Slip and fall injuries occur more frequently than you realize. One second you’re strolling down the aisle in a store, and the next you’re lying on the floor with a pounding sensation in your back or wrist. In the midst of the chaos, you may ask yourself: Can I sue the store for this?
The short answer is: Yes, sometimes. But how strong your case is depends on a few factors. Let’s go through them in simple terms so you can see what to do next.
When Can You Sue a Store for a Slip & Fall?
Stores have a duty to make their premises reasonably safe for customers. If they don’t—and you get injured in the process—you might have a case. Here’s when a store might be held liable:
- The Store Knew (Or Should Have Known) About the Hazard
- If the spill, wet floor, broken tile, or other hazard had been unattended for an extended period, the store could be liable.
- Example: The grocery store has a leaking freezer that leaves a puddle, yet no “Caution: Wet Floor” sign is put out, and no one comes to clean it up.
- The Hazard Was Directly Caused by the Store’s Actions (Or Inaction)
- Example: A worker mops the floor but fails to close off the area or notify customers, and someone slips.
- You Were Acting Normally (Not Recklessly)
- If you were dashing through a no-running area or sidetracked by your cell phone, the store could say you are partly responsible. But if you were proceeding cautiously and still slipped over an unseen hazard, the store may be held accountable.
When Is the Store NOT Liable?
Every slip and fall is not a winning lawsuit. The store may not be liable if:
- The risk was apparent (such as a wet floor clearly marked).
- You were in a restricted area that customers are not supposed to enter.
- The store resolved the issue promptly (such as a spill that had just occurred and employees were already heading to mop it up).
What to Do If You Slip & Fall
If you were injured, do the right things and it will significantly impact your case:
- Get Medical Attention – Even if you don’t think you were hurt, some injuries (such as concussions or soft tissue) don’t appear until later. A doctor’s report also records your injuries.
- Report the Incident – Inform the store manager and request a written incident report. Ask for a copy if you can.
- Collect Evidence – Photocopy the hazard, injuries, and the site where you slipped. Get witnesses’ contact details, if any.
- Don’t Provide Statements to Insurance Providers – Insurers may attempt to elicit something from you that undermines your claim. Refuse to provide information until you consult with an attorney.
- Seek Advice from a Slip & Fall Attorney – A lawyer can examine your case, decide whether the store was negligent, and assist you in seeking reasonable compensation for medical expenses, lost income, and pain and suffering.
Will You Have to Go to Court?
Most slip and fall claims are resolved outside of court. Retailers (and their insurance companies) may want to avoid a public trial and might offer a settlement. But if they won’t accept responsibility, a lawsuit may be required.
Final Thoughts
If you tripped and fell at a store because of their own carelessness, you might have a claim. The most important thing is to show that the store knew (or ought to have known) about the danger and didn’t do the right thing.
Each case is unique, so if you are seriously injured, don’t automatically think you have no choice. Consult with a personal injury attorney—many provide free consultations—to determine whether you have a case to pursue.
Be safe, and be careful!