Can I Sue for Falling in a Store?

If you fell and were harmed due to a risky condition at a store, you may be able to file a lawsuit. It is the store owners or managers' responsibility to ensure their customers' safety. When they fail to do so, injuries will occur. As a result, store owners may be found negligent and face a lawsuit. Here's everything you need to know about slips and falls at the store. 

Retail Store Negligence

Negligence is the theory that allows persons who have been wounded to obtain compensation due to the carelessness of others. In contrast, a person is negligent if reckless in light of the circumstances. Personal injury, such as a car accident, is the most apparent form of negligence. 

Negligence, on the other hand, can be defined as a malleable concept. It might appear in a variety of situations. Emotional harm, such as PTSD resulting from negligent action, is also grounds for a lawsuit.

Due to retail store negligence, customers are often injured while shopping. Slip and fall accidents can be caused by building flaws, bad weather conditions, and other factors. This results in a premises liability suit, in which the party seeking damages bears the burden of proof.

What Proof Do I Need to Show That My Slip and Fall Claim Is Valid?

Slipping and falling on someone else's property due to a hazardous condition is known as a slip and fall incident. For example, poor lighting or damaged handrails on a stairway are just some of the many possible causes of slips and falls. When a person is hurt in a slip and fall accident, they may be able to file a premise liability lawsuit against the negligent party. 

The regulations governing slips and falls differ from state to state. There are, nevertheless, some common legal reasons that are taken into account by all state statutes. One example is that a person must typically show that the property owner was irresponsible in some way. Then, after establishing that they were owed a duty of care, the plaintiff must show that the store was in a dangerous condition.

Wet flooring is an example of this. The store must have been aware of the issue but failed to address it promptly. Furthermore, their injuries must have occurred due to the store's failure to fulfill its obligations to the injured individual.

In terms of retail store negligence, the court will consider whether the store owed them a duty of care if the plaintiff was injured while in the store. This is contingent on the court determining whether the plaintiff was a legal visitor, invitee, or licensee in the store. Furthermore, depending on the circumstances, some negligence claims may be brought even if the plaintiff was a trespasser.

Examples of evidence that could aid a plaintiff's case include:

• Security camera footage
• Witness interviews
• Doctor's notes and hospital records

Who Can You File a Lawsuit Against?

The nature of the alleged negligence frequently determines the party responsible for the injury. Of course, if the business owner owns the land, the store owner would be the only possible defendant. However, because many store owners rent their space, you may have a claim against the landlord or property owner.  

Should You Sue the Store Owner or the Landlord?

If you fall because of a structural problem with the building, you will almost certainly file a claim against the property owner. A water leak is one example of a structural problem. It is usually the landlord's fault if water leaks from the ceiling onto the floor. 

However, if you are injured due to something the store tenant did (or did not do), your case will be made against the store owner. Slipping on a floor that the business owner's employee had recently mopped and there were no warning signs to inform customers would be an example of a lawsuit against a store tenant

Important Points to Consider in Slip-and-Fall Cases

To win a slip and fall lawsuit, remember that there must be negligence. The following are the most common difficulties that arise in a slippery floor lawsuit when it comes to negligence:

• Was the floor very slippery?
• What made the floor so slippery?
• When you slipped on the floor because of a dangerous condition, how long had that dangerous condition been on the floor before you slipped?
• Was there any notice that the ground was slippery?
• Did you realize the floor was slippery before you fell?
• Did the store owner know that the floor was dangerously slippery?

Let's take a closer look at a few of these concerns:

What Made the Floor Slippery in the First Place?

Before leaving the premises after the incident, you must establish why the floor was slippery to have a fair chance of winning a slip and fall lawsuit. It will be difficult to win your case if you don't know what you slipped on. 

Here are a few things that can make a floor slippery:

• A slippery foreign object such as a banana peel or other food particles
• Water, ice, or snow 
• Lubricants such as oil or grease
• Polish or wax

How Long Had the Dangerous Condition Been on the Floor?

To win a slip and fall lawsuit, you must establish that the defendant was aware of or should have been aware of the floor's unreasonably slippery condition. The longer the slippery condition existed, the more likely you'll be able to show that the defendant was aware of it — but took no steps to correct it. A classic example is a banana peel.

If a customer in a store drops a banana peel on the floor, and you slip on it a few seconds later, the store owner is unlikely to be held accountable. The defense could argue that the store owner did not have enough time to notice the dangerous condition. But you may have a valid claim if the dangerous condition existed for half an hour or more. 

Was There a Notice About the Slippery Floor?

Slippery situations are often unavoidable. A business owner, for example, would wax the floors regularly. That is a fair course of action. 

However, floor wax is slippery. As a result, under the "reasonableness" standard, which guides most negligence cases, the floor waxers would be required to cordon off the affected area of the store or, at the very least, post a sign that warns customers of a slippery floor. 

Although posting a warning may not automatically free the defendant of blame, it does demonstrate that the defendant was not negligent. Failing to warn of a slippery floor, on the other hand, is clear evidence of negligence.

What Are Some of the Legal Options in a Retail Store Lawsuit?

A plaintiff's compensation in a retail store lawsuit will vary greatly depending on state laws and the individual circumstances of each case. The damaged party has the right to seek general and particular damages. Depending on the circumstances and severity of your injuries, you can seek compensation for your injuries. This may include some or all of the following:

• Expenses incurred in the repair of destroyed property
• Costs of doctor's appointments, hospital stays, prescription medicines, and other medical expenses
• Costs of any future medical care that may be required
• Wages lost during the time you were unable to work due to your injuries
• Compensation for lost earning potential if you cannot work or if your employment is restricted.
• You have suffered physical and emotional anguish as well as trauma.
• Expenses associated with long-term disability
• Funeral expenses if your beloved died due to complications deriving from the slip and fall incident 

A court may also order the retail establishment to implement new policies, training, and procedures to prevent future incidents. In addition, the court might award punitive damages to the plaintiff if it establishes that the store owners or any other negligent party were exceptionally reckless.

Can the Store Owner Raise Any Counterclaims Against the Plaintiff in a Slip and Fall Claim?

 A typical argument used by store owners is that the plaintiff was somehow relatively or contributory culpable in causing their injuries. In other words, the plaintiff did something that made them partially accountable for their injuries.

A good example would be if a plaintiff attempted to climb to the top of the tallest shelf rather than seeking help from a store employee and was hurt when the object or shelf collapsed on them. The store may argue that the plaintiff was somewhat responsible for their own injuries.

Another typical argument is that the plaintiff did not take reasonable steps to reduce damages. For instance, suppose a plaintiff fell in a store and declined medical treatment offered by the store, and they eventually acquired a major infection and lost their limb as a result. The store owner could argue that the plaintiff failed to reduce their damages by refusing medical treatment in the first place.

What Are the Steps in Filing a Personal Injury Lawsuit Against a Retail Store?

Let's look at how to file a legal claim if you or your loved one slipped and fell at a grocery store. To make a claim, you need to speak with an expert personal injury lawyer who can walk you through the processes and represent you in negotiations with insurance companies and, if necessary, in court.

The actions you took to acquire evidence immediately after your fall and further material gathered by an attorney will help prove negligence. 

You should keep any medical invoices, receipts, and/or communications if you received medical assistance due to the injury. If you miss any work days, you should ask your supervisor for documentation. In addition, if you filed a police report, you should ask for a copy of it.  

An expert personal injury attorney, particularly one who specializes in store injuries, such as a store accident lawyer, could assist you in gathering and organizing all the evidence you'll need to file a successful claim against the retailer. Furthermore, an experienced store injury lawyer will assist you in ensuring that any video or other evidence recorded by the retail store is retained for future reference when investigating the incident. 

Additional Things to Note Regarding Slip and Fall Cases at Grocery Stores

If you are injured, take photographs of your surroundings as well as the dangerous condition that caused you to fall. It's also critical to record the exact shape, size, and texture of the dangerous condition. For example, when a liquid substance is dispersed over a big area or leaves several footprints, it is often reasonable to assume that the substance was on the floor for a long time and that the store owner should have seen and removed it.

Should I Consult an Attorney Before Filing a Lawsuit Against a Retail Store?

If you have been harmed due to a retail store's negligence, you should contact a qualified and knowledgeable personal injury attorney immediately. Bringing a lawsuit against a business can be a difficult and time-consuming procedure, not forgetting the expenses involved. 

Even if you are aware that you require legal assistance, you may not be aware of the role of an attorney in a slip and fall lawsuit. This is because many complicated legal standards and timelines apply to injury claims.

A qualified attorney will fight to establish liability and obtain the proper compensation you need to meet your medical expenses and other damages incurred. This will allow you to go on with your life after the injury without worrying about the cost of treatment, damaged property, and other expenses. 

How Can Morgan & Morgan Slip and Fall Attorneys Help?

Morgan & Morgan's supermarket slip and fall lawyers will handle the following aspects of your case:

• Creating and filing the required legal documents  
• Gathering and evaluating relevant evidence
• Reviewing eyewitness testimony
• Examining medical records
• Obtaining the opinions of experts and specialists
• Negotiating a reasonable settlement with the negligent party 
• If negotiations fail, our attorneys will file a lawsuit on your behalf 

Morgan & Morgan supermarket slip and fall lawyers have years of experience obtaining financial compensation for clients injured in such incidents caused by someone else's negligence. So if you or your loved one has been injured after slipping and falling at a store, fill out our free case evaluation form, and one of our legal representatives will contact you to discuss your legal options.