Can a Store Be Held Responsible for a Slip and Fall on a Wet Floor?

Popping into the grocery store for dinner supplies can quickly turn into an emergency when your local supermarket does not put up “Wet Floor” signs when they mop. These accidents often seem minor at first, with embarrassed victims trying to laugh off the experience and get up as quickly as possible. But the truth of the matter is that slip and fall accidents are a very common source of serious injury—particularly for those considered very young or very old.

If you have been injured in a falling accident, it is time to talk to an attorney about your legal options. Call Rocky McElhaney Law Firm to set up a consultation now.

When stores are legally responsible for slip and fall accidents

Property owners, including those who own residential or commercial property, are legally responsible for keeping their property safe and free of obvious hazards. This extends to the owners of your local Costco, Sam’s Club, or corner convenience store. Yes, stores get busy and it can be hard to keep up with spills or other hazards—but it is a legal requirement.

This is part of premises liability, a legal concept that holds property owners responsible for their negligence when it leads to an injury. Store owners may be held liable for injuries if the injuries are the result of:

• A dangerous condition existing on the property
• The store knowing about it or being in a position where they should have known about it
• The store failing to fix it or properly warn people of the hazard

Basically, store owners and their representatives (which includes employees) are required to take reasonable steps to keep those on their property safe and free of injury.

It is important to note that not every slip and fall is a valid personal injury claim. Some falls are the result of a person’s inattentiveness, an unavoidable hazard, or something that no one could have predicted or expected, there may not be any negligence at play—just bad luck.

Common causes of slips and fall

When you understand the common causes of slip and fall accidents in stores, it is easier to be proactive and protect yourself while shopping. Some of the most commonly reported hazards in stores include:

• Wet floors caused by mopping or spills
• Leaking refrigeration units, especially in frozen goods and dairy sections
• Rain or snow tracked in from outside without proper mats to soak up the moisture
• Slippery packaging from produce
• Uneven, curling, or rolled up floor mats
• Inadequate lighting in walkways and aisles
• Soap and cleaning supplies that can make floors slippery
• Improperly maintained stairways

Any one of these hazards can lead to a serious fall and multiple injuries. Stores cannot always fix these issues immediately—for example, it may take several days to get someone in to fix a damaged stairwell—but even then, they can take steps to inform others of the dangers and help them avoid falling.

Proving negligence

Proving negligence can seem like a challenge after a slip and fall, and it is one of the main reasons people turn to slip and fall attorneys after an accident. You will need to prove that there was a hazardous condition, that the store knew or should have known about it, and that the store failed to rectify the situation or warn shoppers.

Demonstrating that the store knew about the condition (or should have known about it) is critical. Consider, for example, a spilled drink. If someone is walking in front of you and spills their drink right in front of you, the store could not realistically be expected to know about it—but if there was a spill that sat there for half an hour before you slipped on a wet floor, that could be considered negligence. Similarly, if a store employee mops the floor but forgets to put up a “Wet Floor” sign, that would be considered negligence.

There are various ways you may be able to prove negligence. Surveillance cameras are common in stores, and they may be able to prove how long a hazard sat unnoticed. Other shoppers may also have seen the wet spot or danger while shopping, and they can provide eyewitness testimony.

Situations where a store might be liable

To get a better understand of whether or not you have a viable slip and fall claim, consider these common situations where a store is often held liable for injuries:

• Failure to clean up spills promptly: Stores should be staffed enough that spills can be promptly identified and cleaned up to protect other customers from falling.
• Wet floor without warning signs: If you have ever worked retail or food service, you know how much most places drive home the importance of putting up a “Wet Floor” sign every single time you mop. Failure to do so is often considered negligence.
• Recurring unaddressed hazards: Consider a leaking store freezer or milk refrigerator. Although staff members have reported it, management has not repaired it and has just asked staff to put towels near the leaks. At some point, the inevitable happens and someone falls on the leak. This is a clear sign of negligence.
• Neglected entryways in bad weather: In rain and snow, store entryways become a prime place for falls. Stores that do not put down absorbent mats or have employees regularly drying the area may be negligent.
• Poor maintenance or lighting: Failing to keep lightbulbs changed, set up proper lighting in dim areas, or otherwise not keeping up with maintenance can all lead to negligence.

Slips and falls may lead to a wide range of injuries, including traumatic brain injuries, broken bones, soft tissue damage, bruises, and dislocated joints.

Injured in a slip and fall? Call Rocky McElhaney Law Firm

If you slipped and fell in a store, you could be entitled to compensation. Call our law firm or send us a message online to set up a time to meet with our team to discuss your case.