Consumers make approximately six trips to the grocery store each month, according to a 2024 report by market research company, driveresearch. Whether you’re one of nearly 30% of people who spend more than 45 minutes grocery shopping per trip, or you prefer to get in and out more quickly, even a short trip to buy food can put you at risk for a slip and fall.
Slip and falls are common in grocery stores because there are many types of possible hazards in the aisles and areas where people shop to get their food. If you were injured in a supermarket slip and fall, you’re not alone. Each year, thousands of people suffer injuries at grocery stores; however, many feel embarrassed and want to brush off the incident as a minor event. What many don’t realize, though, is that their injuries may present later, after they leave the store, and the supermarket may be liable for their medical bills, lost wages, and pain and suffering.
At Peterson Law Firm, we understand the emotional, physical, and financial impact of a slip and fall grocery store injury. Our experienced Kansas City slip and fall attorneys are here to help you seek compensation if you have a serious fall while shopping in a store for groceries. Here, we discuss your rights as a consumer and shopper, the legal responsibility grocery stores have to maintain their premises, and what to do if you’re hurt at the supermarket where you shop.
Where and Why Consumers Slip and Fall in a Supermarket
Slip and fall accidents can happen in any area of a grocery store, but some areas are more hazardous than others. Knowing about these high-risk areas can help you build a stronger claim if you get injured.
Watch Out in the Produce Area
Many supermarket slip and falls happen in the produce section because there is a constant presence of moisture and dropped food. Here are some things that make the produce department a hazardous area:
- Round, slippery items. Foods such as cherry tomatoes, olives, and grapes can fall from the display area and get underfoot. When they get stepped on, they can create a slip hazard for those walking by, and customers can slip and lose their balance.
- Watering systems and ice. Misters, sprayers, and ice used to keep fruits and vegetables fresh can make the floor slick and create puddles of water that can’t always be seen on a shiny tile. Some supermarkets may have rubber mats down in front of shelves with misting systems, but some may not. The water accumulation can create a hazard for a slip and fall.
- Salad bars. People often use tongs to place food on their plates or in to-go containers at a supermarket salad bar. These tongs can make it difficult to pick up the food, and often items falls on the side of the bar and/or on the floor. Accidental spills, like salad dressing, tomatoes, watermelon and cantaloupe, or slippery lettuce leaves can leave the surrounding floor area slick and dangerous.
- Leaky refrigerator units. Some produce requires refrigeration, and with any cooling system, there’s a risk of drainage issues. If the store is behind on mechanical maintenance, water can accumulate in the produce area, and customers and employees can track the water into nearby aisles and through the store.
Look for Tripping Hazards in Cluttered Aisleways
When shelves are being restocked, getting through aisles can be challenging, especially if there are a lot of shoppers and they’re all using carts. Stores have a responsibility to keep walkways clear and promptly address obstacles and fallen items. Some common aisle hazards include the following:
- Temporary displays that jut into the aisle and make it difficult to maneuver around
- Pallets and boxes of new stock waiting to be unpacked and put on the shelf
- Hoses and cords that stretch across walking areas during maintenance or cleaning
- Ladders, step stools, and carts that have been left out in aisles and walkways
Even if a product falls to the floor, such as a can of vegetables or a box of pasta, it can create a trip hazard and cause a shopper to stumble and fall, especially if their focus is on the shelves rather than where they’re walking. It’s important that employees are trained to keep pathways and aisles clear of any obstacles that could cause a slip and fall. Aisles should be inspected regularly, especially during busy times with a lot of foot traffic and activity that may knock products off the shelf.
Additional Ways Supermarkets Can Help Prevent Slip and Fall Injuries
There are ways a grocery store can improve safety in areas that are high risk for slip and falls, including the following:
- Place non-slip mats in front of misting stations and on walkways where there’s heavy traffic
- Perform frequent inspections and clean up water and debris promptly
- Maintain equipment to avoid leaks and overflowing drip pans
- Keep produce displays neat, and promptly restock fallen items
- Place "wet floor" signs when hazards can't be cleaned up right away
Supermarket Negligence: Who’s Responsible for Your Slip and Fall?
When you slip and fall in a grocery store, it doesn’t necessarily mean that the store is liable for your injuries. Slip and falls are governed by premises liability laws, and the circumstances of the incident must meet certain conditions to hold a store accountable. While it’s true that grocery store owners have an obligation to keep their premises safe for consumers and visitors who are legally allowed to be on the property, the definition of “safe” must be reasonable. They may be liable if they knew about the hazard or should have known and didn’t take steps to protect the people in the store from harm.
A Supermarket’s Legal Duty: Proving Grocery Store Negligence
Grocery stores have a legal responsibility to provide a reasonably safe environment for shoppers. This includes regularly inspecting the premises, fixing dangers in a timely manner, and warning customers about potential hazards. To prove that the store was negligent and responsible for your injuries, you typically need to show one of the following:
- The store caused the hazardous condition—for example, an employee spilled ice on the floor near the fresh fish counter but didn’t put out a warning sign.
- The store knew about the danger but didn't take steps to fix it—for example, many customers reported a leaking refrigerator near the frozen vegetables, but the water wasn’t mopped and the refrigerator wasn’t fixed.
- The hazard existed for so long that the store should have discovered it—there was video showing employees walking past the leak.
An experienced slip and fall attorney can investigate the circumstances of your accident and gather the evidence to demonstrate the store's negligence. The sooner you contact a lawyer, the faster they can preserve vital proof before it disappears.
After a Supermarket Slip and Fall: What to Do Right Away
The actions you take immediately following a slip and fall can significantly impact your health and your legal claim. Be sure to do the following as soon as possible:
- Get an incident report. Report the accident to the store manager and request an incident report. This will be a critical piece of evidence should you choose to file a personal injury claim. Be sure to include your recollection of what happened in the report. Get a copy for your records.
- Take photos. Get pictures of the hazard that caused your fall, the surrounding area, and any visible injuries.
- Talk to eyewitnesses. Get contact information from employees and shoppers who witnessed your fall. Their statements can be powerful evidence in a personal injury case.
- See a doctor right away. Seek prompt medical attention and tell the doctor how you got hurt. Follow your treatment plan.
- Don’t give recorded statements. Don’t agree to give a recorded statements to insurance company adjusters unless you consult with an attorney. They may try to use your statements against you.
Potential Compensation for Grocery a Store Slip and Fall Injury
Every premises liability claim is different, but people injured in supermarket falls can often pursue damages for the following:
- Medical expenses. These can include ER visits, surgeries, medication, and physical therapy.
- Projected future costs. These can include future medical treatment related to the injury.
- Lost wages. These can include time missed from work.
- Reduced future earning capacity. If the injury causes long-term limitations or you can’t resume your old job, you may be compensated.
- Pain and suffering. This can include lost quality of life caused by the accident.b
Our Slip and Fall Attorneys Can Help
The grocery store and their insurance company will have lawyers working hard to minimize your claim. Evening the playing field with legal representation gives you the best chance at a full financial recovery. Our experienced slip and fall injury lawyer will investigate your accident and gather crucial evidence, interview witnesses, handle all communication and negotiations with the store's defense team, and fight to hold the supermarket accountable and maximize your compensation. Schedule a free consultation today to discuss your case with us. Read our case results to learn how we’ve helped other clients with their slip and fall cases.