Apart from Walmart, Kroger is one of the largest retailers in the United States. Kroger operates over 2,000 stores in 34 states, as well as over 700 convenience stores. Some Kroger grocery stores also include pharmacies and gas stations.
Furthermore, they also have nearly 40 of their own processing plants and food manufacturing.
While shopping at Kroger some may not expect to be met with hazardous conditions that could lead to injury. If you were injured in a slip and fall accident at Kroger, a personal injury claim may be able to help you receive damages for lost wages, pain and suffering, medical bills, and more.
If you were injured outside of Kroger, there is certain information available to you that will be helpful in filing your claim to help you get compensated and to get you back on your feet.
Grocery retailers, such as Kroger, are required to maintain their premises safe for customers. Accidents are still prone to happen even if there are guidelines in place to ensure that customers have a safe shopping experience.
Possible Situations of Injury
There are many possible situations a customer could be injured at Kroger, These slip and fall scenarios include:
- Poor lighting inside the store that leads to poor visibility conditions
- A spill from another customer that has not been cleaned
- Accumulated ice, snow, or rain at the entrance of Kroger
- Displayed food items that fall into the pathway of the customer
- Spills in the aisles from dropped products, cleaning fluids, and produce.
- Insecure floor mat’s at the entrance
If you suffered an injury at Kroger, here are some tips on what you should do and what to expect.
Report the Incident
If you experience a slip and fall at Kroger, the first thing you should do is report the incident to a store manager. This will make them investigate the cause and report what happened.
If there were employees at the scene that may have caused your injury, it is wise to get their names documented.
Do Not Make Damaging, Conclusory Remarks in Haste
Stick to the facts, keep your description simple. An example of an ok description, “I was walking and felt my feet slip out from under me”.
Do not make conclusory statements or guess at what happened. For example, “I must have not been looking where I was going” or “I guess I wasn’t paying attention.
Simply falling on someone’s property does not hold them liable for your injuries. To prove a premise liability case, you must prove that they were aware of the dangerous condition before you fell and did not act to clean it up or warn you.
Moreover, you must also prove that you were exercising reasonable care and you were not aware of the dangerous condition.
On behalf of Kroger, remember that your statements to any manager, adjuster, or employee could be used against you.
Seek Medical Attention Immediately
After an accident, many people are embarrassed from having fallen or the adrenaline rush scares them from having them report the accident when they are in pain.
DO NOT MAKE THIS MISTAKE! You may not realize it, but slip and fall accidents could potentially cause serious injuries.
Some of the most common injuries from a slip and fall include:
- Broken Ankles
- Lacerations
- Concussions
- Broken Wrists
- Torn Ligaments in The Knee
Do not assume that the pain you are feeling after an accident will go away soon. When the adrenaline wears off, you may feel much worse than you had expected. If you are hurt, get medical help right away.
Photograph The Scene
Always photograph the scene, do not ever think the evidence in your favor will be preserved. After the accident, If you are physically able and have a phone on you, snap photos of the scene that caused your fall and its source.
Do not expect a store to preserve evidence that would make them responsible for someone’s injuries.
Preserve The Video
Like many other stores, Kroger is equipped with a multitude of video cameras. Do not assume that Kroger will save the evidence of the accident for you. Many supermarkets like Kroger recycle their videotapes after a certain number of days.
As a matter of fact, Kroger Co. has actually been sanctioned in at least one case for not preserving the video footage of a fall despite having a camera pointed at the area of the fall. (See Kroger, Co. v. Walters, 735 S.E.2d 99 (Ga. App. 2012).
In Texas, Kroger or any other grocery store does not have a duty to preserve the evidence until the injured party sends them a letter of notice instructing them to not dispose of the evidence.
In addition, you need to specify that you want the video for the entire 24 hours preceding the fall if you want a chance of seeing the original cause of the accident. It is a mistake to request the video of the fall itself since this will not show the cause nor how long the condition was present.
Failure to draft and send the right non-spoliation letter of evidence in a timely manner could result in the loss of critical evidence to your case.
How Are Slip and Fall Cases With Kroger Settled?
If you were involved in a slip and fall at Kroger, you could receive compensation in terms of a settlement from Kroger.
A couple of factors in a slip and fall injury settlement are taken into consideration. First, you need to file a lawsuit stating that you believe that Kroger’s negligence is what caused the slip and fall.
The second thing that determines a slip and fall claim settlement from Kroger is the liability. There needs to be proof that Kroger has responsibility for the property and any accidents that occur on their property.
The last thing that is taken into account is to prove that Kroger is responsible for the plaintiff’s injuries.
Damages that could be awarded to you is mental anxiety, pain and suffering, and loss of companionship.
Call Us Now
If you have a slip and fall or an injury sustained at Kroger, you could have a tough battle ahead of you. Kroger is known for not legitimately paying its customers injured at their stores.
Do not be discouraged though, the Lawyers at Adley Law Firm have been fighting premises liability for years and know how to tackle a claim against Kroger.
You need someone that knows how to fight and win these claims. Our attorneys have been beating major corporations like Kroger for decades. Get in touch with us now. Call us at (713) 999-8669 or schedule a free consultation.
