If a person walks barefoot into a grocery store and accidentally cuts him/herself?

Question

on a piece of broken glass that's on the floor? Do you think this person has reason for a law suit? Yes/no? why/why not? I posted a similar question asking what did you think about people walking barefoot into establishments. My contact Roni had a really good reply. So this is like a sequel question!
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Answer 1

It is sad people are so misinformed about going barefoot. In spite of persistent myths, there are NO laws or health rules requiring footwear in stores or restaurants in the US, insurance companies don't require or even recommend footwear for customers, and there are no laws requiring footwear when driving either.

It is NOT unhealthy or dangerous or gross to go barefoot. Instead, it's quite good for our feet.

Our skin is made to keep pathogens out; there's a far greater risk of picking something up through our hands, since we touch many things that are also touched by many others, like door knobs, shopping carts, money, etc... Filth on the outside of our skin doesn't harm us, but with our hands we pick up food and touch our faces where the germs can enter our body. Even if we wash up before dinner, who hasn't ever eaten a snack without washing up. The hookworm can enter through the skin but has been pretty much eradicated from the South since modern plumbing replaced the outhouses and never was much of a problem in cooler climates.

Glass and such isn't as dangerous as people think either. I've been barefoot everywhere for ten years, never divert my step no matter how much glass I see, and I get a tiny splinter maybe once a year. Never had a cut, never picked up even the smallest splinter indoors. Tetanus has had a vaccine since the 1920's which everyone should keep up to date since there are other ways of catching it apart from the well-known rusty nail.

Feet do *not* need support; research showed the guys pulling the rikshaws in India when they still ran the streets rather than using motorized vehicles or bicycles had far less foot problems than Western people with all their supportive footwear. They ran barefoot all day, lots of it on pavement, and the streets there aren't exactly clean either, and of course it was very hard work but their feet were in very good shape!

Athlete's foot grows best in a dark, damp and warm environment like the inside of a shoe; you get it by going barefoot briefly and then putting your feet back into shoes. If you remain barefoot, the spores don't have a chance to grow on the well-ventilated, light and dry bare skin.

In the rare case someone *would* get a cut in a grocery store, it'd be thrown out of court immediately as 'contributory negligence', the person going barefoot should be aware of that (very small) risk and has no case at all.

Answer 2

Personal responsibility and accepted risk--even without signs of a no bare feet policy.

Bare feet are more prone to slipping on wet grocery store floors, and can also get cut if there is glass that isn't immediately seen and it's stepped on.

In fact, I once entered a grocery store that had a turnstile. A toe hits the turnstile pole as I enter the store (ow!) but I didn't feel any lasting pain. Bu, I had to leave the store soon enough--I had cracked a toenail in half along the whole toenail, and it was starting to bleed more than just a small amount.

My fault, for going in barefoot, because even the front of a flip flop would have hit the turnstile pole before the toes.

Answer 3

No they cannot file a lawsuit. Most grocery stores have a policy that is strictly enforced... No shirt, No shoes, No service. If it is enforced and the store is in good community standing and has a good lawyer... that suit won't hold water.
I personally don't know why people feel the need to go in stores barefooted. Floors are very nasty and you don't know what a person tracked in on their feet. There are all types of bacteria and infections to be had. They even let their children do it. I think it's sick.
Now if you fall on the glass... you can sue. It was already there and you had no prior knowledge of it and it was an accident by no fault of your own. This is something to think about though.
Remends me of Ezell the Crackhead on Friday. He laid on the floor and said," Oh, my back...my neck and my back... I'm gonna sue for a hunded and fifty thousand... but I'll settle now for 20 bucks. Get my meaning?

Answer 4

It is clearly posted on all establishments that shirt and shoes are required. When I managed a restaurant as long as we had signs posted, and a wet floor sign out at all times we were alright and covered from anyone taking action if they were to fall on the floor, I am sure the same would apply for someone cutting their foot. It is not the stores responsibility to make sure you have your feet protected as accidents do happen and things get broke, people should use their better judgment when stepping foot inside an establishment and do their part in following rules set by the place of buisiness.

Answer 5

It depends on the 'laws' about shoes/bare feet in that locale. The question you asked is more about 'the law' than about the actual 'responsibility' for that 'cut' ... but in Southern California, where wearing flip flops or even going barefoot are 'normal' year around, it would be the STORE that was responsible for the cut. But if that person 'drove' to the store wearing only flip flops or barefoot, he'd be in violation of the laws of the state of California, which clearly state that a person must be wearing 'shoes' while driving ANY car ... and 'flip flops' are not considered 'shoes' even though many people assume that they're 'enough' to be worn while driving a car.

I used to LOVE going barefoot ... until I ran down the street one day to catch the 'veggie man' before he left our area. I needed spuds for dinner, and ended up with third degree burns on the bottoms of both feet, and I got blood poisoning from those burns. Now I 'go barefoot' only in my apartment, and even put on shoes when I go outside onto our balcony. LIVE AND LEARN ...

Answer 6

As a business owner, I will answer the questions.

When I opened my business, I called the Health Dept on this question. The Health Dept for my state said "There are no health Laws on walking barefoot in a store or restaurant (except if it was an employee COOKING food-but flip flops are allowed) The Health Dept said to contact OSHA.

I called OSHA. They said there is no such OSHA law, but to call the Fire Dept for Fire Codes.

Fire Dept said there are no Fire Codes, but I better check my Insurance Company.

Called my Business Insurance company, they said policies are not based on shoes, and stores do NOT get discounts if they ban barefoot people. Nor are rates raised if I allowed bare feet. But, I better check the State laws.

Finally, I call my attorney to check this. He said there are no laws on the books for this, but to be on the safe side I better call the Health Dept. (See above for the Health Dept response).

Truth is, if someone cuts themself anywhere, the store is responsible. If it was a paper cut, would an owner yell at you for not wearing gloves? People try to lift 50 lbs of dog food and they throw their back out - where's their back brace and helmet?

Even with glass, the same glass on the floor is still on the floor if a baby picked it up and put it in their mouth. Rods and nails have even gone THROUGH people's shoes. I have banged my knees and head countless times at work and also as a customer. No knee pads and helmets were required to get in the building.

Hope my research and tribulations as a business owner have helped!

Answer 7

If there is no signage in the establishment outlining their policy for shoes, then yeah, the person technically would have a case. Ludicrous, but without precautions like that, anyone can abuse the system over a lack of home training - it's a sad state of affairs when you can't rely on an individuals common sense to kick in.

Answer 8

That is why signs are posted in restaurants, groceries and such. In fact, a restaurant can refuse service to anyone barefooted or bareshirted. It is because of health issues. The barefooted person can pick up a variety of diseases from bacteria's and live virus's from fallen food goods (raw meat & such). The most that an establishment would pay for would be medical payments for the emergency room, but lawsuits will typically be dropped because of the disclaimers posted in the establishments. Even open toed shoes can be pressed for non-admittance to places.
051607 11:15

Postnote: Sheriam is far too sure of herself and may regret her unconcerned habits someday....

Answer 9

Most stores have the disclaimer: No shoes, shirts; No Service.
That alone should let someone know that they should not even be in the store. Well they may say I'm just browsing I did not need any service anyway.
With the flip-flops and this slippers, do they qualify as shoes and what if one gets cut by glass and still have those on.
It depends, if a store realizes the lawsuit will cost them more (bad publicity, boycotting, etc) they'll probably settle out of court.
But no the "no shoe wearer" should not have a case to sue.

Have you heard 'bout the man that wanted to sue the Dry Cleaners for losing his pants. So there are Many, Various, Stoopid Cases of Lawsuit Fraud.

Answer 10

Unfortunately for every business owner, the chances of getting sued have dramatically increased in the last decade. General Liability insurance can prevent a legal suit from turning into a financial disaster by providing financial protection in case your business is ever sued or held legally responsible for some injury or damage.

It's well known by most ..that businesses don't want anyone entering their business without shoes on.