I tripped on the curb of a grocery store and fell. there was sand and salt swept up in front of it. are they liable

Asked over 4 years ago - Merrimack, NH

i was walking into the grocery store and tripped over the curb and fell. there was sand swept up in front of the curb and didnt see the step up. i have had to have surgery to fix the damage to my arm and hand. are they resposnsible

Attorney answers (3)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . Property owners have a duty to reasonably maintain their property. To boil down a lengthy analysis, this duty requires people and companies who own properties, like this store, to remove hazards of which they have notice, or of which they reasonably SHOULD have been on notice. In law school they tortured us with cases figuring out what that meant. For example, if someone slips and falls on a brown banana peel that had grocery cart tire marks in it, one can presume that the peel had been there for a while, long enough that the store owner should have known about it. However, if there is a grape rolling along the floor and a person slips and fall on it, the store is not as likely to be held liable, because now the reasonable presumption could be that the grape just recently enough fell to the floor that it is still rolling along, and had not been on the floor long enough that one can say that the store knew or should have known about it.

    Finally, slip and fall cases have a very basic flaw. The injured person is contending that the store is negligent because they should have seen whatever hazard there was on the floor. But, the store scratches its head and says, if WE should have seen it, shouldn't the person who slipped have also seen it and walked around, avoiding injury?

    Negligence experts can correctly say I've oversimplified the analysis. But, volumes have been written on the subject. This is what it boils down to.

    I wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Mark Alan Steinberg

    Contributor Level 12

    Answered . Depends on whether the sand created a danderous condtion. Take pictures and see an attroney for their opinion. Make sure to hire on contigency not hourly. That way you know the attorney believes in the case.

  3. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    Answered . You really need to discuss this one on one with an attorney and hopefully have photos of the condition to show what caused you to fall, or that might be established by an accident report. You are a business invitee and so the store has a duty to maintain the premises in a safe condition for you. Contact someone to discuss your case. Most attorneys will offer a free consultation and take the case on a contingent fee basis. It is worth your time to find someone near you to meet with so that they can assess your case for you.

    JOYCE J. SWEINBERG ESQUIRE
    Attorney at Law
    105 A East Maple Avenue
    Langhorne PA 19047

    215-752-3732
    jjsesq@comcast.net

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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