QUESTION
Do I have a case if I fell at a store 3 years ago on some water on the floor?
Asked on Dec 16th, 2013 on Personal Injury - California
More details to this question:
I fell on my back hit my head on the concrete floor and blacked out for I don't know how long. For three long years, I am go to therapy and different tests. Now my attorney says that the store is not liable because a customer in front of me dropped the water so they were not liable. He say that is the law.
3 ANSWERS
Edwin K. Niles
Your lawyer is correct, unless the store had sufficient opportunity to mop it up. Two years statute of limitations in Ca.
Answered on Dec 19th, 2013 at 1:36 PM
If this occurred in California, you would have to had failed a lawsuit within two years of the incident. The store would be at fault if either it caused the water to be spilled or someone else caused the spill but the store did not clean it up within a reasonable period of time. The latter situation always is difficult to prove but many stores keep clean up logs that can be used to show whether they inspect the floors in reasonable time frames. You need to speak to your attorney again and get a detailed explanation from him as to why he does not wish to pursue the case.
Answered on Dec 19th, 2013 at 1:15 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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You have an attorney giving you advice, if you are seeking a second opinion don't you think the attorney giving you the second opinion should have the benefit of all of the same material as your current attorney ,and not be trying to answer an internet general question? I suggest you get a copy of your file and see another attorney.
Answered on Dec 17th, 2013 at 5:49 PM