I slipped and fell at Publix. What do I need to prove in order to show that they were negligent?

Author: Attorney Jason Macri

Publix is one of Florida’s most successful retailers. They are a favorite amongst most Floridians, with over 700 stores throughout the State. While most of Publix’s retail locations are clean and tidy, there are occasions where Publix employees are negligent and allow dangerous conditions to exist within the store. The most common dangerous condition within Publix stores is a wet floor.

Publix sells many items which could possibly spill onto the floor, from bottles of water and sodas to cleaning fluids and laundry detergents. On occasion, the bottles which contain these fluids are defective and thus, allow the fluids to leak onto the floor. In other situations, customers may open a bottle of fluids or drop one onto the floor, allowing the item to leak onto Publix’s floor, creating a dangerous condition. However these fluids make their way onto the floor, Publix employees are required to ensure that these fluids do not remain on the floor for an extended period of time. If the employees are not actively attempting to identify whether Publix’s floor is wet or dry, customer safety will be at risk.

The safety of the customer is typically of upmost priority for Publix’s employees. Unfortunately, not every employee carries out their job duties perfectly. On occasion, a Publix employee will allow a spill to remain on the floor for an extended period of time. If a customer slips and falls in a slippery substance which was present on Publix’s floor for a sufficient length of time, that customer will have a negligence claim against Publix. The ultimate question will become; whether Publix either knew or should have known about the dangerous condition within their store.

Proving Publix had knowledge of a dangerous condition, whether it is actual knowledge or constructive knowledge, is a prerequisite for any injury claim. It is not sufficient enough just to show that Publix’s floor was wet. One must also prove that Publix either knew or should’ve known about the condition. This is where length of time that the condition existed becomes very important. If one is only able to prove that the floor was wet, but cannot prove that Publix knew it was wet or that the floor was wet for a sufficient length of time, then one cannot succeed in a lawsuit against Publix.

Anyone injured in a slip and fall at Publix must remember how important it is to gather evidence. Speak with employees and customers to not only identify the source of the wet floor, but also how long this condition existed. Try and determine if Publix employees knew about the dangerous condition prior to your fall. Take a look at the wet floor and determine if there are any characteristics of the puddle which would help show that it was there for a while. Any evidence that can be gathered can be useful to your attorney when it comes time to prove negligence.