Stepped and fell on grapes on the floor in produce section...

by Ninfa
(Missouri City, TX)

While shopping at a supermarket in Sugarland, Texas, I was in the produce section and slipped on grapes, which were scattered on the floor. I fell and landed on my hip & elbow. People and workers rushed to help. I was able to stand up, and management came and got my information. They also offered a handicap motorized scooter to continue my shopping.

I was in pain so I went to see my personal physician. She examined me and found no fractures. I have not been contacted by Management from the store to check on my condition or anything like that. I guess someone has to kill themselves to get attention. Do I have a case here? Is there anything I can do? Thank you.

Visitor Question:
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ANSWER for "Stepped and fell on grapes on the floor in produce section...":

Ninfa (Missouri City, TX):

Fortunately, you did not sustain a more serious injury. From the facts you present we can presume there must be some bruising and swelling, along with pain and discomfort. Before proceeding, be sure you are fully evaluated by a doctor. It's important to be sure there aren't any latent injuries which might arise at a later time.

While the manager is not under legal obligation to do so, you can ask him or her for a copy of the store's incident report. In most cases, store managers are required to complete incident reports when a customer has been injured on the premises.

Store owners have what is referred to as a "legal duty of care" to make sure their premises are safe for customers and other persons legally upon the premises. It is arguable the store breached its legal duty by not clearing the grapes from the floor in a timely manner. As a direct and proximate result of their breach you were injured.

At a minimum, the store should pay for your medical bills, even if at this point they are limited to the one doctor visit. The store should also compensate you for any medications you had to buy, and for your lost wages, if as a result of the fall you had to miss work.

Lastly, the store, while not under a legal obligation to do so, should also compensate you for your pain and suffering. If all you sustained was temporary bruising, that amount will not be very much. If the bruising and some soreness constitute the entirety of your injuries, then asking for an additional $1500 for your pain and suffering would be appropriate.

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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