Slip and Fall at Winn Dixie

Winn Dixie, a well-known Florida grocery chain, is based out of Jacksonville, Florida. Like many other large corporations, customers sometimes slip and fall at their grocery store chain locations. In 2010 the Florida Legislature changed the state’s law regarding slip and fall cases, requiring an injured person claiming harm to prove that the business establishment had knowledge of the accident. Stated another way, if you suffer a slip and fall at Winn Dixie, the injured person must prove that the store either knew, or should have known, about the condition which caused them to slip. If the injured person is not able to prove this “notice” requirement, then the store will prevail in a lawsuit. Because every word of an injured slip and fall victim’s description of how and why they fell is critical, it is imperative that a slip and fall victim consult an attorney before making any statement to a Winn-Dixie or insurance company representative.

Under the law, there are two ways to establish and prove notice, or knowledge, in a Winn Dixie slip and fall case - actual and constructive notice. Actual notice is when an employee of the business had knowledge of the incident. An example of actual notice is if a Winn Dixie employee caused the issue and learned about the danger and did not act quickly enough to rectify the problem or attempted to correct the issue but did not do so correctly. Constructive notice, on the other hand, involves an injured party gathering sufficient facts to support his or her position that the danger was present at Winn Dixie for a long enough time that an employee would have discovered the issue if he or she was not negligent.

Because notice is required by the law, if you or someone you know has been injured in a slip and fall at Winn Dixie, you should do the following to preserve your rights:

• Figure out why you fell. The fact that you tripped and fell is not sufficient for your case. You must identify what caused you to fall in order to prove negligence;

• Report the accident. Take the store manager to the area where you fell, show him or her the danger, and complete an incident report. Obtain names of all the store employees with whom you dealt as well as the names and contact information of any eyewitnesses to your fall. Make sure to obtain a copy of the accident report;

• Take photos and/or video. If possible, take photos of the area where you fell before the danger is removed. Additionally, ask the store manager to save any video of the area from the store’s footage.

While some may think taking the above steps is litigious, you are simply protecting your rights should you have worse injuries than originally anticipated.

It is true that not all slip and fall accidents are preventable. That being said, someone who is hurt in a slip and fall at Winn Dixie may have injuries because of the negligent or careless behavior of others. When this is the case, you may be entitled to monetary compensation for your harm. The Law Offices of Joseph I. Lipsky, P.A. have knowledgeable attorneys on its team that will fight on your behalf to obtain the compensation to which you are entitled. To set up a free, initial case evaluation with one of the firm’s slip and fall attorneys, click here today or call us on our Toll-Free Hotline at (888) 352-5298.