How to File a Slip and Fall Case against Safeway

In a recent slip and fall lawsuit involving Safeway, Inc., (Garlick v. Safeway, Inc.), and the Virginia Supreme Court ruled that these cases should be heard by a jury rather than decided by a trial judge. Safeway had originally been successful in getting the slip and fall lawsuit dismissed on the grounds that the plaintiff’s case lacked evidence. The Supreme Court reversed the circuit court citing that they erred in granting Safeway’s motion that the plaintiff did not have a “prima facie” case. Prima facie is a Latin term, which refers to the evidence sufficient to prove a case.

Proving Liability Against Safeway

Before you file a slip and fall lawsuit, it is important to establish negligence. In these types of cases, the defendant must be able to prove that Safeway or its’ employees was responsible for causing a dangerous condition to exist. The plaintiff must be able to show that the defendant:

Knew about a hazardous situation and did nothing fix the problem
Should have known about a dangerous condition
Warned customers about a “wet floor” by posting signs
That the dangerous condition existed long enough for an employee to have cleaned it up

All property owners are legally bound by law to make sure that their premises are safe for their customers. In addition, they are required to periodically check for hazards that can occur at any time. Spills of food and liquids on the floor are a constant source of liability for most grocery stores.

How to File a Lawsuit

Once you have established that Safeway, Inc. is indeed liable for your injuries, you can file a claim against them. Start the process by following these steps:

File your suit in county court before that statute of limitations runs out. This can be a very short window, so time is of the essence.
Prepare a summons and complaint and attach copies of all relevant documents proving your claim and outlining your expenses.
Make sure to get the contact names and addresses of any witnesses that saw the accident.
Demand a monetary amount that you believe will compensate you for your injuries, including pain, suffering and emotional trauma.
Stress how the defendant is liable; i.e. the stock clerk allowed water to remain on the floor after stocking the produce section.

All business owners have liability insurance and the first person you will come into contact with is the insurance claims adjuster. Their job is to settle your claim for the least amount of money possible. Do not take an early settlement before all of your injuries are healed. In addition, personal injury victims may be able to file a lawsuit against the business owner as well as the property owner. Most commercial properties are owned by a separate company and Safeway may lease the space.

The Importance of Evidence

Being successful in winning you case may depend on the amount of evidence that you can present during trial. Some of the items that can bolster your case are:

Photographs —Take pictures with a camera or your cell phone of the conditions that may show the reason for the accident.
Witnesses—Anyone who witnessed the accident or was there right after may be able to testify that there was water on the floor or some other object that led to the accident.
Accident Report—File an accident report at the location where it occurred.
Medical records—This prove that you were injured and received medical treatment.
Receipts—Expenses related to the accident, such as ambulance costs.

A judge may decide to dismiss a case for lack of evidence when the defendant requests a directed verdict. This type of motion is a request for the judge decide the case in favor of the defendant without sending the case to the jury.

How a Lawyer Can Help

Handling your own slip and fall lawsuit can be extremely difficult and time consuming. Most people are familiar with the tactics used by big insurance companies to protect their clients. Every victim has the right to seek damages for their injuries and hiring a personal injury attorney may increase your chances of obtaining a fair settlement.

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