QUESTION
Do I have a case against the store and what are my rights?
Asked on Jun 03rd, 2013 on Personal Injury - Michigan
More details to this question:
On June 1st, it was raining, I walked into a retail store. The entrance way had ceramic tile floor there were no rugs or signs. I slipped and fell on my right arm. It is all bruised also my buttocks is brused and my back. I filled out a report with the store and they said somebody would contact me.
10 ANSWERS
Ronald A. Steinberg
Did you slip because of water on the tile that was there when you got there, or did you track it in? All the difference in the world. I do not think your case has much merit, but of course, you could always get a second opinion.
Answered on Jun 06th, 2013 at 1:46 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is always: was anyone negligent? Is it negligent to own the store? Do you think you get paid because you fall somewhere? Where did you get that idea?
Answered on Jun 06th, 2013 at 1:46 AM
John Hone
In Michigan, premises cases are difficult to recover on. Handle it at the adjuster level, and see if they will pay. The defense will be open and obvious, and that you fell on the water that you tracked in. However, their insurance policy may have a medical rider in it, wherein they will pay your medical bills regardless of fault.
Answered on Jun 06th, 2013 at 1:46 AM
James Eugene Hasser
Not unless you can prove the ceramic tile floor was a hidden hazard that the store failed to warn or guard you against or was in disrepair and they failed to repair it. If they have a premises liability policy that has a medical payments provision, they may pay the medical bills only. Good luck.
Answered on Jun 06th, 2013 at 1:46 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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The question is whether the store owner (premises) is liable for negligence or not. The Supreme Court of CA said that the premises owner has a general duty of care in Rowland v. Christian (1968) 69 Cal. 2d 108.
Answered on Jun 06th, 2013 at 1:45 AM
Thomas Edward Gates
What are you expecting? Your injuries were minor and you did not require medical treatment. Since it was raining and you knew that the floor could be slippery, you should have been careful walking on the tile.
Answered on Jun 06th, 2013 at 1:45 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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At the minimum take photographs of the bruising each day to show the progression. You may have a valid slip and fall case. You can try to negotiate a settlement on your own, or retain an attorney to assist you.
Answered on Jun 06th, 2013 at 1:44 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Yes you have a case, but slip & falls are one of the most difficult cases to pursue. make sure that you are treating with a doctor who is documenting your injuries. In addition take a lot of pictures of your bruising.
Answered on Jun 06th, 2013 at 1:43 AM
Kirk David Miller
The business owner has a duty to use reasonable care and an affirmative duty to discover dangerous conditions on the premises. That standard of care only extends to the areas where the business owners encourage customers to go and what the business owners encourage customers to do, however. If you believe that the dangerous condition that caused your fall should have been discovered by the business and remedied, and they failed to do so, then you may have a viable cause of action. Stay in contact with the business. They may want to resolve this with you short of litigation.
Answered on Jun 04th, 2013 at 10:42 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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I have answered this kind of question many, many times on Law Q&A. I would suggest a review of all attorney answers to Michigan slip and fall cases. The short answer is you probably do not have a case, or that any such case is very tough and will likely be vigorously defended by use of the "open & obvious" doctrine. Although the general rule in Michigan is that premises owners have a duty to maintain a safe premises, they do not have such a duty as it relates to open & obvious conditions. Therefore, unless the condition was not open & obvious, or unless it meets an exception to the defense/lack of duty, there is no case. As I've stated many, many times, the best course is to consult with local Michigan counsel that regularly handles premises liability cases for a free consultation regarding all of your specific facts.
Answered on Jun 04th, 2013 at 10:23 PM