Did You Slip and Fall at a Winn-Dixie in St. Petersburg?

Winn-Dixie is a fixture in St. Petersburg, with four locations serving countless customers each year. Administrators and employees who oversee Winn-Dixie locations have a duty to protect anyone who legally enters the property, including but not limited to customers, employees, and third-party contractors.

If you or a loved one slipped and fell at any Winn-Dixie location in St. Petersburg, you are entitled to compensation for medical bills, pain and suffering, and any other damages related to the fall. A St. Petersburg slip and fall attorney will lead any insurance claim or lawsuit related to the fall, protecting your rights and fighting for the financial recovery you deserve.

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Table of contents

Every Grocery Store (Including Winn-Dixie) Must Protect Its Customers and Visitors

Winn-Dixie has stores at Rutland Plaza, Paragon Crossing, and two other locations in St. Pete. Those responsible for these stores (and every other grocery store in the city) must take reasonable steps to protect shoppers, other employees, and others who legally enter the premises.

A woman slipping and falling on a staircase, with scattered papers around her

Some basic steps that Winn-Dixie owners, administrators, and employees must take in the name of safety include:

Cleaning Up Slipping Hazards

Wet surfaces, including those resulting from spills, are among the leading causes of slip and fall accidents. Those responsible for Winn-Dixie locations in St. Petersburg must:

  • Train employees about how to address spills, weather-related wet surfaces, and other slipping hazards
  • Ensure that resources for cleaning up or removing slipping hazards are always on hand
  • Constantly walk the store, keeping an eye out for slipping hazards
  • Install video cameras and other remote resources that can help employees identify slipping hazards
  • Show urgency when it comes to slipping hazards, as allowing such hazards in a store can lead to life-changing slip and fall accidents

Owners have a duty to train employees, ensure safety resources are always available at the store, and enforce policies regarding slipping hazards. Lower-level employees must monitor the premises and clean up spills promptly.

Blocking Off Areas of the Store That Pose a Threat

Winn-Dixie employees cannot always remove a slipping hazard immediately. For instance, employees may need to call a professional to address the issue if a pipe is dripping condensation on the floor.

In such cases, employees still have a duty to protect customers and others on the premises. They may block off the area where the moisture is accumulating to ensure nobody slips.

Hiring Third Parties to Make Repairs Right Away

If a slipping hazard requires a third party’s attention, Winn-Dixie employees should:

  • Take immediate steps to block off the hazard
  • Inform superiors (which may include a manager or store owner) of the hazard
  • Ensure proper parties are properly addressing the slipping hazard
  • Keep tabs on the repair or removal of the slipping hazard

Store owners are ultimately responsible for the condition of their Winn-Dixie location. They must take all necessary steps to eliminate slipping hazards, no matter the cost.

Installing Bright Lighting Throughout the Store

Slipping hazards can emerge before employees become aware of them. In such cases, having bright lighting can help a customer or other party see and avoid the slipping hazard.

For this reason, store owners are responsible for installing adequate lighting features throughout Winn-Dixie stores (both inside and outside).

Installing Anti-Slip Features

There are many resources Winn-Dixie store owners can use to reduce the risk of falls, including:

  • Floor mats, especially at entrances where customers might track rain into the store
  • Slip-resistant flooring materials
  • Handrails

Store owners must also make necessary repairs and updates to reduce the risk of slip and falls. For instance, if a carpet becomes torn, the owner must replace it so nobody slips and falls.

Winn-Dixie Employees Are Also Entitled to a Safe Workplace

Customers are often the ones who suffer the consequences of dangerous conditions at a Winn-Dixie store. However, employees are also vulnerable when:

Yellow 'Cleaning in Progress' caution sign placed on the floor in a restaurant or café setting
  • Their store owner refuses to spend the money necessary to reduce the risk of slip and fall accidents
  • Their store owner is not available to listen to concerns about slipping hazards
  • They are not given the resources necessary to remove slipping hazards (whether it’s the funds to hire a third-party contractor, an effective mop for spills, or any other resource)
  • They are overworked, which can increase the likelihood of accidents

Third-party contractors completing work at a St. Petersburg Winn-Dixie can also fall and suffer injuries when a store is unsafe. Those who suffer such falls should not wait to hire an attorney to hold liable parties financially accountable.

Winn-Dixie Liquor Stores Must Be Just as Safe as Grocery Stores

Winn-Dixie grocery stores are often next to the chain’s liquor stores. Owners and employees of WDs Wine, Beer & Liquor have the same responsibility to prevent slip and fall accidents as grocery store owners and employees.

In fact, the abundance of liquid in Winn-Dixie liquor stores poses a heightened risk of spills, broken glass, and other hazards. These stores are significantly smaller than Winn-Dixie grocery stores, so there is no excuse for slipping hazards to persist without promptly addressing them.

What to Do Following a Slip and Fall at a St. Petersburg Winn-Dixie

Anyone injured at a Winn-Dixie should:

  • First: Get medical attention for fall-related injuries, which you can do at an emergency room, urgent care facility, or doctor’s office (just don’t wait to do so)
  • Second: Hire a slip and fall lawyer in St. Petersburg who will notify authorities (including insurance companies) of your injuries and start building your case immediately
  • Third: Heed the advice of your lawyer and doctors, who will help you recover physically, emotionally, and financially

Organizations as large as Winn-Dixie know that they will eventually face insurance claims and lawsuits. Rather than providing fair compensation to everyone who accuses Winn-Dixie of negligence, expect the store’s insurance provider or attorneys to fight your claim. For this reason, hire a lawyer from the get-go so they can get ahead of any attempts to underpay you.

Your Slip and Fall Attorney Will Immediately Start Your Case

Slip and fall accident cases involving Winn-Dixie fall within a statute of limitations. Florida law states that you usually have two years to file a lawsuit for non-fatal falls. Two years may seem like a long time, but many fall victims have lost track of time and missed their filing deadline.

Your attorney will immediately start your case after you hire them, and their responsibilities will include:

Finding Evidence That Winn-Dixie Representatives Were Negligent

Your slip and fall attorney will visit the Winn-Dixie where you fell and obtain any evidence that supports your case, which may include:

  • Video footage of the slip and fall accident
  • Winn-Dixie’s inspection records indicating that employees knew of a slipping hazard (and didn’t respond appropriately)
  • Eyewitness accounts of the fall
  • An expert’s reconstruction of the circumstances that led you to slip and fall

Your attorney will secure this evidence right away, and they will file any necessary legal motions to have Winn-Dixie provide evidence it is withholding.

Documenting Damages from Your Fall in Winn-Dixie

Your lawyer will demand a financial settlement that equals the value of your damages. Therefore, your attorney must prove the exact nature and cost of your damages. They may prove this with:

  • Medical records and notes from your post-fall healthcare providers
  • Images of your injuries, including both photographs and medical images like MRIs and X-rays
  • Medical bills
  • Medical experts’ projections of your future healthcare needs and medical costs
  • Income statements showing how much income you have lost because of the fall

Your pain and suffering will be an important damage in your slip and fall case. Your attorney may hire a mental health professional to document such pain and suffering.

Determining the Exact Value of Your Case

Your lawyer will determine the value of your case before they negotiate a settlement on your behalf. They will include the cost of current, future, economic, and non-economic damages in their calculation.

Negotiating a Settlement (with Winn-Dixie’s Insurance Company or Lawyers)

Your attorney will contact Winn-Dixie’s representatives to begin pursuing a settlement. Depending on the unique details of your case, your lawyer may negotiate with insurance representatives, Winn-Dixie’s lawyers, or representatives for others who are liable for your fall-related damages.

Leading Any Lawsuit You Want to Pursue

It’s most likely that your case against Winn-Dixie settles. However, your case might warrant filing a lawsuit because:

  • Winn-Dixie’s insurer denies your claim
  • The insurance company refuses to recognize the full cost of your losses
  • Other circumstances compel you and your attorney to file a lawsuit

Filing a lawsuit can be an effective negotiation tactic. Liable parties may play hardball at first, hoping you will accept a lowball settlement offer (or no settlement at all). Once your lawyer files a lawsuit, though, liable parties may recognize how serious you are about securing fair compensation.

Fighting for Compensation in Court, If Necessary

Filing a lawsuit can lead to one of two outcomes. Liable parties may negotiate in good faith and ultimately agree to your lawyer’s settlement demands. Another possibility is that liable parties will continue stonewalling your lawyer, in which case your attorney may proceed to trial.

Whatever course your case takes, an experienced lawyer will confidently fight for the compensation you deserve.

Damages Your Lawyer Will Seek in Your St. Petersburg Slip and Fall Accident Case

Your lawyer must identify the damages you’ve endured because of your fall. They must then determine the financial value of those damages. Lastly, your attorney will have to obtain fair compensation for the cost of your damages.

Because damages are such an important aspect of your case, trust that your lawyer will uncover every relevant detail. Your lawyer will include in their settlement demands every single type of harm you’ve suffered, which may include:

Physical Pain 

Falls can cause immediate pain, especially when someone suffers a serious injury. You may also face chronic pain resulting from your fall. Your lawyer will demand fair compensation for both of these types of pain.

Suffering

Slip and fall lawyers seek compensation for “pain and suffering,” and the “suffering” portion of this type of damage can include:

  • Post-traumatic stress disorder (PTSD)
  • Depression
  • Anxiety
  • Sleep loss
  • Lost quality of life

Those who suffer severe (including disabling) injuries may even struggle with substance abuse and thoughts of self-harm. Your lawyer will consult qualified mental health professionals so they can accurately diagnose and value your pain and suffering.

The Cost of Mental Health Services

Should you seek any medications, counseling, or other treatments for your pain and suffering, your attorney will demand that Winn-Dixie, or any other liable party, cover the cost.

Medical Costs

Falls can cause life-threatening injuries, including but not limited to brain trauma, internal bleeding, and severe fractures. These kinds of injuries can require emergency medical care, surgeries, and a host of other medical services (plus medications, medical equipment, and other treatment-related items).

Your attorney will seek fair compensation for all fall-related damages, and they won’t overlook the cost of medical care.

Lost Income and Other Professional Harm

If your slip and fall accident leads to lost income, diminished earning power, or any other professional harm, your lawyer will include these professional damages in your claim or lawsuit.

Will My Lawyer Sue Winn-Dixie?

Being a brand that spans several states, Winn-Dixie likely has a robust insurance policy, which means:

  • Filing an insurance claim may be your lawyer’s most likely course of action
  • Winn-Dixie’s insurance policy may have high coverage limits (meaning it should cover your damages)

If Winn-Dixie’s insurance policy does not cover your damages or the insurer does not negotiate in good faith, your attorney can sue the grocery chain. If any other party is liable for damages from your slip and fall accident, your lawyer will form a strategy for securing fair compensation from those parties.

Hire Your Slip and Fall Lawyer in St. Petersburg Today

It’s not a given that you will obtain the compensation you deserve from Winn-Dixie or any other liable party. Hire a proven St. Petersburg slip and fall lawyer today to fight for the financial recovery you deserve.