Can I Sue a Grocery Store for Injury?

Being injured in a slip and fall accident can be a distressing event, especially if it happens during your weekly errands, such as grocery shopping. You may be wondering whether you can hold the store responsible for your injury? The answer is yes, you can potentially sue a grocery store for injury if you demonstrate that the store was negligent in maintaining the premises safe and that this negligence caused your injury.

Under Ontario’s Occupiers Liability Act, grocery store owners and store managers (as occupiers of the premises) owe a duty of care to customers and visitors. If they fail to take reasonable steps to prevent injuries and you get hurt as a result, you may be entitled to compensation for your injuries, including medical bills, lost income, and other damages.

Common Slip and Accidents at a Grocery Store

Grocery stores can be high-traffic areas where hazardous conditions can quickly develop. Here are the most common causes of slip and fall accidents in grocery stores.

Spills & Wet Floors

Spilled milk, juice, oil or cleaning products can create slippery surfaces. If store staff fail to clean these up promptly or don’t place a warning sign, the risk of fall accidents increases.

Improperly Stacked Merchandise

Items stacked too high or improperly placed on shelves may fail and cause serious injuries to unsuspecting customers.

Trip Hazards

Misplaced goods, debris, loose floorboards, or cluttered aisles can create trip and fall hazards.

Defective Equipment

Broken or malfunctioning shopping carts or baskets can cause serious injuries, if they veer uncontrollably or collapse.

Faulty Floor Mats

Improperly placed floor mats or uneven surfaces that bunch up or slide underfoot can lead to a fall.

Unsafe Parking Lots

Slip and fall cases also occur outside the store. Snow, ice, or potholes, in the parking lot may cause accidents if the store has not taken reasonable steps to clear or repair the area.

Broken Glass or Debris

Scattered glass, sharp objects, or boxes left in walkways can lead to injuries on someone else’s property.

Grocery Store Liability

Under the Ontario’s Occupiers’ Liability Act, grocery store owners and occupiers are legally required to take reasonable steps to ensure that their premises are safe for customers and other visitors. Failure to do so may constitute negligence, which can form the basis for a slip and fall lawsuit and a potential personal injury claim.

Reasonable Steps to Prevent Accidents

• Cleaning up spills quickly to prevent slick surfaces and falls
• Using appropriate warning signs to alert customers of wet or hazardous conditions
• Removing ice and snow from entrances, walkways, and parking lots to prevent winter-related fall injuries
• Fixing uneven flooring or damaged tiles that can cause tripping hazards
• Inspecting the premises regularly for any hazardous conditions or obstructions
• Addressing inadequate lighting in store aisles, corners, entrances, or parking areas to prevent visibility-related accidents

These measures are crucial in preventing slip and fall accidents caused by several factors, such as spilled liquids, obstructed pathways, or inadequate lighting. If the store fails to take these precautions and a customer is injured, the property owner or store manager may be held liable.

When a claim is successful, the damages awarded may include:

• Medical expenses and future care
• Lost wages or income
• Non pecuniary damages for pain and suffering
• Out of pocket expenses

Duty of Care

The duty of care under Ontario law requires that grocery stores maintain reasonably safe premises for all lawful visitors. The obligation is ongoing and applies to both the interior and exterior of the store, including aisles, entrances, and parking areas.

Key Responsibilities Under the Duty of Care Include:

• Regularly inspecting the store for potential hazards and dangers
• Fixing or cleaning hazardous areas, such as spills, cracked flooring, or misplaced merchandise
• Placing visible signs to warn of any known or temporary hazards
• Training staff to monitor for and response promptly to spills, clutter, or weather related hazards

Failure to uphold this duty of care open the doors for legal action if a visitor sustains a slip and fall injury. In such cases, the injured party may explore legal options by consulting with a personal injury lawyer and filing a legal claim to pursue compensation.

Remember, proving negligence often involves examining several factors, including:

• The store’s cleaning and maintenance records
• The presence (or absence) of warning signs
• Witness statements and surveillance footage
• The injured person’s medical documentation and reported limitations

If you or a loved one has been hurt due to a store’s failure to uphold this duty, don’t delay, explore your legal options today.

Can I Sue a Grocery Store If I Fell Outside?

Yes. Slip and fall injuries aren’t limited to the inside of the store. If you were injured outside, whether in the parking lot, on the sidewalk, or near the store’s entrance, you may still be able to file a personal injury claim if the grocery store or property manager failed to maintain those areas in a safe condition.

In many cases, grocery stores are responsible for the exterior portions of their property, including:

• Parking lots
• Sidewalks leading to the entrance
• Storefront walkways
• Delivery/loading areas

If the store is legally responsible for maintaining these spaces, they can be held liable for fall accidents that occur there.

You May Have Grounds for a Legal Claim if the Store Failed to:

• Salty icy walkways or stairs during winter conditions
• Fix a large pothole in the parking lot
• Remove snow and ice
• Provide proper lighting
• Clear debris, garbage, or shopping carts that may obstruct walkways
• Secure outdoor floor mats or entrance rugs to prevent them from bunching or sliding underfoot

These types of hazards are frequent causes of slip and fall injuries, and if if not addressed, could be considered negligence under Ontario’s Occupiers’ Liability Act.

Do I Have to Buy Anything to Sue?

No, you do not need to have made a purchase to sue a grocery store. Your legal rights as a visitor are not dependent on whether you bought something.

Even if you were browsing or accompanying someone else, you are still owed a duty of care as a lawful visitor. If you suffered a slip and fall injury due to store negligence, you have the right to seek compensation for your losses.

Can I Sue a Grocery Store for Minor Slip and Falls

Yes, even minor injuries can be grounds for a lawsuit if they resulted from unsafe conditions and store negligence. While a small bruise might not warrant legal action, shoulder injuries, broken bones, or spinal injuries, even if they don’t appear severe at first, can result in lasting pain, medical treatment, and lost wages.

You may be entitled to non pecuniary damages (pain and suffering), medical expenses, and future care costs even if medical attention for your injuries seem minor at the outset of fall case.

Seek Compensatory Damages with Legal Assistance

Navigating the legal process after a slip and fall incident can be overwhelming. It is not always easy to prove the store or insurance company’s negligence, slip and fall lawsuit especially when insurance companies and store manager try to avoid responsibility. This is where hiring a personal injury lawyer becomes crucial.

Building Your Case

To strengthen your case”

• Seek immediate medical attention even if you “feel fine” in the moment
• Report the incident to the store manager
• Gather evidence related to the slip and fall accident
• Get witness statements
• Keep all medical bills and receipts
• Contact a law firm for a free consultation

At Grillo Law, our experienced legal team can help determine the responsible party, assess you damages, and file a slip and fall lawsuit on your behalf in order to get you a fair settle

We’ll work to obtain fair compensation for:

• Medical treatments and ongoing care
• Lost income and wages lost
• Pain and suffering
• Out of pocket expenses