Slipped in a supermarket: claiming compensation after a fall

23 September 2026

Arslan Advocaten

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Slipped in a supermarket: claiming compensation after a fall

A wet floor, spilled yoghurt or a box in the aisle can lead to a hard fall in a split second. You break your wrist, sprain your ankle or are left with back pain. Then the question arises of who pays the costs and whether the supermarket is liable.

Nederlands: Lees dit artikel in het Nederlands: Uitgegleden in de supermarkt en schadevergoeding na een val

Türkçe: Bu makaleyi Türkçe okuyun: Süpermarkette kayıp düşme ve düşüş sonrası tazminat

Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the practice area register of the Netherlands Bar for employment law and personal injury. Last updated: 17 September 2026.

If you have slipped in a supermarket, you are not automatically entitled to compensation. It has to be established what caused the fall and whether the shop fell short in its duty to provide a safe environment. The circumstances immediately before and after the incident are particularly important. That information can disappear quickly once the floor is cleaned or camera footage is overwritten.

In brief

A supermarket is not automatically liable if you fall: the decisive question is whether it should reasonably have taken precautions.
The court weighs the Kelderluik (cellar hatch) criteria: the likelihood of inattention, the likelihood of an accident, the seriousness of the consequences and how burdensome the precautions would be.
Ask straight away for the incident form, have what was on the floor recorded and ask for the camera footage to be preserved.
A warning sign only helps the shop if it was visible, put up in time and in the right place.
If the floor itself was defective, a separate ground applies: liability for defective buildings (opstal) of the business user.

In this article you will read what evidence you can gather, how to report an incident and which heads of damage may be relevant. We also discuss the difference between a dangerous situation, a defect in the floor and an accident for which nobody is legally liable.

What you can do immediately after the fall

First take care of your health and safety. Ask for help if you are in pain or cannot get up properly. Have your symptoms medically assessed where necessary and explain how the fall happened. Do not try to gather extensive evidence yourself at the expense of your health.

If it is safe to do so, take photographs of the spot and the possible cause. Otherwise ask someone present to do this. Record both the details and the surroundings: the liquid, the aisle, the lighting, any warnings and the position of obstacles. A photograph of your injury alone does not show what made you fall.

Report the incident to a member of staff and ask for the name or job title of the contact person. Note the date, time and branch. Keep a till receipt or other information that supports your presence. A calm, factual first record is often more valuable than immediately arguing about who is to blame.

When is the supermarket liable

A shop must take account of foreseeable risks to visitors. Whether sufficient precautions were taken depends on the circumstances. Relevant factors may include how likely it is that customers will not pay proper attention, how great the risk of an accident is, how serious the consequences may be and how burdensome precautions are.

A supermarket cannot prevent every new hazard instantly. A liquid spilled by another customer just before you arrived may be assessed differently from a leak that had been known about for a long time. The question is what inspection, warning or clean-up could reasonably be expected in the specific situation.

That is why a fall in itself is not sufficient proof of fault. You must show as specifically as possible what dangerous situation existed and why the shop may be responsible for it. The supermarket can then explain its inspections, its knowledge of the hazard and the precautions it took.

Spilled liquid and inspection policy

If you slipped on liquid, it is important to investigate the nature, location and probable duration of the contamination. Was it water at the entrance, a leaking refrigeration unit or a broken product? Were there signs that customers had already walked through it? Such facts can give direction to the investigation.

Ask about the inspection and cleaning policy for the spot concerned. A general protocol does not in itself show what was actually carried out that day. Conversely, the absence of a visible cleaning log does not automatically prove that no inspections were ever made. Specific records and statements must be assessed together.

Describe your observations carefully. If you do not know how long the liquid had been there, do not write that it had been there for hours. Note what you actually saw or what a witness has personally stated. A reliable description remains stronger than a firm assumption that cannot be substantiated later.

Warning signs and cordons

A warning sign may be relevant, but it does not automatically exclude liability. Its placement, visibility and clarity are important. A sign at the start of a different aisle may not sufficiently warn a customer of a slippery patch behind a shelf.

It must also be considered whether a warning was enough, or whether the hazard could easily have been removed or cordoned off. Serious slipperiness that is hard to see may call for different measures than a limited, temporary situation. The assessment concerns how effective the measure was in the specific circumstances.

So photograph the position of the sign in relation to the place where you fell. Note whether the sign was already there before the fall or was only put up afterwards. That distinction may later be important. If you did not see this yourself, ask who can say something about it, and do not record certainty that you do not have.

A defect in the floor is a different question

Sometimes the fall is not caused by spilled products but by a loose tile, a damaged floor or another feature of the building. In that case, alongside an assessment of careless conduct, liability for a defective building (opstal) may also be at issue. That route has its own conditions.

Not every wet floor is automatically a defective building. Temporary contamination and a structural defect must be distinguished. The question of which party can legally be held liable may also differ. The shop operator and the possessor of the premises are not necessarily the same person.

So take photographs of any damage and the immediate surroundings. Describe whether it was a difference in level, loose floor covering or, for example, a defective component. Your legal representative can then investigate which ground for liability and which opposing party fit the facts.

Obstacles while shelves are being stocked

Boxes, roll cages and packaging material can pose a risk, especially when customers find it hard to get past or the obstacle is difficult to see. At the same time, work in a shop is part of everyday practice. The legal question is how the work was organised and what precautions were reasonable.

Record where the obstacle was, how much space was left to pass and whether staff were supervising. Low, inconspicuous packaging may have a different effect from a clearly visible, cordoned-off roll cage. How busy it was, the layout of the shelf and the walking route may also be relevant.

Describe your own movement as precisely as possible. Were you walking forwards, did you turn around or did you have to step aside? This helps to understand how the accident happened. A claim does not become stronger by leaving out your own position. The full picture is needed to assess liability and any contributory negligence carefully.

Checking the incident form

Ask whether the shop drew up an incident form and request a copy. Check whether the date, time, location, symptoms and course of events have been recorded correctly. A brief description such as ‘customer fell’ may miss important information about the cause.

Do not sign a factually incorrect statement just to end the conversation quickly. You can ask for a correction or add in writing what you believe happened. Keep the tone businesslike and distinguish between observations and suspicions. An incident report is not a full legal assessment.

If you do not receive a copy, send an email yourself with your factual description and ask for confirmation. Keep that correspondence. A shop employee who offers help or apologises does not necessarily accept legal liability by doing so. Do record such remarks accurately, without giving them more meaning than has been established.

Having camera footage preserved quickly

Camera footage can show the fall, its cause and earlier events. Retention periods are not the same everywhere and footage may be overwritten automatically. So ask as soon as possible for the relevant footage to be preserved, specifying a clear time period and location.

A request for preservation is something different from an unlimited right to receive all the footage. The privacy of other people and the applicable rules may affect access or disclosure. A targeted approach through the shop, the insurer or, if necessary, legal proceedings may be required.

Keep your request and the response. Do not ask only for the exact moment of the fall, but explain why a relevant period before and after it may matter. A reasonable time frame helps, for example to show when a liquid appeared or when a warning was put up.

Example of a request to preserve evidence

You can inform a shop in writing: ‘On [date] at around [time] I fell at [precise location in the branch]. According to my observation, [factual description]. I ask you to preserve the relevant camera footage for [defined period], so that it is not overwritten in the usual routine.’

Add which other documents may be relevant, such as the incident form and inspection or cleaning records for that spot. Ask for written confirmation that the request has been received and of which information has been preserved. Keep the request focused on the incident and avoid unnecessary personal data of others.

This example is intended to request the preservation of evidence. It is not automatically a full notice of liability or a legally valid interruption of the limitation period for every possible claim. Have those legal steps assessed separately, especially if liability is denied or a deadline may be approaching.

Witnesses and other supporting information

Ask witnesses whether they are willing to give their contact details and briefly describe what they themselves saw. A witness does not need to have seen the whole fall to have relevant information. Someone may, for example, have noticed that liquid was already on the floor earlier or that a member of staff had been alerted.

Have statements recorded in the witnesses’ own words. An identical standard text for several witnesses may raise questions about their independence. Also note when the statement was made and how the person remembers the situation. Avoid filling in missing details.

Other documents can support your presence and the consequences, such as a till receipt, a report to your employer or medical records. Not all of them prove the cause of the fall, but together they can form a timeline. Keep the original files and make a secure copy of photographs and messages.

Which personal injury damage can be compensated

Once liability has been established, reasonable damage connected with the fall can be considered. Think of medical costs not reimbursed elsewhere, travel for treatment, help at home and loss of income. Damaged personal belongings may also be relevant. Each head of damage requires appropriate substantiation.

Compensation for pain and suffering (smartengeld) concerns the non-financial consequences, such as pain and loss of enjoyment of life. It is a separate element from the reimbursement of costs or lost income. There is no fixed amount for every fall in a supermarket or every broken wrist. The severity, duration and consequences of the injury all play a role.

Where there are permanent limitations, future damage must also be investigated. A final settlement straight after the fall may be premature while recovery and return to work are still uncertain. Discuss what information is missing and whether an advance payment on sufficiently substantiated damage is possible.

Your own conduct and previous complaints

The shop may argue that you could have seen the hazard or were not paying enough attention. That does not automatically mean the claim lapses. It must be assessed which circumstances can be attributed to you and what they mean for how the damage is apportioned.

Previous complaints may also be relevant to the consequences of the fall. An existing ankle limitation does not in itself rule out new or aggravated damage. However, the difference before and after the incident must be investigated. Describe how you functioned previously honestly and keep relevant medical information.

Do not let liability, contributory negligence and medical causation become mixed up. Whether the shop acted carelessly is a different question from which complaints were caused by the fall. Dealing with these topics clearly prevents one general defence from clouding the entire file.

Fictitious example of a fall at a refrigerated display

A customer slips at a refrigerated display and breaks a wrist. Another shopper states that there had been water on the floor earlier and that she had reported this to a member of staff. Photographs are taken of the spot and the customer asks on the same day for the camera footage and the incident form to be preserved.

The shop then explains which inspections were carried out and investigates whether there was a leak. The assessment depends on the facts established, including the earlier report and the precautions taken. The fracture or the presence of water alone does not determine the outcome.

This example is fictitious and contains no guarantee of liability or compensation. It shows why preserving evidence in good time is important. Without photographs, statements and information about inspections, a later debate may consist mainly of conflicting recollections of a situation that has long since been cleaned up.

Correctly identifying the branch and the business

A supermarket may operate under a well-known brand while the branch is run by a separate business owner. So in addition to the brand name, note the address and the details on the till receipt or correspondence. That information helps you to approach the right party.

If your report is passed on, ask who is handling the file and on behalf of which business. Keep the file number and the acknowledgement of receipt. A message to a general customer service department does not necessarily make clear which legal entity has received your claim.

If the cause may lie with the building or with work carried out by a third party, further investigation into the parties involved may be needed. Do not try to determine that allocation solely on the basis of the shop’s name. Your legal representative can link the factual situation to the possible grounds for liability, so that requests for evidence and formal letters reach the relevant addressees.

The legal test for a fall in a shop

Two legal bases may apply side by side, each with a different burden of proof:

Article 6:162 of the Dutch Civil Code (BW) (creating a hazard) the main route for spilled liquid, a wet floor or an obstacle. In the Kelderluik judgment (Supreme Court 5 November 1965, ECLI:NL:HR:1965:AB7079) the Supreme Court set out the criteria: the degree of likelihood that a visitor will not pay attention, the chance that an accident will result, the seriousness of the possible consequences and how burdensome the safety measures to be taken would be. See our explanation of the Kelderluik judgment.
Article 6:174 of the Dutch Civil Code (buildings) if the floor itself was defective, for example a loose tile, a broken threshold or a structurally slippery finish, strict liability applies; no fault then needs to be proven.
Article 6:181 of the Dutch Civil Code if the premises are used in the course of a business, liability for the building shifts to the person running that business (in other words the supermarket, not the landlord of the premises). Paragraph 1 contains an exception that often comes into play with buildings: the shift does not apply if the occurrence of the damage is not connected with the conduct of the business. If, for example, there is a structural defect in the premises unrelated to running the shop, liability may remain with the owner. With a slippery floor caused by a spilled product, that connection will usually exist. If in doubt, hold both parties liable.
Article 6:101 of the Dutch Civil Code contributory negligence may be taken into account, for example with unsuitable footwear or ignoring a clear cordon; in injury cases the fairness correction can limit that reduction again.
Article 6:96 of the Dutch Civil Code and Article 6:106 of the Dutch Civil Code the basis for compensation of costs, loss of income and compensation for pain and suffering.

The articles have been checked on wetten.overheid.nl. A general cleaning protocol does not prove what happened that day; ask for the specific inspection records for that period.

Frequently asked questions about falls in a supermarket

Is the supermarket always liable if I fall?

No. The cause, the hazard and the precautions that could reasonably have been taken must be investigated. An accident can also happen without any legally culpable failure. So gather specific information about the situation.

Is a warning sign always sufficient?

No. It depends on visibility, placement and the type of hazard. Sometimes other measures are needed. Record where the sign was and whether it was already there before the fall.

Who pays for my medical treatment?

Follow the usual arrangements with your healthcare provider and insurer. Keep a record of your own costs for the damages claim. A possible liability case does not mean that every bill will be paid directly by the supermarket.

Can I receive compensation for pain and suffering for a broken wrist?

If the legal requirements are met, compensation for pain and suffering can form part of the claim. The amount depends on your specific injury and its consequences. There is no automatic fixed rate for a broken wrist.

What if the insurer rejects the claim?

Ask for a reasoned rejection and assess which facts or documents are missing. A targeted addition may be worthwhile. Your legal representative can investigate whether further negotiation or an appropriate legal step is needed.

How do I ask for camera footage to be preserved?

As soon as possible, send a written request to the branch and to the head office to preserve the footage for the relevant period in connection with a personal injury claim. State the date, time and exact location in the shop. Footage is often overwritten within a few weeks. Note the difference: you are asking for preservation, which is not the same as a right to a copy of all the footage. The privacy of other shoppers plays a role, and access or disclosure follows a separate route. You will usually not receive the footage yourself, but preservation makes later access through a legal route possible.

What if I have no photos or witnesses?

Your claim is not hopeless, but it is more difficult. Still report the incident in writing, and ask for the incident form and the cleaning and inspection records for that moment. Your own consistent statement, medical records from the same day and the shop’s records may together be sufficient. Do not wait too long.

Whom do I hold liable: the branch or the group?

Find out which legal entity operates the shop; many branches are independent businesses operating under a national brand. This can be seen in the Trade Register (handelsregister). Address the notice of liability to that legal entity, with a copy to the head office. A letter addressed only to the brand may cause delay.

Having your supermarket fall assessed

A good claim starts with a clear account of what happened and evidence preserved in time. Note the location, ask for the incident form and have relevant footage preserved. After that, keep track of your symptoms, costs and the consequences for your work and daily life.

Arslan Advocaten can assess your personal injury case and investigate which party may be liable. You can present your situation via the contact page. Bring photographs, correspondence with the shop and any available medical information.