I slipped in Kohls department store and broke my wrist. Can I sue the store?

We get a lot of questions like these -- a few scant details and then a question about whether a lawsuit is possible, or whether a lawsuit will be successful. We can’t give a definitive answer here. Of course, a lawsuit is possible. You can sue the store and demand all kinds of money after you slip and fall. But whether your claim will be taken seriously, and ultimately, whether you’ll receive a satisfactory injury settlement (in an insurance claim), or whether a jury would ultimately award you damages (in a court-based lawsuit) depends on the very specific facts in your case.

Keep in mind that just because you fell in a Kohl’s store and suffered significant and documented injuries (a broken wrist is pretty significant), that doesn’t mean that the company will automatically be found liable for your accident. You need to be able to show exactly how the store and its employees failed to take reasonable steps to keep the store safe and free of hazards that might end up injuring customers.

Basically, the store is expected to spot and remedy (within a reasonable time) any hazards that crop up in the store’s aisles, the parking lot, and any other part of the store’s property. And Kohl’s employees must routinely inspect store premises for hazardous conditions.

On a rainy day, a store’s obligations to take reasonable steps in the interest of customer safety might mean putting out prominent signage that says “Wet Floor,” and utilizing orange cones and traction mats on the floor where water has accumulated, such as inside entrances to the store. If the store doesn’t do enough to prevent people from hazards on a rainy day, then liability for a slip and fall accident could arise if a customer is injured as a result.

But if you decide to pursue a claim against Kohl’s, you can expect the company to closely evaluate the circumstances of your injury, including scrutiny of what you did (or didn’t do) right before the accident. Don’t be surprised if Kohl’s tries to escape liability under comparative negligence rules. They might say you weren’t watching where you were going, that you ignored “Caution” signs, or even that you were wearing inappropriate footwear. But if you feel you have a legitimate claim against Kohl’s, don’t be intimidated by these kinds of scare tactics. Your best first step might be to discuss your potential slip and fall case with an experienced injury attorney.