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Understanding Liability When a Slip-And-Fall Happens
A slip at a grocery store can be more than just embarrassing. When you end up injured, you’re left wondering: whose fault is this? Could the store be liable? In many cases, the answer depends on what happened, why it happened, and whether the store failed in its duty to keep you safe.
What Duties Does the Store Owe You?
When you enter a grocery store, the business has what the law calls a “duty of reasonable care.” That means the store must take steps to keep its premises safe for shoppers. That includes cleaning up spilled liquids, removing hazards, and warning customers of any dangers. If a risk is reasonably foreseeable and the store fails to address it, the store may be held responsible.
What Needs to Be Proven for Liability?
To hold the store responsible for your injuries, you’ll generally need to show three key things:
- There was a dangerous condition. For example, a wet floor, an oil spill, debris, or even a poorly maintained surface.
- The store was aware (or should have been aware) of the danger. If they were warned in advance or the hazard existed long enough for the business to have discovered it through routine inspection, this matters.
- The hazard caused your injury. You must show you slipped because of that dangerous condition and suffered real harm — such as broken bones, sprains, or other physical injuries.
If any one of those elements is missing, the store may have a strong defence.
What if I Wasn’t Paying Attention?
Sometimes, businesses argue that the injured person “should have seen” the hazard or that they were distracted. This doesn’t automatically bar your claim, but it can reduce the amount of damages you may recover. The court will consider how obvious the hazard was, whether proper signage or barriers were present, and whether you had reason to assume the area was safe if the hazard was subtle or hidden — such as a transparent spill just off the fruit section aisle — in which case the store’s responsibility is greater.
What About the Store’s Contractors or Cleaning Staff?
Liability often hinges on whether the store acted reasonably in supervising staff and inspections. If a cleaning contractor left a floor wet and forgot to place warning signs, the store might still be accountable — either because it hired the contractor and retained oversight, or because it failed in its own inspection routine. In short: you don’t always need to prove the contractor acted responsibly; you must focus on whether the store met its overall duty to you.
What Steps Should I Take After the Slip?
- Report the incident immediately to the store manager and fill out an incident report.
- Preserve evidence: take photos of the hazard (floor, drainage, lighting), obtain witness names, and keep your shoes, clothes, and shopping receipts, if possible.
- Seek medical care, even for minor injuries — sometimes hidden damage surfaces later.
- Avoid admitting fault or minimizing the incident. Store staff may ask you what happened; simply state the facts.
- Contact a lawyer before giving recorded statements or accepting offers from the store’s insurer.
Why You May Need a Lawyer
Slip-and-fall claims in grocery stores can involve complicated issues: maintenance logs, inspection records, employee training, whether signs were in place, whether the hazard was visible or hidden, and more. Having an experienced personal injury lawyer means someone is gathering and preserving proof, communicating with insurers, and working to ensure your rights are protected.
Mississippi Slip and Fall Accident Lawyers
If you slipped in a grocery store and suffered injury, let the team at Stroud, Flechas & Dalton help you understand your rights and next steps. We handle these types of matters regularly and stand ready to assist you. Contact us today at (662) 371-6580 for a free consultation — you don’t pay unless we recover for you.
