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You are here: Home / Personal Injury / Publix Supermarket Injury Claims for Accidents (Florida)

September 10, 2021 By Justin Ziegler, Lawyer 30 Comments

Publix Supermarket Injury Claims for Accidents (Florida)

Young lady holding shopping cart

Publix Supermarkets’ carelessness may cause you to get hurt.  If so, there are many fast facts that you need to know for your personal injury case.

Table of contents

  • Why Publix Accident Cases Are Different
  • Publix Has Money to Pay You (Made Almost $2 Billion in 2015)
  • Publix Makes Quick, Small Offers to Shoppers Without a Lawyer
    • Problem With Accepting Offer is You Release Your Claims Forever
      • Who Handles Injury Claims for Publix Supermarkets in Florida?
      • Are Publix Claim Adjusters Nice and Educated?
      • Publix Adjusters May Better Understand of Your Case
      • Where Do You Send Your Request to Save Video/Photos/Evidence?
      • Send It To Both the Store and Corporate
      • Mailing Address for Publix Claims
  • Will Publix Supermarket Automatically Pay Your Bills if I You’re Hurt There?
    • Publix May Pay Bills if They’re Negligent
    • Mall May Have Medpay
  • Will Publix Let You See the Store Video of Your Accident?
    • Will Publix Save the Store Surveillance Video?
  • Sending a Letter Increases Chance Publix Preserves Evidence
  • What Types of Accidents May Lead to a Case Against Publix?
  • Publix Gets 5 Stars for Follow Up
  • Are Jury Verdicts Against Publix Smaller?
  • Marital Status Has a Bigger Effect on The Settlement Release and Check
  • Be On Good Terms With Your Spouse
    • Publix Doesn’t Remove to Federal Court
    • Will Publix Negotiate The Settlement Release Language?
    • Does Publix Pay Better Than Other Supermarkets?
    • Publix Employees May Be More Loyal
    • Never Give a Recorded Statement to Publix’s Claims Adjuster
  • Publix Must Give You a Copy of Your Statement (In Florida)
    • Can’t Do Much To Get Your Statement Before Suing
    • Does Publix Try To Maker it Harder for Victims to Sue?
    • Which claims adjusters work at Publix Supermarkets?
  • Death from Fall from scissor lift platform
    • Death from Forklift Crushing Accident
    • What Florida personal injury defense lawyers and law firms does Publix use?
      • Miami-Dade County
      • Broward County (Fort Lauderdale, etc.)
      • Alachua County (Ocala)
      • Punta Gorda, Port Charlotte
      • St. Lucie County, Florida
      • Unknown County
    • Does Publix Get Sued A lot For Accidents?
    • Publix supermarket employees who are injured while working
  • Publix Employee Claims Against Other Parties
  • How Much Does Publix Supermarkets pay in Claims?
    • Risk Management – General Liability
  • Where in Florida has Publix been sued for allegedly causing someone to get hurt?
  • Who holds important positions at Publix’s Risk Management?
  • Publix Shopping Cart and Stocking Cart Accident Claims
    • Publix Truck Accidents in Florida
    • Which Publix adjusters handle workers compensation claims?
  • Where are Publix stores in Florida located?
    • More Articles on Specific Types of Claims Against Publix in Florida
  • We want to represent you!

Why Publix Accident Cases Are Different

Instead of talking in general about how to handle an injury claim against a store, I’ll focus on what makes accident cases against Publix different than cases against other supermarkets.

Publix Has Money to Pay You (Made Almost $2 Billion in 2015)

In 2015 Publix made $1.735 Billion in profit.  They have enough money to pay any person’s injury claim.

Some other smaller grocery stores (or chains), like Sedano’s, may only have a general liability insurance policy of $1 Million or so.

Publix Makes Quick, Small Offers to Shoppers Without a Lawyer

Publix has offered some unrepresented injured people small amounts of money after an injury at Publix.  They make some of these offers even before the injured person is finished getting medical treatment.

In this aspect, they are similar to Progressive insurance company.

Problem With Accepting Offer is You Release Your Claims Forever

The problem with quickly accepting an offer is that you’ll have to also sign a release.  Once you sign it, your case is gone forever.

Who Handles Injury Claims for Publix Supermarkets in Florida?

Publix Supermarkets handles its own claims.

Are Publix Claim Adjusters Nice and Educated?
Happy

Every Publix claims adjuster whom I’ve dealt with has been nice. Having a claim with them is a pleasure.

Publix adjusters are more educated than many adjusters at many nonstandard insurance companies.  Publix adjusters are fluent in English.

Publix Adjusters May Better Understand of Your Case

The Publix adjuster may be able to prepare a more detailed evaluation of your case.  This may help the adjuster get more authority to settle.

Where Do You Send Your Request to Save Video/Photos/Evidence?

Regardless of the type of accident that you have at Publix, you should immediately send a letter requesting that they preserve the store video, photos and other evidence.

Send It To Both the Store and Corporate

You may want to send this letter to both the store that you were injured at and Publix corporate headquarters.

Mailing Address for Publix Claims

The mailing address for Publix corporate is:

Publix Super Markets Corporate Office
PO Box 407
Lakeland, FL 33802-0407

The address and fax number to each Publix store is here.

Will Publix Supermarket Automatically Pay Your Bills if I You’re Hurt There?

No medical payments coverage.

No. In Florida, Publix Supermarkets doesn’t medical payments coverage.  Thus, Publix won’t automatically pay your medical bills just because you were injured on their property.

Publix May Pay Bills if They’re Negligent

If Publix’s negligence caused your injury on their property, then they may pay your medical bills.

Either way, they won’t send you to a doctor.  Publix has no legal duty to send you to a doctor.

Don’t wait for the adjuster to send you to a doctor.  If you wait, you are wasting your time.

Mall May Have Medpay

Tip: The mall owner or operator may have medical payments coverage in its insurance policy that may pay your medical bills.  This assumes that you’re hurt in the common area of the mall, like the parking lot.

Will Publix Let You See the Store Video of Your Accident?

Don’t expect it to happen.  They will most likely make you work for your money and spend the $450 to sue and serve them.

That being said, they may let you see the video.  At some point after you sue them, the court will require them to give you a copy of the store surveillance video.

Will Publix Save the Store Surveillance Video?

If you report the accident to Publix, they may preserve it.

Sending a Letter Increases Chance Publix Preserves Evidence

If you send them a written request to save the video, they are even more likely to save it.

What Types of Accidents May Lead to a Case Against Publix?

The list is endless. Here are a few examples of possible negligence that may lead to a personal injury case against Publix.

  • A Publix employee drops a bucket with cleaning solution that gets into your eye (and maybe your mouth)
  • Slipping on a substance on the floor and falling
  • Getting your finger caught (and cut badly) underneath a broken chair when you try to slide it in
  • A table at Publix collapsing on you
  • A chair that you are sitting on breaks
  • Tripping on a raised portion of a rug and falling
  • Tripping on carpet that is bunched up and you fall
  • Tripping on a vinyl landscape edge and falling
  • Tripping on a cord that was not secured to the ground, and falling
  • Tripping over a raised changed of elevation that is in an area where that is used for walking
  • Tripping on an electrical cord that is not secured to the ground and properly marked.

Publix Gets 5 Stars for Follow Up

⭐⭐⭐⭐⭐

Rating: 5 out of 5.

The last time I handled a Publix injury claim, I give Publix 5 stars for consistently following up on claims and checking up on the victim’s treatment status.

Are Jury Verdicts Against Publix Smaller?

Publix is likable to a jury.  The adjusters likely know this.  The adjuster may offer less money because of this. However, a much bigger factor that determines the settlement value of your case is your injury. Of course, Publix must also be liable for you to have a good case.

Marital Status Has a Bigger Effect on The Settlement Release and Check

Wedding rings.

The Publix claims adjuster may ask you if you are married.  You can answer this question.

You should assume that Publix will insist on including your spouse’s name on the release and the settlement check.  This is because your spouse has a right to make a claim for loss of consortium.

Be On Good Terms With Your Spouse

It’s wise to be on good terms with your spouse.  Other than the court enforcing the settlement, Publix doesn’t face any negative consequences if they require your spouse’s name to be on the release and check.

Publix Doesn’t Remove to Federal Court

Publix doesn’t remove cases to federal court.  Florida federal courts are more likely to dismiss a personal injury case than state courts.

Cases in Florida state courts generally move slower than in Florida federal courts.

Will Publix Negotiate The Settlement Release Language?

Signing a Settlement Release in a Injury case.

The injured person should make sure that the settlement release protects his or her rights.  Don’t immediately accept the settlement release which Publix offers.

I imagine that Publix is less likely to change the release language than supermarkets that aren’t self insured.  This is because Publix isn’t an insurance company.  Thus, it doesn’t have a duty to an insured to act in good faith.

If Publix won’t change the release language, then you need to decide whether you want to settle.

Does Publix Pay Better Than Other Supermarkets?

Publix has more money than many smaller supermarket chains.  Thus, they may be willing to offer a little more to settle.

However, some smaller supermarkets with good insurers may pay better than Publix.

Publix Employees May Be More Loyal

Publix does a great job keeping its employees for years.  Publix employees may feel a sense of loyalty to Publix.  They may be more likely to give favorable testimony to Publix.

Publix employees are more educated than Winn Dixie employees.  They make a better appearance.  They are less likely to misspeak.

Never Give a Recorded Statement to Publix’s Claims Adjuster

Lady finger on her mouth. Do not speak.

You should never give a recorded statement to a supermarket claim’s representative.

Publix Must Give You a Copy of Your Statement (In Florida)

Under Florida Statute 92.33, Publix and/or its TPA are required to provide you with a copy of your statement at the time that they took your statement.

Send Publix a written request to give you a copy of the recorded statement to you.  They may refuse to give you a copy of your recorded statement.

Can’t Do Much To Get Your Statement Before Suing

Without filing a lawsuit, there is very little that you can do to force Publix to produce the statement.  You can consistently send requests asking for the statement.

If Publix were insured by a Florida insurer, such as State Farm, then pre-suit you would probably have more leverage in compelling this statement because you could file a consumer complaint with the Florida Department of Financial Services.

If you have a large claim against Publix and a liability insurer is involved, then you may have better luck getting a copy of your recorded statement.

Does Publix Try To Maker it Harder for Victims to Sue?

According to the Orlando Sentinel, in 2013 Publix and Walt Disney World led an effort to reduce the amount of personal injury awards.

The article said that Publix is one of the largest donors to the Florida Justice Reform Institute, which lobbies for limits on lawsuits.

Which claims adjusters work at Publix Supermarkets?

According to Linkedin and/or my experience, below are just a few Publix claims adjusters for general liability claims (e.g. slip, trip and falls and more).

Gregory Calzat (Senior Claims Consultant)
Katrina Gustin (CPCU, Senior claims consultant. Currently handling litigation claims)
Cody Herndon (General Liability Claims Adjuster)
Benjamin Pinkham (Risk Management Consultant at Publix)
Rob Wingate (Risk Management. Claims adjuster)

Death from Fall from scissor lift platform

According to OSHA, on January 19, 2015, at Publix Super Markets in Hialeah, FL, a worker was killed in fall from scissor lift platform.

Death from Forklift Crushing Accident

Forklift
Not actual forklift from case.

The Palm Beach post said that a Publix employee allegedly died from an accident at the supermarket’s distribution center in Boynton Beach, Florida.

He was allegedly crushed by a forklift June 13, 2013.

What Florida personal injury defense lawyers and law firms does Publix use?

Publix has uses or has used several different Florida injury defense attorneys and law firms.  They are all qualified and seasoned lawyers.

Warning! These defense firms represent or have represented Publix Supermarkets.  They defend or have defended Publix for claims made by injured victims’ claims.

I do not have any record of any of these firms representing accident victims against Publix.

Some of the Florida defense law firms (and attorneys) are:

Miami-Dade County

Rumberger Kirk (Gregg Palmer). Miami-Dade County.
Lewis Brisbois (Fort Lauderdale, Florida)
Litchfield Calvo (Fort Lauderdale, Florida)

Broward County (Fort Lauderdale, etc.)

Catri, Holton, (Wesley L Catri)

Alachua County (Ocala)

Carter & Drylie (Deborah Drylie)

Punta Gorda, Port Charlotte

Hightower, Stratton and Wilhelm (Dale Hightower and Chris Stratton)

St. Lucie County, Florida

Mark H. Ruff, Jr. (Wicker Smith. West Palm Beach.) April 2015

Unknown County

Rissman, Barrett et. al (Art Young). 2012. Case: Trabulsy v. Publix Supermarkets

There are many attorneys that Publix uses in Florida injury cases.  These are just a few of them.

Does Publix Get Sued A lot For Accidents?

Yes. Many personal injury lawsuits are filed in Florida against Publix.

If Publix was excellent at paying injury claims, it could be argued that there would be less lawsuits filed.

Publix has a great reputation in the community.  I like going to Publix.  So do my friends and family.

I think Publix is better liked than any other supermarket in Florida.  Publix is actively involved in the community.

Publix Supermarkets sponsors many events.

Publix supermarket employees who are injured while working

If a Publix employee gets injured in Florida, they may be entitled to benefits.  In most workers compensation cases, you are not entitled to money for pain and suffering. There are a few exceptions though.

Publix Employee Claims Against Other Parties

You may have a separate claim if a car hits you while you are working for Publix.  It could happen in a parking lot.

Publix may pay for bills and lost wages as a result of this accident.  They may be entitled to get paid back from your settlement.

But you should not agree to reimburse the Publix claims adjuster for the requested amount.  In Florida, the law is on your side.

You may only have to pay back Publix a fraction (small percentage) of the workers compensation benefits that you received.

I co-counsel (work together) with an attorney from another law firm when representing a Publix employee in a workers compensation claim.  I handle the personal injury claim myself.

How Much Does Publix Supermarkets pay in Claims?

Publix Supermarkets paid the following amounts in self-insured claims:

  • From January 1, 2015 to March 28, 2015, $61.937 Million dollars.
  • From January 1, 2014 to March 29, 2014, $70.227 Million dollars.

I assume that these claims include personal injury, workers compensation, defective products, employee discrimination and sexual harassment.  It may include other types of claims.

These claims are for Publix stores in all states.  I do not know how much Publix paid in Florida claims alone.

Risk Management – General Liability

Publix says that its risk management department is more than an insurance department.  They have more than 120 associates in Risk Management.  Some handle claims management.

The Risk management associates handle all parts of customer claims, and insurance for Publix.  Publix has a General Liability department.

The General Liability group handles customer accidents and claims.  Publix’s carelessness may cause someone to get hurt.  If so, the injured victim may sue Publix.

Publix’s Risk Management team oversees and provides the required support in lawsuits against Publix.  They also evaluate insurance coverage.  They give management advice on litigation related topics.

Where in Florida has Publix been sued for allegedly causing someone to get hurt?

Given its size, I imagine that Publix has virtually been sued for personal injury in the circuit court that governs every Florida county.  You may want to look up personal injury lawsuits against Publix.

If so, go on the internet to the clerk of court for the county where Publix was sued.

Use the civil case search function.  In Miami-Dade County, the civil court online system is here.

In addition to the cities mentioned in the cases above, people have been allegedly hurt by Publix in the following cities and counties.  These include, but are not limited to, Miami Gardens, Deerfield Beach, Jupiter, St. Petersburg, Melbourne, Pensacola, Kissimmee, Bonita Springs, Winter Haven, Bonifay, and more.

Who holds important positions at Publix’s Risk Management?

Per Claims & Litigation Management Alliance (CLM), Marc Salm is the Vice President of Risk Management.  He graduated from the Emory University School of Law.

He deals with the “day-to-day management and supervision of associates working in Workers Compensation and Liability…He purchases insurance for Publix, other than health insurance.

He oversees the handling of all workers compensation and liability claims involving Publix.  This includes Florida workers compensation self-administered Claim unit and Publix’s third party claims administrators, Sedgwick (no longer).

He oversees the management of customer and consumer claims and lawsuits against Publix.  This includes the Publix dedicated Liability Claims Unit at Risk Management, an attorney and two paralegals.

Publix Shopping Cart and Stocking Cart Accident Claims

Lady pushing shopping cart.
Actress.

Learn more about personal injury claims if a Publix employee or customer pushes a cart into you or runs over your foot.  Find out information if you trip on a stocking cart or an object falls off one and hits you.

Learn about a Publix Shopper’s Trip and Fall on a Stock Cart at a Florida Publix Lawsuit that was Allowed to Go to Trial.

Publix Truck Accidents in Florida
Publix 18 wheeler truck

Learn about personal injury claims against Publix from Florida truck crashes.

Which Publix adjusters handle workers compensation claims?

Laura Pace, Team Leader– WC Claims at Publix Risk Management.
Crystal Chancey, Florida Workers’ Compensation Claims Manager at Publix Super Markets

Where are Publix stores in Florida located?

Some Publix stores are located in the following cities: Key West, Homestead, Coral Springs, Margate, Boca Raton, Tamarac, Parkland, Hollywood, Delray Beach, West Delray Beach, Pompano Beach, Cape Coral, Fort Myers, North Fort Myers, Lehigh Acres, Naples, Tampa, Orlando, Gainesville, Jacksonville, Tallahassee, Okeechobee, Sebring, Lake Placid, Port Saint Lucie, Vero Beach, Coconut Creek, Lighthouse Point, Bradenton, Longboat Key, Sarasota, Palmetto, Holmes Beach, Sebastian, Melbourne Beach, Palm Bay, Newberry, Crystal River, Lake City, Homosassa, Weeki Wachee, Brooksville, Spring Hill, The Villages, Belleview, Santa Rosa Beach, Kendall, Miami Beach, Doral, Pinecrest, North Miami Beach, Surfside, Sunny Isles, Aventura, Miami Lakes, Miramar, Hallandale Beach, Dania Beach, Pembroke Pines, Plantation, Wilton Manors, Cooper City, Davie, Oakland Park and Lauderdale by the Sea.

Want to Learn more about Publix injury claims in Florida?

More Articles on Specific Types of Claims Against Publix in Florida

Check out these articles:

  • Slip and falls at Florida Publix Supermarkets
  • Trip and falls at Florida Publix Supermarkets
  • Claims against Publix for truck accidents in Florida
  • $31,000 Verdict : Slip and Fall at Publix Resulted in Back Surgery
  • Herniated Disc Slip and Fall Claims with Publix Supermarket in Florida
  • Publix Supermarket Shoulder Injury Claims from Slip and Falls in Florida
  • $96,000 Verdict : Hip Fracture from Trip and Fall at Publix in Miami, Florida
  • Slip and Fall on an Old Banana at Publix in Florida Claim
  • Florida Court Dismissed Slip and Fall near Deli Counter at Florida Publix

Did Publix’s carelessness cause your injury in Florida? 

Check out some of the many Florida injury cases that we have settled, including but not limited to slip or trip and falls, pedestrian accidents, and much more.

We want to represent you!

Our Miami law firm represents people injured anywhere in Florida in car accidents, truck accidents, slip, trip and falls, motorcycle accidents, bike accidents, drunk driving crashes, pedestrian accidents and many other types of accidents.

We want to represent you if you were injured in an accident in Florida. If you live in Florida but were injured in another state we may also be able to represent you.

Call us at (888) 594-3577 to find out for FREE if we can represent you.  Call us 24 hours a day, 7 days a week, 365 days a year.  

Zero Fee or costs if no recovery.

We speak Spanish. We invite you to learn more about us.

Editor’s Note: This post was originally published on May 2013 and has been completely revamped and updated.

Related

Filed Under: Personal Injury

I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

Comments

  1. Florida parent says

    December 4, 2013 at 8:52 pm

    My son and I were burned at a local Publix when they served a hot sample at the Aprons counter that melted through the plate and fell to the floor.

    The associate told my son to clean it up and made him a new one ..she had my other son one which I grabbed to prevent him from getting burnt. It had already melt ed through and burnt my index and middle figure.. we informed a manager and showed the melted plate and burned areas she acknowledge it was to hot but didn’t offer aid or an accident report.

    I took pictures and sent to publix via Facebook not my disappointment with the service fo ud or the care of their associate who served my other son after burning the first.

    Tonight I got a call they want to offer us a gift card to toys r us to help with christmas in exchange for us signing a release.

    I don’t want to sue or anything but my husband thinks they should have done better since they handled it so poorly & I should get legal advice before signing.

    Any thoughts or advice?

    Reply
    • Justin Ziegler, Injury Lawyer, Site Owner says

      December 4, 2013 at 9:23 pm

      Florida parent,

      Thank you for your comment. I am sorry to hear that you and your son were burned at Publix. You were smart for reporting this incident to the manager. You were also smart for taking pictures (although I am not certain what you took pictures of)? Did you take pictures of the melted plate or the burns on your finger, or both?

      How much (money) in gift cards did Publix offer you? I am used to hearing that they offer a Publix gift card but it is interesting to know that they offered a gift card for another store. In fact a Publix adjuster (who worked for SRS, who was adjusted claims for Publix at the time) told me years ago that they sometimes offer Publix gift cards and many claimants (people making claims) accept them and settle their case.

      It does sound like the employee and the manager who was working there needs a lesson in customer service.

      Since you have not mentioned medical treatment I will assume that your son and you did not receive medical treatment. I will also assume that neither of you have any scarring. If my assumptions were true, I would ask Publix how much they would offer me in gift cards. I would tell the adjuster, if true (in my case it is) that I spend thousands of dollars a year shopping at Publix and that I want to continue shopping there. I would not accept their first offer, at least not until I was certain that they were not going to offer more money.

      I once heard from an insurance claims adjuster, that his manager told him, to never settle a case in less than 3 phone calls. Also let the adjuster do the talking. Sometimes they will say things that you did not know and that may help your case (thus increasing your settlement).

      In this scenario, if the adjuster offered me a $500 gift card or so for Toys R Us, I would probably tell him that I am grateful for the offer but I want $5,000 for myself and $5,000 for my son. If the adjuster rejected this offer, I would ask him for another offer. I would not make another demand until he makes another offer. If he told me that my demand is too high, I would say that I need him to make an increased offer (no matter how small he thinks it is). The goal is to keep the negotiation going without bidding against myself.

      In a case like this, the adjuster most likely has authority (permission) to make a larger offer after he makes his first offer. Adjusters can be very persuasive. Do not believe what they say. Negotiating a claim is like playing poker. The adjuster may bluff. On many occasions, an adjuster has told me that he can’t make a higher offer and shortly thereafter makes a higher offer.

      Proving fault in this incident seems like it would be rather easy compared to some other types of accidents in Publix. This is because the Publix employee should not be serving food that is so hot that it burns the skin child. This is true especially when she is serving something that is meant to be consumed (eaten) in the store.

      I would like to help you out and represent you. However, I am unable to represent you because there appears to have been no medical treatment and it seems like you do not plan on seeing a doctor. I wish you good luck. Other attorneys may be able to represent you. If you, your family, or your friends ever need an attorney in the future, call me at (888) 594-3577.

      NO LEGAL OPINION. This letter is not expressing any legal opinion about the value or merit of your claim or potential claim.

      There is a 4 year time limit – from the date of the accident – to sue Publix in this case. I am not your attorney.

      Reply
  2. Shopper who slipped & fell on egg says

    December 30, 2013 at 9:38 am

    Just a few days ago my wife fell at a Pubix store in Florida. It was in the dairy section and she slipped on EGG that was on the floor. There was a stock person just a few feet away who helped her up. A manger was called and they got her a chair as she could not move and was trembling. When I got there (I took pictures and video) the egg had already been cleaned up. I took her to the emergency room, there were no broken bones but severe pain on her elbow back and shoulder and the next morning, headaches. I’m not sure how to proceed or if I have a case against Publix…
    Thank you for any advice.
    R

    Reply
    • Justin Ziegler, Injury Lawyer says

      December 30, 2013 at 10:25 am

      Dear Husband of Publix Shopper Who Slipped and Fell on Egg,

      Thank you so much for commenting on this article! I am sorry to hear that you wife fell and was injured. In order to prove a case against Publix in this case, pursuant to Florida Statute 768.0755 a shopper needs to show actual or constructive notice. You may also be able to show that an employee dropped the egg on the floor.

      Actual notice is established if Publix knew – before the fall – that the egg was on the floor and failed to clean it or block off the area from shoppers until it could be cleaned. Although most employees – including those who work for Publix – are disciplined and will fix apparent dangers (such as an egg on the floor), it is possible that a Publix employee saw the egg on the floor before the fall and did not clean it.

      You did not mention that an employee said that they knew the egg was on the floor before the fall. If you didn’t hear an employee admit to actual notice, it is still possible that a Publix employee knew of the egg on the floor before the fall. Unless the claims adjuster sends you the video, or admits to this, then most likely you won’t know whether this is the case until a lawsuit is filed and a discovery takes place. If video exists prior to the incident, and it shows that a Publix employee saw the egg – or dropped it onto the before the fall – this will constitute actual notice.

      You may be able to establish constructive notice.

      If your wife’s injuries worsen, she is welcome to call us at (888) 594-3577 anytime to get a free consultation.

      NO LEGAL OPINION. This letter is not expressing any legal opinion about the value or merit of your claim or potential claim.

      There is a 4 year time limit – from the date of the accident – to sue Publix in this case. I am not your attorney.

      Reply
  3. Person whose child fell off a shopping cart says

    January 27, 2014 at 10:22 am

    we where at a store – like a Walmart or Target – an I got one of those cart you can seat two children on well I had them strap an I had a glass bottle inside the cart an suddenly I heard my son screaming on the floor o top of the bottle that had shattered an he was bleeding he had a cut on his face an hand they call the ambulance an he had to get stitches on the face an hand the reason he felt was because the straps were old an broke what should I do

    Reply
    • Justin Ziegler, Injury Lawyer says

      January 27, 2014 at 11:02 am

      Dear Person whose child fell off a shopping cart,

      Thanks for asking your question. I assume that your accident happened in Florida, which is where I am licensed to practice law. My answer only applies to an accident in Florida. I am not your attorney. This is not legal advice. There is a time limit to file a lawsuit.

      I would report the incident immediately. I would send a letter to the Target or Walmart like store requesting that they preserve video for the entire date of the incident. I would send that letter to the local store, the corporate store and their claims company (if I had that information).

      Were the straps broken before your child sat in the cart? If they were, then the store may argue that you are at least partially at fault for not choosing a cart without broken straps. If a jury believes this, then your son’s award may be reduced by your percentage of fault.

      If the straps were not broken, then the store may argue that they had no prior notice that the straps were broken before the incident.

      In Florida, even if you are at fault, you may still recover damages but they are reduced by your percentage of fault.

      How old was your child? If he was under the age of 6 or so, in Florida, then under most circumstances he cannot be found to be negligent, although as I said above, his award may be reduced by your fault, if any.

      Call me now at (888) 594-3577 to Get a Free Consultation. There are No Fees or Costs Unless We Recover Money. We accept calls 365 days a year, 7 days a week, 24 hours a day. We also speak Spanish.

      Reply
  4. Person Who Slipped & Fell In Bathroom says

    January 28, 2014 at 12:53 pm

    Hello, I slipped on a wet floor in the bathroom at my a Publix in Florida recently. I went to speak to someone behind the desk but there was only a young lady she was down the other end selling lotto tickets to a long line. I was too hurt distraught to hang about. I took a couple of photos of my foot ankle but not of the bathroom or log. Today I am a fair amount of pain and had to call in sick from work. However, there doesn’t appear to be any significant swelling. But my knee and ankle are both very sore. Do I have a claim for any damages I have incurred? I’m also in training for a 12km run in 30 days so this will set me back on that too. Many regards.

    Reply
    • Justin Ziegler, Injury Lawyer says

      January 28, 2014 at 1:12 pm

      Hello Person Who Slipped & Fell in Bathroom,

      Thank you for your question! I am sorry to hear that you were injured. Did Publix fill out an incident report, and if so, did they give you a copy? If not, I would report the incident immediately and ask (and send them in writing a request) them to preserve video surveillance for the entire day. I would not get into specifics with them about the characteristics of the substance that you fell on.

      Perhaps the video will not show any Publix employees going into the bathroom for a significant period of time. You could then, in addition to other arguments, argue that they failed to reasonably inspect the bathroom.

      I would go to Publix to purchase something and take a picture of the bathroom door to see if there is a cleaning log on the door. If possible, date and time stamp the photo.

      Are you planning on going to see a doctor?

      You may have a claim for damages if you can show that Publix caused the water to get or there, or if they knew or should have known that there was water on the floor before your fall. Was the water dirty or were there footprints on it? Do you know where the water came from? How big was the size of the water? (E.g. 5 drops, size of a keyboard, size of a large pizza box, etc.)

      A few years back, I settled a case (mentioned in this article above) with Publix for $750 where my client was injured when she tripped and fell on a carpet that was protruding into the aisle. All I had was pictures of my client’s bruising and she did not get any medical treatment.

      I hope that you feel better. Please feel free to ask any follow up questions. If your injuries worsen, feel free to give me a call anytime at 888-594-3577.

      Disclaimer: I am not your attorney. This is not legal advice. There is a time limit to file a lawsuit against Publix in Florida.

      Reply
  5. Shopper who slipped and fell on flour says

    January 28, 2014 at 8:01 pm

    Hi I recently went to publix, I was grocery shopping and a stock man was stocking the shelfs and I slipped and fell over a bag of flour that he left on the floor and got injured. I have a contusion on my lower extremity (my leg) and strained ligaments around my spine. I am on crutches and need to see a knee specialist and a chiropractor… I called to the corporate office for publix and they do not want to do anything for me and they will not give me the information for the insurance company that insures publix.
    I do not know what to do I am going through a lot of pain and suffering. What should I do?

    Reply
    • Justin Ziegler, Injury Lawyer, Site Owner says

      January 28, 2014 at 9:15 pm

      Hi Shopper who slipped and fell on flour,

      Thank you for asking this question! I am sorry to hear that you are injured. Disclaimer: I am not your attorney. This is not legal advice.

      Was the stockman actually in the act of stocking shelves when you fell?

      If the stock man was actually there stocking shelves at the time of your fall, then Publix may argue that you should have seen him and should have expected there to be items on the floor.

      But I would argue that even if he was there, he should not leave an item on the floor as that creates a dangerous condition.

      Did you take pictures of the area when you fell immediately after you fell? You should request in writing (with confirmation) that Publix preserve the surveillance video immediately.

      How far into the aisle was the stockman stocking the shelves when you fell? (E.g. Was he closer to the main aisle of the store that runs through all of the other aisles or was he in the actual middle of the long aisle?)

      Was the flour that you tripped on between you and the stockman, or was the floor on the other side of the stockman?

      How far was the bag of flour from the stockman? (E.g. 1 foot, 5 feet, 10 feet)

      When you say that Publix “does not want to do anything for me”, what exactly did they say?

      Did the refuse to give you a claim number and tell you that they are not assigning the claim to an adjuster?

      From my experience, when my client – prior to hiring me – or I report an accident to Publix, they then assign it to a third party claims adjuster (TPA). Did they say that they would do this for you?

      I am not overly concerned about who the “insurance company” – in terms of who pays – is for Publix because in the cases that I have had Publix has a self-funded retention up to a certain amount. Basically, Publix has used a third party claims adjusting company to handle the claims up to a certain dollar figure, and Publix pays these claims with its own money.

      But once I find out who the TPA is, then I would immediately send them a written request (with confirmation) to preserve the video.

      When I have dealt with Publix the third party claims adjusting company that they have used was Specialty Risk Services (SRS), but things can change in an instant.

      Get medical treatment if you need it. There is a time limit to file a lawsuit.

      So that’s what I would do if it were I. Please feel free to ask me any follow up questions and I will be happy to respond, usually within 12 hours and sometimes in as little as 25 minutes.

      Reply
      • Shopper that slipped on flour says

        January 28, 2014 at 11:50 pm

        Yes the stock man was about 5feet away from me stocking other items. and after I slipped and fell the stockman came and removed the flour from the ground and tried to pick me up and I fell again and he said not to call the manager or the police, but another shopper that was there in the isle that witnessed my fall called an ambulance for me. when then manager showed up all he did was fill out an incident report, he never gave me a claim number or offered one and neither did the publix corporate office.

        Reply
        • Justin Ziegler, Injury Lawyer says

          January 29, 2014 at 10:45 am

          Shopper that slipped on flour,

          This is not legal advice. I am not your attorney.

          Thank you for your reply. Was it just one bag of flour or multiple bags? I think that the more bags that there were then the more that Publix will argue that the more visible – or open and obvious – to you they should have been. I would go back to the store, purchase something and take a picture of the general area where this happened.

          Before your fall, was the bag of flour between you and the stock man?

          How far into the aisle was the stockman stocking the shelves when you fell? (E.g. Was he closer to the main aisle of the store that runs through all of the other aisles or was he in the actual middle of the long aisle?)

          From my experience, the manager does not give a shopper a claim number. Claim numbers are typically assigned once the case has been reported to Publix risk management. How did the call end with the Publix corporate office? Did they say that someone would be in contact with you?

          Reply
  6. Person who fell backwards into shopping cart & fractured her elbow says

    February 27, 2014 at 8:58 am

    Exiting Publix, the bagger and I headed to my car. As I opened the rear door i realized that I needed to load the groceries in the trunk. I backed up and he and the cart were parked directly in back of me . I fell backwards into the cart and landed on my elbow on the ground. I went to manager and filled out and accident report. I have gone for an xray and I have a fracture to the tip and hurts to rest my elbow on any hard surface. They offered me 1,000.00 then 2500.00 and now 3500.00 and sign a release. I have not signed anything and have not accepted anything as of yet. Should I settle? This happened recently.

    Reply
    • Justin Ziegler, Injury Lawyer says

      February 27, 2014 at 10:56 am

      Dear Person who fell backwards into shopping cart & fractured her elbow,

      I am sorry to hear that you fractured your elbow. Thank you for your question! I am not your attorney. There is a time limit to file a lawsuit in Florida.

      The downside if you settle now is that you may not know the full extent of your injury. Your injuries could worsen. What happens if you need surgery and you get an infection? In that case, your damages would significantly increase.

      You should also be sure that there is language in the release that protects your best interests. Knowing which language to place in the release is one of the many reasons that I recommend hiring an injury lawyer who concentrates in these types of accident cases.

      I use a base guideline, though not exhaustive, for release language which can be found at Florida Trial Lawyers Section of the Florida Bar under the Publications section (see Standard Release Form). I still strongly suggest having the release reviewed by an experienced Florida injury lawyer. I recommend that you take the release very seriously.

      Why did you open the rear door? Did you plan on placing groceries in the rear seat? Where did you tell, if you did at all, the bagger that you wanted the groceries placed? Did you know that he was behind you before you stepped backwards? These are all important facts that I would like to know.

      However, you should note that Publix’s offer is voluntary and they can take it back at any time. Though in the past 10 years of my practice, I have never had a private business – before a lawsuit was filed – take back an offer. On the other hand, I have had a county and a city claims adjuster take back an offer.

      I hope that you feel better.

      You are welcome to contact me for a Free consultation or call me at 888-594-3577, 24 hours a day, 7 days a week. I represent people throughout the entire state of Florida. There are No Fees or Costs Unless I recover money.

      Reply
  7. Person with ACL,fracture & ligament injuries says

    September 13, 2014 at 6:01 pm

    Shopping at a local supermarket I slipped and fell in standing liquid in the soap aisle, causing torn acl, fracture, other damaged ligaments in both knees, and bump on head. I’m completely immobile now, in wheelchair, requiring full time care and unable to work due to this injury, much less get much required surgery to correct the damage. They offered $1,000 to settle but this will of course not cover any current and upcoming medical expenses. Unsure how to proceed. Any help?

    Reply
    • Justin Ziegler, Injury Lawyer says

      September 13, 2014 at 6:10 pm

      Dear Person with ACL,fracture & ligament injuries:

      Thank you for telling me about your incident! I am sorry to hear that you were so badly injured. I wish you a speedy recovery.

      If this incident occurred in Florida or you live in Florida, you are more than welcome to call me at 888-594-3577 to see if I can represent you. I am available all weekend long, day or night. I definitely suggest that you speak with an attorney immediately. These are 11 reasons to hire an injury lawyer. There are No fees or costs unless we recover money.

      There is a time limit to file a lawsuit. I am not your attorney. This is not legal advice.

      Reply
  8. CHX says

    November 10, 2014 at 7:49 pm

    Hello how are you ? I have a question ..I went to a supermarket and in the middle of the store they had a table with clearance stuff ,,,at the edge of the table o bottle of wine felt I don’t know how on my leg I tried to stop the bottle not to break with my knee and my knee cap moved and I have extremely pain ..twisting I strained my sciatic nerve going to my spine ,went to emergency they took xray to my knee put a cast for 20 days ,not able to stem in my leg and I continue with a chiropractor almost everyday since then ..sorry for my bad English what should I do ? please help

    Reply
    • Justin Ziegler, Injury Lawyer says

      November 13, 2014 at 10:50 am

      Dear CHX:

      I am sorry to hear that you have these injuries. I wish you a speedy recovery. This is not legal advice. I am not your attorney. There is a time limit to sue Publix.

      My answer assumes that your incident happened in Florida, which is where I am licensed to practice. If it did not happen in Florida, please disregard this comment.

      1. Was anyone in the area when the bottle fell on you?

      2. Do you think that you bumped the table, thus causing the bottle to fall?

      3. Do you have pictures or video of the table and the bottles taken after the incident?

      I would like to know the answers to these questions. I have a hundred other questions or so but these are a starting point.
      We generally send a letter, email and fax to the supermarket asking them to preserve video, pictures, surveillance, etc.

      Your response to my comment will be posted anonymously (using letters which are not your initials) but will be public.

      Reply
  9. CHX says

    November 10, 2014 at 7:51 pm

    please I need ur advice ..supermarket called me to settle for a thousand and also one employee been really rude asking me to move cuz he has to clean told him I cant move and they brought me a chair ,ice and the manager to write an incindent report..thank you.

    Reply
  10. Linda Thomas says

    July 15, 2015 at 1:55 pm

    Most of those incidents can be chalked up to bad management at Publix Markets. Why isn’t the manager regularly walking around the store to ensure that there are not safety hazards. I like shopping at Publix, but they need to get it together.

    Reply
  11. Ros says

    March 29, 2016 at 11:58 am

    Good afternoon:

    I was robbed at a supermarket, a man entered my car and stole my purse. I yelled and gave chase to him, while chasing him I was injured on the supermarket’s property.

    I did go do seek medical attention because I was having spasms in my back and body aches. Since then the store manager has called me twice, but I have not responded.

    I am hurting but not sure if I have a case or not…..please advise.

    Reply
    • Justin Ziegler says

      March 31, 2016 at 1:58 pm

      Ros:

      Thank you for your comment. I’m sorry to hear that your purse was stolen and that you were hurt.

      You may have a case. At this time, I am unable to represent you.

      If you get medical attention, you are welcome to contact me at 305-661-9977 to see if I can represent you.

      There is a time limit to sue or your claim is forever barred. This is not legal advice. You should speak with a lawyer immediately.

      Reply
  12. phil shertman says

    June 25, 2016 at 11:21 am

    No need for a response With the exception of two grammar related errors a very good well understood presentation. FYI: worked in the public sector of claims as well as the self insured area for over 35 years Thanks, Phil Sherman

    Reply
    • Justin Ziegler says

      June 26, 2016 at 12:57 pm

      Thanks for the praise Phil. I’ll proofread the article again.

      Do you miss working in the claims world?

      Reply
  13. Aya says

    September 7, 2016 at 10:09 pm

    Hi I need your advice .
    I went to a supermarket and got turkey ham from deli. I made food with it and ate, I felt something in my mouth it was plastic film. I think my 4 years old daughter was swalloed it.
    And I checked the turkey, yes it can see film with it

    I send to them picture and told them what happen was they said refound money back.
    So that’s all?
    Sorry for my English hope you understand

    Reply
    • Justin Ziegler says

      September 11, 2016 at 3:22 pm

      Hi Aya:

      Thank you for your comment. I’m sorry to hear that you had this bad experience. I hope that your daughter did not swallow the plastic film.

      If this happened in a Florida Publix, or you live in Florida, and your daughter develops serious injuries, please feel free to contact me. As of now, I am unable to represent either of you.

      Disclaimer: You should speak with an injury lawyer immediately. There is a time limit sue or your claim is forever barred. I’m not your lawyer. This isn’t legal advice.

      Reply
  14. slipped and fall in deli area at publix says

    November 7, 2016 at 8:44 am

    hello I was in publix the other day shopping and slipped on ice. I was pushing my cart, walking at a slow pace just looking around.

    I slipped and fell down onto my left knee. it was early in the morning so the store was pretty empty and no one came to my aid. not a shopper nor an employee.

    I used the cart to get myself up and I felt a lil bit of pain, but not a lot of pain.

    as I looked around I noticed that what I fell on was ice and that it looked as if the fountain machine for drinks in the deli area, that someone had maybe spilled or dropped ice on the floor and the carpet that is usually there didn’t catch all of it.

    the ice must have bounced or slid across the carpet/mat and onto the hard wood floor. im sure im on camera some where in there. I was a bit embarrassed so I left.

    since then my knee is swollen and is in more pain. what do I do? I have an appointment with my doctor tomorrow for the swelling and pain.

    Reply
    • Justin Ziegler says

      November 7, 2016 at 10:47 am

      Dear Person who slipped & fell in Deli area:

      Thank you for your comment. I’m sorry to hear that you were injured. I suggest that you immediately send the Publix store (and Publix corporate) a written request asking ask that they preserve any video surveillance of the fall, and video surveillance of the subject area for the 24 hours before you fall, through the closing of the store on the day of your fall.

      If this incident happened in Florida, please feel free to call me at 888-594-3577 if a diagnostic study (X-ray, CT-scan, MRI, etc.) shows an injury, and you’re considering hiring a lawyer. I hope that you feel better in the meantime.

      Disclaimer: My answer only applies to Florida accidents. You should speak with an injury lawyer immediately. There is a time limit sue or your claim is forever barred. I’m not your lawyer. This isn’t legal advice.

      Reply
  15. ben says

    March 19, 2017 at 12:47 am

    Hi. I was at publix and I was getting ready to go into a isle but behind me was empty milks carts on a pallet.

    I seen it falling from the corner of my eyes so I quickly put my hand out and some of the empty carts hit my hand and leg. I did make a report but I’m not badly injured to the point of me needing to go to the hospital.

    I know it wasn’t really the Associate Fault because he stop to help a customer.. what actions do you think I can take if they find it to be accidental?

    Reply
    • Justin Ziegler, Injury Lawyer says

      March 20, 2017 at 2:36 pm

      You should speak with a lawyer if you’re considering making a claim.

      What caused the empty carts to fall. Were they stacked improperly?
      I don’t understand what you mean when you say “if they find it to be accidental?”

      If you don’t get medical treatment, it isn’t the type of claim that I can help you with.

      Disclaimer: There is a time limit to sue. This is not legal advice. I am not your attorney.

      Reply

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