Slip and Fall at a Utah Grocery Store or Restaurant: Notice, Time to Fix, and What You Must Prove
General information, not legal advice. Read the full disclaimer.
Short answer: Utah decisions on store slip-and-falls separate temporary hazards (spills, dropped items) from permanent ones (structures, equipment, or a manner of use the business created or chose). For a temporary hazard, the injured customer must show that the business had actual or constructive knowledge of the condition — constructive knowledge means it existed long enough that the business should have discovered it — and that enough time passed for the business to fix it in the exercise of reasonable care. For a permanent condition created by the business, notice is presumed and "no further proof of notice is necessary." Your own fault reduces recovery, and you're barred at 50% or more (§ 78B-5-818). Many negligence claims have a four-year deadline (§ 78B-2-307).
Who this guide is for
Utahns injured in a fall at a supermarket, big-box store, convenience store, restaurant, or mall — and the families of people who died after falls.
The two categories (from Schnuphase, quoting Allen)
A published summary of Schnuphase v. Storehouse Markets (a customer slipped on ice cream another customer dropped), quoting Allen v. Federated Dairy Farms, Inc., 538 P.2d 175 (Utah 1975), explains:
- Temporary unsafe conditions. Liability requires two things: the owner's knowledge (actual or constructive) of the condition, and sufficient time afterward that the owner should have remedied it.
- Permanent unsafe conditions — such as the building structure, a stairway, equipment, or machinery, or "the manner of use, which was created or chosen by the defendant." The defendant is treated as knowing about the condition.
We relied on the published summary rather than the full opinion; check the case itself before citing it.
Proving constructive knowledge
You usually build the case with:
- Time evidence: surveillance video showing how long a spill was there, footprints, cart tracks, dirt in the spill, melting (ice cream, ice), or dried edges.
- Employee evidence: who was nearby, when the aisle was last inspected, and the store's inspection schedule and logs.
- Pattern evidence: earlier spills in the same spot, leaking equipment, or a known problem area (a produce section, a doorway on rainy days, a leaking cooler).
- Cause evidence: whether the business created the hazard (a mopped floor without wet-floor signs, a leaking display, a loose mat).
Common restaurant and store hazards
| Hazard | Possible theories |
|---|---|
| Wet floors after mopping, spills near drink stations | Failure to warn or to clean promptly; manner of operation |
| Loose mats, torn carpet, uneven flooring | Permanent condition the business controls |
| Stairs, ramps, handrails | Permanent condition; building and maintenance |
| Entrances in rain or snow | Time to mop up, mats, and warning signs. See Utah Icy Sidewalk and Snow Removal Fall Claims |
| Merchandise or boxes in aisles | Employees often create the hazard |
| Poor lighting | Failure to maintain safe premises |
Shared fault and defenses
A business will argue the hazard was open and obvious, you weren't looking where you were going, or your footwear contributed. Utah's comparative negligence rule reduces your recovery by your percentage of fault and bars recovery at 50%. See Utah Open and Obvious Hazards and Child Trespassers and Utah's Comparative Fault Rule.
What to do right away
- Report the fall to a manager and ask for an incident report; get a copy.
- Photograph the hazard, the area, warning signs (or their absence) and your shoes.
- Get witness names, including employees.
- Ask the business in writing to preserve video and inspection logs — video is often overwritten.
- Get medical care and keep all records. See Utah Personal Injury Evidence Checklist.
- Don't give a recorded statement or sign a release without understanding your rights. See Should You Give a Recorded Statement to the Adjuster?.
Insurance and damages
The business's liability insurer handles the claim; some policies include medical payments coverage regardless of fault. Damages include medical expenses, lost income and pain and suffering. See Utah Personal Injury Damages and Utah Pain and Suffering Damages.
Related guides
Utah Slip and Fall and Premises Liability Claims, Utah Parking Lot Accidents, Utah Personal Injury Statute of Limitations.
Frequently asked questions
Do I have to prove the store knew about the spill?
For temporary hazards, you must show actual or constructive knowledge and enough time to fix it; for conditions the business created, notice is presumed.
What counts as constructive knowledge?
The condition existed long enough that the business should have discovered it.
How long do I have to sue?
Often four years for ordinary negligence claims.
What if the business says I wasn't careful?
Your fault reduces recovery, and at 50% or more bars it.