QUESTION

Can I sue a store for our injury?

Asked on Jan 09th, 2014 on Personal Injury - Kentucky
More details to this question:
My wife walked into a store. It was raining there, was no Matt's down, no signs visible from outside and I fell with my 2 year old and hurt my ankle leg, bruised me and my daughter up. Now I have doctor bills and lost work time. Do I have a cadence there contacting us but acting like its nothing to them.
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6 ANSWERS

Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answered on Jan 16th, 2014 at 7:47 PM

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You could file an action, but you would have to prove that they knew or should have known of the dangerous condition that caused you to slip and fall.
Answered on Jan 15th, 2014 at 4:30 PM

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James Eugene Hasser
It depends on whether the store knew or should have known of the wet conditions and failed to eliminate, guard or warn you against it and whether the wet conditions were open and obvious to you.
Answered on Jan 13th, 2014 at 11:41 PM

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Submit your medical bills to them and your wage loss as well and see what they do. The track record with most stores is to submit the claim to their insurance company, and since your loss was a slip and fall case, the insurance company will claim that the store was not at fault. When that happens, hire an attorney.
Answered on Jan 13th, 2014 at 5:25 PM

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Ronald A. Steinberg
You have the burden of proving that they knew about the defect in advance so they could have prevented the accident. You do not have a case just because you fell there.
Answered on Jan 13th, 2014 at 5:22 PM

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Yes, you could sue, but there are many nuances to such a case.
Answered on Jan 13th, 2014 at 5:18 PM

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