Grocery Store Accident Lawsuit in Florida

A store may be liable to compensate a customer if they are injured in the store in Florida. Many of the accidents that happen in stores, especially grocery stores, are slip-and-fall accidents. They can be caused in a number of ways, but a common scenario is for an employee to mop a section of the floor. They may then not put up the required signs warning of the hazard. As a result, someone falls and suffers injury. The victim might have a claim for compensation.

Some common accidents that could lead to liability for the victim’s injuries on the part of the store are the following:

• Slip and fall accidents due to items that are out-of-place on the floor and not in a display case
• Slip and fall accidents caused by spills that are not promptly cleaned up or wet floors
• Improperly positioned floor mats
• Items that fall
• Pavement in sidewalks and parking lots that is uneven or damaged and causes customers to trip.

While there are many more kinds of accidents that may occur at a grocery store or other type of retail outlet, these seem to be the most common. If an individual has been injured in an accident in a store, they want to talk to a local Florida lawyer about what happened to them and how they should proceed if they want to sue a grocery store.

Among the most common injuries that customers and employees of stores sustain in accidents are the following:

• Bone injuries, such as fractures of the bones of the arms, legs, and hips
• Cuts and bruises from contact with sharp edges and hard surfaces
• Traumatic brain injuries and concussions
• Spinal vertebrae and spinal cord injuries
• Facial and dental injuries, e.g., broken teeth.

If a victim of a store accident is able to prove negligence on the part of the store, they would be able to recover damages from the store to compensate them for their injuries.

What Is the Duty of Care for Grocery Stores?

Florida personal injury laws provide that all retail outlets have a duty to operate their stores so as to ensure that the premises are safe and clean for customers. Stores must take all reasonable steps necessary to fulfill this duty.

Florida law requires that if somebody slips and falls in a grocery store on a foreign substance, they must prove that the store had either actual or constructive knowledge of the dangerous condition and should have fixed it. A customer must prove this in order to recover compensation for their injuries.

The term “actual knowledge” means that store personnel actually knew that there was a dangerous condition in the store that caused a customer or employee to fall. The term “constructive knowledge” means that store personnel may not have known about the dangerous condition but should have known if they were acting like reasonably careful and cautious store managers.

Constructive knowledge can be shown in the following ways:

• The dangerous condition existed for such an amount of time that the store should have known about it. If the store had exercised ordinary care, they would have known about it.
• The condition that caused injury existed in the store regularly and so it was foreseeable.
• Employees of the store were in close proximity to the condition before the fall.

How Can I Sue a Store for My Injury?

When a victim has recovered sufficiently, they want to have a lawyer consultation to discuss their situation. A victim’s lawyer can review the facts and help document the incident and the victim’s injuries. The lawyer can evaluate the individual’s case, review whether the store is likely to be liable and what its defenses might be.

If a victim’s lawyer determines that a store is likely to be liable, they will first pursue a settlement by submitting a demand for payment of damages to the property owner. If the store and the victim cannot agree on a settlement, the victim must file a lawsuit against the store owner seeking damages to compensate them for their losses. They would allege negligence on the part of the store in causing their injuries. They would seek compensation for the non-economic and economic damages as follows:

• All costs of medical treatment
• The cost of future medical treatment
• Wages or salary lost due to any inability to work
• Loss of future earnings
• Loss of the enjoyment of life
• Emotional distress that has been caused by the accident and consequent injuries
• Pain and suffering, which, in Florida, includes both physical and mental pain and suffering.

What Should I Do if I Am Injured in a Store?

Of course, the first thing that an individual always wants to do when injured is to get the medical attention they need. This is the number one priority. A victim wants to document their injuries carefully so they can be assessed later by independent experts. They might want to take photographs of their injuries.

The store may try to argue that the victim suffered an injury before or after their in-store accident. This is why a victim wants to seek medical attention immediately when they are injured and make sure their injuries and treatment are documented.

If it is possible, without risking one’s health, a person would want to document the condition that caused their injury, e.g., by taking photographs that show the circumstances.

Finally, a victim wants to keep any proof that documents the expenses related to treating their injuries and property damage. A person should keep track of time they lost from work because they were unable to perform their duties or had to miss work for medical treatment.

What Types of Defenses Does a Grocery Store Have?

The owners of retail outlets turn to their insurance companies to defend them in lawsuits filed by injured customers. Usually, it is the insurance company that pays a settlement or an award of damages to the victim of an accident that causes them injury on the premises of a store.

Of course, the goal of the insurance company is to pay out as little as possible, and their lawyers will exploit every defense available to them. A victim and their lawyer must be prepared to meet the defenses of the property owner. The defense claims that are available include the following:

• The negligence of the victim themselves was the sole cause of their injury.
• The hazardous conditions were visible and obvious to the victim who should have avoided the situation. This makes
• the victim contributorily negligent.

Contributory negligence is one of the most common legal defenses in premises liability cases, such as those that arise from a slip and fall. If the victim was partly at fault, it could limit the amount that the store must pay in damages.

Specifically, in Florida, in all actions based on a theory of negligence other than those for medical malpractice, if the victim is more than 50% at fault, they cannot recover any amount in damages. If the victim’s fault is determined to be less than 50%, then they could recover an amount in damages that reflects the percentage of the property owner’s fault, i.e., 50% or less. As soon as the victim’s fault reaches 51%, their ability to recover is eliminated completely.

• The victim assumed the risk of harm, perhaps by signing a waiver of some kind.
• The victim waived their legal claim.
• The statute of limitations has expired.

Should I Hire a Lawyer if I Have Been Injured at a Grocery Store?

If you have been injured in a grocery store accident, you want to consult a Florida personal injury attorney. LegalMatch.com can connect you to an experienced attorney who can review the facts of our case and tell you if you are in a position to recover damages from the property owner. If you have a solid case, your attorney can guide you through the process of demanding compensation and filing a lawsuit if that becomes necessary.