Plaintiff Awarded $3588.88 For Supermarket Slip and Fall

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Store was liable for shopper's slip and fall, as result of dirty liquid on floor, where store did not adhere to policy of sweeping and cleaning floor, there were no mats or warning signs, and where shopper would not be expected to see liquid.

On September 10, 1998, the plaintiff, Joan Goldenberg, slipped and fell after reaching for a watermelon at a Super Stop and Shop Supermarket. The plaintiff claims she immediately felt a wet slippery liquid underneath her. He daughter saw a large puddle of a dirty liquid. The incident report filled out by the store admits that there was spilled vegetable wash on the floor and that the floor was wet. The court found that the liquid was on the floor before Goldenberg fell and that it was the cause of her fall. The plaintiff went to the hospital that same day complaining of back pain. While she suffered no broken bones, she saw several doctors and medical professionals regarding the pain she suffered.

The defendant’s expert witness testified that, at most, the fall at Stop & Shop was only attributable to 1% of the plaintiff’s injuries. The court found that the plaintiff had suffered multiple falls prior and subsequent to the Stop & Shop incident.  The court adopted the 1% finding. Nevertheless, Goldenberg was a customer of the Stop & Shop. The owners of this Stop & Shop owed a degree of duty to customers as invitees, or individuals invited to the store for the mutual benefit of both parties. The store should have reasonably inspected and maintained the premises in order to render her reasonable safe from dangers she could not reasonably discover. The dirty liquid, in and of itself, represented a failure of such duty. The court concluded that if Stop & Shop had acted within their own procedures provided for, Goldenberg would not have fallen. Damages were awarded to the plaintiff in the amount of $3588.88 for coverage of medical expenses, lost wages, and pain and suffering.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Goldenberg v. Super Stop & Shop Supermarket Co., 2001 Conn. Super. LEXIS 3240 (Conn. Super. Ct. November 16, 2001).