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When an ordinary grocery store errand ends with you slipping, falling, and getting hurt, you might wonder: Can you sue a grocery store for a slip and fall in North Carolina?
North Carolina law may allow you to seek compensation in such circumstances, especially when the store’s carelessness caused the fall. The key element that makes a slip-and-fall case against a grocery store winnable is proof that the store knew, or reasonably should have known, about the dangerous conditions that caused the fall.
What Must You Prove in a Grocery Store Slip-and-Fall Case to Recover Compensation?
To prove fault in a North Carolina premises liability claim, you must prove one of two things. The governing rule comes from Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57 (1992), and it states that you need to demonstrate that either:
- The store created the hazard itself. Examples include an employee mopping without a sign, a stocker leaving a box in the aisle, or a display built in a way that causes produce or ice to spill onto the floor.
- The store failed to fix a hazard after it had actual or constructive notice of the hazard.
Actual notice means a store employee knew of the hazard. For example, an employee saw the spill, a customer reported it at the register, or a maintenance request logged a leaking cooler.
Constructive notice means the hazard existed long enough that a reasonable inspection would have found it.
North Carolina case law (Nourse v. Food Lion, 127 N.C. App. 235 (1997)) has established that courts look at the following kinds of proof:
- The physical condition of the hazard itself
- The store’s inspection practices
- Store safety policy versus the conditions on the ground
- Whether the design of the display makes hazards more likely
However, it is important to note that the evidence in the injured party’s claim must connect to the specific hazard itself, rather than to the store’s general sloppiness (Williamson v. Food Lion, Worsham-Fair v. Lowe’s Food Stores).
Common Grocery Store Hazards
The NC Division of Public Health’s falls data page notes that falls are among the leading causes of unintentional injury death for North Carolinians of all ages. Common fall hazards in grocery stores include the following:
- Produce on the floor, especially grapes, berries, and cherry tomatoes near open displays
- Melting ice from seafood and produce cases
- Leaking coolers, freezers, or roof drips
- Rainwater tracked in at entrances with no mat, or with a mat that is soaked, curled, or bunched
- Freshly mopped floors with no wet-floor sign
- Broken jars, spilled bottles, and leaking detergent
- Stocking carts, pallets, boxes, or cleaning equipment left in aisles
- Sample and demo stations that drop food or liquid
- Cracked tile, torn floor seams, and uneven thresholds
- Parking lot potholes, broken curbs, and poor lighting near cart corrals
North Carolina’s Contributory Negligence Rule
North Carolina follows a strict doctrine called contributory negligence, which bars injured individuals from recovering compensation if the other party can prove they were even slightly at fault for the accident (N.C. Gen. Stat. § 1-139). The harsh rule is often a grocery store’s favorite defense. If they use it successfully, they can avoid paying out anything to the injured party.
However, “you should have been looking down” isn’t automatically a winning argument. That is especially true in grocery stores, where displays and advertisements easily draw the shopper’s attention away from the floor. In such instances, the hazard ceases to be obvious, so a jury may well decide that the injured party shares no blame.
Nevertheless, the establishment will likely use every possible argument against you, so you should be as prepared as possible. You need an experienced Jacksonville, NC premises liability attorney from The Law Offices of John Drew Warlick, P.A., to stand up for your interests.
Evidence That Can Strengthen a Slip-and-Fall Claim
Some examples of useful types of evidence to strengthen your slip-and-fall claim against a grocery store include:
- Surveillance video – Store surveillance video in a slip-and-fall case can show a jury when a spill occurred, how many employees walked past it, and whether anyone put up a sign.
- Accident report – After sustaining a slip-and-fall injury, ask store management to write up a grocery store accident report before you leave.
- Photos of the scene – Try to take pictures before the scene is cleaned up so that you can capture evidence of what the hazard was and how long it might have been there.
- Sweep logs and inspection records – These logs can demonstrate whether the store actually followed its own cleaning schedule.
- Maintenance tickets – If, for example, there are maintenance requests for a cooler leak where you slipped on water, that could be evidence of actual notice.
- Witness names – Get the contact information of anyone who saw the accident, and note which employees were nearby.
- Clothing and shoes – Keep the articles you were wearing unwashed, as their condition can serve as evidence.
- Medical records – Seek medical assistance as soon as possible after the fall, and keep all records relating to your serious injuries.
What Compensation May Be Available?
A successful claim for a slip-and-fall injury in a grocery store can allow you to recover compensation for losses such as:
- Medical bills
- Lost wages during your recovery period
- Reduced earning capacity for long-term injuries
- Pain and suffering
North Carolina’s statute of limitations (N.C. Gen. Stat. § 1-52) generally gives you a maximum of three years to file a personal injury lawsuit. However, evidence such as video footage can disappear quickly, so it is important to have a lawyer working to protect your interests as soon as possible. Store video is often overwritten within days. Call (910) 455-7700 and we can send a preservation request right away.
Contact a North Carolina Slip-and-Fall Injury Lawyer
Having the right evidence is essential in a grocery store slip-and-fall accident case. However, it is the store that controls most of the key proof. With our skilled attorneys on your side, we can move quickly to secure it.
At The Law Offices of John Drew Warlick, P.A., we have the resources to gather evidence and hire experts who can support your slip-and-fall lawsuit. We have fought for slip-and-fall victims for over 50 years. With us, you’ll have a direct line to your lawyer throughout your personal injury claim. We offer free consultations at our office, at your home, at the hospital, or by phone.
Contact us today and let our personal injury lawyers get to work for you right away.
