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With a diverse product line including liquids, powders and other potentially problematic substances, along with many aisles and high traffic volumes, it is easy to see that slip and fall accidents can happen at grocery stores and supermarkets. Even though businesses such as these may have safety and maintenance programs in place, they do not always protect the stores’ visitors.

• On May 13, 2016 an 85-year-old man in Oregon was awarded $1.6 million in a Safeway supermarket slip-and-fall case where the man slipped on liquid laundry detergent. The attorneys for the man argued that the company needed to take customer safety more seriously, and they contended that the company engaged in evasive tactics which included failing to preserve video surveillance footage despite being told to do so.
• In an earlier case, the jury returned a verdict in 2012 in favor of a woman who fell in a Jacksonville Florida Walmart. They found Walmart 80 percent responsible for her accident. When returning to a department to check the price on an item, she fell on a wet spot on the floor. Two weeks prior to this, she had shoulder surgery for a pre-existing condition and had a follow-up visit the day before her Walmart accident at which she had no complaints. The Walmart accident, however, caused irreversible nerve damage to her recovering shoulder.

When speaking about slip and fall accidents, generally they occur any time a person loses footing, falls and is injured. Slip and fall cases may include:

• Trip and fall when a person falls over an object in their path or an uneven surface.
• Step and fall when the fall is caused by a hole or a low spot in a path.
• Slip and fall when a slippery liquid or object causes the fall.

Florida slip and fall law

Slip and fall accidents are covered under Florida Statute 768.0755. This statute puts a burden of proof on the injured person as outlined below:

(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

(b) The condition occurred with regularity and was therefore foreseeable.

(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises. 

Slip and fall accident cases fall under a statute of limitations. That means that the case must be filed within 4 years of the date of the accident. A case may not be started after the 4-year period.

Who can be held responsible?

There are several entities which may be responsible. These include the property owner, the architect who designed the property, and construction company who built the property among others.

What compensation can be obtained in a slip and fall case?

The injured person who wins his/her case may be awarded for items which include:

• Medical costs
• Lost wages, now and in the future
• Permanent disability
• Emotional distress
• Other costs related directly to the injury

“We at Spivey Law Firm, Personal Injury Attorneys P.A. have the experience needed to handle your slip and fall case. Just one example of the type of cases we have handled involves a woman for whom we obtained a $4.5 million settlement when she suffered a brain injury and broken hip in a fall which occurred when she was knocked down by a broken door. Should you or a loved one be injured on the premises of another, contact our team of experts. Remember, there is a statute of limitations of 4 years from the date of the accident. You will want to contact us immediately following the accident so we can safe-guard any evidence and while the details of the accident are still fresh in everyone’s minds,” said Fort Myers Slip and Fall Attorney Randall Spivey.

Fort Myers Slip & Fall Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.