Is A Store Liable For A Customer Injury? (February 2025)

What Happens When You Are Injured in a Store?

Many slip and fall cases happen in stores. The exact sequence of events afterward depends on the nature of your injuries. Typically, though, you should take the following steps:

1. Report the Injury to Management

If possible, you should immediately alert an employee. Most stores have a set procedure for filing incident reports, but if an employee doesn’t fill one out, you should ask. If you decide to pursue legal action, an incident report will be an important part of your claim.

At this point, don’t say anything that suggests you might be at fault. Even saying something as benign as “I can be so clumsy” could be used against you if you pursue legal action.

2. Document the Scene

Unless you’re too injured to do so, you should take pictures of the accident scene. It’s important to capture the hazard (or hazards) that caused your injury. These are some possible examples:

• Boxes or other tripping hazards in the aisles
• Cracks in the floor or rumpled carpet
• An unmarked wet floor
• An item that has fallen from a high shelf

If possible, you should also get the contact information for any witnesses. If you pursue a personal injury case, having witness testimony to corroborate your version of events can be extremely helpful.

3. Seek Medical Attention

You should seek medical attention as soon as you can. If you don’t think your injuries warrant a trip to the emergency room, it’s a good idea to at least visit an urgent care center.

4. Keep Records

Do your best to keep an organized record of your medical expenses and any other costs associated with your injury. This is a good idea even if you think you won’t need to pursue legal action.

For instance, the initial urgent care cost might not seem like much. However, if your injury worsens and you need surgery, you may decide it’s in your best interests to seek compensation.

5. Talk to a Lawyer Before the Insurance Company

It’s possible that a representative from the store’s insurance company may try to contact you about the accident. However, you should refuse to discuss the details until you’ve consulted with a personal injury lawyer.

Insurance companies will often try to get injury victims to trip up and say something that implicates them. When you have a lawyer, your attorney can talk to the insurance companies for you.

Is a Store Liable for a Customer Injury?

Many people mistakenly believe that if you suffer an injury in a store, the store is automatically liable. This is not the case, however.

Store owners are legally responsible for maintaining safe premises. If there is a hazard present that causes your injury, the store could potentially be at fault. However, if you suffer an injury when there’s no negligence on the part of the store owner or an employee, the store is unlikely to be held responsible.

For instance, imagine that you’re walking through the produce section when you suddenly slip and fall. You realize that there is a large puddle of water on the floor that isn’t roped off and has no signage around it. In this case, the store could be liable for your injuries because there is a major hazard that it has not warned customers about.

Now imagine that you are walking through the store and somehow trip over your own feet. You fall to the ground and suffer a serious injury. Even though you’re seriously hurt, there was no negligence or wrongdoing on the store’s part, which means the store would most likely not be liable for your injuries.

Proving Negligence in Store Injury Cases

In a slip and fall lawsuit, it’s not enough for your lawyer to present evidence of your injuries and claim that the store owner is responsible. To win your case and secure compensation, your lawyer must prove the four elements of negligence:

• The store owner (or manager) owed you a duty of care.
• They breached that duty.
• Their breach of duty directly caused your injuries.
• Because of your injuries, you have damages to collect.

Here’s a look at what proving each element entails:

The Property Owner or Manager Owed You a Duty of Care

A duty of care is an obligation to act in a way that reasonably reduces the risk of harm. For instance, store owners have a duty of care to provide a safe environment for customers.

They Breached That Duty

If someone breaches a duty of care, they have failed to fulfill their responsibility. A store owner who doesn’t maintain a safe environment has breached their duty of care to customers.

Their Breach of Duty Directly Caused Your Injuries

To win your case, your lawyer must prove the store owner’s actions resulted in your injury. This is where CCTV footage, incident reports and witness statements can be very useful.

Because of Your Injuries, You Have Damages to Collect

“Damages” refers to compensation for injuries and other losses. To prove damages, your lawyer may present your medical bills, proof of lost wages and other evidence.

The Right Lawyer Makes a Difference

So is a store liable for a customer injury? Unless you’re an attorney, this can be difficult to determine. Even if you think you don’t have a viable case, it’s still a good idea to consult an experienced personal injury lawyer.

If you’re not sure where to start, don’t stress — reach out to ConsumerShield. We work to connect people like you with experienced attorneys in your area. Fill out our form and get started with a free consultation today.