When Design Decisions Become Legal Decisions: Understanding Premises Liability

Did you know that every design choice a retailer makes about their store is a legal decision in disguise?

Think again. That aisle configuration, those lighting fixtures, even that type of flooring all become legal issues when someone gets hurt.

Wait, someone gets hurt where? A lot. Falls are the leading cause of ER visits, representing 21.3% of all emergency room visits. A slip and fall injury at a grocery store doesn’t just impact the shopper. It could put a business out of business.

There’s more…

Store design and premises liability intersect at the point of negligence. To understand it, you have to understand how premises liability actually works.

So, let’s explore it.

By the end of this article, you’ll discover:

• Why store design choices are inherently legal matters
• The elements of premises liability claims
• The common design flaws that lead to accidents
• What stores and shoppers should do to stay safe

Why Does Store Design Create Legal Risk?

The first thing to understand is that store owners are legally required to maintain their property in a reasonably safe condition. This is known as the “duty of care.” If they breach that duty and someone is injured, the owner could face a premises liability lawsuit.

But there’s a caveat…

Retail design choices made months or even years ago can result in a dangerous condition today. A gorgeous hardwood floor installed at a coffee shop that looks terrific dry can become dangerously slick when wet. The recessed lighting that seemed perfectly fine when it was first installed can create deep shadows that conceal trip hazards in aisle corners.

Consider slip and fall cases in Connecticut as a good example. Grocery store slip injury claims are frequent where the interior flooring design lacks drainage near the refrigerated produce sections.

As the products are unpacked, the floor is constantly exposed to moisture. In these same cases, there has been a history of inadequate upkeep and faulty design.

Terrifying, right?

The connection between design and liability is direct. Inadequate or negligent choices cause injuries, and those injuries can lead to lawsuits.

How Does Premises Liability Work?

In legal terms, premises liability is what happens when property owners fail to keep their property in a reasonably safe condition, and someone is injured as a result.

But it’s not automatic. In fact, several elements must be proven to hold an owner liable for a shopper’s injury.

Namely:

• The property was controlled or owned by the defendant
• A dangerous condition existed
• The owner knew, or reasonably should have known, about the condition
• The condition caused the accident
• The injuries from the accident resulted in actual damages

The last bullet point is important. Most shoppers assume that ignorance is bliss, but when it comes to premises liability, ignorance is never bliss.

Courts will hold property owners to account if they can prove that a prudent owner would have discovered and remedied the unsafe condition through regular inspections or maintenance.

How Do Shoppers Fit Into Premises Liability?

As a shopper steps into a grocery store, they are considered an “invitee” under premises liability laws. This means they’re owed the highest level of care by the store owner.

The owner has a legal duty to use reasonable care to protect the shoppers. They have to actively look for hazards and make an effort to fix them before someone gets hurt.

Which begs the question…

What design problems are the most common causes of accidents? By understanding them, both shoppers and business owners can be more proactive about preventing injuries.

Flooring Materials

Flooring choices can be a legal landmine. Hard polished concrete looks sharp, but it becomes a skating rink when wet. Certain tiles become exceedingly slippery near the produce section, where water from unpacked vegetables and fruits naturally drips. Uneven carpet transitions can catch a shopper’s heel and send them flying.

Smart retailers invest in slip-resistant surfaces and install them with an eye for customer safety. Effective drainage, proper grading and anti-slip mats in known problem areas can help.

Lighting Failures

Dim lighting hides dangers. Shadowy parking lots, dark corners in aisles and poorly lit stairwells make it hard for customers to see hazards. Premises liability lawyers will tell you that inadequate lighting is one of the most common premises liability hazards.

The solution? Regular bulb replacement schedules. Motion sensors in low-traffic areas. Backup emergency lighting.

Aisle Layout Problems

Crowded aisles, blocked pathways, narrow spaces and jutting displays become tripping hazards. When shoppers can’t move freely through a store, they fall. Merchandise sticking out into customer walkways get bashed. Seasonal displays and end-cap promotional displays are often placed with zero thought to store traffic flow.

Good store design accounts for clear sightlines and unobstructed paths of travel. Designers have to think about how real people move through a space.

Maintenance Neglect

A great design falls apart without proper maintenance. Hairline cracks in floors, loose tiles, and worn carpeting become tripping hazards. Broken handrails let go when someone leans on them.

Regular inspections allow staff to fix developing issues before accidents happen.

Did you know…

Store owners that neglect customer safety could find themselves subject to premises liability lawsuits.

Grocery Store Slip and Fall Injuries: Causes and Consequences

Grocery stores must have a perfect flooring system, no matter the size of their spaces. Failure to provide shoppers with this essential safety feature could have legal consequences.

The worst-case scenario?

Grocery store slip injury claims and lawsuits. As the Department of Justice reports, these types of premises liability cases account for 11% of all civil trials. That’s a non-trivial share of court dockets taken up with accidents that could have been prevented.

In grocery stores, these hazards could include:

• Wet floors from spills, produce debris, and melted ice dripping from refrigerated cases.
• Freshly mopped floors without warning signs or barriers.
• Aisle obstructions or cluttered walkways.
• Dim lighting or dark corners.

Each of these represents a failure of either store design or property maintenance.

Grocery Store Slip Injury Causes

Slip and fall injuries at a grocery store are no different from accidents at any other store. The forces are the same and the physics don’t change.

But what does change? Location.