QUESTION

Do I have a good slip and fall case?

Asked on Nov 29th, 2010 on Personal Injury - Florida
More details to this question:
I was walking through a local super store and slipped and fell on a significant amount of water. The puddle was located near a display of packaged water and I did not notice it resulting in a pretty bad fall, landing on my foot and hurting my neck and back. I did ask for help and filled out an accident report. I am still sore but have not sought medical attention. Do I have a case?
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2 ANSWERS

Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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You could possibly have a case but you need to prove either actual or constructive notice to the grocery store. Water is pretty difficult to prove the length of time it had been on the floor. Merely because the accident happened there does not mean the grocery store is responsible. You have to prove they either knew about the water (actual notice) and failed to promptly clean it up, or prove that they should have known about the water in the exercise of due care (constructive notice) and failed to clean it up or post warnings. If it was readily observable by a cashier, for example, that may be sufficient to at least get to a jury on the constructive notice issue. I am currently handling a case against a local grocery chain for water on the floor, but when they helped my client up off the floor, the employee apologized and said they should have done something about the leaking fountain. In that case, they had actual notice.
Answered on Nov 30th, 2010 at 5:28 AM

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Workers Compensation Attorney serving West Palm Beach, FL
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Yes. You need to see a doctor immediately so your injuries can be documented. You want to get an attorney to try to get copy of any videotape of the area before, during, and after the fall.
Answered on Nov 29th, 2010 at 7:58 PM

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