I slipped and fell at Publix and I know it was caught on their surveillance cameras. They will give me a copy of the video, right?


Attorney Jason MacriAuthor: Attorney Jason Macri

Publix is Florida’s largest and most popular grocery chain. They are located in every town and city throughout the state. Millions of Floridians shop at Publix every year. Though the majority of the Publix locations do a great job at keeping their stores safe, people continue to become injured while shopping at Publix. Much of the time, the injury is due to Publix’s negligence. Many times a customer will slip and fall on a wet or excessively slippery floor. Typically, a Publix employee will respond to the scene of the incident in order to provide assistance. Usually, a manager will follow-up with the customer in order to properly document the incident. Though the Publix staff may appear helpful and attentive, one must keep in mind that their sole allegiance is to Publix. Publix employees are not going to help you prove that Publix was negligent.

Anyone who has been to a Publix and is aware of their surroundings will note that there appear to be many surveillance cameras throughout the store. The cameras are there for a multitude of reasons. Cameras aid in theft prevention and inventory control. They also help to ensure the protection of customers and staff. The footage produced by the cameras, however, is the property of Publix and is considered their work product. This means that Publix will not willingly produce their footage to you simply upon your request. Many of our clients who have become injured at Publix will assume that we can simply request a copy of the surveillance footage in order to prove Publix was negligent. The truth is that Publix will deny such a request and will refuse to willingly provide footage.

Even upon the filing of a lawsuit, Publix is not under the duty to provide surveillance footage to the Plaintiff. They will not provide footage unless compelled by Court order. The Law Office of Dell & Schaefer has filed many lawsuits against Publix and always requests a copy of the surveillance footage. Publix will typically fight the production of the footage requiring the matter to be brought before the presiding Judge on a motion to compel production of the surveillance footage. The vast majority of the time, the presiding Judge will order the production of the footage.

Just because a Judge has ordered the production of the footage does not mean you are in the clear. Many of Publix’s store surveillance systems are of a poor quality. Much of the time, the footage is not clear or the camera is at a poor angle. Sometimes the surveillance system stops recording altogether, in which case your injury will not be caught on camera.

The bottom line is that you cannot rely on Publix’s surveillance system to prove your case. Instead, conduct your own investigation immediately after becoming injured. Snap photos of the scene with a camera phone. Get names and contact information of witnesses. Try to determine what caused your injury and where it came from. Lastly, try and determine how long the dangerous condition had been there and whether Publix employees either knew about it or could’ve done something to prevent it. If you become injured at Publix, ask the manager to call 911 for you and have EMS pick you up from inside the store.

Once you are released from the hospital, call a lawyer. Your attorney will want to get started conducting her/his own investigation. Publix has a team of lawyers to defend them and you should too. Don’t hesitate to protect yourself. Every day that passes where you are not represented by a lawyer is another day that Publix has had the opportunity to work on defending against your case.



2 comments

Tuesday, June 30, 2015
Latanya Downer:

I am a 32 years old mother that just happen to be shopping with my son and my 4 month year old newborn baby girl. As we were getting ready to leave the aisle there was the head manger of the store training an employee something. I walk not even two feet and feel right on to my right knee with my newborn in my arms so prevent her from hitting the ground. To my surprise it was a grape and they rush to wiped up any residue from there floor. But before I know all of the employees that seen me fell down exspecally the manger… rush to my add to help and my baby from of there floor. I need help now because this just happen about 5:25 pm on 6/30/15 in a town of Kennesaw Ga.30152.

Wednesday, July 1, 2015
Jason Macri:

Hi Latanya,

Did the manager create an incident report? Were any photos taken of the grape on the floor? Feel free to call us to discuss your case further.

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