An incident report was not done. She so has a back issue which has been aggravated by this. She is worried that the back will be worse because of this. Fall. There were no signs up when she slipped in the mopped floor.
You have all of the elements of a potential personal injury claim. Ordinarily when an establishment knows of a hazard in their premises, they have a duty to warn their invitees, for instance by posting a "wet floor" sign. If they didn't do this, that will probably be sufficient to show negligence. Your wife has suffered an injury due to their negligence, in that her back condition has been aggravated. The only missing piece of the puzzle is whether she suffered any damages from the injury. Surely there is pain and suffering, but since she was already in pain it may be hard to quantify that. If she has sought medical treatment, then the cost of the medical treatment can be recovered and usually something more to account for the pain and suffering. She will almost certainly need an expert witness to prove that the slip and fall injury caused more damage to her back than what already existed. This can be tricky with preexisting injuries, but it can be done.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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