Food For Less has been a no-frills grocery outlet in Central California since the 1930s. To save costs, the customer bags their own groceries, and the interiors are modest with an emphasis on function over form.
Many of the stores are owned by Kroger, but most of those in central California are individually operated or franchised outside the Kroger buyout. They have a strong customer base, and their shoppers count on the savings they get to keep coming back.
Unfortunately, with the volume of shoppers that enter their stores, there are accidents that cause some of their customer’s serious injuries.
Dangerous Hazards
A dangerous hazard in a grocery store is anything that can cause an unsuspecting shopper injury. The most usual is a slip and fall coming from something on the floor. But it can be trash or boxes to trip over, a live wire that causes electrocution or just about anything that creates a likelihood of an injury.
Under California law, Food For Less has a duty to all customers to keep their stores reasonably free from dangerous hazards. If they fail in their duty, they may be liable for any injuries.
The keyword is reasonable. The law doesn’t require the store owner to be liable for any spill that just happened, but when one does occur, they need to clean it up in a reasonable time. The law also requires the victim to prove that Food For Less didn’t take reasonable steps to make their store safe for customers.
Types of Injuries in a Slip and Fall
At Maison Law, we’ve seen all types of injuries that come from grocery stores due to the negligence of the store owners. In most of these, they have failed to properly clean up or fix a dangerous hazard. Some of the more common injuries we’ve seen come from stores like Food For Less Supermarkets are:
- Broken Wrists
- Broken Hips
- Head Injuries
- Spinal Cord Injuries
- Severe Back Strain
- Deep Lacerations
- Electrocutions
- Chemical Burns
Making a Slip and Fall Claim
The victim has the burden to prove that the store owner was negligent. There are two primary ways to prove negligence in a slip and fall, and either one will create liability for the injured.
Failure to Act after Notice
When the store owner or manager knows about a dangerous hazard, he or she has a reasonable time to fix the problem. There is not a set time such as 15 minutes, but it is what is reasonable under the circumstances.
If the hazard goes unfixed after notice, or if the store doesn’t send out people to check for safety hazards, then the owner can be liable for any injuries.
Negligent Fix
If the store tried to fix the hazard but did it negligently and then someone was injured because of a negligent fix, then the store could also be liable. One example is if there was a clean up to be done but the employee mixed bleach and ammonia and it formed a toxic gas, then the negligent fix becomes a liability.
Proving Your Claim
Slip and Fall cases are sometimes difficult to prove because the owner will claim they did things in a safe and reasonable manner. At Maison Law, it’s our job to poke holes in their claims and get you the compensation you deserve. After all, you were just out trying to shop at their store and now you are injured and can’t work.
Contact a Personal Injury Lawyer.
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice, and personalized attention to detail their case deserves.
