When you’re headed to the grocery store, you’re usually focused on making sure you remember everything you need. But wet floors, cluttered aisles, and other hazards can turn a typical shopping trip into a disaster.
Every year, thousands of Americans slip and fall in grocery stores and other retail establishments. If you recently slipped or fell in an Alabama grocery store, you may be entitled to compensation.
This article explains when grocery stores can be held legally responsible for causing slip-and-fall injuries in Alabama. It also explains how an Alabama personal injury attorney can help with your slip-and-fall claim.
When Does Alabama Law Hold a Grocery Store Responsible for a Fall?
In Alabama, the fact that you fell usually isn’t enough to win a grocery store slip-and-fall claim. You must prove negligence. Negligence is a legal term that roughly means that a person or business didn’t live up to the standard that a reasonable person or business would have met in the same situation.
To prove that a grocery store was negligent, you’ll have to show that:
- you were injured,
- the business had a duty to behave in a certain way,
- the business did not behave in the expected way, and
- the business’s failure to act as it should have directly caused your injuries.
Proving duty can be straightforward. Alabama law says that grocery store customers are business invitees. As such, grocery stores have a duty to keep the property safe for shoppers. This duty applies to entrances, shopping aisles, checkouts, bathrooms, parking lots, and other areas customers are expected to use.
Whether the grocery store has met or failed to meet its duty will depend on several things. Generally, there must be proof not only that there was a dangerous condition, but also that the store knew or should have known about it before your injury.
Proving that the grocery store should have known can be difficult, especially for temporary conditions not directly caused by the store’s actions. For example, assume that a grocery store tells employees to inspect each aisle every 15 minutes. An employee inspects the laundry aisle at 3:00 p.m. If a customer spills laundry detergent at 3:05 and someone slips at 3:07, it’s hard to say that the grocery store should have been aware of the issue.
While some conditions are temporary, sometimes grocery stores have known about the dangerous condition for a long time. These might include:
- Water or other fluids leaking from a broken freezer, cooler, or produce area onto the floor
- Loose or missing floor mats
- Broken or uneven tiles
- Poor lighting
- Large piles of debris
- Dangerous displays
Once you prove that the grocery store did not act in a reasonable manner, you’ll need to prove your injuries. You’ll also need to connect them to the fall. For example, the grocery store may try to argue that your back pain is the result of a preexisting condition rather than your fall. Your Birmingham injury attorney can help you respond to these claims.
If you prove all four negligence requirements, you may be entitled to damages. Damages are funds given to injured people to help them cover the costs of medical care, lost wages, and other losses resulting from the fall.
Will I Automatically Win My Case if There Was No Wet Floor Sign?
The fact that the store didn’t put out a wet floor sign can be helpful, but it doesn’t always lead to an automatic win. Again, it depends on what the store knew or should have known.
For example, if an employee mopped the floor and didn’t put up a warning sign, this hurts the store. The employee knew that the floor was wet but didn’t warn customers of the danger. However, if a customer spills something and another customer slips before any employee could have reasonably seen the hazard, it’s a more difficult argument. Because there’s little to no proof that the store knew or should have known about the spill, it’s harder to say that they had a duty to provide a warning.
Facts like the absence of a warning sign can be important. Be sure to tell your Alabama injury attorney about the conditions of the store at the time of your fall.
Can Any Alabama Laws Hurt My Slip-and-Fall Case?
Yes. The most common is Alabama’s contributory negligence rule.
When someone is injured, the law assigns each party a percentage of fault from 0to 100. In many states, an injured person who is partially responsible for their own injuries can still recover damages. However, under Alabama’s contributory negligence rule, an injured person who is even slightly responsible for causing their own slip or fall – even if they are just one percent responsible – cannot receive compensation.
Because of this rule, the grocery store might try to argue that your actions, not theirs, led to the fall. They might say that you ignored posted signs, the danger was obvious, or you only slipped because you were texting or otherwise not paying attention. These arguments won’t automatically defeat your claim, but be sure to tell your Alabama injury attorney about any facts related to these arguments as soon as possible.
How Can an Alabama Slip-and-Fall Lawyer Help You?
Grocery store slip-and-fall cases are often more difficult than they seem. An Alabama slip-and-fall lawyer can help you by:
- Investigating your fall
- Securing surveillance videos, incident reports, cleaning logs, and other evidence
- Calculating a fair amount of damages
- Negotiating a settlement
- Filing a lawsuit, if necessary
If you need legal help after a slip-and-fall incident at an Alabama grocery store, contact Collins Law, LLC. Our team can investigate, secure important evidence, and explain your legal options. Schedule a free, no-obligation consultation today by calling 205-588-1411 or using our online contact form.
