You probably know about the typical slip-and-fall grocery store injury, even if you’re not a lawyer. It’s a relatively common one. You’re walking through a grocery store, you slip on a wet patch, and you take a nasty tumble.
If that happens, you could sprain an ankle. You could break an arm. Grocery store slip-and-falls can severely injure you, and if it happens, you might feel like you should get adequate financial compensation in return.
If you’re not a personal injury lawyer, though, maybe you have a tough time separating fact and fiction regarding these kinds of lawsuits. If so, we will set the record straight right now. You should know some of the basics just in case you ever decide to file one of these lawsuits and go after a negligent grocery store that injured you.
You Can Sue a Person or Entity at Any Time
First, you may not feel certain about when you can sue a grocery store following a slip-and-fall incident. Strictly speaking, you can sue someone at any time. You can sue a person or business entity. You need nobody’s permission to move forward with a lawsuit.
However, if you sue a person or entity and you do not have sufficient proof, then you will probably lose your case. Consider that if you’re thinking about going after a grocery store following an injury on their property. If you don’t have any witnesses, photos, or video evidence that backs up your version of events, then you could still win, but you may find it harder.
It’s Usually the Property Owner Who Pays
When you sue a grocery store after a slip-and-fall incident, you might also not feel sure about who exactly you’re suing. This kind of lawsuit falls into the premises liability category, as any experienced lawyer will tell you. However, as someone who’s not a legal expert, you may not understand whether you’re suing the grocery store chain, the employee who mopped the floor and created the unsafe condition, or the property owner.
In most cases, you’re suing the property owner if you slipped and fell in a store. You’re not suing the grocery store chain or the individual who mopped the floor and made it wet.
The property has a duty to keep the premises safe. If they failed in that duty, they’re the defendant you can name when you file your lawsuit, along with your lawyer’s help.
You Probably Won’t Win if the Store Had Adequate Signage Up
Next, you should understand what you’re up against when you file one of these types of lawsuits. Many times, you can collect money in a grocery store slip-and-fall case if you have some eyewitnesses, video or photo evidence that shows events transpired like you say they did, or else you have a doctor’s report that indicates you suffered injuries when you slipped and fell.
However, there’s one factor that can sink your chances of collecting money. Even if you have many witnesses and either photos or video evidence, and even if you can show a doctor’s report describing your injuries, maybe the store had a wet floor sign up.
If so, then they will probably dispute the lawsuit, and with good reason. If they mopped up a spill and then an employee put up a sign or a couple of signs warning of a hazard there, then the property owner might say you demonstrated negligence by not reading those warnings.
In such situations, you will have a harder time convincing a jury that you should get some money. Even if you suffered a serious injury, they will probably feel you should have seen the wet floor signs. Only if you encountered dangerous conditions and didn’t have proper warning should you feel justified in bringing a lawsuit. The jury will likely agree.
You Can Get in Serious Trouble if You Fake an Injury
Some people have a litigious nature. They might bring a premises liability case or some other kind of personal injury lawsuit any chance they get.
If a jury or judge sees that you file these kinds of lawsuits often, then they will probably view your case with more suspicion. That makes sense, since they might suspect you’re a dishonest person who fakes injuries to try to collect settlements or jury payouts.
While some people do this sort of thing, it can backfire on you in a major way. If you try to act like a slip and fall hurt you, but you’re perfectly fine, an investigator might determine that and expose you.
You might score some cheap sympathy if you show up in court in a neck brace or have your leg in a cast, but if it seems clear you’re faking it, you might face stiff legal penalties, up to and including fines or jail time.
The Verdict Probably Will Not Make You Rich
You should know one final thing about slip-and-fall grocery store cases. If you establish that you did, in fact, injure yourself, and you can show plenty of evidence indicating that, you will probably not walk away with enough money to live on for the rest of your life.
In most civil cases, you can expect to collect money equaling the medical bills and lost wages from any time that you missed work while recovering. It’s true that you might get some additional money for your pain and suffering. However, unless the fall gave you a permanent injury, the jury will reasonably expect that you can recover in time.
If they feel that’s the case, you might get a significant amount of money, but not so huge that you can instantly retire. It’s not like a drunk driver that drove fifty miles over the speed limit and slammed into your car, causing permanent injury.
Grocery store slip-and-fall cases should get you some money, but probably not very much if the grocery store demonstrated negligence but not malicious intent or depraved indifference.
