Store Slip and Falls: What Should Injured Shoppers Know?

A shopping trip can unexpectedly result in an injury when a customer slips or trips on a hazardous condition inside a store. Grocery stores, department stores, pharmacies, shopping centers, and other retailers regularly experience spills, dropped merchandise, damaged flooring, and other conditions that may create risks for shoppers.

When a store slip and fall occurs, determining responsibility is not always as simple as showing that someone fell on the property. California premises liability law often requires considering the condition that caused the accident, whether the store knew or reasonably should have known about it, and whether reasonable measures were taken to address the hazard. Understanding these problems can help injured shoppers make informed decisions about what to do after an accident.

Common Causes of Store Slip and Falls

Stores can contain many potential slipping and tripping hazards. Some develop unexpectedly, while others may remain unnoticed until someone reports them or an employee discovers them during an inspection. Common conditions associated with store slip and falls may include, but are not limited to, the following. 

• Spilled liquids or food
• Recently mopped or waxed floors
• Water near entrances during rainy weather
• Leaking refrigerators or freezers
• Broken or uneven flooring
• Loose rugs or floor mats
• Damaged stairs or handrails
• Poor lighting
• Electrical cords extending across walking areas
• Produce or other debris on grocery store floors

Who May Be Liable

California property owners and businesses usually have a duty to use reasonable care in maintaining property under their control. In a premises liability case involving an unsafe condition, important questions may include whether the condition created an unreasonable risk of harm, whether the business knew or reasonably should have known about the condition, and whether reasonable steps were taken to repair the condition, protect customers, or provide an adequate warning.

If a store employee knew that liquid had spilled in an aisle but failed to clean the area or provide a warning within a reasonable period of time, those circumstances may be relevant when evaluating liability. Another important issue is constructive notice. A business may not have directly known about a dangerous condition, but the circumstances may indicate that the condition existed long enough that a reasonable inspection could have discovered it.

The Steps to Take after a Slip and Fall 

The moments following a fall can be confusing, especially when an injury is painful or unexpected. When possible, taking certain steps may help preserve information about what occurred. Victims should consider reporting the incident to a manager or a store employee. It may also be helpful to take photographs and videos. 

If anyone witnessed the accident, consider obtaining their name and contact information. Witnesses may later be able to describe the condition of the area or the events surrounding the fall.

The Importance of Surveillance Footage 

Many retail businesses use security cameras throughout their stores. Video footage may show the accident itself or provide information about how a hazardous condition developed. Surveillance footage could show when a spill occurred, whether employees walked past the area, whether an inspection took place, or how long the condition existed before the accident.

Other records may also be relevant, including inspection logs, cleaning schedules, maintenance records, employee reports, photographs, and incident reports.

Types of Injuries 

A slip and fall can cause different types of injuries depending on how a person lands, the surface involved, age, and other circumstances. Potential injuries may include but are not limited to: 

• Sprains and strains 
• Fractures 
• Back and neck injuries 
• Knee or shoulder injuries
• Cuts
• Bruising
• Head injuries

It is also important to note that some symptoms may appear immediately, while others may become more noticeable a few days after the initial accident.

Types of Compensation

Depending on the circumstances, recoverable damages may include but is not limited to the following. 

• Reasonable medical expenses 
• Future medical care
• Lost income 
• Reduced earning capacity 
• Non-economic pain and suffering 

The existence and amount of recoverable damages depend on the specific facts of a case. No specific outcome or amount of compensation can be guaranteed.

Comparative Fault in California 

California follows comparative fault principles. This means a shopper's overall behavior may be considered when determining responsibility for an accident. In addition, the evidence surrounding the accident must also be considered, including the nature of the hazard, the store's actions, available warnings, witness testimony, photographs, and other relevant information.

Statute of Limitations

Legal claims are subject to deadlines known as statutes of limitations. The applicable deadline can be different depending on the parties involved and the circumstances of the accident. Waiting too long can also make evidence more difficult to obtain. Surveillance footage may be overwritten, witnesses may become harder to locate, and records may become unavailable.

Seeking Legal Guidance and Support 

Premises liability cases may involve multiple questions about who controlled the property, how the hazardous condition developed, how long it existed, whether reasonable inspections occurred, and whether the business had enough notice to address the condition. A legal evaluation may include reviewing the following. 

• Photographs 
• Medical records
• Surveillance footage
• Maintenance records 
• Witness statements 
• Incident reports 

The Legal Team at KAASS LAW

If you were injured in a slip and fall at a grocery store, retail store, shopping center, pharmacy, or another commercial property, KAASS LAW can review the circumstances surrounding the incident and discuss potential legal options. This may be important when proceeding through the legal process for both victims and their loved ones. Don’t wait! Call KAASS LAW today to learn more.