John Austin | April 17, 2023 | Slip and Fall Accidents
A slip and fall accident inside a Publix store can leave you dealing with severe injuries, hefty medical expenses, and lost productivity. You have a right to compensation after sustaining an injury due to Publix’s negligence.
Typical forms of negligence include leaving spills unattended, ignoring hazards, or failing to post warning signs. However, suing a large grocery chain isn’t always straightforward. Publix and its insurance company will likely fight to minimize or deny your claim.
You should, therefore, work closely with a legal professional for guidance on protecting your rights. Our slip and fall accident lawyers at Roman Austin understand the Florida premises liability law, allowing them to represent you.
We can investigate the accident, gather evidence, and advise whether to file a claim or lawsuit against the Publix store. We understand the impact of injuries and will fight tirelessly to maximize your recovery.
Slip and Fall Accident Key Takeaways
- You can sue Publix for a slip and fall if negligence caused your injuries.
- Proving negligence requires showing the store failed to maintain safe premises.
- Compensation may include medical bills, lost earnings, and pain and suffering.
- A slip and fall lawyer can gather evidence, negotiate with insurers, and fight for maximum recovery on your behalf.
- Call a slip and fall accident attorney to protect your legal right to fair compensation.
Can You Sue a Store for a Slip and Fall
Yes. You can sue Publix if you slipped and fell in one of their stores. However, you must prove the grocery chain was negligent in maintaining safe premises for customers. Like all property owners, Publix has a legal duty to keep its stores reasonably safe and address known hazards.
Here are a few reasons to sue after a slip and fall in a Publix store:
Low Ball Settlement Offers
Publix’s insurance company often makes inadequate initial settlement offers that fail to cover the full extent of your damages. These lowball offers typically arrive during treatment and may not account for ongoing medical treatment, physical therapy, or long-term complications.
Large corporations like Publix have experienced legal teams that understand injured victims need cash and may accept insufficient compensation. A slip and fall accident attorney can evaluate whether Publix’s offer reflects your case’s value.
If the offer is unreasonably low, litigation may be necessary to secure fair compensation.
Severe Injury or Permanent Disability
Serious injuries resulting from Publix slip and fall accidents often require filing a lawsuit for adequate compensation. Traumatic brain injuries, severe fractures, or injuries requiring multiple surgeries generate substantial medical bills and long-term care costs.
You can also initiate a lawsuit for a permanent disability that affects your ability to work or enjoy life activities. A judge and jury can provide fair compensation that insurance companies rarely offer voluntarily.
When Publix customers suffer life-altering injuries due to negligent store conditions, litigation ensures proper valuation of economic and non-economic damages. For example, a slip and fall accident attorney can demonstrate in court the future earning capacity loss, loss of companionship, and the psychological impact of the injury.
Uninsured/Under-insured Store Owner
While Publix maintains substantial liability insurance coverage, some franchise locations or smaller Publix-affiliated businesses may carry inadequate insurance limits. If the available insurance cannot cover your damages, you may need to sue Publix directly to access additional assets and compensation sources.
A slip and fall accident lawyer can investigate all available insurance policies to identify the best recovery options for your losses.
Disputed Liability
Publix often disputes liability in slip and fall cases, claiming customers were at fault or that no hazardous condition existed. The company may argue you weren’t paying attention, wore inappropriate footwear, or ignored warning signs.
You can file a lawsuit when Publix denies responsibility for your accident. A slip and fall accident attorney can use a lawsuit to conduct formal discovery, obtain surveillance footage, interview witnesses, and gather evidence proving the store’s negligence.
Litigation provides legal tools to compel Publix to produce documents and testimony that support your claim.
Negligent Maintenance of Store Premises
Publix stores must maintain safe conditions through regular cleaning, prompt spill cleanup, proper lighting, and adequate warning signs. Negligence issues include failing to clean up spills quickly, inadequate floor maintenance, broken or uneven flooring, poor lighting in parking areas, and insufficient warning signs for wet floors.
If Publix employees knew or should have known about dangerous conditions but failed to address them promptly, the company may be liable for resulting injuries.
You can pursue compensation for punitive damages in cases where Publix’s conduct goes beyond negligence, such as recklessly ignoring repeated hazards or deliberately disregarding customer safety.
A slip and fall accident attorney can use a lawsuit to reveal internal maintenance records, employee training protocols, and incident reports demonstrating negligent practices and reckless conduct.
Wrongful Death
Tragically, some Publix slip and fall accidents result in fatalities, particularly among elderly customers who suffer severe injuries from falls. You can initiate a wrongful death lawsuit against Publix to seek compensation for funeral expenses, medical bills, lost future income, and the emotional suffering of surviving family members.
A slip and fall accident lawyer can initiate immediate legal action to comply with the strict filing deadlines.
How to Prove Negligence in a Slip and Fall
Proving negligence in a slip and fall case requires the injured victim to establish that the property owner breached their duty of care by failing to maintain reasonably safe premises. You must also prove that the owner knew or should have known about the hazardous condition and failed to remedy it or provide adequate warnings.
A successful negligence claim depends on comprehensive evidence that shows the property owner’s failure to exercise reasonable care in maintaining their premises. Here are different sources of evidence for a slip and fall accident claim:
Surveillance Video Footage
Security cameras provide the most compelling evidence in slip and fall cases by capturing the moment of your accident and possible causes. A slip and fall accident lawyer sends preservation letters to property owners, demanding they save all surveillance footage before automatic deletion.
A slip and fall accident attorney can use this video evidence to demonstrate the existence of hazardous conditions. They can also prove you weren’t acting carelessly, and show how long dangerous situations persisted without correction.
Video footage counters defense claims about your behavior while providing visual proof of negligent conditions that caused your fall.
Incident Reports and Internal Documentation
Official incident reports, maintenance logs, cleaning schedules, and employee training records can reveal patterns of negligence. A slip and fall accident lawyer can subpoena these internal documents through formal discovery processes.
They can use the evidence to advise that the owner knew about dangerous conditions but failed to address them properly. A slip and fall accident attorney can also provide constructive notice, showing that the property owner should have known about hazards through reasonable inspection and maintenance procedures.
These records often reveal inadequate safety protocols that directly contributed to your accident.
Witness Statements and Testimony
You can also prove negligence through eyewitness accounts from customers, employees, or bystanders who observed your accident or noticed the hazardous condition. A witness can also testify about how long dangerous conditions existed, whether they warned staff about hazards, and the property owner’s response to previous incidents.
Their statements corroborate your account and counter attempts to blame you for the accident.
Photographs and Physical Evidence
Immediate documentation of the accident scene, hazardous conditions, and your injuries can complement other sources of evidence. For example, images of spills, broken surfaces, inadequate lighting, or missing warning signs can provide a visual perspective of the accident.
For example, an image of broken surfaces can demonstrate the dangerous condition and the property owner’s failure to maintain safe premises.
Medical Records and Professional Medical Testimony
The presence of medical records links your injuries directly to the slip and fall accident. It also prevents insurance companies from disputing causation or claiming pre-existing conditions caused your damages.
A slip and fall accident lawyer can call a medical professional to testify about the severity of your injury and its long-term prognosis.
Property Maintenance and Inspection Records
Historical maintenance schedules, repair logs, and inspection reports reveal whether the property owner followed reasonable safety protocols. A slip and fall accident attorney can obtain these records to identify maintenance failures, inadequate inspection frequencies, and delayed repairs that created hazardous conditions.
They can also demonstrate that proper maintenance procedures prevent accidents, establishing negligence through the owner’s failure to follow industry standards.
Weather Reports and Environmental Conditions
Official meteorological data explains how weather conditions contributed to hazardous situations like ice formation, water accumulation, or reduced visibility. A slip and fall accident lawyer can establish whether the property owner should have anticipated and addressed weather-related dangers through reasonable precautions.
Can You Get Compensation for a Slip and Fall
You can receive compensation for slip and fall accidents when a property owner’s negligence caused your injuries. Compensation falls into three main categories:
Economic Damages
These cover quantifiable financial losses, including medical expenses for emergency room visits, surgeries, physical therapy, and ongoing treatment. You can also recover lost earnings from time off work and reduce earning capacity if injuries affect your ability to work.
A slip and fall accident lawyer pursues recovery for out-of-pocket expenses such as transportation to medical appointments, prescription medications, and co-pay contributions.
Non-Economic Damages
Non-economic damages address intangible losses that impact your quality of life. For example, you can receive compensation for pain and suffering for pain, discomfort, trauma, and inconvenience due to the accident.
You may also receive compensation for loss of enjoyment of life if injuries prevent you from participating in activities you previously enjoyed. A slip and fall accident attorney pursues compensation for loss of consortium, emotional anguish, and permanent disability.
Punitive Damages
A judge can award you punitive damages in rare cases involving particularly egregious negligence or intentional misconduct by property owners. Punitive damages punish defendants and deter similar behavior.
Speak to a Slip and Fall Accident Lawyer to Discover Your Options
After a slip and fall accident at Publix, you don’t have to face the insurance company or legal process alone. Our slip and fall accident lawyers at Roman Austin are here to guide you every step of the way.
We can use evidence to negotiate directly with insurers for a fair settlement value. We’re ready to take your case to trial to secure an award that covers your losses. Working with our slip and fall attorneys gives you an advocate who can use legal action to protect your right to compensation.
Contact us at (727) 787-2500 for a free case evaluation.
Slip and Fall Accident Frequently Asked Questions
Will My Case Settle Before Trial
Most Publix slip and fall cases settle before trial, as both parties prefer avoiding lengthy court proceedings and uncertain outcomes. Publix typically has comprehensive insurance coverage and experienced legal teams that evaluate settlement opportunities.
However, settlement depends on factors like injury severity, clear evidence of negligence, and willingness to negotiate. A slip and fall accident lawyer will pursue the best resolution for your unique circumstances.
How Long Does It Take to Get Compensation After a Medical Report
The timeline for receiving compensation after receiving your medical report varies based on the nature of the case and negotiation progress. Simple cases may settle within weeks, while complex claims can take several months.
A slip and fall accident lawyer will review the medical report, calculate fair compensation, and negotiate with insurance companies. Most settlements occur within 30-90 days after final medical documentation, though contested cases may take longer.
Do I Need a Lawyer for a Slip and Fall
Yes, you need a lawyer for a slip and fall case. Insurance companies often deny claims or offer inadequate settlements to unrepresented victims. A slip and fall accident attorney can enhance the value of your claim by negotiating aggressively with insurers and isn’t afraid to litigate your case in court when necessary.
They can also maximize your recovery by establishing the value of damages and using proven legal strategies to secure fair compensation.
