QUESTION
Do I have a good slip and fall case and why?
Asked on Sep 14th, 2015 on Personal Injury - Michigan
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?
9 ANSWERS
You have a case, but the question is its value. ?If you have not seen anyone for medical treatment, it probably does not have much value and most attorneys probably would not bother to handle it because they would not earn much in fees. Contact the store and see what they are willing to do.
Answered on Sep 15th, 2015 at 5:19 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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You should get medical care immediately. Since your foot, neck and back have been hurt from the fall you may have a case depending on the facts.
Answered on Sep 15th, 2015 at 2:54 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You amy have a cue depending on the type of floor, cleaning protocol and notice of the condition by the store for at least 30-45 minutes prior to the incident.
Answered on Sep 15th, 2015 at 1:09 AM
Ronald A. Steinberg
Not very good.
Answered on Sep 14th, 2015 at 8:00 PM
Edwin K. Niles
Slip and fall cases (or trip and fall) 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 hazard 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 Sep 14th, 2015 at 7:18 PM
James Eugene Hasser
It depends on whether the store knew or should have known the water was there and whether it was open and obvious to you that it was there. You don't have to go to the Dr. to have a claim, but the fact that you haven't makes me wonder if making a claim would be worth the time, effort and cost.
Answered on Sep 14th, 2015 at 6:33 PM
Lisa Hurtado McDonnell
Only if you seek medical attention and you have a injury.
Answered on Sep 14th, 2015 at 5:38 PM
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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Not much of one without medical treatment establishing your injuries. There may be liability-fault , but not much in the way of damages without medical treatment and medical proof of injuries, generally permanent in order for the claim to have much value.
Answered on Sep 14th, 2015 at 4:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Difficult to tell from what you related. Additionally you have not disclosed ant significant damages which would make the case worthy of significant investment.
Answered on Sep 14th, 2015 at 4:17 PM