I slipped and fell in Publix but I failed to notify the management, do I still have a case?


Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Answer: This question cannot be answered with a simple yes or no. The mere fact that someone slips and falls in a supermarket, leaves the store, and fails to report the fall to anyone does not take away a person’s right to file a personal injury claim. However, by failing to report the fall and failing to document the injuries at the time of the accident, the attorney’s job becomes significantly harder. The very first thing one should do if he or she falls (and does not require immediately medical attention) is to stop all nearby witnesses and get their names and telephone numbers. In addition, take pictures with a camera phone of the liquid or dangerous substance on the floor. Finally, contact the staff of the supermarket and show them exactly where and why you fell. By taking these three measures, a victim is properly documenting and preserving evidence that can be later used to prove liability against the supermarket. Remember, the mere fact that a person gets hurt in a supermarket does not automatically mean the supermarket is responsible to pay for their injuries. Victims must prove that the supermarket acted negligently and such negligence was the proximate cause of the fall and the injury.

So the short answer to the question posed above is, yes you may still have a case, and preserving the evidence the best you can and getting the contact information for all witnesses can be the life saver for a case.

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