Slip and fall cases are highly common in California grocery stores. Here’s what you need to know about grocery store slip and fall cases.
Previous Cases
- In 2015, Vicki Bartholome slipped and fell in an Oceanside Ralphs grocery store. She was awarded $1.4 million in damages for her injuries. The judgment included $270,000 for her medical bills and $1.1 million in non-economic damages for her pain and suffering.
- On February 2, 2014, Rose Peralta slipped and fell on a slippery floor in a Vons grocery store. Vons was found not liable, because they had taken all necessary precautions to prevent the incident.
- A $650,000 settlement was awarded to Ms. Raley when she fell in a Merced grocery store in California.\
- Craig Walters, 49, was shopping at a Kroger grocery store when he slipped and fell on a piece of fruit on the floor. Walter suffered a spine injury and, as a result, was no longer able to work. Craig Walters was awarded $2.3 million for the injuries incurred from the accident.
- An 85-year-old man fell in a store owned by Safeway. The fall led to a broken femur. He received a $1.6 million settlement, including $102,000 for medical expenses, $525,000 for pain and suffering, and $1 million in punitive damages.
These are only a few verdicts and settlement amounts.
Elements of Grocery Store Slip and Fall Cases
In California, essential elements of grocery store slip and fall cases include:
- Dangerous Condition: The defendant knew about or should have known about the dangerous condition and did nothing to remedy the safety hazard.
- Previous Knowledge or Notice: The condition must have been hazardous and preventable. For example, if a person slips on spilled milk before a grocery store could reasonably clean it up, the grocery store cannot be held liable. However, if someone spills milk and the spill is left there for 30 minutes and then someone slips, the grocery store can be held liable.
- Owed Duty: An owner or manager on the premises is responsible for remedying hazardous situations, such as a spill because they have an owed duty to the public. Regular staff (that do not hold a managerial position) likely do not have an owed duty.
- There must be a real and provable injury for compensation to be gained.
Related: How to File a Slip and Fall Lawsuit in California
What To Do If You’ve Slipped and Fallen in a Grocery Store
- Notify a nearby employee of your accident. If you are seriously injured, call 911 if able.
- Capture the scene of your accident as much as possible by taking video or photos.
- Give an official statement to a store manager and tell them to file an accident report.
- See a doctor once you are ready to leave the store, you will want a same-day medical record showing your injuries.
- Call an attorney to get your premises liability claim started.
Related: Slip and Fall Out of Court Settlements
Average Settlement for a Grocery Store Slip & Fall Claim
Less severe slip and fall accidents tend to compensate the plaintiff around $10,000 to $50,000. More severe grocery store accidents compensate the plaintiff in the hundreds of thousands or perhaps even millions of dollars.
FAQs
If I slipped but was not injured can I still file a claim against the grocery store I fell in?
You can still file a claim, but the awarded damages would likely be very small or the case would be dismissed if taken to court.
Contact Us
If you’re like to know more about grocery store slip and fall cases in California, get your free consultation with one of our Slip and Fall Attorneys in California today! We won’t charge you a dime unless you win your case.