Slipping and falling can be a scary and dangerous experience – understanding your rights and knowing who’s responsible for your harm is critical to recovering damages.
The average person in America goes to the grocery store at least once per week, averaging about six trips per month. While the grocery store is the place that most Americans rely on to get the food and goods that they need for both health and quality of life, the grocery store can also be dangerous, and accidents aren’t uncommon. If you or a loved one has been involved in a Worcester supermarket slip and fall accident, you need a skilled personal injury attorney on your side who can help you understand legal responsibility, also known as liability.
Causes of Supermarket Slip and Falls
If a person slips, trips, or falls at a grocery store, they may suffer a range of injuries, including a head or traumatic brain injury, bone fracture injury, internal injury, soft tissue injury, and more. Most of the time, these injuries are preventable and occur as a result of a hazardous condition within the supermarket or grocery store. Examples of dangerous conditions within a supermarket include uneven walking surfaces, spills of food and drink, improperly stocked shelves leading to falling objects, aisle obstructions, defective entry and exit doors, and unremoved snow or ice in parking lots.
If a slip and fall leads to injuries, the slip and fall victim may be able to bring forth a claim for damages against the supermarket. In order to hold the supermarket liable, the victim must be able to prove that:
- A dangerous condition existed on the property;
- The supermarket knew or should have known of the condition;
- The supermarket failed to remedy the condition in a reasonable amount of time; and
- The condition was the proximate cause of the victim’s accident and injuries.
How Does Comparative Negligence Factor In?
It’s important to remember that both parties involved in a slip and fall accident–i.e., the person who slips and falls and the property owner where the accident occurs–have a duty. The person who slips has a duty to exercise a reasonable degree of care when walking or navigating a store. For example, if it’s snowing out and a person runs through a parking lot instead of carefully walking, they may be acting in a manner that is outside of what a person of ordinary prudence might do.
The theory of comparative negligence may be applied, especially if a slip and fall case goes to court. This theory holds that if a plaintiff (victim) is found to be partially responsible for their injuries, then they can still recover damages, but their damages award will be reduced in proportion to their degree of fault.
Call Our Worcester Personal Injury Lawyers Now
Slipping and falling in a supermarket is very scary, and may result in many questions about liability and how to recover monetary damages for harm. For guidance in navigating your supermarket slip and fall claim, call our Worcester personal injury attorneys at Tetzel Law, LLC today for your free consultation. It is best to call as soon as possible after your accident. Reach us at (617) 742-1700 or send us a message directly.