Doctor taking care of patient with injured foot

Can I Sue a Grocery Store If I Was Hurt on Their Property?

The Law Office of Steve Brannan Nov. 1, 2023

When you step into your local grocery store, the last thing you expect is to be involved in an accident. However, accidents can and do happen, often due to negligence or a lack of care on the part of the store or its employees. But can you sue if you're hurt? That’s what The Law Office of Steve Brannan is here to unpack; in short, it all depends on the circumstances of your case. 

Turn to their attorney for personalized advice and advocacy. They're located in Odessa, Texas, but they extend their services to clients residing in Midland, Big Spring, Pecos, Andrews, and throughout communities in West Texas. 

Common Grocery Store Accidents 

Grocery stores are bustling places filled with potential risks. From slippery floors to falling objects, the possibilities for accidents are numerous. You might slip and fall on a spill that wasn't cleaned up promptly or collide with a shopping cart left recklessly in an aisle. Even food poisoning from contaminated or expired products can be classified as a grocery store accident. 

It's important to understand that not all accidents are the fault of the store. Sometimes, they occur due to the negligence of another customer or even the injured person themselves. However, if the store fails to provide a safe shopping environment, it could be held liable for any injuries you sustain while you're on the premises. 

Understanding Duty of Care 

Every grocery store owes a duty of care to its customers. This means that whoever is in charge of the store has a responsibility to ensure the safety of their premises. Regular inspections should be conducted to identify and promptly address any hazards, and customers should be warned about potential dangers. 

If a grocery store fails to fulfill this duty of care and an injury occurs as a result, the injured party may have grounds for a personal injury claim. It's crucial, however, to establish that the store's negligence directly caused the injury. 

Who's at Fault for My Grocery Store Injury?  

Determining who's at fault in a grocery store accident can be complex. It could be the store itself if it failed to maintain a safe environment or if its employees were negligent. For instance, if an employee mopped a floor but didn't put up a warning sign, and a customer slipped as a result, the store could be held liable. 

In some cases, another customer might be to blame. For example, if a customer spills something on the floor and another customer slips before the spill can be cleaned up, the customer who caused the spill might be held responsible. Additionally, if a third-party worker, like a janitor, causes an accident due to negligence, they and their employer could be held liable. 

Who's Liable if I'm Injured in the Parking Lot? 

Injuries in the parking lot of a grocery store can also lead to legal action. If a hazardous condition in the parking lot, such as a pothole or poor lighting, caused the accident, the store might be held responsible. However, if another driver's negligence caused the accident, they would likely be liable. 

Gathering evidence, documenting the details of the accident, and consulting with a personal injury attorney can help determine who may be liable for your parking lot injuries. 

Filing a Personal Injury Claim in Texas 

If you've been injured in a grocery store accident in Texas, you might be able to file a personal injury claim. To do this, you'll need to prove that the grocery store was negligent and that their negligence directly caused your injuries. 

Texas follows a modified comparative negligence rule, which means if you're found partially at fault, your compensation could be reduced. If you're found more than 50% at fault, you might not be able to recover any compensation. Consulting with a personal injury attorney specializing in premises liability cases can help navigate these complexities. 

Statute of Limitations 

In Texas, the statute of limitations for most personal injury cases is two years from the date of the injury. This means that you have two years to file a claim. If you fail to file your claim within this period, you might lose your right to seek compensation for your injuries.  

Comparative Negligence 

The principle of comparative negligence comes into play when both parties share some degree of fault. As per Texas law, if you're found to be partially at fault for your accident, your compensation could be reduced in proportion to your degree of fault. If you're found to be more than 50% at fault, you may not be able to recover any damages.  

As always, it's best to consult with a knowledgeable attorney like the one at The Law Office of Steve Brannan, located in Odessa, Texas. They're well-versed in Texas law and can guide you through the complex legal process. 

Contact a Personal Injury Attorney for Help 

If you've been injured at a grocery store, it's strongly advisable to reach out to a personal injury attorney. The Law Office of Steve Brannan takes a personal interest in each and every client. They always strive to obtain full, fair, and adequate compensation for injuries suffered due to the negligence of others. Their office is located in Odessa, Texas, and they serve clients throughout West Texas communities. Contact them today to schedule a free consultation and explore your legal options.