QUESTION
Do I have a case after I slip and fall and was diagnosed with a concussion and lower back contusion?
Asked on Apr 08th, 2014 on Personal Injury - Washington
More details to this question:
Early morning, I went to a fast food chain and grabbed a hot coffee, parfait and sausage burritos. I walk out the front door, take ten steps on their sidewalk and as I'm stepping down from the curb to cross the drive through. I slip on ice and hit my head on the curb right in front of their camera and a witness present. Hot coffee in my face, I fell so hard that even my glasses fell of my face. I had to lay there because I was dazed. They made an incident report and walked off with a severe headache and extreme lower back pain.
9 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 the question of fault.
Answered on Apr 15th, 2014 at 11:51 AM
Ronald A. Steinberg
Under Michigan law, you probably don't have a case.
Answered on Apr 14th, 2014 at 6:03 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are very lucky you weren't hurt worse. Whether the place was properly maintained and whether you were looking where you were going and taking care for your own safety are questions that need to be answered.
Answered on Apr 10th, 2014 at 11:33 AM
James Eugene Hasser
Just because you got hurt on their premises doesn't make the fast food chain liable. You would have to somehow show their negligence caused your injuries. If you can't do that, and they have premises liability policy with medical payments coverage, it may pay for your medical bills only.
Answered on Apr 10th, 2014 at 11:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You could engage an attorney to look into the incident and determine whether or not there was negligence, but if you are in Michigan things which are open and obvious, including ice, are generally going to be considered something that you should observe and adapt to
Answered on Apr 10th, 2014 at 11:32 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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If the area of the ice was on their property as opposed to public property you have a better claim as the business should deal with the ice in the area they own used by their paying customers.
Answered on Apr 10th, 2014 at 11:32 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. Slip and fall on ice is always a questionable proposition. See an experienced personal injury lawyer in your area.
Answered on Apr 10th, 2014 at 11:31 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Whether you had medical attention is a key factor in your case.
Answered on Apr 10th, 2014 at 11:31 AM
Thomas Edward Gates
It does not appear that the owner was negligent, hence, no basis for a case.
Answered on Apr 10th, 2014 at 11:31 AM