QUESTION
Can I sue a gas station if I fell on their property?
Asked on Sep 16th, 2013 on Personal Injury - Michigan
More details to this question:
I went to a gas station and they have a piece of the sidewalk in front of the store painted yellow and it’s a little slanted. When I started to walk on it I slipped forward like I was doing a spit and then need up falling on my knees and I scratched my wrist. So my knees are sore. There was no sign saying that it slippery. It was wet and it had salt on it but I didn't know that it was wet until I fell. When I went into the gas station, the woman that was working there took a accident report and told me that they are in the process of getting it fixed. Shouldn't they have a sign of either have it blocked off? I don't have any broken bones or anything I just have a scratch and I'm a little sore but do I have a case?
8 ANSWERS
Ronald A. Steinberg
Under Michigan law you would get tossed out of court. You weren't paying attention for your own safety.
Answered on Sep 30th, 2013 at 2:19 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They are probably liable for whatever damages you suffered. If you did not need medical treatment, it is probably not worth filing a claim. If you got medical treatment, but need no followup treatment, they would likely be liable for your medical bill, but there would be little in the way of pain and suffering.
Answered on Sep 18th, 2013 at 9:03 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Fixed? It was painted yellow meaning caution in the real world and you have a scratch? Forget it and get on with your life.
Answered on Sep 18th, 2013 at 4:26 AM
James Eugene Hasser
You could, but it doesn't sound like your injuries are bad enough to pursue it in court. You might try settling with their insurance company for whatever you think is fair and reasonable. Good luck.
Answered on Sep 18th, 2013 at 4:24 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Setting aside whether the station has liability, if your injuries are not significant, the cost of bringing a case will make it so that it is not economical for an attorney to take the case as costs run into the thousands of dollars and you are compensated, if there is liability, based on the nature and extent of your actual injuries.
Answered on Sep 18th, 2013 at 3:22 AM
Thomas Edward Gates
The gas station gave adequate warning of the raised sidewalk. Your injuries do not rise to a level to sue or even file a claim.
Answered on Sep 18th, 2013 at 3:22 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You might have something to go on but I think it's a tough sell. Here's why: they had that portion of the sidewalk painted yellow. Yellow is a warning to be cautious. You state they had salt on it, that suggests it was winter and the salt was there to melt ice or snow. If I am right about that, you know full well that sidewalks get wet in the winter, even if it is not snowing at the time. In fact, if you were walking from the public sidewalk or the driveway of the gas station, that was probably wet too. What you do have going for you is that they said they were in the process of getting it fixed. That indicates that they knew there was a problem with it. Find out if they have a medical payments provision of their general comprehensive liability insurance policy. It's not required, but if they have such a provision, that will pay for your medical expenses whether it is their fault or not.
Answered on Sep 18th, 2013 at 3:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a possible case but have defined minimal damages, which is all you can recover. I would not waste your time.
Answered on Sep 18th, 2013 at 3:07 AM