Slip and fall accidents in supermarkets can result in serious injuries with lasting physical, emotional and financial consequences.
While not every fall gives rise to legal liability, a business may be held responsible when it fails to maintain reasonably safe premises or neglects to warn customers of a known or foreseeable hazard. When a hazardous condition exists without an adequate warning sign, injury victims may have cause to file a claim for compensation.
Does the absence of a warning sign automatically make the store liable?
Not always, but it can be an important piece of evidence. Supermarkets have a duty to keep their premises reasonably safe for customers. That includes inspecting the property, cleaning hazards within a reasonable time and warning shoppers about dangers that cannot be removed immediately.
A missing warning sign may suggest the store failed to alert customers to a known hazard. However, liability usually depends on additional factors, such as:
- Whether the store created the dangerous condition.
- How long the hazard was present.
- Whether employees knew about it.
- Whether they should have discovered it during routine inspections.
- Whether a reasonable customer could have seen and avoided the danger.
For example, if an employee mopped an aisle but forgot to place a “Wet Floor” sign nearby, that could support a claim that the store failed to exercise reasonable care.
Can the supermarket argue that you were partly responsible?
Yes. North Carolina follows the doctrine of pure contributory negligence, one of the strictest negligence rules in the country. Under this rule, an injured person who is found to have contributed to the accident in any way, even minimally, may be barred from recovering compensation.
For that reason, supermarkets can argue that the hazardous condition was open and obvious, that the customer was distracted or that the customer failed to exercise reasonable care while walking through the store.
If you have been injured after slipping in a supermarket with no warning sign, speaking with a reliable legal team can help you to determine whether you have grounds to pursue compensation.
