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Injuries At A Store

What Should I Do If I Get Injured In The Store?

It's Saturday morning in June and you need to get some groceries. You made it to the grocery store and you're getting your shopping done. You get to the produce section and head toward the part where the produce misters are located.

You've got your eye on a certain head of fresh lettuce and start walking toward it when, boom, you suddenly slip and fall hard onto your back.

You're hurt - the back of your head hurts, your neck is painful and starting to swell, and your back aches from top to bottom. You're laid out on the floor and you can't get up.

You didn't know it, but you just slipped and fell on a big puddle of standing water on the floor. You did not see that there were a few wet footprints on the floor in other parts of the produce department - -  which might mean at least one person already walked through the standing water. It may have been there for a while and no store employees cleaned it up. And, there were no cones or signs to warn anyone of the hazard.

What does this mean? This means you just had a slip and fall, also known as a premises liability accident.

The store must be held accountable because:

  • The store had a duty to keep the store safe for visitors.
    • This includes keeping the floor clean and dry.
  • The store knew they had to put up cones right away to warn people of the danger and then clean up the water immediately.
  • The produce section is notorious for water problems.
    • This is because it has water misters that can cause standing pools of water.
  • There were a few wet foot prints in the produce section which means someone had stepped or walked in the puddle.
  • The store knew or should have known that there was a puddle posing a danger to others.
  • The store was supposed to warn of the danger and fix the problem.
  • The store failed to meet its duty to keep the store safe.
  • You got hurt because the store did not do its job.

What Should I Do If I Slip And Fall At The Store?

Read on to find out more.

Where Can Grocery Store Slip And Falls Happen?

A slip and fall accident, or another injury caused by the owner or manager of a place failing to keep it safe, can happen at any time and at any grocery store and at any public place.

Here are a few popular San Jose grocery stores where people can have a slip and fall accident:

  • Cardenas Markets
  • Costco Wholesale
  • FoodMaxx
  • Grocery Outlet
  • Lion Supermarket
  • Lucky 7 Supermarket
  • Lunardi's
  • Mi Pueblo
  • New Seasons Market
  • Nob Hill Foods
  • Safeway
  • Smart And Final
  • Sprouts Farmers Market
  • Target
  • Trader Joe's
  • Walmart
  • Whole Foods Market
  • Zanotto's

Besides Grocery Stores, Where Else Do Slip And Falls Happen?

A slip and fall can happen anywhere. Here are some specific places and problems:

  • Bars (liquor spills)
  • Garages (pavement problems, potholes, speed bumps)
  • Gyms (water and soap on the floor)
  • Hotels (bars, gyms, restaurants, and pools)
  • On the job
  • Parks (restroom)
  • Parking Lots (pavement problems, potholes, speed bumps)
  • Public places with wet surfaces
  • Public swimming pools (wet floors)
  • Resorts (bars, gyms, restaurants, and pools)
  • Restaurants (food and drinks fall onto the floor)
  • Restrooms (water and soap on the floor)
  • Shopping malls
  • Sidewalks (uneven sidewalks; cracks, potholes)
  • Walkways (uneven walkways; cracks, potholes)

Is There More Than One Type Of Slip and Fall?

Whenever someone takes an accidental fall, people can call it a “slip and fall”.

But, there are actually four types of accidental falls. They're all considered "premises liability" accidents:

  • Slip and fall: When you slip on a substance on the floor.

A classic example is slipping on a wet floor in the grocery store when there no signs to warn other people that the floor is wet.

  • Trip and fall: When you trip and fall over something left on the ground.
  • Step and fall: When you lose your balance after stepping into a hidden hole or the walking surface unexpectedly fails.
  • Stump and fall: When you fall because the surface itself upon which you are walking has some type of obstruction.

In addition to slip and falls, injuries happen to customers in many other ways. An example is when merchandise on a store shelf, or a store shelf itself, falls on a customer.

Does A Store Have To Pay When A Customer Gets Injured?

In California, the general rule about premises liability is that everyone has a duty to use ordinary care to prevent everyone else from being injured as the result of their conduct.  This means a store can be liable if a customer gets hurt at their store.

This means that a landowner must inspect their land or take other proper steps to find out the condition of their land.

If the dangerous condition that exists on a landowner's land would have been found through their “exercise of reasonable care,” then that landowner has a duty to give an adequate warning of the danger or to fix the danger.

So, whether the store is liable for a customer injury, or not, depends on whether the store took enough steps to find and fix a dangerous condition before the slip and fall happened.

What Are Common Slip And Fall Injuries?

Some injuries caused by such falls are:

 What Should I Do After A Slip And Fall?

  • Call 911 and wait for the ambulance
  • Summon store personnel if you are able
  • Do not talk about who is to blame
  • Do not make any statement to anyone except medical personnel
  • In a plastic bag, keep what you were wearing when you fell:

Your shoes
Your clothing

  • Don't wash anything - keep them just as they were when you fell
  • Take clear cell phone photos and video if you are able of these things:

The scene
What exactly caused your injuries
Your injuries themselves

  • Get the names and contact information of all these people, and email it to yourself through regular email (don't save it to social media):

Property Manager
Property Owner

  • Do not fill out any forms at the store

Do I Need An Attorney For My Slip And Fall Claim?

You can make your slip and fall claim yourself, but it's best to hire an attorney right away to fight your case for you.

If you or your loved one got hurt in a slip and fall, you need a good attorney to fight your case.

If you hire me, I will work on your behalf and fight for maximum payment on your dog bite case.

Protect your rights by talking to an attorney before you do anything besides: call 911 and seek medical care.

My name is Renée Yvonne Gardner. I am the attorney at Gardner Law. I speak Spanish - hablo español.

I am a San José slip and fall accident attorney. I have experience with personal injury and wrongful death accident

If were injured in a slip and fall, contact me at (408) 214-5555 or fill out the below form for a free consultation.

If your loved one passed away after a slip and fall, please call me about your wrongful death case. 

I am based in Santa Clara County but I represent injured people in these 12 California Counties:

 Alameda County ○ Contra Costa County ○ Fresno County ○ Marin County ○ Merced County ○ Monterey County ○ San Benito County ○ San Francisco County ○ San Joaquin County ○ San Mateo County ○ Santa Clara County ○ Santa Cruz County

Call Renée Today

I deliver personalized representation in serious personal Injury, wrongful death, death benefits, criminal defense, and post-conviction relief ("cleaning") cases. Please call (408) 214-5555 or fill out my contact form.