Slipped on Frozen Peas in a Grocery Store...

by Joe
(NJ)

I slipped and fell in a local super market. I was walking down the aisle, looking at the bread selection, when suddenly I felt my foot slide, and the next thing I knew...I was on the floor. I looked around and saw frozen peas scattered over the area.

There is a freezer isle across from the bread isle. I hurt the inside of my right knee and twisted my left ankle. I was carrying a basket of food in my right hand - which was pretty heavy - so when I fell, it stressed out my right shoulder which already had a rotator cuff injury from 6 years ago. Now I'm experiencing some pain and discomfort in my shoulder again.

I took several pictures of the area with my cell phone camera...many frozen peas scattered around. You can see the smear mark from the one I slipped on. I spoke to the manager and filed an accident report. Is there anything else I should do? Thank you for any info you can give.

Visitor Question:
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ANSWER for "Slipped on Frozen Peas in a Grocery Store...":

Joe (NJ):

Yes, there is something else you should do, and do so immediately or as soon as is reasonable possible: Go to your local emergency room, local clinic, or your family doctor and be fully checked for injuries.

You did everything right in protecting the “accident scene” but need to go to the next step. Hopefully your injuries will only be some bruising. If they are more serious then you may want to follow up with the store’s management.

Documenting the events and your injuries is paramount in pursuing a claim for reimbursement for: your injuries, out of pocket expenses while recovering, lost wages, and possibly for the pain and suffering you endured.

If your new injuries include an exacerbation of your previous rotator cuff injury from 6 years ago, you may run into a problem documenting where the old injury left off and the new injury began.

If your injuries are not serious you can be happy knowing you filed an incident report with the store. Doing so may help the store’s management to be more vigilant of what substances or materials they allow to be left on their floor.

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

Best of luck,

Judge Calisi

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