Visitor Question

Broke my toe on the aisle display…

Submitted By: Lisa (Farmville, NC, USA)

I was in the local chain supermarket picking up plastic utensils. I was walking down the bread/dairy aisle to the checkout and I broke my toe on one of the aisle displays. The toe is pretty awful looking and the pain is intense. It is worse pain than what I felt after my two c-sections.

Can the store be held liable in any way for my injury?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Lisa,

It’s likely the store will be liable for your injury. A supermarket has a legal “duty of care” to make its store premises safe. The duty requires the store to take all reasonable action to protect their customers and visitors from undue harm and injury.

Unless you were walking barefoot, or were intoxicated at the time of your injury, the store’s general premises liability insurance should pay for your medical bills, out of pocket expenses for medications, crutches, etc., lost wages during the time you are unable to work, and for your pain and suffering.

Your claim for compensation will have to be supported by medical bills and receipts for out of pocket expenses. You will also need written verification of your lost wages, if any. Hopefully at the time of your injury you contacted the store’s manager. If so, she will likely have completed an “incident report.” That incident report will in all likelihood be turned over by the store’s manager to their insurance company.

If you haven’t already reported the incident, do so promptly. For every day which passes without notifying management the insurance company may say your injury was caused by an intervening event.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 5, 2013

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