Slip and Falls in Stores – Your Rights and Legal Options

Slip and fall accidents are more common than you might think, and retail stores are one of the most frequent places where these incidents occur. 

Stores like Walmart, Home Depot, Kroger, Publix, and Costco attract thousands of customers daily, increasing the likelihood of hazards that can lead to accidents. When property owners and managers fail to maintain safe premises, customers can suffer serious injuries, leading to costly medical bills, lost wages, and even long-term disabilities.

If you or a loved one has experienced a slip and fall in a retail store, you may be entitled to compensation for your damages. Below you can discover more about common causes of slip and falls in stores, how liability is determined, and how Morgan & Morgan can help you recover what you deserve.

Common Causes of Slip and Falls in Retail Stores

Retail stores have a responsibility to ensure their premises are safe for customers. Unfortunately, many hazards can lead to slip and fall accidents, including:

Spilled Liquids

Stores like Walmart, Kroger, and Publix often have high foot traffic in areas where liquids are sold, such as beverage aisles or near refrigeration units. Spilled drinks, leaking coolers, or even rainwater tracked in from outside can create dangerously slippery floors.

Loose Floor Mats and Rugs

Home Depot and Costco often use floor mats in entryways and high-traffic areas. If these mats are improperly placed or worn out, they can bunch up, creating a tripping hazard.

Poor Lighting

Dimly lit areas, such as parking lots or storage sections in large stores, can make it difficult to see potential hazards. Poor lighting increases the likelihood of trips and falls.

Debris and Clutter

Retail stores that fail to promptly clean up merchandise, boxes, or other debris in aisles can create serious tripping hazards. This is particularly common in busy warehouses like Costco or during restocking hours at Kroger or Publix.

Wet Floors Without Warnings

Freshly mopped floors without proper signage are a frequent cause of slip and falls. Stores like Walmart and Home Depot must place clear “Wet Floor” signs to warn customers of temporary hazards.

Uneven Flooring

Cracked tiles, worn carpets, or uneven surfaces can cause customers to lose their footing. Retailers have a duty to fix these issues promptly.

Who Is Liable for a Slip and Fall in a Store?

Department store owners and store managers have a legal obligation of duty to care. This obligation requires them to take all reasonable measures to avoid exposing visitors to dangerous conditions while at the store or within its premises. Should they fail to do so, they'll be responsible for injuries the visitors may sustain while on their premises.

So yes, they are if they failed to prevent or rectify a defective condition that led to your injury within a reasonable period.

The retail store premise is not only restricted to the display aisles. Other areas include:

• Parking lots.
• Restrooms.
• Fitting rooms.
• Walkways.
• Checkout lanes.

And any other area accessible to the customers while on the premises.

Determining liability in a slip and fall case depends on whether the store’s negligence caused or contributed to the accident. 

In order to recover compensation from a premises liability claim against a corporation, the defendant must prove the following:

The company (Walmart, Publix, or others) owned, occupied, or leased the property

It must be made clear that Walmart owned, occupied, or leased the property and had a duty to inspect the store and grounds to ensure the property was reasonably safe for guests to use as intended.

The company was negligent in using the property

Once ownership is established, the next element is to show that the company failed in its duty of care to warn visitors of known dangers on the property that a guest may not discover on their own. The duty of care is also applicable to conditions of the property that the owner should have discovered had reasonable vigilance been exercised to ensure guests would not come to harm. The crucial aspect of this element is to establish that the defendant had a duty of care toward visitors at the time of the accident.

The plaintiff was injured

While a dangerous condition can be present on a property, without an injury, there is no premises liability claim. You must show that you were injured by providing medical records and bills that describe the extent of your injuries and statements by any treating physicians. You can also give your own testimony about how your injuries have affected your life.

The company's negligence was a substantial factor in causing your injuries

The final element is to demonstrate that negligence on behalf of the property owner was a significant factor in you coming to harm. Furthermore, you must show that harm to a guest must have been reasonably foreseeable, and the property owner did not take action.

Retailers like Walmart, Home Depot, Kroger, Publix, and Costco have protocols to handle spills, clutter, and other hazards. However, when employees fail to follow these protocols or when management neglects routine inspections, liability often falls on the store.

Examples of Slip and Fall Cases in Major Retailers

Walmart

Walmart is one of the most commonly sued retailers for slip and fall accidents due to its vast number of locations and high customer volume. Common hazards include spills in grocery sections, debris from restocking shelves, and slippery entryways during rainy weather.

Home Depot

Home Depot’s large-scale inventory of heavy tools and construction materials can create unique hazards. Customers frequently report tripping over loose items in aisles, slipping on wet floors near garden centers, or encountering uneven surfaces in parking lots.

Kroger

Grocery stores like Kroger see frequent slip and fall claims due to liquid spills, especially in produce and dairy aisles. Restocking activities often lead to cluttered aisles, further increasing risks.

Publix

Publix, popular in the southeastern United States, faces slip and fall claims tied to spills, wet floors in entryways, and tripping hazards from misplaced merchandise.

Costco

Costco’s warehouse-style layout and bulk merchandise can create hazards such as falling items, debris from unpacking pallets, and slippery floors near food court areas.

Target

Target stores are often busy and feature a wide range of merchandise. Slip and fall hazards may arise from spilled liquids in grocery sections, fallen items from shelves, or debris in high-traffic areas like entryways.

Dollar General

Dollar General locations are smaller, but cluttered aisles and poorly maintained floors can create significant tripping hazards. Customers have reported accidents caused by boxes, debris, and spills left unattended.

Winn-Dixie

Winn-Dixie stores, known for their grocery offerings, often face slip and fall claims from spills in produce and frozen food sections. Wet floors in entryways during rainy weather are another common hazard.

Aldi

Aldi’s cost-effective, self-service model means customers often navigate narrow aisles with stacked products. This layout can lead to tripping over debris, slipping on spills, or encountering uneven flooring.

Whole Foods

Whole Foods markets focus on fresh and organic items but are not immune to slip and fall hazards. Customers frequently report slipping on spills in produce sections or wet floors in seafood areas.

Lowe’s

Lowe’s home improvement stores have unique hazards, including spills in garden centers, tripping hazards from loose inventory in aisles, and uneven flooring in outdoor areas.

Safeway

Safeway grocery stores have similar hazards to other chains, including spills in refrigerated aisles, cluttered walkways during restocking, and slippery entryways during inclement weather.

What to Do After a Slip and Fall in a Store

If you’ve been injured in a slip and fall at a retail store, taking the following steps can strengthen your claim:

Report the Incident

Immediately notify store management of the accident. Request that they document the incident in an official report, and ask for a copy.

Take Photos and Videos

Document the scene of the accident, including the hazardous condition that caused your fall. Photograph your injuries, as well as the surrounding area (e.g., wet floors, missing signs, or debris).

Gather Witness Information

If others saw your fall, collect their names and contact information. Witness testimony can be crucial in proving your claim.

Seek Medical Attention

Even if your injuries seem minor, seek medical care immediately. Medical records will serve as evidence and ensure that your injuries are treated promptly.

Avoid Speaking to Insurance Adjusters

Do not provide recorded statements or sign any documents without consulting a lawyer. Insurance companies often attempt to minimize payouts by shifting blame onto the victim.

Contact Morgan & Morgan

An experienced attorney can help you navigate the legal process, gather evidence, and negotiate with the store’s insurance company to secure fair compensation.

What Damages Can You Recover in a Slip and Fall Case?

If you’ve been injured in a slip and fall accident due to a store’s negligence, you may be entitled to compensation for a variety of damages. These damages are typically divided into two categories: economic damages, which cover tangible financial losses, and non-economic damages, which compensate for the personal and emotional impact of your injury.

Medical Expenses

Medical costs often account for the largest portion of a slip and fall settlement or award. You may be eligible to recover compensation for:

• Past medical bills: This includes emergency room visits, hospital stays, diagnostic tests (like X-rays or MRIs), medications, and physical therapy incurred directly after the accident.
• Current treatment: Ongoing medical care needed to address injuries, such as surgeries, rehabilitation, or specialist visits.
• Future medical costs: If your injury requires long-term care or you develop complications, you can seek damages to cover anticipated medical expenses, such as chronic pain management, mobility aids, or home health services.

Lost Wages

Slip and fall injuries can result in time away from work, leading to lost income. You may be entitled to compensation for:

• Missed workdays: Covering the income you couldn’t earn during your recovery period.
• Missed opportunities: If the injury prevented you from pursuing new career opportunities, bonuses, or promotions.

Future Lost Income

In cases where the injury results in a long-term or permanent disability, victims may be unable to return to their previous job or earn the same level of income. Damages can cover:

• Reduced earning capacity: Compensation for the difference between what you were earning before the accident and what you are capable of earning post-injury.
• Long-term disability: Financial support for those who are unable to work again due to severe or permanent injuries, such as spinal cord injuries, traumatic brain injuries (TBIs), or other debilitating conditions.

Pain and Suffering

Slip and fall accidents often cause more than just physical harm. Non-economic damages aim to address the emotional and psychological toll of the incident, including:

• Physical pain: Compensation for ongoing or chronic pain resulting from your injury.
• Emotional distress: Covers psychological impacts like anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
• Loss of enjoyment of life: If your injury limits your ability to participate in activities you once enjoyed, such as hobbies, sports, or spending time with loved ones.
• Permanent disfigurement or scarring: Damages for the emotional impact of living with visible scars or other permanent changes to your appearance.

Property Damage

If your personal property was damaged during the slip and fall incident—such as a broken phone, damaged glasses, or torn clothing—you may be able to recover the costs of repair or replacement.

Out-of-Pocket Expenses

Victims often incur additional expenses related to their injury and recovery, such as:

• Transportation costs to and from medical appointments.
• Home modifications (installing ramps or grab bars) to accommodate a disability.
• Hiring help for household tasks, childcare, or other responsibilities you’re temporarily unable to manage.

Punitive Damages

In rare cases, where the property owner’s actions were particularly reckless or egregious, you may be awarded punitive damages. These are not meant to compensate you for your losses but to punish the negligent party and deter similar behavior in the future.

Morgan & Morgan Can Help

At Morgan & Morgan, we understand how life-changing a slip and fall accident can be. Our experienced attorneys have helped thousands of clients recover compensation for their injuries, including those injured in major retail stores like Walmart, Home Depot, Kroger, Publix, and Costco.

We offer slip and fall victims a free case evaluation to assess the strength of their claim. If we can work together from there, a dedicated legal team will gather evidence and build a compelling case.

Morgan & Morgan never charges upfront fees, so you won’t have to worry about any additional expenses or headaches. You can focus on your recovery, health, and wellness while we handle the legal complexities of your case. Our Fee Is Free™, and you only pay if and when we win your case or recover your settlement.

Our attorneys have a proven track record of holding major corporations accountable for their negligence, ensuring that our clients receive the justice and compensation they deserve.

If you or a loved one has been injured in a slip and fall accident at a retail store, don’t wait to take action. The sooner you contact us, the better we can preserve evidence and build your case. 

Call us today or fill out our online form for a free, no-obligation case evaluation. Let us help you recover the compensation you need to move forward after your accident.

What proof do I need to show that my slip and fall claim is valid?

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
• Your own gathered evidence, such as photos or videos taken at the scene of the accident

Who can I 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.  

An experienced attorney at Morgan & Morgan can evaluate your case and assist you to determine who may be at fault.

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.

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. 

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.

Morgan & Morgan are fully aware and experienced with these common tactics and understand how to navigate these defenses. 

What are the steps in filing a personal injury lawsuit against a retail store?

To make a slip and fall personal injury 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. An experienced store injury lawyer can also assist you in ensuring that any video or other evidence recorded by the retail store is retained for future reference when investigating the incident. 

If you’re ready to take your first steps toward justice, you can contact Morgan & Morgan today. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.