If You Fall Down in Central Market Because the Store Neglects To Clean Up a Spill, Do Not Expect an Apology
Last Friday afternoon, I walked into Central Market on Lovers Lane for possibly the last time. And, in retrospect, I feel lucky I was able to walk out.
After picking up a few items, including a thoughtfully selected group of ingredients from the salad bar, I was making the circle around the prepared-foods case when suddenly I found myself on the ground. I had fallen forward, my left knee slamming into the floor. The basket I was carrying also flew forward, propelling salad in all directions. Confused and embarrassed, I picked myself up and told the fellow shopper who had to come to my aid that I was okay. When I turned around, I was still embarrassed but no longer confused. Behind me was a puddle — and I do mean puddle — of spilled oil. My left foot had hit the oil patch and flung me forward.
Eventually, embarrassment would turn to disappointment.
The first Central Market staffer on the scene was a man with a mop bucket. He promptly cleaned up the oil and set up a wet-floor sign. Shocked by the size of the oil spill (I would estimate that it was 8 inches in length and 3 inches in width), I say, “That’s really bad.” Mop guy responds with “Yeah, that’s bad.” Nothing else. No apology. Next on the scene is a man with a walkie-talkie. “Are you okay?” he says. I say yes. “Someone is coming to talk to you,” he says. Nothing else. No apology.
At this point, my knee has begun to throb. I realize I have oil spattered in various spots on my jeans. And the bottom of my left shoe is pretty much dripping with oil. While I wait for the mysterious “someone” to come talk to me, I imagine that it must be the store manager, eager to apologize profusely and try to win back my sure-to-be-waning love. I also spend this time trying to sop up the oil from my shoe so I don’t fall down again. It’s also worth noting that to do this, I’m using napkins I had just happened to grab from the salad bar earlier. No one has offered any help with this situation, and my basket is still sitting on the floor.
Finally, “someone” arrives. I believe her name was Courtney. She doesn’t reveal her title. For all I know, she’s the loss prevention manager or the deli manager or a random woman who likes to interview injured customers and jot down notes in a spiral notebook. Courtney, you might have already guessed, does not apologize.
Her first words to me: “Oh, flip-flops.” This, as I’m working my way through the stack of napkins. “This has nothing to do with flip-flops,” I say. “It’s the huge oil spill in your floor.” Things do not improve from here. Courtney then asks my name, address, and phone number. I spell my last name for her, but when I look over her shoulder, I see that she’s written down a wildly misspelled version. She asks me which direction I was walking when I fell. Um, north? I point. She asks me how the oil got there. I tell her that if I knew that, I probably wouldn’t have stepped in it. She tells me not to worry about it, that they would check the security-camera footage and find out where it came from. If there’s footage, I wonder, why am I being interrogated? She asks me on what part of my body did I fall. I tell her — even though the footage, apparently, can tell her the same. Sensing my irritation, Courtney says, “One of those days, huh?” I tell her no, my day was perfectly fine until I stepped inside Central Market.
When Courtney has gotten all the information she needs, she tells me that “someone” will be calling me in a few days to get more details about the incident. Realizing no apology — nor common courtesy — is coming, I look down at my oil-stained clothing and ruined salad and tell Courtney that I, too, am done. I will be leaving the store, sans purchases.
Courtney then smiles at me and says, “I hope your day gets better.”
Courtney, if you were wondering, my day did not get better. When I left Central Market, I had to venture to one of your competitors to fetch dinner — for the second time. My swollen knee turned multiple shades of purple and blue. It was — and still is — sore to the touch. I had to take aspirin to ease the pain in my knee as well as the stiffness I now had in the left side of my neck. I also discovered that I had sliced open the middle finger on my left hand. I must have hit something on my way down. I have no idea what it was, but when you check the footage, maybe you can tell me.
Central Market, I’m waiting for your call. I understand that you have more questions for me. I also have some questions for you.
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53 comments
Don’t talk to them. Get a lawyer. They will record the conversation and use it against you later should the damage to your knee prove to be extensive.
Rhonda, be careful that you don’t tell Glenn as I am sure he will agree with the flip-flop observation and peg you as a democrat or worse.
In the meantime, Hope this helps
Ouch. I had a similar fall at home about 5 years ago, and had to have knee surgery, so I know how painful that can be.
I’ve had similar incidents in stores. While shopping in LA about 3 weeks ago, my daughter stepped on the spike side of an anti-theft tag (in flip flops no less). The store employees were HORRIFIED and extremely apologetic. She wasn’t bleeding, but they insisted on having us fill out an incident report and called TWICE to check on her.
And, same child slammed her finger in a car door in the parking lot of a grocery store. In a panic, “we” bled all over the pharmacy and customer service department. Although it didn’t happen as a result of their equipment, they found the address of the closest emergency clinic and called for us. They also followed up.
After years of working in healthcare, here’s a tip: in general, people don’t sue when you are nice. I’ve known of horrible surgical mistakes, and the doctor wasnt’ sued when he/she was open, apologetic/contrite, and followed up with the families…even when a death happened.
So, Central Market? BE NICE. Sounds like Courtney might want to get an application in at Wal-mart…quick.
Hope you are on the mend Rhonda!
They’d be hearing from my atty., before they could call me. Slip, trip, and fall….. They should watch that OSHA safety video.
Don’t blame Central Market. Unfortunately, the significant number of fake slip-and-fall accidents in the US has created an environment where employees in such situations cannot apologize, and are almost always explicitly ordered never to do so. As soon as someone says “I’m sorry,” or “we’re sorry.” they have essentially admitted legal liability for your injuries. Of course, honest people like you, who are genuinely injured, just want another human being to express regret. But enough people game the system, seeking lifetime disability from accidents they staged themselves, that the interpersonal humanity has been squeezed from the equation.
Companies usually approach that kind of thing without any kind of apology at all. They instruct/train/implore their managers that they can acknowledge that “slipping sucks…” but never, ever, under penalty of job-security… apologize. Ever. An apology in any potential subsequent suit is usually admission of guilt. Thank you civil court system.
I’m speaking of course of the messy litigious world we find ourselves in, not of values — in terms of human values any person employed in the company should have apologized. But until there’s some kind of law or procedure established to give
It’s ironic, this instruction to “never ever apologize” actually causes more lawsuits…because injured people become more enraged at the lack of acknowledgment of their injury.
PS any witnesses to the oil and/or the fall? you took pictures, you may have a case. if you do, Courtney should be made to enjoy a similar indignity to your fall: giving a deposition.
Well I was just writing a post about how Central Market makes living in Lakewood so wonderful… not with oily floors.
I wiped out on my own tile floor a few weeks ago because I was zipping out the door and did not see the Formula 409 I had let sitting on the grout to clean it. Not fun to fall at all!
Don’t blame them for not apologizing, I mean. Blame them all you want for the accident.
Well Rhonda, it doesn’t sound like they were rude… If I’m going to be honest with you- I think you’re being a bit of a drama queen here. Perhaps they are told not to apologize since that might give the impression they are at fault. I’m sure once they review the tape you might get an apology, but in the meantime stop with the drama and suck it up!
Better call Saul!
Central Market followed what all corporations would do in a slip and fall situation. Slip and fall is one of the oldest scams in the book, and a legitimate one is heavily scrutinized, don’t blame Central Market for that. As with a car accident you will never hear a company say “we’re sorry” as that admits blame. It’s also really silly to threaten not to shop there again because that give a company no incentive to try to make things right, because if your not a customer then who cares?
Calling Brian Loncar . . . . come in, Loncar.
My experiences with problems such as product quality has always been great. I’m sure they are full of caring people who would otherwise love to give as much care and concern as we all feel we need. However, due to the litigiousness of our society, I’m sure their liability insurer has told them what to say and what not to say in these circumstances and their responses have to be measured, exact and correct to insure the proper liability is placed in the proper place. I’m sure I would feel equally as bad had it happened to me but an apology could be an admission of liability and I blame unscrupulous, opportunistic “customers” for making things hard on all of us.
This is what property owners are trained to do in Texas now. Texas law is VERY anti consumer when it comes to injuries sustained on a business property. Even if she had shattered her kneecap and been taken away in an ambulance, Central Market would not apologize or accept responsibility with these facts. That is because in Texas you, as the injured person, would have to prove what it was you slipped in, and that Central market either knew it was there, or, that it was there for enough time that they should have discovered it. They will check the footage and if it shows the oil on the floor for a long period of time, will likely edit out the video down to the 30 seconds before your fall. Thank the Texas Supreme Court for putting businesses over the consumer.
@ Glenn campell
Do you really think anything about this story is going to significantly change once she has a conversation with HEB’s claims and/or risk management teams? If a lawyer wanted to use something against her, surely they could just read this post. In that case, the interview wouldn’t even be necessary now would it?
Most everyone is spot on about the liability issue. No matter the good intentions of the retailer (and HEB has a very good reputation for customer service…I often miss shopping at HEB because we don’t have them here) every employee in these situations is striclty advised not to admit anything that could be remotely construed as being “at fault.”
Is this really this place for this sort of cry baby rant? Nothing unusual here. A customer probably spills something on the floor without alerting a employee then another customer comes around the corner and falls. Employees do their job and follow company protocol and then customer gets a hair up her butt because she was embarrassed and wasn’t “apologized to”. Toughen up. If you need medical care, I’m sure Central Market will pay regardless if they apologize to you or not.
As our Police captain has said before, you should be responsible for your own actions. Central Market should sue you for pulling employees from other jobs they had to take care of you. I think they should sue Frontburner for publishing this. I’m thinking of suing because I’m not doing my job while I submit this comment. That is lost revenue to my company and me. I think we should sue Tim Rogers since he has promoted this type of attitude at Frontburner for many years. I think we should sue Eric Celeste for not being at D Magazine anymore and working for the DA. I’m sure President Bush is responsible somehow also. Feel better?
Okay, commenters, maybe an apology is out of the question. But does kindness also admit liability? Would the offer of a chair to sit in while I waited be an admission of guilt? Would the offer of a wet rag to help clean the oil from my clothing and feet be an admission of guilt? Would an offer to help me re-gather my groceries be an admission of guilt? Or would that just be considered good customer service? Please enlighten me, smart people.
Ahhhh, boohoo. You slipped and fell. Now go cry about it on your big blog. Come on! This is why I am never coming back to frontburner again. These aren’t stories. This is a cry for attention. Why don’t you get in shape and maybe you’ll be able to catch yourself next time!
“They will check the footage and if it shows the oil on the floor for a long period of time, will likely edit out the video down to the 30 seconds before your fall. ”
sorry but that would be considered spoilation of evidence. plaintiff’s counsel is entitled to more than a snippet.
Quit whining, and get an atty………. Of course they’re not going to apologize, or offer much assistance. That’s the way things are these days. Little peeps need to be smart, and get an equalizer aka, LAWYER, on their side. Make them pay for not keeping the floors clean. At least get your knee checked out if it continues to bother you, so you can clean up on their dime, at a later date. No one is going to stop shopping there because you fell, and they were rude to you. Call Loncar.
@Ryan: You won’t be missed.
Ryan, Good to know that folks who are in shape never slip or fall from stepping in a puddle of oil. One more reason to keep working out. Who knew?!!!!!!
Rhonda, I TOLD you not to post this. This really is not a story. I, too, am never coming back to FrontBurner again. [drops and begins doing pushups]
Rhonda…Some of these posts remind me that the Central Market employees you dealt with are not the only rude people in this world.
Ah I had a very similar experience at an HEB in Waco a few years ago. I slipped on a puddle of ice, and while a few customers asked if I was ok, not one employee even looked me in the eye. I didn’t have enough energy at the time to speak up, but 2 years later I STILL have knee problems.. and this makes me wish I would have said something even more.
Rhonda, I’m sorry you fell and are black and blue. I hope you are back on the mend soon.
That’s it! I’m not getting out of bed again, until war is over.
My few cents (not that they really matter):
1. I’m sorry you were hurt while shopping at Central Market.
2. I’m not sure if Frontburner is an appropriate venue for your complaint, but I do believe you have a valid complaint.
3. Please get your leg checked out by a doctor. Knee injuries have a way of haunting you later in life if not properly healed and rehabilitated.
4. Fake slip & fall scam artists are a huge problem for grocery stores and they have to take special precautions when an incident occurs.
5. The employees at Central Market have always been extremely nice to myself and other customers when I visit the store. Please understand that I’m sure the employees would have expressed some sympathy if they were allowed by the corporate attorneys.
6. Once again, I’m sorry for the pain and frustration you must feel. (I have no business or financial interest in H.E.B. Stores, but I was a manager at a Winn Dixie grocery store many years ago. Having to act uncaring to anyone that is hurt was the worst part of the job.)
The real sad problem is, and my beliefs are cemented by all the comments here is that EVERYONE on both sides has immediately jumped into the liability issues. Rhonda, you should immediately seek care and find out what damage is done to your leg by a doctor. Period. Worry about the bills later and/or leave that to an attorney.
Sigh…
Ah but did you try the Hatch chiles while you were there? They were damn good and worth falling down for. Especially the risotto.
You may be a claim jumper on whoever set up the slip in the oil fall. Now they have to change locations and “looks” since they are on the video.
Amen, JB.
And Rhonda, quit taking aspirin. Take ibuprofen and ice it. Aspirin is an anticoagulant, and will only make the bruising worse. If you can elevate it, do that.
But definitely get it checked out at a doctor. That stuff can come back to haunt you later if you don’t have it looked at early.
Ryan, wait!
Still think this would have not been an issue if Adam McGill was still at D.
“I would estimate that it was 8 inches in length and 3 inches in width”
Hehehehehehe!
Michael T: Because he used to run ahead of Rhonda, cleaning up spills?
Perhaps all you people who are not sympathetic to Rhonda can rent a used church bus with Ryan and see if the brakes work on a corkscrew road usually traveled by burros in the Grand Canyon. Be nice to have you out of Dallas. You probably don’t signal when you turn, don’t hold the door for people, tip lousy and spread STDs.
I don’t think an “I’m sorry” was really the whole point, was it? Okay, so they can’t legally make an apology. Big deal. I think it boils down to kindness from one human being to another. I mean, would it have been illegal to say “I hate to see you hurt. What can I do to help you?” That probably would have been a decent replacement for an apology, right? If someone fell down in my house, and I didn’t want to take responsibility, I would certainly still be kind. I wouldn’t smile and say “you’re an idiot for wearing flip-flops in a grocery store. Sorry your day sucks for being clumsy and slipping in your own puddle.”
Gawwd. This thread is hysterical. Let’s all talk about a time when someone was mean to us or didn’t exhibit enough compassion and kindness to us. @Human Being and Rhonda —GET OVER IT. You fell, you bruised and nobody rushed to your aid. Not really a big deal.
Kindness can change the world. It’s important enough to discuss.
For those reply’s that state an apology is an admission of guilt in a lawsuit is absolutely and completely erroneous. Any statement provided by a defendant is considered an admission, but not an admission of guilt. A plaintiff still has to prove that Central Market knew or should have known of the spill, which is almost always impossible. As far as that video tape goes, well half the time it disappears after an incident. Bottom line is, Central Market should have apologized and at least asked if you wanted your dinner comped. And, if you are not hurt, then don’t go get an attorney, but if you are then you should seek legal advice. Most stores have insurance coverage that will pay up to $10,000 in medical bills for an injured person regardless of fault.
Damn! I still can’t get out of bed!
Seriously, could somebody stop war and stuff? Preferably with human kindness, but if it takes an H-bomb, so be it, because I’ve really gotta pee over here.
@ Human Being
Your approach would also decrease a lot of litigation. People would be less inclined to file a lawsuit against the other “party involved” if there were more compassion.
Late to this hate party. BUT here are a few thoughts:
1)Central Market prides itself on customer satisfaction. They have a “foodies” stationed all over their stores to ask if you need any help locating Himalayan sea salt or fresh fin fish. Why wouldn’t they file an accident report? Or follow through with a phone call.
2)I was at at Texas Rangers game and a guy slipped on the stairs by my seat. A staffer was on site within ten seconds. They took him up behind the seats and asked him a bunch of questions, took his deets, etc. During the game, the staffer went back to check on the dude at least 3 times. Everybody around us noted the kindness.
3) As we have seen in this thread today, kindness is absent. Yes, Rhonda is my friend and co-worker and I would defend her with my what is left of my life, but CM missed the “big sell” by not acting kind. If the first or second person to the scene had been thoughtful, even offered to dry clean her clothes, Rhonda would have been impressed and inclined to recommend CM to those of us who shop in flip flops year round.
4) I feel Rhonda’s post about her experience was way more relevant than Steve Blow’s column about the Wyly’s spending time in Aspen.
(Flip flops. That woman’s response just chaps my sass. What if some gal in those honker high heels had gone flittin through that oil while talking on her cell? She’d have BP’s lawyers handling that spill.)
Central Market needs to read Danny Meyer’s book “Setting the Table”.
I get the disappointment that Rhonda is feeling. The “flip flops?” remark felt insensitive and unkind. This I get.
However, I also understand what it is like to be someone working at a store where they are told, time and time again, to NOT ever say: “I’m sorry”.
Welcome to hyper-litigious America.
Is it fun? No. Is it right? Not always. Is it the way that it is? Yes.
Sure – it is not a guaranteed admission to say “I’m sorry” but they are TOLD that it is and to NEVER say it.
You cannot apologise and, sometimes, they’re told to not offer anything as that can be misconstrued as admission by “offering settlement”… even in napkin form.
Not everyone is an attorney so they are going by what they are trained to believe and that is what they respond with.
The whole thing made for a bad day. I get it.
Also, I don’t recommend aspirin. You’ll bruise more.
Ibuprophen (anti-inflammatory) is the way to go.
I have a problem with people feeling they’re entitled to something. I slipped and fell so I should get free groceries, or I slipped and fell so I should get some $$ out of this. Give me a break! These are the same people who expect free food when a restaurant goofs up on an order…
Given the number of posters who said “get an attorney” or referenced suing (3 out of the first 4 posts alone), it is no wonder they might have a “do not apologize” policy.
That place sucked bad to work for. While I don’t condone their behavior, I know what they’re thinking. Why should I do anything to defend or stand up for this crappy store? Mind you, you deserved some common freaking courtesy for your general well-being. But you’re being handled by people who have simply stopped caring. Jobs that suck the very life out of you will do that.
I read this post yesterday and was thinking about it as I shopped in CM today. What a fantastic store. We are incredibly lucky to have it. Everyone who visits me from out of town is insanely jealous after shopping there.
I just do not understand why you didn’t call back the store to speak to the General Manager. And if you still weren’t satisfied, why you didn’t call the corporate offices of HEB? Give them a chance to explain and make things right instead of berating the whole store and publicly embarrassing an employee.
If you didn’t get a response you think you deserved after contacting management, then a blog post might have been warranted.
One of our co-corkers was involved in a car wreck yesterday and the lady really blamed it on her flip-flop getting caught and it caused her to be unable to break. I am not defending these people. Just thought it was coincidental.
my wife fell in 7-11,she was awarded 15,000,had they simply came out from behind the counter and showed some compassion we would never have sued…….other people in the store broght her ice etc…….so they deserve what they got…….