Most slip and fall accidents in grocery stores are caused by wet surfaces, including those that are the result of spills as well as those that have been recently mopped and have not had proper time to dry. Additionally, uneven surfaces including potholes in the parking lot cause a great deal of danger and result in slip and fall injuries. Poor lighting, falling products, improperly treated areas of ice and snow, and improper cleaning such as excessive use of floor wax are also frequent causes of slips and falls by customers that cause injury.
The severity of slip and fall injuries varies vastly, depending on the call and the way in which the person falls. Common injuries from slip and fall accidents in grocery stores are bruises, fractured or broken bones, pulled muscles, back injuries, head and neck injuries, and even traumatic brain injuries from hitting one’s head.
After being injured in a grocery store slip and fall accident, the most important thing to do is seek immediate medical attention. Once you have taken initial steps to ensure that your injuries are being treated, contact a personal injury lawyer to determine whether you have a claim against the grocery store at which you were injured.
Grocery stores are subject to what is called premises liability. This means that the store has the reasonable responsibility to keep public spaces free of dangerous conditions. The grocer will be held liable if it is proven that their negligence caused the injury. In order to win a premises liability injury claim, the victim must prove that the business had a duty to maintain their space for the safety of their customers, that they had not fulfilled this duty, and that the victim was injured as a direct result of this negligence.
Despite premises liability, however, a business is not always responsible for the injury accident. For example, Philadelphia law upholds an Open and Obvious Doctrine. According to this doctrine, a customer is responsible for maintaining their safety by staying away from any open and obviously hazardous conditions. Falling after climbing up a pallet jack to reach an out-of-reach item or slipping in a dark employee’s only area may be actions that do not have a firm footing in a premises liability lawsuit.
In Foster v. Costco Wholesale Corp., this battle between premises liability and the Open and Obvious Doctrine played out. Companies have a “general duty of reasonable care” to customers. In Foster v. Costco, a customer tripped and fell over a pallet that was in the aisle. The district court ruled in favor of Costco, noting that the pallet represented an open and obvious danger and, as such, the wholesaler was not responsible for injuries incurred by it. Upon appeal to the Nevada Supreme Court, the ruling was overturned, noting that, regardless of a danger being open and obvious, a business has an expanded general duty of reasonable care to attend to dangers that are hazardous.
There is a fine line in Philadelphia law between what is the duty of the landowner or business operator and what is the risk assumed by a customer. Because there are thousands of dollars in medical expenses, out-of-pocket costs, lost wages, therapy expenses, and non-economic costs like pain and suffering that a victim incurs as a result of a slip and fall accident, you need to have an experienced personal injury lawyer on your side to make sure that you recover damages for the injury caused by a business’s negligence. We represent victims in Bristol, Newtown, Yardley, Fairless Hills, Doylestown, Levittown, and across Northeast Philly in recovering damages and moving swiftly on the road to recovery. Contact us at (215) 337-4915 today to discuss your injury claim.
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