QUESTION
Can we sue the store where my husband fell and broke his wrist?
Asked on Dec 20th, 2012 on Personal Injury - New York
More details to this question:
We were out shopping at the drug store. There was a wet floor sign all the way down at the other end of the isle but the whole floor was wet. My husband slipped and fell, which broke his wrist. He didn't think it was broken at first. Do we have a case?
15 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Not very strong.
Answered on Jun 21st, 2013 at 12:50 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You may have a decent case. Hopefully you took pictures. It sounds like there should have been a sign on both ends of the aisle.
Answered on Jun 21st, 2013 at 12:44 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you may pursue the claim against the store. There are several things that must be considered to determine the likelihood of recovery.
Answered on Jan 08th, 2013 at 3:49 AM
Ronald A. Steinberg
No. The store was reasonable, by putting out a sign.
Answered on Dec 24th, 2012 at 4:40 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Yes you can sue the store. You have four years.
Answered on Dec 23rd, 2012 at 7:39 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. But no case is a slam-dunk. A judge or jury would have to believe that the store had a duty to put up signs at both ends of the aisle. Perhaps they should have done. It would be good to see a personal injury lawyer to help you with this case.
Answered on Dec 23rd, 2012 at 7:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Slip and fall cases are not popular. If there was a sign and your husband saw it and still slipped the insurance carrier will claim he was partly at fault.
Answered on Dec 21st, 2012 at 5:23 PM
It sounds like you do, in fact have a personal injury claim.Did you file an incident report with the store? Was the ambulance called or did you drive directly to the hospital?
Answered on Dec 21st, 2012 at 1:35 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You should consult a local personal injury attorney. You likely have a premises liability case against the store.
Answered on Dec 21st, 2012 at 12:10 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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To establish a premises liability claim you must be able to establish that the store permitted a dangerous condition to exist that they either knew about or should have known about. In this instance, obviously they knew about it by virtue of having placed the sign at the end of the aisle. The question is how long is the aisle and should they have placed another sign at your end of the aisle. Depending on the retailer, some have a good customer relations policy and will attempt to make it right by offering to pay your medical bills and a modest amount for general damages or the pain and suffering associated with your husband's injury. Until he has the treatment for his broken wrist and it returns to pre-accident status, he is not really in a position to evaluate what his claim is worth. He has two years post the incident to file suit and once he has completed his care he needs to get copies of the records and bills and submit them to the carrier with a demand to settle. However, I would at least send a letter to the carrier for the store, and if you didn't get that information call the store and talk to the manager and explain what happened and if a report was prepared at the time they should be willing to provide the contact information for their liability carrier.
Answered on Dec 21st, 2012 at 12:10 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can, but liability is not clear. It is a simple question of whether the court will conclude that putting the one sign out was adequate warning, or whether the store was negligent.
Answered on Dec 21st, 2012 at 12:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have a case, but the amount in question may not be worth the trouble of suing. First thing you do is make a written demand on the store to pay for his medical bills and pain and suffering. Assuming that he does not lose any range of motion for the wrist, you might get another 5,000 - 10,000 dollars over and above the medical bills, maybe less. You hire an attorney and he or she will take 25 - 33.3% of the total.
Answered on Dec 21st, 2012 at 12:09 PM
Probably, particularly since the sign was only at one end of the aisle. Do you know why the floor was wet? Did you report it at the time? Did you send a letter asking the store to keep the security tapes?
Answered on Dec 21st, 2012 at 12:08 PM
You may if negligence can be attributable to the store owner. First, you may want to consult with a plaintiff's personal injury or accident lawyer for specific legal advice and direction.
Answered on Dec 21st, 2012 at 12:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is a boarderline case. On the one hand, there was a sign, on the other hand, it was not in the right place and perhaps there should have been more than one. See if you can get a lawyer in your area to take this matter on. Don't try to do it yourself, you will not succeed without a lawyer.
Answered on Dec 21st, 2012 at 12:06 PM