Unfortunately, slip-and-fall accidents are common in grocery stores. Between spilled liquids, loose products on the floor, and other tripping hazards, customers can easily sustain injuries while shopping. However, when it comes time to pursue compensation, grocery stores often point to fine print notices posted around the store as a way to avoid liability. This article examines how these notices can impact injury claims in South Carolina.
What the Law Says About Liability
Under South Carolina law, businesses have a duty to keep their premises reasonably safe for customers. If they are aware of dangerous conditions but fail to fix them or warn customers, they can be held liable if someone gets hurt. This is known as premises liability.
For grocery stores, reasonable safety includes:
- Cleaning up spills in a timely manner
- Placing warning signs in wet areas
- Monitoring produce areas for fallen debris
- Fixing uneven flooring or tripping hazards
If a customer can show the store failed in these responsibilities and directly caused their injuries, the store may have to compensate them for medical bills, lost wages, and other damages.
The Role of Posted Notices
However, grocery stores often try to protect themselves using posted notices. You may see small floor signs or stickers saying things like:
- “Caution: Wet Floor”
- “Watch Your Step”
- “Floor May Be Slippery When Wet”
These notices are intended to warn customers that the store floor may contain tripping hazards. The hope is that by posting the notices, the store fulfills its duty to warn. If customers proceed carelessly despite the warning, the store can try to argue they are at fault for their own injuries.
South Carolina courts have found these posted notices can reduce a store’s liability but do not automatically prevent customers from recovering damages in every situation. Several factors come into play.
Factors That Impact Notice Effectiveness
When posted floor hazard notices are involved in a South Carolina slip and fall case, courts weigh factors like:
Notice Placement
- Was the notice placed directly by the hazard?
- Was it positioned so an entering customer would likely see it?
- Were there enough notices posted for the size of the area?
A notice placed far from the hazard or in an inconspicuous spot may not adequately warn customers.
Notice Size and Visibility
- Was the notice in a visible color like yellow?
- Was the print large and legible from an appropriate distance?
- Did it stand out from its surroundings?
Fine print notices or those blended into the floor decor may be overlooked.
Customer Conduct
- Did the customer see the notice but proceed carelessly?
- Or did they enter with reasonable care, suggesting the notice was ineffective?
If a customer clearly ignored a well-placed notice, their case will be harder to prove. But if they entered carefully and still slipped, it suggests the notice didn’t properly warn them.
Store Inspections and Repairs
- Did the store conduct reasonable inspections for hazards?
- Were defects promptly repaired or cleaned up?
If the store was negligent in maintaining safe floors, the notice may not protect them from liability.
Foreseeable Risks
- Considering the store layout and products, was the specific hazard foreseeable?
- Was the notice sufficient for the particular risk, or should additional precautions have been taken?
For example, posted notices may not adequately warn about recurring slick spots by refrigerated displays.
So, while posted hazard notices can carry legal weight, they do not give stores a free pass when customers get injured. The notice must be appropriate for the risk, positioned properly, and printed clearly. Even then, if a customer acts reasonably, they may still have a valid injury claim.
Pursuing Compensation from the Store
If you’ve suffered an injury, such as a back strain or head wound, after slipping and falling in a South Carolina grocery store, consider seeking legal representation. An experienced personal injury attorney can evaluate whether the store’s posted notices impact liability in your unique case.
Factors like store cameras, witness statements, and the specific location can all be important. An attorney can also negotiate with insurance companies on your behalf and take legal action if needed to pursue a damages award. Many law firms handle premises liability cases on a contingency fee basis, meaning no fees are due unless your claim succeeds.
Don’t Wait to Protect Your Rights
South Carolina has strict deadlines for taking legal action after an injury, ranging from 2 to 3 years in most cases. So, it is important to consult an attorney promptly if you want to recover costs like:
- Emergency room treatment
- X-rays or imaging
- Prescription medication
- Physical therapy
- Lost income from missed work
Waiting too long could jeopardize your ability to obtain compensation.
At Monge & Associates, our team has over 30 years of experience assisting injury victims in South Carolina. If you or a loved one has been hurt by a grocery store slip-and-fall or other preventable accident that wasn’t your fault, contact us today for a free case review on (888) 477-0597.
We have offices in 32 locations in 19 states, including South Carolina, Utah, and Georgia, and know what it takes to win.