Grocery Store Slip and Falls
When you go to the grocery store, you do not expect to be injured. You assume that management will clean up any spills promptly. Unfortunately, some grocery stores in Tennessee fail to create or comply with policies to make sure that their floors are clear of foreign substances. At the Hartsoe Law Firm, Knoxville premises liability lawyer Mark C. Hartsoe can help you pursue compensation if you have been hurt in a grocery store slip and fall caused by a foreign substance or another dangerous condition.
Pursuing Compensation for Grocery Store Falls in TennesseeThe law assumes that a property owner or occupier has superior knowledge about the premises under its control. In Tennessee, someone who has control over property has a duty to keep it in a safe condition for visitors. The extent of this duty or the level of care varies depending on the visitor's status on the property. However, the greatest duty is owed to business invitees, who are people who visit a property for a reason that economically benefits both the business and them. Grocery store shoppers fall into this category. Groceries must exercise care to make sure that consumers are safe while shopping. If a dangerous condition cannot be fixed promptly, a store is supposed to provide warnings. This may be accomplished by putting up a sign or orange warning cones.
A storeowner may be held liable if its employees created a dangerous condition, such as by spilling water in the freezer section or drinks aisle. Liability may also be established if someone else created the condition, but the owner knew or should have known about it.
A grocery store is expected to regularly inspect its premises for dangers such as spilled substances. In order for you to win a premises liability case, you will need to prove that the grocery store had actual or constructive notice of the dangerous condition that caused your fall. This may be difficult to prove because conditions in a grocery store may be transient. The spill may be immediately cleaned up, or a surveillance tape may be used and erased as a routine business practice. The short life of evidence in these cases may make them especially challenging to prove. If you have a significant injury, these cases may be worth pursuing.
The notice requirement is satisfied, however, if you can show that the condition existed for a long time, such that the store should have observed it. It may also be established by showing that the store has a pattern of conduct, or there was a continuing condition or a re-occurring incident. In other words, you may be able to establish notice by looking at whether there were prior similar spills or conditions in the past that caused shoppers to fall. Once notice is established, you will also need to prove that the owner did not use reasonable care to fix the condition or warn shoppers about it.
Consult a Knoxville Lawyer for Your Premises Liability CaseIf you are injured in a grocery store slip and fall, you may be able to recover damages for your harm, including both your economic and noneconomic losses. Premises liability cases may be challenging, but Knoxville premises liability attorney Mark C. Hartsoe has the experience and skill to represent you so that you can focus on getting well. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to set up a free appointment with a slip and fall attorney. We assist injured people throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.