I Tripped Over Shoes Left in a Department-Store Aisle. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
Merchandise scattered on a customer walkway can create an obstruction. The analysis includes who placed it there, how long it remained, employee activity and housekeeping procedures.
From a Case I Handled
I handled a case involving a client browsing near a department-store shoe area where shoes were scattered on the floor. My client tripped and injured his knee.
What I Look For
In a matter like this, I would investigate: surveillance; employee staffing; merchandising practices; inspection/housekeeping records; photos; witnesses; prior complaints; aisle configuration.
What This Case Teaches About Negligence
Merchandise is part of the store's operation, so evidence about how employees manage busy display areas can be important.
Unlike a customer-created spill, merchandise in an aisle may have been placed there by store employees during stocking or display. The store's merchandising practices and employee responsibilities for maintaining clear aisles are central to the negligence analysis.
Applicable Florida Law
Florida premises liability law applies to merchandise obstructions in retail aisles. When store employees create or contribute to the hazard through merchandising practices, actual notice may be established. See Fla. Stat. § 768.0755; Fla. Stat. § 768.81.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Is merchandise on the floor treated the same as a liquid spill?
Merchandise obstructions may be analyzed differently from liquid spills. If store employees placed the merchandise in the aisle, the store may have actual knowledge of the condition. The store's merchandising practices and employee responsibilities are central.
What if customers scattered the shoes?
If customers scattered the merchandise, the store's liability depends on constructive notice — whether the store should have discovered and corrected the condition through reasonable inspection. Surveillance showing employee activity in the area is key evidence.
Does the store's staffing level matter?
Yes. Adequate staffing to monitor and maintain display areas is part of reasonable care. Evidence of understaffing or inadequate housekeeping procedures is relevant to the negligence analysis.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728