QUESTION
Can I sue for personal injury after I slipped inside a restaurant ?
Asked on Feb 23rd, 2014 on Personal Injury - Missouri
More details to this question:
I slipped inside a restaurant bathroom. The floor was just then cleaned and there is no caution of slippery floor/wet floor. I couldn't even get up on my hands as it was too slippery (soap) and fell twice again trying to get up. I was taken to hospital immediately and got a report that my rib has a hair line fracture. The owner talked to me and apologized. He did not talk about any type of compensation. What kind of justice can I expect in my case?
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 Feb 27th, 2014 at 8:56 AM
Thomas Edward Gates
While you can sue, your outcome will be less than it will cost you to sue. File a claim for your medical bills. Possibly free meals.
Answered on Feb 26th, 2014 at 6:05 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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"Just then cleaned" before or after? Makes a huge difference. If you are saying that the floor had been cleaned just before you fell, then you probably have a case. Get a lawyer, the restaurant's insurance carrier will not take you seriously without one. The owner did absolutely the right thing: just last week, we had someone who was upset that the restaurant management seemed not to care about his predicament. It would have been highly inappropriate for the owner to talk about any type of compensation. Good news/bad news: good news is that a hairline fracture of a rib is not a big deal on the scale of things. Bad news is that minor injuries get minor compensation. You still need a lawyer.
Answered on Feb 26th, 2014 at 5:59 PM
James Eugene Hasser
It sounds like you probably have a claim, depending on whether the wet floor was open and obvious. If you decide to sue, look for an experienced injury lawyer familiar with premises liability cases. Good luck.
Answered on Feb 26th, 2014 at 5:59 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't over dramatize the case.you seem to have a claim and you need to see a PI lawyer. you wont get a lot for a cracked rib, but you should get your medicals and a little for what is called pain and suffering we don't get paid for drama. We get paid if we get paid for actual damage and actual dollar loss.
Answered on Feb 26th, 2014 at 5:58 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Failure to warn of a known condition gives you the right to sue. The type of justice you get will depend on a variety of factors.
Answered on Feb 26th, 2014 at 5:53 PM