Slip & Fall at the Supermarket
Michael Babboni
Premises Liability
Did you slip and fall at the supermarket during your weekly shop? Sounds like you need our advice.A spill during your visit to the grocery can leave you in pain, and not knowing what to do next. Supermarket stores have a legal duty of care under the law to their customers. Employees are supposed to be tasked with the duty of manning the store’s floors and aisles to insure the areas are safe. Any spills are supposed to be mopped up promptly; there shouldn’t be debris or obstacles, like boxes, in aisles; and the store is obligated to keep the premises safe for shoppers.
To prove a store was negligent a victim must show it had actual knowledge of the hazard, or that the store had constructive knowledge; meaning, the danger was there long enough that someone exercising ordinary care would have known about it and fixed the problem.
“Clean up in aisle 3!” Ring a bell?
These type of cases fall under premises liability law. The specific law that refers to negligence claims arising from Florida supermarket slip and falls states that:
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
It is challenging to meet the burden of proof this statute dictates because proving actual notice is not something many customers can do. Which is why getting the video footage from the store as soon as possible is crucial. Your lawyer can absolutely help you with that. Do not delay in the request.
Another caveat in this type of legal action, even if you can prove that the grocery store knew, or should have known, that there was something on the floor that should not have been, the value of your claim will be reduced by your percentage of fault, which is known as comparative negligence, if that applies.
The positive news is that in Florida, as opposed to other states, even if you are 51% at fault, you can recover 49% of your damages if the supermarket is negligent. In some other states, you may not have a claim if you are even 1% at fault.
Shapiro, Goldman, Babboni Fernandez & Walsh are happy to give you advice on your personal injury case. We stay current with the law in order to help guide you through it. Let us consult with you at no cost. Schedule an appointment by emailing us at lawyers@justicepays.com.