If you have been injured due to a slip and fall at Kroger, call a lawyer who handles Kroger slip and falls to learn your rights. Kroger is the largest revenue-generating retailer in the United States as of 2016, headquartered in Cincinnati, Ohio, where it was founded in 1883. Kroger operates over 3500 supermarkets, stores, and convenience stores across the United States. Naturally, a retailer of this size will have slip-and-fall accidents from time to time. It should come as no surprise, then, that they have policies and procedures in place to document, handle, and defend against slip-and-fall accidents that occur on their premises. These policies are set up to help them defend against your claim. Don’t get victimized a second time by a tricky claims adjuster; call a lawyer who handles Kroger slip-and-fall claims today at 713-932-0777.
Tips for Kroger Claims
Here are some tips on things you should do and things to expect if you have suffered an injury due to a Kroger slip-and-fall accident.
Should I Report the Incident to Kroger?
First and foremost, if you experience a slip-and-fall accident at Kroger, report it to a store manager. This should prompt them to investigate the cause and document what happened. If employees in the area may have contributed to the slippery condition that caused your fall, it is wise to get their names documented.
If you were an employee of Kroger at the time of your fall, you will want to file an initial report of injury to document the event. Talk to our work injury attorneys if you have any questions about how to proceed from there.
Do Not Make Conclusory Damaging Remarks in Haste
Keep your description simple. Stick to the facts. For example: “I was walking and felt my feet slip out from under me” is an ok description. Don’t make conclusory statements or guess what happened by saying things out of embarrassment such as: “I must not have been looking where I was going” or “I guess I wasn’t paying attention.” Many people do not realize it, but simply falling on someone’s property due to water on the floor does not make them liable for your injuries. To prove a premises liability case, you must show that they were aware of the dangerous condition before you fell and did not act reasonably to clean it up or warn you. You must also prove that you were exercising reasonable care and that you were not aware of the dangerous condition. Your statements to any manager, employee, or adjuster acting on behalf of Kroger can be used against you.
Do Seek Medical Attention Immediately
Many people make the mistake of letting embarrassment from falling, or an adrenaline rush from the scare, keep them from reporting the fall and asking for help when they are hurting. This is a big mistake. Slip-and-fall accidents can cause serious injuries. Some of the most common injuries caused by slip-and-fall accidents include:
- concussions
- torn ligaments in the knee
- broken ankles
- broken wrists
- lacerations.
Do not assume that the pain you feel now will just go away. When the excitement wears off, you may feel much worse than you suspect at the time. If you are hurt, get medical help.
Photograph the Cause
Do not assume that evidence in your favor will be preserved. If you have a cell phone and are physically able, snap photos of the condition that caused the fall and, if possible, its source. You cannot expect any store to preserve evidence that would make them responsible for someone’s injuries.
Preserve the Video
Like many stores, Kroger stores are equipped with many video cameras. Do not assume they will save this evidence for you. Many supermarkets have set policies to “recycle” videotapes after a certain number of days. Kroger Co. has been sanctioned in at least one case for failing to preserve video footage of a fall, despite having a camera pointed at the area. (See Kroger Co. v. Walters, 735 S.E.2d 99 (Ga. App. 2012).
In Texas, a grocery store like Kroger has no duty to preserve evidence until the injured party sends a notice letter instructing it not to destroy the evidence. Furthermore, you need to specify that you want the video for the entire 24 hours preceding the fall if you want to have a chance of seeing the originating cause of the condition. It is a mistake to request only the video of the fall itself because it will not show the cause or how long the condition was present. Failing to draft and send the right non-spoliation of evidence letter on time could result in the loss of critical evidence in your case.
Don’t Give a Recorded Statement
After a Kroger slip and fall, it is not uncommon for you to receive a phone call from a third-party administrator wanting to discuss your incident. Sedgwick Claims Management Services, Inc. commonly handles accident claims for Kroger. They do not work for Kroger per se. Rather, they help Kroger resolve and defend against liability claims. They work on behalf of Kroger. It is in their financial interest to give Kroger a reason to deny your claim since saving Kroger money is their job.
Sedgwick CMS will often ask you to give a recorded statement. Do not do it without an attorney present. They are trained professionals whose job is to get you to say something that can be used to deny your claim. If you do a simple search on the Rip-off Report or Complaint Board websites, you will see a litany of complaints about how they denied injury claim after injury claim. These claims run from premises liability to workers’ compensation claims.
Talk to a Kroger Slip and Fall Lawyer to Learn Your Rights
There is much more that goes into obtaining justice for your Kroger slip and fall accident than simply calling Kroger and reporting a fall. Be aware of the tricks, traps, and hurdles you must overcome. You are at a disadvantage from the start because they hold all of the evidence and have the power to preserve what they see as beneficial. Before you call Sedgwick back, do your research and consult a slip-and-fall attorney so you don’t become the next denial.
Simmons and Fletcher, P.C. has been helping victims of slip and fall accidents recover since 1979. Our initial consultation is free, and we do not charge any fee unless we recover. Call today at (713) 932-0777.
FAQ's
Do I have to prove Kroger knew about the hazard that caused my fall?
Under Texas premises liability law, simply falling on a wet floor or spilled item doesn’t automatically make Kroger liable. You must show that Kroger, through its employees, knew or reasonably should have known about the dangerous condition and failed to fix it or warn customers, and that you weren’t aware of the hazard yourself.
What should I do if a Kroger claims adjuster or Sedgwick representative calls me?
Be cautious. Sedgwick Claims Management Services typically handles injury claims on Kroger’s behalf. They have Kroger’s best interests in mind, not yours. You should avoid giving a recorded statement until you’ve spoken with an attorney, since anything you say can later be used to minimize or deny your claim.
How long does Kroger have to keep surveillance video of my fall?
There’s no automatic requirement. Stores may recycle the video within days or weeks if you do not take steps to preserve the exact footage you want.
What kind of injuries are common in Kroger slip-and-fall accidents?
Injuries can range from minor to serious, including concussions, torn knee ligaments, broken ankles or wrists, and lacerations.
Should I report my fall to a Kroger manager right away?
Yes, reporting the incident helps create an official record and prompts an investigation. However, stick to factual descriptions of what happened rather than speculating about fault or making conclusory self-blaming statements, since these can be used against you later when negotiating your claim.
