Slips, Trips, and Retail Risks: Your Guide to Store Safety

Aside from spending too much money, a slip and fall accident is one of the most common incidents in a mall or retail store. Both customers and employees face potential hazards that can lead to painful accidents and lasting physical and financial impacts.

Common Types of Retail Store Hazards Leading to Accidents

Retail stores are bustling environments with high foot traffic, frequent stock changes, and often busy employees. These conditions can contribute to several common hazards.

Wet or Slippery Floors

Spills, cleaning, or even wet weather can lead to slippery floors. If the store doesn’t mark or clean these areas quickly, customers and employees are at risk of slipping.

Uneven or Damaged Flooring

Torn carpeting, damaged tiles, broken floorboards, and uneven surfaces can create tripping hazards, which, if left unaddressed, can cause serious falls.

Falling Merchandise

Merchandise that’s stacked improperly or stockroom shelves that are overloaded can pose risks of items falling. Heavy items can cause injuries to the head, shoulders, or other body parts.

Poor Lighting

Inadequate lighting in certain areas, such as stairwells, corners, or stock rooms, can make it hard for customers and employees to spot hazards, increasing the risk of trips or falls.

When hazards like this are not addressed promptly, they can put customers and employees at risk of slip and fall incidents. 

Who can be held liable in retail store accidents?

When it comes to slip and fall accidents in retail stores, liability can be complex and involve multiple parties. It isn’t always solely due to retail store negligence.

Store Owners

Store owners are generally responsible for maintaining a safe environment for anyone on their property. If an issue isn’t addressed swiftly, the store owner may be liable.

Store Employees

Employees are expected to follow certain safety protocols, report hazards, and maintain clean and safe spaces within the store. If someone is injured because an employee fails to clean up a spill promptly, the employee may share liability with the store owner.

Third-Party Contractors

Third-party contractors, such as maintenance workers, cleaning crews, etc., may also bear responsibility if their actions lead to unsafe conditions. For example, if a cleaning contractor leaves a floor wet without adequate warning signs, they may be partially liable for any resulting injuries.

The role of safety regulations and inspections in preventing retail store accidents

Retail stores must adhere to strict safety regulations to ensure the safety of both employees and customers. Occupational Safety and Health Administration (OSHA) guidelines mandate that employers must maintain a safe environment, regularly inspect the premises, and address hazards as soon as they are identified. Key practices to help prevent accidents include:

• Routine Inspections: Identify any safety issues and address them before accidents occur.
• Prompt Hazard Response: Safety and cleanliness hazards should be addressed promptly.
• Clear Signage and Warnings: Clear warning signs should be used when an issue cannot be immediately remedied. 

Steps to take after being injured in a retail store

If you experience a slip and fall accident in a retail store, there are critical steps to follow to ensure your health and protect your legal rights:

Report the incident

Immediately inform the store manager or an employee of the incident, and be sure to obtain a copy of the incident report for your records. 

Gather Evidence

Take photos of the hazard that caused the fall and the surrounding area. Get the contact information of any witnesses who saw the incident.

Seek Medical Attention

Even if you don’t feel seriously injured, some injuries may not present symptoms immediately, so seeing a healthcare professional is necessary.

Keep Documentation

Save any medical bills, prescriptions, and records of missed work days, as they can help support your pursuit of a claim.

Contact Morgan & Morgan

A slip and fall lawyer can help you navigate the claims process and ensure you understand your rights. They can assist in determining who is liable for your injuries and help you seek compensation.

Retail store employee injuries: Workers’ compensation vs. personal injury claims

Retail employees face the same hazards as customers, but their compensation options differ. 

Workers’ Compensation Claim

Workers’ compensation provides benefits for employees who have been injured while working. These may include payment of medical expenses and lost wages, but typically, they do not include pain and suffering. Employees who file a workers' compensation claim cannot sue their employer for additional damages. 

Personal Injury Claims

If an employee’s injury was caused by a third party’s negligence (such as a contractor’s unsafe practices), they may have grounds for a personal injury claim. Unlike workers' compensation, a personal injury claim could allow for broader damages, including pain and suffering, but requires evidence of negligence. 

In some cases, both claims may be possible if negligence is shared by both the employer and a third party. An experienced slip and fall accident lawyer can assist in filing the right claim for the situation. 

Your Questions Answered: Slip and Fall Claims in Retail Stores

What should I do if I slip and fall in a retail store?

If you slip and fall in a retail store, follow these steps to preserve your health and legal rights:

• Report the incident to a store employee or manager and request an incident report.
• Take photos of the accident scene, including any hazards that caused your fall.
• Gather contact information from any witnesses.
• Seek medical attention, even if injuries seem minor, as some symptoms may not immediately appear.
• Keep records of medical bills, missed work, and other costs.
• Contact a personal injury attorney for guidance on the next steps and potential compensation.

Can I sue a store if merchandise falls off a shelf and injures me?

You may be able to sue if merchandise falls off a shelf and injures you. Store owners and employees are responsible for maintaining safe display practices. If negligence in stocking or stacking merchandise led to the accident, the store could be liable for your injuries. Consult with a slip and fall accident lawyer to understand your rights and determine if you have grounds for a claim.

How long do I have to file a claim after an accident in a retail store?

The time limit to file a claim, known as the statute of limitations, varies from state to state. Acting as soon as possible is best. An experienced attorney at Morgan & Morgan can provide specific guidance based on your location and situation.

Can I recover damages for emotional distress after a retail store accident?

Yes, it may be possible to recover damages for emotional distress. The severity of your injuries and their impact on your life may determine this. If the accident caused significant physical injuries, psychological distress, or long-term consequences, you may be eligible for compensation for emotional suffering as part of your personal injury claim.

Are retail stores required to carry insurance to cover customer injuries?

Yes, most retail stores carry liability insurance to cover injuries that may occur on their premises. This insurance can help compensate for medical bills, lost wages, and other costs related to customer injuries. However, insurance companies may seek to minimize payouts, so consulting an attorney can help ensure you receive fair compensation.

What evidence should I gather after an accident in a retail store?

After an accident, gathering strong evidence can support your claim. Key evidence includes:

• Photos of the accident scene and the hazard that caused the slip and fall.
• A copy of the store’s incident report.
• Witness statements and their contact information.
• Medical records documenting your injuries and treatment.
• Receipts or bills for any costs related to the accident. An attorney can help you gather and organize evidence to strengthen your case.

Can I still file a claim if the store blames me for the accident?

Yes, you can still file a claim, even if the store tries to blame you for the accident. Some states follow comparative negligence laws, meaning that even if you are found partially at fault, you may still recover damages—although the amount could be reduced based on your percentage of responsibility. 

A slip and fall attorney at Morgan & Morgan can discuss your legal options, the validity of your claim, and what your case may be worth.

Contact Morgan & Morgan for Help

Retail store slip and fall accidents are common hazards for employees and customers. Still, injured parties can protect their health and legal rights by understanding the risks, knowing how liability works, and following proper steps after an accident. If you have suffered from an accident in a retail store or mall, a slip and fall lawyer can help you navigate the claims process and secure the compensation you deserve.