Slips. Trips. Stumbles. Falls. These happen in AZ grocery stores every day.
Often, a few bumps and bruises occur. Sometimes, more serious injuries occur.
When the injuries are more serious, is the store liable (called “premises liability”)? How do you know if you have a claim?
Generally, to hold a store liable for injuries, you must prove several things:
- A dangerous condition existed;
- The store had notice of it;
- The store failed to remedy, safeguard or warn you; and
- You sustained injury.
Almost always, the first element exists A danger. Water, other liquid on the floor, soiled/smashed produce, etc… Foreign materials on the highly polished floor is a danger.
The second prong is the hardest: Proving the store had notice. Where did it come from? How long had it been there? Did the store or its employees have “direct knowledge”?
These can be hard Qs to answer. And, generally, if you cannot answer them, you likely cannot win your claim.
In order to get to #3, you must prove #2. (See our explanation for #2 above).
Difficult cases. Not many law firms will even take a premises liability case. But we do.