Accidents involving a slip-and-fall or a trip-and-fall are among the most common types of personal injury claims. These types of injury accidents tend to occur in locations such as supermarkets where customers are moving around frequently in cluttered or tight spaces. Such accidents can occur for a variety of reasons, ranging from wet floors to poorly maintained areas in the store or inadequate lighting. If you have suffered an injury in a supermarket due to negligence (carelessness) on the part of the store or its employees, understanding your rights and the legal process for filing a claim is essential to ensuring that you receive proper compensation for your injuries and damages.
Common Causes of Slip and Fall Accidents in Supermarkets
A slip-and-fall or trip-and-fall claim is typically generated after someone is injured after slipping, tripping, or falling due to unsafe conditions on someone else’s property. In a supermarket setting, the store is typically the property owner/manager, and customers are considered invitees, which means they have the right to expect that the store will take reasonable steps to keep the premises safe. If a customer falls due to the store’s negligence (carelessness) or failure to maintain a safe environment, they are entitled to compensation for their losses.
Several hazards in supermarkets can lead to slip-and-fall or trip and fall accidents. Some of the most common causes include:
- Wet or slippery floors: Spills from food or liquid products, leaks from refrigeration units or cleaning procedures can create slippery surfaces in aisles or near produce sections. These spills may go unnoticed or not be cleaned up promptly, leading to a dangerous condition for shoppers.
- Uneven or damaged flooring: Cracked tiles, torn linoleum or damaged carpets can cause tripping hazards. If the store fails to repair these issues in a timely manner, it can be deemed careless.
- Cluttered aisles: Supermarkets often have crowded aisles with boxes, misplaced products or even promotional displays. These obstructions can easily cause tripping hazards if not properly and promptly cleared.
- Poor lighting: Inadequate lighting can make it difficult to see potential hazards. Dimly lit aisles, walkways or corners increase the likelihood of slips, trips and falls, especially for elderly customers.
- Weather-related hazards: Snow, rain or ice that is tracked into the store from outside can create hazardous conditions inside, particularly near entrances or in parking lots. It is the store’s responsibility to maintain the floors in a safe condition.
- Defective or improperly stored items: If products are improperly stacked or fall from shelves, they can create a hazard for customers. Items that roll onto the floor can easily cause people to trip.
Proving Negligence (Carelessness) in a Slip and Fall or Trip and Fall Claim
In order to be successful in a supermarket slip-and-fall or trip-and-fall case, the injured party must prove that the store was careless in maintaining a safe environment. This usually involves establishing the following elements:
- Duty of care: The supermarket has a duty to maintain its premises in a reasonably safe condition for its customers. This includes regular inspections and prompt cleaning or repair of hazards.
- Breach of duty: If the supermarket breached its duty of care by allowing hazardous conditions to exist, that amounts to carelessness. For example, if the store knew about a spill but did not clean it up or warn customers about it, they could be considered negligent (careless).
- Causation: This means that injury sustained was caused by the hazardous condition. For example, if a person slips on a wet floor and fractures their arm, the spill caused the fall and resulting injury.
- Damages: The injured party must have suffered actual damages, such as medical bills, lost wages, or pain and suffering as a result of the slip and fall or trip and fall accident.
Steps to Take After a Supermarket Slip-and-Fall or Trip-and-Fall Accident
If you are involved in a slip-and-fall or trip-and-fall accident in a supermarket, there are several important steps you should take to protect your legal rights:
- Seek medical attention:Â Even if you believe your injury is minor, it is important to seek medical attention immediately. Save all receipts and documentation relating to your injuries, treatment and related expenses.
- Report the incident:Â Inform a store employee or manager about the incident. Make sure they complete an accident report and obtain a copy for your records. Documenting the accident with the store will help support your claim later.
- Take photos and videos:Â If possible, take photographs and videos of the hazard that caused your fall such as the spill or uneven flooring. Also, photograph your injuries to document the extent of the damage.
- Gather witnesses: If there were any witnesses to the accident, get their contact information. Their testimony can be valuable in establishing the store’s carelessness.
- Preserve evidence:Â If possible, preserve the shoes, clothing, or other items you were wearing during the accident. These may be used as evidence in your claim. Your injury lawyer can also help preserve other crucial pieces of evidence such as store surveillance videos.
Contacting an Experienced Personal Injury Lawyer
Slip-trip-and-fall accidents can result in serious, disabling or even life-threatening injuries. If you were involved in a slip-and-fall or a trip-and-fall accident as a result of someone else’s negligence (carelessness), please remember that you have rights. Some of the damages that victims of such accidents can claim include, but are not limited to, medical expenses, loss of wages and benefits, cost of hospitalization, surgery, physical therapy, past and future pain and suffering, permanent injury, etc.
The experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options and also fight hard to recover just compensation for you. For over 53 years, our skilled attorneys have established a proven track record of helping injured victims.
Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident. Our law firm also recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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