Grocery Store Slip and Fall Lawyer in Louisville, Kentucky

• Spilled liquids, broken jars and leaking products
• Fallen produce, ice or water near displays and coolers
• Rainwater and snow at entrances without mats or signs
• Freshly mopped floors without warnings
• Pallets, carts and boxes left in aisles
• Cracked pavement and potholes in the parking lot

In Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003), the Kentucky Supreme Court held that when a customer shows a foreign substance on the floor caused the fall, there’s a rebuttable presumption that the store didn’t keep its premises reasonably safe. The burden then shifts to the store to prove it used reasonable care, for example through cleaning logs and floor inspections.

Stores often argue the hazard was “open and obvious.” Since Kentucky River Medical Center v. McIntosh (2010) and Shelton v. Kentucky Easter Seals Society (2013), that argument usually goes to how fault is shared, not whether you can recover at all. Kentucky’s pure comparative fault rule means a share of blame reduces your recovery but doesn’t erase it (KRS 411.182).

1. Report the fall to a manager and ask for an incident report.
2. Take photos of the floor, the substance, the area and any warning signs, or the lack of them.
3. Get names and phone numbers of witnesses.
4. Keep your shoes and clothing as they were.
5. Get medical care the same day if you can.
6. Don’t give a recorded statement to the store’s insurer before talking with a lawyer.

Store video is often recorded over within days or weeks, so we send preservation letters quickly. We also look for cleaning and inspection logs, employee statements, prior incident reports and the store’s floor safety policies. See evidence to preserve after an accident.

Falls on hard store floors can cause hip and wrist fractures, knee and shoulder injuries, back injuries and head injuries. Older shoppers are especially at risk. See broken bones and traumatic brain injury.

Most Kentucky personal injury claims that don’t involve a motor vehicle must be filed within one year of the injury (KRS 413.140(1)(a)). Wrongful death claims and claims involving children or government agencies can follow different rules. Estimate your dates with our statute of limitations calculator, then confirm them with a lawyer.