Trader Joe’s Duty
As a grocer, Trader Joe’s owes its customers a legal duty to be free from hazardous conditions that might cause accidents and injure them. In the context of a grocery business, of particular concern are conditions that cause injuries to customers from both slip-and-falls and trip-and-falls. Any Trader Joe’s is large, and with their size, a customer might suffer injuries in a slip-and-fall after stepping onto a spilled liquid that had yet to be cleaned up. A customer might also suffer injuries in a trip-and-fall as a result of uneven walking surfaces, merchandise racks, displays or even promotional objects.
Slip-and-Falls vs. Trip-and-Falls
Slip-and-fall accidents and trip-and-fall accidents are often referred to interchangeably, but they’re two entirely different types of accidents that require two entirely different legal approaches. Both of them turn on the laws of premises liability and negligence. In a slip-and-fall, there is a loss of friction between the victim’s feet and the surface he or she is walking on. The victim usually falls backward. In a trip-and-fall, there is an object or uneven surface that the victim’s toe hits, and he or she usually falls forward. Injuries in slip-and-falls are ordinarily to the rear of the victim’s body, while injuries in trip-and-falls are ordinarily to the front of his or her body. In either case, those injuries might include the following:
- Skull fractures.
- Spinal cord injuries.
- Spinal structure damage.
- Shoulder, arm, wrist, hip, knee and ankle fractures.
- Dental injuries.
- Fatal injuries.
The Notice Issue
The common thread in proving liability in slip-and-fall and trip-and-fall accidents is notice of the condition. It must be proved that the merchant either knew or should have known of the hazardous condition that caused the shopper’s accident and injuries. Actual knowledge might be shown if the condition was caused by the merchant. Constructive knowledge can be proved by showing a failure to regularly inspect the premises for any hazardous conditions that might have suddenly arisen or slowly developed. If such a condition is found in an inspection, it must be remedied or repaired as soon as possible, and shoppers must be warned of it.
What to Do After an Accident at Trader Joe’s
You should immediately report your accident to Trader Joe’s management, but don’t sign anything without first consulting with an attorney. Then, get immediate medical treatment. If you need the assistance of paramedics and transportation by an ambulance, call 911. After that, contact us as soon as you leave the hospital to arrange for a free consultation and case review. No matter what the opposing insurance company’s representative might tell you, politely refuse to give any type of a statement. California law doesn’t require you to give one.
