Yes, a grocery store in Texas may be held liable for a customer’s injury when the store’s negligence was the direct cause of their injury. The most common type of injury a customer will sustain is a slip and fall accident. This type of accident may occur when something obstructs the aisles, such as fallen products or produce, a wet floor, or unattended hand trucks or ladders.
In certain situations, a grocery store will be held liable when a customer sustained an injury while they were on the premises of the grocery store. The store, however, may not always be liable. In most situations, a grocery store will take preventative steps, such as putting up warning signs or wet floor signs in any dangerous areas to notify customers of the dangers they should avoid.
Although the state laws that govern store liability for customer’s injuries can vary, there are some general legal elements a plaintiff will typically need to prove to show that the store was negligent. Negligence is a failure to use reasonable care which results in an injury to an individual.
In order to show that a grocery store was negligent, the injured party will need to show:
- The property owner owed the individual a duty to protect or warn
- The property owner breached that duty
- As a result, the plaintiff was injured because of the breach of duty to protect or warn
To find out more about what a Texas plaintiff will need to prove to obtain compensation for their injuries at a grocery store, it is important to consult with a local Texas lawyer.
What Is the Duty of Care for Grocery Stores?
Under Texas personal injury laws, individuals who own and operate grocery stores have a responsibility to customers to keep them safe while on the premises. In legal terms, this is referred to as the duty of care.
The duty of care requires the owner of a grocery store to take reasonable steps to make sure that the store is kept clean and safe for customers. Examples of steps grocery store owners must take under the duty of care include making sure aisles are clear of spills or broken glass and that the premises are safe.
One specific example is when a bottle of liquid, such as olive oil, falls on the floor of the grocery store and breaks. The employees of that store have a duty of care to take reasonable steps to mop up the oil, sweep up the glass, and ensure that customers are made aware of the danger by setting up warning signs.
If the employee does not take these steps, the grocery store may be liable if a customer is injured because of this spill. The grocery store can also be held liable for the customer’s injuries if the employees of the grocery store were not properly trained to take the proper steps to keep the store safe and clean and fulfilling their duty of care to reduce the likelihood that a customer will sustain an injury.
How to Sue a Store for Injury
It can be possible for an individual to sue a grocery store if they were injured while on the premises. They may be able to sue for compensatory damages in a civil court.
A lawsuit based on an injury which resulted because of premises liability issues, such as slip and fall accident, will most likely be a personal injury claim. Compensatory damages are monetary amounts that are awarded to plaintiff’s impersonal injury claims.
These damages can help the injured individual pay for their medical bills, in addition to any income that has been lost from missing work due to the injuries. For example, if the plaintiff can demonstrate that the owner of the grocery store created a dangerous condition or was aware of the dangerous condition but did not take reasonable steps to fix it, it may be considered negligence. Examples of factors that may show that a grocery store was negligent may include:
- The same dangerous condition caused another individual to be injured in a similar previous accident
- The grocery store employees were aware of the dangerous condition but did not fix it or exercise the proper duty of care
- The dangerous condition existed for an extended period of time before it was fixed
What To Do if Injured in a Store
If an individual is injured in a grocery store, they may need to show several elements to prove the grocery store was negligent and that the negligence was the cause of the accident or injury. For example, an individual may be able to show that the store failed to clean up a wet floor or shipping hazard or did not put up proper wet floor signs.
The injured party will also need to show that the accident was the direct cause of their injuries. In certain situations, a defendant store may argue that the injuries were actually sustained before or after the accident in the store.
Because of this issue, it is important for an individual to seek medical treatment immediately after they have any type of accident. This can help an individual’s case because their injuries will be documented by a medical professional.
It can also help to take clear and detailed pictures of any injuries or damages, whether they are to the individual’s body or their personal property. It is also important to provide documentation of any financial costs that resulted from the injuries or damages.
These documents will be used to calculate the plaintiff’s compensatory damages. Examples of what may be covered by compensatory damages may include:
- Medical bills
- Long-term treatment needs
- Repair bills
- Documentation of an inability to work
To find out more about what an individual should do if they are injured in a grocery store in Texas, it is important to have a lawyer consultation.
What Types of Defenses Does a Grocery Store Have?
A grocery store may have multiple defenses available if a customer is injured on the premises, such as:
- The alleged dangerous condition never existed
- The store employees were not aware of the dangerous condition
- The store employees could not have known about the dangerous condition because of its location
- The dangerous condition was obvious and could have been avoided
- Reasonable steps were taken to protect the customers from injury
- The dangerous condition did not actually cause the customer’s injuries
- The customer assumed the risk of injury by shopping in the grocery store
- The customer’s injury was sustained while they were in an area that was off limits to customers, for example, an employee break room
- The customer contributed to their own injuries based on comparative negligence or contributory negligence
One example of this may be if a customer created a spill intentionally as a prank but then injured themselves instead. Although they were injured in the store, they created the dangerous situation themselves.
Even if they did not intend to sustain an injury, because they created the dangerous situation and then were injured immediately, they did not have any reasonable expectation that the grocery store would warn them of the danger.
Should I Hire a Lawyer if I Have Been Injured at a Grocery Store?
If you suffered an injury at a grocery store in Texas, it is important to consult with a Texas personal injury attorney as soon as you can to gather the necessary evidence to show the store was negligent. Your lawyer will be able to assess whether or not you have a claim, represent you in court, and make sure you receive the compensation you are owed for your injuries.
You can easily use LegalMatch.com to find a personal injury lawyer near you in Texas for free. It will only take you about 15 minutes to submit your question on the website, and you will get responses from prescreened member attorneys in as little as 24 hours.
