Grocery Store Liability 

If there’s one place most adults find themselves in the most often where they’re at the most risk of injury, it could be the grocery store. From food-borne illnesses, slips and falls to parking lot accidents, the neighborhood grocery store can be a dangerous place.

What Can Happen in a Grocery Store? 

The most common injuries are slip and falls due to spilled or dropped food. However, shopping carts can cause injury to both children[1] and adults, and accidents can happen in parking lots. The more crowded or busy a grocery store, the more likely an injury can occur.

For example, if a customer spills oil on the floor and the store doesn’t clean up the milk right way or clean it properly, someone can slip and hurt themselves. An improperly set display may fall on someone when they go to take an item from it. A child may fall out of grocery cart that’s broken and easily tips over. A blind spot in a grocery store parking lot may lead to a collision. A free sample of chicken salad made in the deli may have been contaminated and made customers sick.

How Are Grocery Stores Liable If I’m Hurt in One? 

A grocery store first has a duty to keep the premises free of hazards. While it may not be possible to keep the place 100% safe all the time, grocery stores have a duty to clean or fix any hazards soon after discovering them. For example, if a jar of spaghetti sauce is dropped on the floor, the store has a duty to have it cleaned as soon as possible so customers don’t slip on the spill. Grocery stores also have a duty to avoid hazards, such as broken shelves or displays that will fall. They also have a duty to keep patrons safe from each other, such as on Black Friday or on other very crowded days. 

What If I’m Injured in a Grocery Store? 

Sometimes, it can be difficult to tell when a grocery starts to have a duty to protect customers. For example, if a customer slips on some grapes that were dropped on the floor, it makes a difference whether they were just dropped (and the grocery store didn’t know about the mess), or if they’d been there a while.

If you’re hurt in a grocery store, you’ll have to fill out an accident report at the store. Do this, but don’t offer any more information than necessary. Take pictures if you can of whatever caused your injury. Most importantly, get medical attention as soon after the injury as you can.

Next, speak to a personal injury lawyer. It’s likely that the grocery store will have an insurance adjuster and/or lawyer attempt to contact you to find out more about the accident. Their job is to avoid compensating you. However, if your injury was caused by the grocery store’s negligence, you may be able to recover damages and compensation for lost wages, medical bills, and pain and suffering.

If you or someone you love has been hurt in a grocery store, call one of our personal injury attorneys 303-393-6666. You may be able to recover damages to cover medical expenses and other losses. 

[1] Richard Wilhelm. Uneventful Shopping Trips. https://www.astm.org/ SNEWS/MARCH_2007/spotlight_mar07.html. (Mar 2007).

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“I had an excellent experience at Kidneigh and Kaufman. I was in an auto accident and had severe injuries. Kidneigh and Kaufman helped me get the medical treatment I needed, as well as a wonderful settlement with the insurance company. Everyone at Kidneigh and Kaufman was very caring and understanding of my situation, and especially supportive when my husband passed away during the case. Attorney Charlie Crichton was particularly wonderful and I would give him and the Kidneigh and Kaufman firm 5+ stars.”

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“After I was injured in a serious auto accident, I was in a lot of pain and didn’t know what to do. Having been involved in her own accident several years earlier and hired Kidneigh & Kaufman to help her, my girlfriend told me I needed to speak with attorney Jennifer Crichton. I’m so glad I did. I had a great experience with Kidneigh & Kaufman and Jenny was there by my side all the way. Kidneigh & Kaufman is definitely a 5 star law firm. I certainly got my money’s worth by going to Kidneigh & Kaufman.”

Joel Fisher - Former Client

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Firm Overview

What to Expect for Your Case

You Are Involved in an Accident

You are stopped at a red light, waiting for the light to change and you get rear-ended.

You are walking toward the deli counter at the grocery store, and you slip and fall in the beverage aisle.

Your insurance company denies your claim for the hail damage from the storm in your neighborhood.

What do you do when an accident happens? First, check to see if you are injured. If you are injured, be sure to seek immediate medical attention. You also want to be sure to document everything. If you are involved in a motor vehicle accident, then be sure to take photos, obtain the other driver’s insurance information, and contact the police. If you slip and fall at a grocery store, make sure you complete an incident report, obtain witness information, and take photos. If you have a dispute with your insurance company, make sure you document all of your correspondence and communication.

Contact An Attorney

Be sure to contact an attorney about your accident as soon as possible following your accident.

An attorney can help guide you through the process of making a claim with an insurance company, which is an unfamiliar process for most people. An attorney can makes sure that the correct parties and entities are notified and that your accident and injuries are well documented. Not only can an attorney help you with this process, but hiring an attorney gives you the peace of mind knowing that things are being done the right way.

Accept a Settlement or Proceed to Litigation

Does it make sense to accept a settlement or file a lawsuit?

You have completed your medical treatment and your attorney has submitted a demand to the insurance company. At this time, the insurance company may be willing to make a settlement offer to resolve the case. Your attorney will help you decide whether to accept a settlement or proceed with a lawsuit against the opposing party.

Litigation

You filed a lawsuit against the opposing party so what happens now?

When you file a lawsuit against another party, then the litigation process begins. The insurance company will likely hire a well-qualified attorney to represent its Defendant and the case will be assigned to a judge and courtroom. Attorneys will send written discovery, obtain documents, and take depositions. The attorneys are doing everything they can to prepare the case for trial and to find out more about the other side’s case. The parties may still try to resolve the case either informally or with a mediator.

Trial

What happens in a trial?

The parties are unable to resolve the case so they go to trial. The attorneys and the judge pick a jury to decide the case. Then each attorney makes an opening statement. Next, the injured party’s attorney presents his case, which usually includes testimony from the injured party, any witnesses, medical providers, and hired experts. Then the Defendant’s attorney has the opportunity to present his case and call his own witnesses and present his own evidence. After jury instructions, each side makes a closing argument, trying to convince the jury to find for their side. Finally, the jury must agree on a verdict.

  • 1You Are Involved in an Accident

    You Are Involved in an Accident

    You are stopped at a red light, waiting for the light to change and you get rear-ended.

    You are walking toward the deli counter at the grocery store, and you slip and fall in the beverage aisle.

    Your insurance company denies your claim for the hail damage from the storm in your neighborhood.

    What do you do when an accident happens? First, check to see if you are injured. If you are injured, be sure to seek immediate medical attention. You also want to be sure to document everything. If you are involved in a motor vehicle accident, then be sure to take photos, obtain the other driver’s insurance information, and contact the police. If you slip and fall at a grocery store, make sure you complete an incident report, obtain witness information, and take photos. If you have a dispute with your insurance company, make sure you document all of your correspondence and communication.

  • 2Contact An Attorney

    Contact An Attorney

    Be sure to contact an attorney about your accident as soon as possible following your accident.

    An attorney can help guide you through the process of making a claim with an insurance company, which is an unfamiliar process for most people. An attorney can makes sure that the correct parties and entities are notified and that your accident and injuries are well documented. Not only can an attorney help you with this process, but hiring an attorney gives you the peace of mind knowing that things are being done the right way.

  • 3Accept a Settlement or Proceed to Litigation

    Accept a Settlement or Proceed to Litigation

    Does it make sense to accept a settlement or file a lawsuit?

    You have completed your medical treatment and your attorney has submitted a demand to the insurance company. At this time, the insurance company may be willing to make a settlement offer to resolve the case. Your attorney will help you decide whether to accept a settlement or proceed with a lawsuit against the opposing party.

  • 4Litigation

    Litigation

    You filed a lawsuit against the opposing party so what happens now?

    When you file a lawsuit against another party, then the litigation process begins. The insurance company will likely hire a well-qualified attorney to represent its Defendant and the case will be assigned to a judge and courtroom. Attorneys will send written discovery, obtain documents, and take depositions. The attorneys are doing everything they can to prepare the case for trial and to find out more about the other side’s case. The parties may still try to resolve the case either informally or with a mediator.

  • 5Trial

    Trial

    What happens in a trial?

    The parties are unable to resolve the case so they go to trial. The attorneys and the judge pick a jury to decide the case. Then each attorney makes an opening statement. Next, the injured party’s attorney presents his case, which usually includes testimony from the injured party, any witnesses, medical providers, and hired experts. Then the Defendant’s attorney has the opportunity to present his case and call his own witnesses and present his own evidence. After jury instructions, each side makes a closing argument, trying to convince the jury to find for their side. Finally, the jury must agree on a verdict.