Slip and Fall Hazards at Grocery Stores

People visit grocery stores every day. Running into a store to pick up a few items or even an entire haul may seem very safe. Unfortunately, accidents happen in these stores, and among them, slips and falls are the most common. Customers encounter many hazards when grocery shopping, and when they are involved in an accident, they can suffer serious injuries.

If you have been hurt while shopping, you may be able to file a claim against the grocery store. Proving a slip and fall claim is never easy, though. Our Arizona premises liability lawyers can fight for your rights and make the process of claiming compensation as easy as possible for you.

Common causes of slips and falls in grocery stores

Although it may not seem as though there are many hazards in a grocery store, many of them exist. The most common causes of slip and fall accidents in grocery stores are as follows:

• Wet floors: There are many reasons the floors in grocery stores become wet. Jars and bottles may fall and break, spilling liquid onto the floor. Or, staff members may mop the floors, leaving them wet. Grocery store owners and staff members must promptly clean and dry floors and warn customers of wet and slippery surfaces.
• Defective flooring: Defective flooring is another common cause of grocery store slip and fall accidents. Uneven or cracked floors, torn carpeting, and loose floorboards or tiles can all pose a tripping hazard that results in an accident.
• Debris in aisles and walkways: Garbage, loose wires, boxes of product, and discarded packaging materials can create debris in walkways and aisles, posing a slip and fall hazard. Debris most often accumulates in areas where staff members are unboxing and restocking shelves.
• Inadequate lighting: Dimly lit parking lots, sidewalks, and stairways can make it difficult for customers to see hazards, increasing the risk of a slip and fall accident.
• Cracks in asphalt and potholes: Cracks in asphalt or potholes in parking lots and on sidewalks can also cause customers to slip and fall. The risks are increased if there is also inadequate lighting.
• Inadequate training: Grocery store owners must ensure all staff members are properly trained to look for hazards and correct them as soon as possible to prevent slip and fall accidents.
• Lack of warning: When there are hazards that are difficult to immediately correct, such as a wet floor after it has been mopped, property owners and staff members must warn customers of the danger.

If you have been injured due to any of the above hazards or any other hazards in a grocery store, it is important to speak to an Arizona premises liability lawyer who can determine if you have a claim for compensation.

Grocery stores have a legal duty to prevent slip and fall accidents

Grocery store owners in Arizona have a duty of reasonable care to ensure their premises are maintained in a reasonably safe condition. Customers in grocery stores are classified as ‘invitees’ under the law, and as such, they are owed a high level of care. Grocery store owners must not only make sure that their premises are safe, but that they adequately train all staff members to keep the property safe.

Grocery stores must regularly inspect floors, aisles, and other common areas to detect broken glass, spills, and debris. When a hazard is identified, it must be corrected as soon as possible. This can include repairing faulty lighting, broken shelves, damaged freezer doors, and promptly mopping up spilled items.

Not all hazards can be corrected right away. For example, if a freezer door breaks on the weekend, the grocery store owner may not be able to repair it right away. In these instances, grocery stores must warn customers of the hazard and try to minimize the danger as much as possible. In the case of a broken freezer door, this may include turning the appliance off, ensuring proper drainage, and keeping customers away from the area.

Arizona also has a ‘mode of operation’ rule. Under this rule, if a store offers self-service options, such as a salad bar, it is responsible for the safety of it. Even if a spill or dangerous condition in a self-service area is not noticed right away, the grocery store may still be liable for an accident.

It is important to note that, unlike in other states, ‘open and obvious’ hazards do not provide an automatic defense. In the case of Perez v. Circle K, heard by the Arizona Supreme Court, the court decided that an open and obvious hazard is a factor for juries to consider when determining if a store breached its duty. It is not a standalone defense.

In all cases, with the exception of those that fall under the ‘mode of operation’ rule, grocery stores must have known or should have known about the hazard and failed to correct it in order to be held liable.

How can customers prove grocery store negligence?

To prove a grocery store owner or staff member knew or should have known about a hazard, you need strong evidence. The best types of evidence to collect in these cases include:

• Photos: Take photos of the hazard that caused your fall, such as a spilled liquid, and your immediate injuries. Make sure you take pictures before the hazard is cleaned or repaired, and take photos from multiple angles, if possible.
• The incident report: Report the accident to management. Ask them for an incident report to fill out and ask for a copy of it before leaving.
• Video evidence: Many grocery stores use security cameras to watch the premises. Ask store management to immediately preserve the video footage from these cameras. This can prove the hazard existed and how long it was present before your accident.
• Witnesses: Locate anyone who saw the accident, such as other customers, and ask for their names and contact information.
• Personal evidence: Keep the clothing and shoes you were wearing at the time of the fall and do not launder them. These may be analyzed to prove how your accident happened or the injuries you sustained.
• Medical records: Medical records provide strong evidence showing how your accident happened and the severity of injuries you sustained.

It is also important to prepare for the comparative negligence defense. The grocery store may argue that you caused or contributed to the accident. If they are successful, any compensation awarded will be reduced by the same percentage of fault. The evidence above can prove grocery store negligence while also establishing that you did not cause or contribute to the accident.

Contact our premises liability lawyer in Arizona for legal help

Slip and fall accidents sound minor, but they can cause very serious injuries. At Verderame Law Group Arizona Injury Lawyers, our Arizona premises liability lawyer can investigate the accident and collect evidence to help you pursue compensation. Call us today or contact us online to schedule a consultation and to learn more about how we can help with your case.