No one goes shopping in a supermarket expecting to end up on a stretcher, but it can happen. Slip and fall accidents happen when they are least expected, and serious injuries can be the result.
If this is something that has happened to you and you think that the supermarket staff or the management was too blame for the accident, you should consider making a claim for compensation with the help of a personal injury attorney.
A successful claim can help you recover the cost of medical treatment, lost income and compensate for emotional and psychological suffering.
Slip and Fall Injury Hazards in a Supermarket
Supermarkets may seem like safe places to shop and most of the time they are. However, slip and fall accidents can happen anywhere, especially if safety provisions are not as good as they should be. Typical slip and fall injuries can happen in the following circumstances.
- Floor surfaces remain slippery after employees have cleaned them, but employees have failed to warn customers about the dangers present.
- Spillages from goods that have fallen off a shelf, or leakages that have taken place around the deli or frozen goods sections in a supermarket;
- Tools, or equipment, that have been used to repair or maintain parts of the store have been carelessly left lying around and can act as a trip hazard;
- Inclement weather, especially snow and ice in winter that creates slippery and hazardous conditions in and around the entrances to stores and supermarkets;
- Uneven floor surfaces, usually caused by badly fitting or infrequently maintained floor covering present a trip hazard;
- Dim or inadequate lighting in staircases or alcoves can be a slip, trip and fall hazard, especially to those customers who have sight deficiencies.
Personal Injury in Supermarkets
If you have been injured in a slip and fall accident at a supermarket, you may be eligible to recover compensation through a personal injury claim against the grocery retailer. For your claim to have fruition, you will need to prove that your fall was the result of negligence. To successfully prove negligence, all four elements of negligence must be proven.
The first element of negligence is to show that the store owed you a duty or a responsibility to act in a certain way. In this case, that is obvious. Any business owes its customers the duty or the responsibility to maintain safe premises so they can shop and be on store property without concern for injury.
- Next you must prove that the element of duty was breached. For example, they failed to clean up a broken jar of pickles that had left juice on the floor. There was adequate time to clean up the mess or to put up a wet floor sign, but the store employees failed to do so.
- The third element is to prove that the breach of duty led to your fall. If the pickle juice wasn’t on the floor, there would have been no reason for you to slip and fall.
- Then lastly, you will need to show that your damages and injuries resulted directly from the slip and fall caused by the pickle juice.
To win a lawsuit against any big supermarket, you will need to provide supporting evidence that shows you slipped and fell at the store, why you fell, how you were injured, and the extent of your injuries. Documentation and evidence are essential to the success of your personal injury claim against the grocery chain. If you think it may help you later, be sure to keep it as evidence. Also, jot down some notes about your accident while it is fresh in your memory and you recall the specific details. These notes could be very helpful with your claim.
What To Do After A Slip and Fall at a Supermarket
If you slip and fall while shopping at supermarket, you will need to notify a manager right away. They will need to complete an accident report. If you are physically able to do so, take photos of the accident scene. These photos can help show that there was no wet floor sign or other warning and that there was pickle juice on the floor.
Ask any witnesses to provide written statements regarding what they saw. Get the names of any witnesses and be sure to get their contact information. Look to see if there is a surveillance camera in the area. Your personal injury attorney will investigate this because a camera could have caught the entire incident and that could be used in court to determine what happened.
Be sure to establish medical care right away. You will need to show there is a casual connection between the slip and fall at the grocery store and the injuries you suffered. By establishing medical care right after the accident, you are showing that the injury was caused by your fall. Be sure to tell the treating physician what happened and how it happened.
You will need to maintain evidence to support your claim and to prove your damages. Here are some examples of supporting evidence that can benefit your claim:
- The accident report
- Photos of the accident scene and injuries
- Medical bills
- Documentation showing missed work and lost wages
- Medical records
- Prescription receipts
- Receipts for medical devices
- Any medical care details, such as physical therapy records
- Witness statements
- Surveillance videos
- A journal giving details about your restrictions, limitations, and pain from the injury
Your personal injury lawyer will help you gather the supporting evidence for your claim and will determine which damages that you suffered. You will want to be sure to include any future expenses or losses as well as any past bills and lost wages. Have your physician provide documentation that shows you will require future care – such as physical therapy and surgery.
Talk to a Personal Injury Attorney After An Injury.
The sooner you consider taking legal action after an injury which was not your fault the better. Personal injury claims are not easy to make all by yourself. Big supermarket chains employ experienced legal teams and their insurers are unlikely to admit liability readily.
Any big supermarket and their insurance company will be represented by a team of experienced lawyers. These attorneys will be looking out for the interests of the supermarket chain and their insurance company and will work to ensure that they pay as little as possible to resolve the matter. To ensure you are treated fairly and to level the playing field, you will need to enlist the help of a personal injury lawyer.
Personal injury attorneys will not require any payment up front, but instead, take cases on the contingency basis, which means your lawyer will not be paid until you win your claim and get a settlement from or a judgment against supermarket. With the help of an attorney, you are much more likely to recover compensation for the damages that you suffered because of the slip and fall in the grocery store.
To ensure your claim is underway in a timely manner, you should consult with a personal injury lawyer who is licensed in your state. Complete the Free Case Evaluation Form on this page to have the details of your store slip and fall case reviewed by an experienced slip and fall attorney in your area. There is a strict statute of limitations, so don’t wait too late to pursue your personal injury claim against the offending party.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Price Chopper, or another party, you may not be entitled to any compensation.
