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Publix Trip and Fall Accident Claims in Florida

mat that is loose and not secured to the ground. It is raised off the ground and forms a lip. Next to a soda machine

You may trip, fall and get injured at Publix in Florida.  If so, you may be able to recover damages (compensation).  Trip and fall cases against Publix are very similar to slip and fall cases

My article on slip and falls at Florida Publix Supermarkets became so long that I decided to write this article just on Florida Publix trip and fall cases.

The cases below are on mine unless I specifically say that they are.

Shopper Gets Nothing for Trip on Raised Rug and Fall Claim against Publix

Bridget Songin sued Publix Supermarkets, Inc. in Palm Beach County, Florida.  A jury returned a verdict on June 5, 2014.

A West Palm Beach, Florida attorney represented Songin.  West Palm Beach lawyers represented Publix.

A lady was shopping at Publix Supermarket in West Palm Beach, Florida.  She claimed that she was walking to the bathroom when she tripped on a raised part of a rug and fell.

I assume that the shopper claimed that the rug looked like the rug in the picture at the top of this page.  She sued Publix in Palm Beach County, Florida.

She claimed that Publix was negligent in maintaining the walkway area, failure to warn of the dangerous condition (the raised rug).

She sued for bodily injury, pain, suffering, disability, disfigurement, permanent impairment, mental anguish, loss of capacity to enjoy life, medical expenses and aggravation of a pre-existing condition.

As in almost every Florida trip and fall case, Publix denied liability.  They placed blame on her for not being aware and not using more care while walking.  Publix allegedly argued that her injury was not casually related to the fall.

The shopper claimed that Publix’s last offer was $250,000.  The jury found that Publix was not negligent.  The date of the accident was in January 2012.  This is not my case.

2011 – Robert Woosley vs. Publix Supermarkets, Inc.

Robert Woosley sued Publix Supermarkets in Lee County, Florida.  A Fort Myers, Florida lawyer represented him.  A Naples, Florida attorney represented Publix.

He sued for pain, suffering, lost wages and loss of earning capacity.  Publix received a defense verdict in August 2011.  This means that Publix won the case.

Woosley was performing electrical work for a third party business at Publix.  Woosley was not a Publix employee.

While at a Fort Myers, Florida Publix Supermarket, Woosley claimed that he tripped and fell over a box.  He claimed that Publix was negligent in allowing an object blocking the doorway to the electrical room should not have been there.

Trip and Fall Over Rug Settlement  (My Case)

My client claimed that she tripped over a rug that was sticking out in the aisle in a Miami Publix.  She hurt her knee, ankle and wrist.

(My client’s testimonial is at the end of this article.)

We settled her case with Publix.  She continues to shop at Publix and they have made thousands of dollars off of her loyalty.

Customer Tripped Over Carton on a Pallet in Aisle of Store; Case Allowed to Go to Trial

In Abes v. Publix Supermarkets, Inc., 610 So.2d 709 (Fla. 4th DCA 1992), the appeals court ruled that a summary judgment (dismissal) entered in favor of Publix and against the customer was improper.

The shopper was injured when she tripped over a large cardboard carton containing watermelons which had been placed on a wooden pallet and left in an aisle of the store. She testified that she was aware of the carton, but she testified that she wasn’t looking for the box, she was looking for potatoes when she tripped and fell.

The Abes Court concluded that under the facts of the case, there was a jury question raised as to whether Publix was negligent in its use of the wooden pallet. Thus, the trial court erred in granting Publix summary judgment (dismissal). 

Abes presented a comparative negligence situation where the customer was aware of the carton in the aisle.

More about Publix Trip and Fall Accidents

Someone may trip and fall on Publix property.  If the victim is hurt, he or she may have a case.  A hazard must have caused the trip and fall.  The case may be against Publix and the property owner.

In a Florida trip and fall case, the claimant must show that Publix’s carelessness caused his or her injury.  He or she must show that Publix knew or should have known that the dangerous condition existed before your fall.

Trip on a Wheel Stop in a Publix parking lot
Wheelstop in middle of parking space at strip mall. Not Publix.

If a dangerous wheel stop caused a customer’s injury, the victim may have a case.

Find out more about Florida parking lot accident claims.

Mats inside at the entrance to Publix

Publix should have a mat or carpet inside the store entrance.

Carpet inside a supermarket entrance.

This store is following a good practice.  If the carpet becomes loose or buckles, a customer may trip and fall.  If so, the store may be liable for a shopper’s injury.

Loose or bunched up floor mats in a Publix Supermarket

A customer may trip over a floor mat that was sticking up at a Publix store.  It may not be securely fastened to the floor.  A floor mat may be near one of their soda machines.

The injured person’s argument is that Publix should have better secured the mat to the floor.  Publix may argue that they had no notice that the mat was raised and that it could have happened moments before your fall.

The video may make or break the case.  I have had cases where a shopper claimed to have tripped over a bunched up rug.  If the store surveillance video shows that the rug was bunched up or buckled for a while before the fall, this may prove constructive notice.

Trip on landscaping on Publix Supermarket property

In Florida, landscaping in a Publix parking lot is usually not a hazard since it is open and obvious.  The open and obvious danger law prevents recovery where the invitee departs from designated walkways to walk across landscaping areas not designated for invitees to walk on or through.

However, in Florida, an invitee may have a case if he or she was walking on a designated walkway obstructed by tree roots and other landscaping features.  Wolf v. Sam’s East, Inc., 132 So.3d 305, 306 (Fla. 4th DCA 2014).

Check out this Publix shopper’s testimonial below from the trip and fall case that I discussed further above.  She was our client.  It should not be assumed that your case will have as beneficial a result.

Shopper’s Trip and Fall on Stock Cart at Florida Publix Allowed to Go to Trial

In Fenster v. Publix Supermarkets, Inc., 785 So. 2d 737, 739 (Fla. 4th DCA 2001), a Florida Publix shopper’s case was allowed to go to trial where she tripped over a stock cart and fell. She assumed they would move it.

Want to Learn more about Publix injury claims in Florida?  Check out these articles:
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