestern states.