“Slip and fall” Claims Are One of the Most Common Types of Personal Injury Claims.

Jack Davila

Living in Wisconsin, when most people think of slipping and falling they probably picture the frozen months of December through February where many areas of Wisconsin are covered with ice and snow. This ice and snow can obviously present slipping hazards for even the most winter-hardened of Wisconsinites. What many people may not picture when they think of a slip and fall claim is the produce section of a grocery store.

Given the nature of how the produce section is arranged in most grocery stores, oftentimes small pieces of produce are scattered about on the floor. The classic examples may be the proverbial banana peel (after all, as noted by McClurg’s Legal Humor “[t]he famous Prosser, Wade and Schwartz Torts casebook contains a trilogy of cases involving plaintiffs who slipped on banana peels”), or even the puddle of spilled milk or juice. However, a quick tour through the produce section of most grocery stores will reveal a scattering of small pieces of leafy greens on the floor. These pieces of produce can become surprisingly slippery and present a hazard for the unaware shopper browsing for ingredients for that night’s dinner.

In Wisconsin, property owners and possessors have a duty to ensure that their premises are not unreasonably dangerous. Additionally, Wisconsin’s “Safe Place Statute” (Wisconsin Statutes section 101.11) imposes a duty on employers to provide a place of employment that is safe for both employees and also for members of the public that frequent the place of employment. This includes the requirement that employers use safety devices and safeguards, and adopt and use methods and processes reasonably adequate to ensure that their places of employment are safe for both employees and members of the public. It also requires employers to do everything reasonably necessary to protect the life, health, safety and welfare of its employees and shoppers. For grocers, this includes policing areas of their stores that could present a slipping hazard for their shoppers.

If you find yourself the victim of a slip and fall due to a hazardous condition at a grocery store or any other business, contact the personal injury attorneys at the Previant Law Firm at (414) 240-1185. For over 100 years, The Previant Law Firm, S.C. has been fighting hard for working people like you. The initial consultation is free.