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Proving slip-and-fall liability in stores

On Behalf of | Aug 11, 2026 | Premises Liability

In some Connecticut slip-and-fall cases, the mode of operation rule can help an injured shopper prove liability without showing that the store had actual or specific notice of the exact hazard. The rule may apply when the business uses a self-service setup that creates a foreseeable risk of spills or similar dangers.

The rule can change what the injured person must prove

In a typical premises liability case, an injured person must show the property owner knew or should have known about the dangerous condition. The mode of operation rule can change that analysis in some retail cases by easing the need to prove notice of the exact spill or object that caused the fall. A business still owes duties to a customer invited into the store, even when the injured person cannot identify how long the hazard was there.

What kind of store setup may trigger the rule?

The rule usually comes up in self-service businesses where customers handle food, drinks or merchandise in ways that make spills or dropped items more likely. A grocery produce section, drink station, bulk display or similar setup may create recurring floor hazards that the store should anticipate as part of normal operations.

The rule is more likely to apply when the spill or dropped item came from the store’s self-service setup, not from a one-time problem somewhere else on the property.

Records and scene evidence still matter

The mode of operation rule does not guarantee success. An injured shopper still needs evidence showing how the fall happened and why the business model created the risk. Many store injury claims depend on photos, witness accounts, incident reports and company policies. A personal injury lawyer handling store injury claims can help determine whether the claim fits this rule or whether the injured shopper will need to prove the business knew or should have known about the hazard.

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