IWS: Injured While Shopping

The lawyers at the Rockafellow Law Firm personally take nearly every incoming phone call for a potential case. When it comes to potential slip and fall or trip and fall claims, we often hear a common misconception floating around: that if you’re hurt within a store or place of business, the business is automatically liable and responsible for your injuries. This is not always true!

In reality, we must prove that the business acted negligently by failing to timely warn or fix a known hazard which led to an injury. This means that if you slip in some liquid at the grocery store and break your ankle, you must prove with a preponderance of the evidence (greater than 50%) that the business or its employees either caused the spill or knew about the spill and failed to clean it up in a timely manner or failed to warn shoppers of the hazard.

Many people become injured when they slip on liquid inside a store or business. If the liquid was spilled by another customer who failed to clean it up and did not tell an employee about it, as is most often the case, then the business likely had no knowledge of the spill and is not responsible for your injuries. If an employee caused the spill and didn’t clean it up and didn’t place warning signs, then the store may be responsible. If the liquid was the result of a leaking roof or freezer or produce cooler, then the business may be responsible for your injuries.

In premises liability, as it is referred to in the law, prior knowledge of the hazard can be difficult to prove. Most of the time the injured customer will be found to be at least partially responsible for failing to see and avoid the hazard. Nonetheless, this type of case can amount to large settlements if the patron is seriously injured. The Rockafellow Law Firm is one of the few firms in Tucson that pursues premises liability claims. If you believe you have a claim against a business for failing to fix a known hazard within the store contact the Rockafellow Law Firm at 520-750-1800.


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