Wet flooring surfaces are a common hazard at grocery stores. When super
market customers fall on wet floors, the injured patron has rights that
can allow for civil recovery in a court of law.
Experienced Newburgh slip and fall attorneys understand that wet floors can be found in many areas in the grocery store.
Water is frequently sprayed on vegetables in the produce section; water
is spilled in the floral department, the freezer section can have melted
or melting ice particles on the floor; the restroom floors frequently
are wet around the sink areas; and of course, the entry or exit ways can
have water, ice, and or snow tracked in during times of inclement weather.
No matter what caused the floor to become wet, the grocery store has a
duty to keep patrons safe from being injured when falling on wet flooring.
The general duty of care that every grocery store has is to keep patrons
from suffering injuries related to preventable and foreseeable accidents.
slip and fall accidents should not occur and can result in liability of the store owners, managers,
Grocery stores must routinely inspect the store for wet and hazardous flooring
conditions. If a wet condition is observed, the hazard must be remediated.
If not remediated, the grocery store must at least warn patrons of the
danger. If patrons are not warned of the danger, and/or if a wet condition
is observed and not cured, patrons can sue the store for damages when
the customer is injured from slipping and falling.
If water is found on the produce section floor, the grocery store is on
notice that a dangerous condition exists. “Notice” is an issue
that will be argued during trial. There is actual notice and constructive
notice. When the hazard is observed by grocery store employees, the store
is on notice.
Constructive notice is different. Here the store would have known about
the danger if a reasonable person in the same circumstance would have
discovered and remediated the danger. In short, the grocery store should
have known about the
danger of the defective or dangerous condition.
Reasonableness is subjective and will depend upon the facts of each unique
accident. If weather was poor, it is reasonable to expect that the entry
ways to the store are wet and in need of remediation. So long as the grocery
store had enough time to cure the hazardous condition, there could be
liability. Moreover, if the store knows that certain areas of the store
are prone to becoming wet, it is reasonable to expect the store to either
warn of the danger or make the area safe by making the flooring less slippery when wet.
Failing at these obligations, the store
will be negligent if a customer is injured by the wet flooring. Any and all damages from
which the victim suffered can be recovered in a court of law.
Learn more about slip and fall accidents, liability, and how to protect
your rights in
our latest article available by clicking the link here. More specifically, learn about grocery store slip and falls in
our blog post available by clicking here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.