I was told that grocery stores often contest liability for slips and falls and it will be difficult for me to claim compensation for slipping on a cherry in Aldi. Is this correct?
Claiming compensation for slipping on a cherry in Aldi may be more problematic than other types of grocery store personal injury claims, as it is likely to be harder to establish that a single cherry on the floor constituted a failure in a ‘duty of care’. The grocery store’s insurance company may maintain that it would have been unreasonable for the staff to have identified a hazard as small as a cherry on the floor, and therefore have realistically been able to prevent your accident.
Liability for an accident in a grocery store is typically only accepted when there is strong evidence that an accident was caused by negligence of the grocery store manager. If there is any doubt about whether the accident was caused by negligence it is probable that a claim against Aldi for a slip and fall will be contested.
When claims are contested it does not mean that it will not be possible to recover compensation, only that the case is likely to take longer to resolve. However, there are a number of steps which can be taken to ensure a strong compensation for slipping on a cherry in Aldi can be prepared, which will increase the likelihood of liability for your injury being accepted.
Your first priority – assuming you have already sought medical attention for your injuries – should be to speak with a personal injury lawyer to receive legal advice about making a compensation claim for slipping on a cherry in a grocery store.
An investigation into how you slipped on a cherry on the floor in Aldi will need to be completed to determine whether the presence of a cherry on the floor constituted a failure in a duty of care, and if the staff was negligent for failing to spot it and remove it in time to prevent your accident. Your lawyer will handle the investigation and will contact witnesses, staff members and obtain security camera footage on your behalf.
After your case has been investigated you will be advised if a claim is possible. The strength of your case will be assessed and you will be given an indication of the probability of being able to successfully recover compensation. Compensation amounts will also be calculated, you will be told about any costs that you will be liable for.
You should not be deterred from making a compensation claim for slipping on a cherry in a grocery store because the case may be contested, although you should consider the strength of your claim against Aldi for a slip and fall, and what you stand to gain by taking legal action. Only when you have been given all of this information should you decide whether it will be worth your while making a claim for having slipped on a cherry on the floor in Aldi.