Can I Sue If I Slipped and Fell at a Grocery Store?

Can I Sue If I Slipped and Fell at a Grocery Store?

A slip and fall at the grocery store can be shocking and painful. In an instant, you’re dealing with injuries, mounting medical bills, and potential time off work. It’s natural to feel frustrated and wonder if you can sue the store for what happened. You may have a valid claim, but only if specific conditions are met. At SAM LAW OFFICE LLC, we have analyzed many slip and fall cases over the years, and we look for several key factors to determine if you have a case, including:

•   Store Negligence: Was your fall a direct result of the store’s negligence?
•   Supporting Evidence: Do you possess sufficient evidence to substantiate your claim?
•   Documented Injury: Did you sustain an injury and promptly seek medical attention?
•   Comparative Fault: Is your fault for the incident less than 50%?
•   Statute of Limitations: Are you within the legal timeframe for filing a claim?

Let’s take a closer look at the circumstances under which you may be able to sue for a slip and fall accident at a grocery store.

Did the Store’s Negligence Cause Your Fall?

You may have a case if the store was negligent. Under premises liability law, grocery stores have a legal duty to maintain a safe environment for their customers. This means they must take reasonable steps to prevent accidents. Negligence can include wet floors without warning signs, spilled items left unattended for an extended period, inadequate lighting, or damaged flooring that creates a tripping hazard.

What Evidence Do I Need to Prove I Fell in a Grocery Store?

You will need strong evidence to prove the store was negligent and that its negligence caused your fall. Immediately after your fall, if you are able, you should start gathering proof. This includes taking photos or videos of the hazard that caused you to fall, as well as the surrounding area. Ask for the contact information of any shoppers or employees who witnessed the incident. Be sure to file an official report with the store manager and request a copy for your records. Later, your medical records will become crucial evidence documenting the injuries you sustained. Security camera footage can also be invaluable, but you may need an attorney to help obtain it.

Do I Need to See a Doctor Even if I Feel Okay?

You must seek medical attention to have a valid claim. To file a personal injury lawsuit, you have to show that you suffered actual harm. Some serious injuries, like concussions or internal damage, don’t show immediate symptoms. Seeing a doctor right away creates an official medical record that links your injuries directly to the fall. Waiting to get checked out can give the store’s insurance company a reason to argue your injuries aren’t as severe as you claim or were caused by something else.

Can I Still Sue If I Was Partly Responsible for My Fall?

You can only sue as long as you were less than 50% at fault for the accident. Illinois follows a “modified comparative negligence” rule. This means your potential compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault because you were looking at your phone, you could still recover 80% of the damages. However, if you were found to be 51% or more at fault, you cannot recover any compensation.

How Long Do I Have to Sue After a Slip and Fall?

In Illinois, you generally have two years from the date of the injury to file a personal injury lawsuit. This deadline is known as the statute of limitations. While two years might seem like a long time, it’s critical to act quickly. Evidence like security footage can be erased, and witnesses’ memories can fade. Contacting an attorney promptly helps preserve crucial evidence and protects your right to sue.

Let Us Determine if You Have a Case

While not every fall results in a lawsuit, you may have a valid claim if the store’s negligence led to your injuries. Grocery stores and their insurance companies have legal teams dedicated to fighting these claims, which is why having a personal injury attorney on your side is so important.

The legal team at SAM LAW OFFICE LLC can evaluate your case, help collect evidence, and negotiate on your behalf. Contact us today for a consultation to discuss your situation and determine if you have a case.