Fighting for Victims in
Times of Need
Times of Need
Grocery Store Injuries
Across the country, there are over 63,300 grocery store businesses, and while online shopping is on the rise, 74% of Americans report shopping for food in physical stores, with a majority of shoppers stopping by a grocer twice a week. In busy stores in Westchester County and New York, these shopping trips can become dangerous or even fatal if managers and store owners fail to keep their stores clean and safe.
If you were injured in a supermarket due to unsafe conditions, you may have the right to seek compensation. The Law Office of Mark A. Siesel represents individuals throughout Westchester County and surrounding counties who have been harmed in grocery store accidents. Contact our team for a free consultation.
Why Do Grocery Stores Present Unique Risks?
Supermarkets are high-traffic environments. At any given time, there may be shoppers pushing carts, employees stocking shelves, children running through shopping areas, and vendors making deliveries. These activities happen in an environment that has some unique risks, including:
- Items that can fall from store shelves and pose tripping hazards.
- Flooring that sees heavy traffic and may develop cracks or other dangers.
- Frequent cleaning schedules that can create wet flooring.
- Food items that are stored on high shelves and can fall.
- Wet produce areas.
- Refrigerated sections with condensation.
Grocery store owners and managers are required to conduct regular inspections and address dangerous conditions within a reasonable time. When they fail to do so, they can be held liable for any serious injuries that result.
Common Causes of Grocery Store Injuries
There are many types of situations that can lead to serious injuries. These include:
Slip and Fall Accidents
Slip and fall incidents are the among the most frequent type of grocery store injury. Common causes include spilled beverages or broken containers, leaking refrigeration units, crushed produce in the aisle, and water tracked in during rain or snow. These hazards are exacerbated by hard surface flooring in stores, which can become slick.
A fall on a hard tile floor can result in fractures, head trauma, or spinal injuries. Owners and store managers should be regularly mopping up spills, posting “wet floor” signs where needed, and checking for hazards regularly.
Falling Merchandise
Improperly stacked products or unstable shelving can cause items to fall. Large or heavy products falling from upper shelves may lead to injuries to the shoulders, head, neck, and back.
Shopping Cart Accidents
Defective carts with broken wheels or unstable frames can cause tipping or sudden stops. Children placed in carts are particularly vulnerable to injury if safety straps are not functioning.
Negligent Security
In some cases, grocery store injuries result from criminal activity in parking lots or inside the store. There have been violent attacks in grocery stores. If a property owner fails to provide adequate lighting or security in an area with known risks, they may be held accountable. Owners and managers cannot control who walks into the store, but they need to have security procedures in place in case a violent incident does take place.
Parking Lot Incidents
Supermarket parking lots are often congested as pedestrians, drivers, and truck drivers all try to navigate the same place. Pedestrian knockdowns, vehicle collisions, and slip and fall accidents on uneven pavement are common.
Even though these incidents do not occur in the store, property owners and managers can still be held accountable for injuries that occur due to negligence anywhere on the store property. This includes the parking lot.
Injuries Frequently Seen in Grocery Store Cases
Common injuries in grocery stores include:
- Broken wrists and hips.
- Ankle fractures.
- Concussions.
- Herniated discs.
- Shoulder tears.
- Knee injuries.
- Facial injuries.
Older adults are particularly vulnerable to serious complications after falls, but any shopper is vulnerable to fractures or more serious injuries from store violence.
Establishing Liability in a Grocery Store Injury Claim
To succeed in a premises liability claim, it must generally be shown that a dangerous condition existed, the store knew or should have known about the condition but failed to correct it within a reasonable time, and the hazardous condition caused your injury.
Supermarkets often have surveillance cameras. However, footage may be deleted quickly unless preserved. Maintenance logs, inspection records, and employee testimony can also play critical roles, but they can also disappear unless you take quick action to protect them. An experienced attorney can act quickly to ensure important evidence is preserved for your claim.
Special Considerations in Large Chain Stores
Many grocery stores are part of regional or national chains. These companies often have corporate legal teams and insurance carriers that aggressively defend claims. If you’re injured, these legal departments and insurers are protecting the grocery chain, not you. They may claim you’re not seriously injured or that you are not eligible for compensation. Or, they may offer you a lowball settlement and try to get you to sign away your rights.
In these situations, it is essential to speak with a personal injury attorney who can step in early. Your attorney can speak to insurers and lawyers for you, can secure evidence, and can protect you from making mistakes that could harm your case.
What To Do After a Grocery Store Injury
If you are injured while shopping:
- Seek medical attention immediately. Even if you feel okay, visit your doctor, an urgent care center, or emergency room to make sure you’re fine and to start documenting your injuries.
- Report the incident to store management. Don’t be surprised if the store manager is suddenly not available or if employees are not helpful. Take photos of everything you can and contact a personal injury lawyer as soon as possible.
- Request that an incident report be completed. Again, if the store refuses, document everything you can and contact an attorney at once.
- Take photographs of the hazard and surrounding area. Obtain contact information for witnesses and write down anything you can remember. Preserve your clothing and footwear.
- Avoid giving recorded statements without legal advice and speak to a lawyer as soon as possible.
Taking these steps can significantly strengthen your claim. Serious injuries can affect your ability to work, care for your family, and enjoy daily life. Compensation should reflect the full scope of your losses. The sooner you take action to protect yourself and your right to compensation, the stronger a case your lawyer can build.
Frequently Asked Questions
What if the store claims the spill just happened and they did not know about it?
The key issue is whether the store had actual or constructive notice of the hazard. If the condition existed long enough that it should have been discovered through reasonable inspections, the store may still be liable.
Do I still have a case if there was a warning cone nearby?
A warning sign may reduce liability if it was clearly visible and properly placed. However, if the hazard was not adequately addressed or the warning was insufficient, a claim may still exist.
What if I did not report the accident immediately?
While reporting promptly is helpful, failure to do so does not automatically prevent a claim. Other evidence, including medical records and witness testimony, may support your case.
Can I recover compensation if I was partially distracted?
New York follows a comparative negligence rule. You may still recover damages even if you were partially at fault, though your compensation may be reduced by your percentage of responsibility.
How are grocery store injury cases different from sidewalk falls?
Sidewalk accidents may involve municipalities or property owners with different notice requirements and deadlines. Grocery store claims typically involve private commercial entities, though each case must be evaluated individually.
Will my case likely settle?
Many premises liability cases resolve through negotiation. However, if a fair settlement cannot be reached, litigation may be necessary.
Contact The Law Office of Mark A. Siesel
Grocery store injuries are often dismissed as minor, but they can be deadly. Any serious injury can mean pain and suffering, medical bills, loss of income, and other costs. These can be enough to create real financial worries.
The Law Office of Mark A. Siesel provides personalized, hands-on representation to individuals injured in grocery store accidents.
We offer a free initial consultation and are accessible through injurylawny.com, dwilawnewyork.com, our legal blogs, by email, fax, or by phone at (914) 428-7386.
If you were injured in a grocery store due to unsafe conditions, contact our office for a consultation about your legal options.