QUESTION

Do I have a case if I slipped and fell on a racquetball court floor in a puddle of bacteria laden liquid?

Asked on Feb 13th, 2014 on Personal Injury - New York
More details to this question:
On July 14, 2013 I slipped and fell on a racquetball court floor in a puddle of bacteria laden liquid. When my family first signed up at the health studio the manager assured me that all I was signing the electronic keypad for was to authorize an electronic funds transfer. Come to find out my signature was forged on a contract without my knowledge. I was not provided with a copy of this contract and did not know of its existence until December 2013. I was denied my 3 day cool off period and was unable to read their preposterous liability waiver in which case I would have canceled the contract immediately if I knew it existed.
Report Abuse

5 ANSWERS

You should consult an attorney. To properly evaluate the case, an attorney would need to read the contract, including that liability waiver, and to question you, in detail, about the circumstances of your alleged execution of that contract. Another necessary line of inquiry is the circumstances of your injury: it is quite possible that the liability waiver does not apply even if it is valid. The extent of your damages and the reasons you are bringing this issue up now, 8 months after the injury, also need to be examined. In sum, a general discussion on an open forum is not a right manner to address your problem. If you wish to pursue your legal rights in this matter, the gym's insurer will have an attorney looking after its interests; and so should you.
Answered on Feb 24th, 2014 at 7:42 PM

Report Abuse
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 20th, 2014 at 1:44 PM

Report Abuse
James Eugene Hasser
Consult a premises liability lawyer. He or she will have to get more info on the facts of the accident and read the waiver.
Answered on Feb 18th, 2014 at 10:37 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
I doubt it, you need to get past all the emotion and claims of forgery and sit quietly with a knowledgeable attorney. Why would you go on a floor if it had a puddle of water on the court. if it was open and obvious you don't have a claim. And how do you know it was laden with bacteria unless you have had a chemist analyze it cool the rhetoric and get some good advice based on facts.
Answered on Feb 18th, 2014 at 2:27 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
All property owners have a duty to keep their property in a reasonably safe condition. In order to pursue a claim, you would have to show that the property owner knew of the hazardous condition, or should have known of it, or that it created the condition. I can't figure out what bacteria laden liquid has to do with electronic funds transfer or contract forgery.
Answered on Feb 18th, 2014 at 2:18 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters