QUESTION
Do I have a personal injury lawsuit if I fell down in a store?
Asked on Sep 24th, 2011 on Personal Injury - Florida
More details to this question:
I fell down at a local store when I stepped on a clothing hanger lying on the floor. I slipped to my left side landing on my hip. Not being one that runs to an attorney I now regret it as pain has not gone away. To make matters worse I was recovering from a fall I had at work when I fell from a ladder, workman's compensation took care of that. Can anything be done at this point in time? I know I just can't walk in store and tell my story even though they could still have me on camera. Could there be time for an attorney to handle things?
15 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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How long has it been? There are strict time limits in personal injury cases in Michigan.
Answered on Jun 20th, 2013 at 12:17 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You probably have waited too long to effectively prove the fall caused new permanent injury.
Answered on Oct 28th, 2011 at 1:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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3 year statute of limitation. You will have to prove that the store knew of ought to have known of the hanger, not just that you fell. That may be hard to prove, You did not say anything about Doctor's Bills. if you are hurt, go to the doctor. No one will believe you when you say you are hurt. The doctor must say it.
Answered on Sep 27th, 2011 at 7:43 PM
You may still have a claim filed or a lawsuit initiated if the statute of limitation has not expired.
Answered on Sep 27th, 2011 at 5:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to make a claim against a property owner including stores, parking lots, apartments, etc, the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it and failed to take action. So you would have to prove that the owner of the store knew of the clothes hangar on the floor, had time to have someone pick it up and did not do so. You don't state how long ago this took place, so there is no telling if it is too late to do anything. Could be there was a video and that it is still around, but maybe not. It would also be helpful if someone remembers you falling. More investigation is needed and you have nothing to lose.
Answered on Sep 27th, 2011 at 5:04 PM
You do not say how long ago this happened. You also imply that you did not report the fall. An experienced injury attorney may be able to help, but do not be surprised if the decision is that there are too many facts against you. Virginia is a tough state for slip and fall cases.
Answered on Sep 27th, 2011 at 11:37 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have three years to sue but your case would be very tough. Maybe unwinable because you can't prove who dropped the hanger or how ling it was there.
Answered on Sep 27th, 2011 at 10:25 AM
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The answer to your questions depends upon several things, including how long ago this happened, what type of store it is, whether they have had prior incidents with hangers on floors, whether they had knowledge of the hanger on the floor and failed to pick it up, etc. You should contact a lawyer as soon as possible, someone who handles personal injury and slip and fall cases, to investigate the incident.
Answered on Sep 27th, 2011 at 9:36 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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Yes you do; however the difficulty will be proving that that store knew or should have known that the clothing hanger was lying on the floor. Also, you need to be aware that unless you seriously injured your hip, i.e. surgery, other than a bruise or a hip pointer, you may not recover anything or it'll be difficult to find an attorney who would take your case. Also, the insurance company may try to argue that the injuries sustained are partially pre-existing due to your fall off of the ladder. Good luck,
Answered on Sep 27th, 2011 at 9:28 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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How long ago did this happen? The statute of limitations is 2 years in Georgia for personal injury actions. If you still are within the 2 years hire a personal injury lawyer immediately!
Answered on Sep 27th, 2011 at 9:28 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitations for simple negligence like that is 4 years....consult with an attorney if you are still within that time frame. You would have to prove that the coat hanger had been on the floor long enough for them to have noticed it and picked it up....
Answered on Sep 27th, 2011 at 9:08 AM
If the slip and fall occurred less than three years ago, you are within the statute of limitations, the time allotted post-discovery of injury in which to file a claim. You should try to secure any witnesses you can as the surveillance videos are generally not kept for long. There may be issues about how the hangar got on the floor, how long it had been there, whether or not the store knew or should have known it was there, etc. A personal injury attorney can go over these matters with you.
Answered on Sep 27th, 2011 at 9:03 AM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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You may have a claim against the store, but you will have to demonstrate that the store was negligent. You will likely have to demonstrate that it was either a store employee that left it there, or that the store was on (or should have been on) notice that a hanger was on the floor. Speak to an attorney in your area that has experience with 'premises liability' claims.
Answered on Sep 27th, 2011 at 7:53 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You should discuss the fall at the store and the fall at work with anattorneythat handles these types of cases.
Answered on Sep 27th, 2011 at 7:52 AM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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Not knowing the time of the events you speak of, I cannot give you specific advise. However, I recommend you contact an Orlando Personal injury lawyer who can answer your specific questions. A store owner does have a responsibility to keep the store reasonably safe and the hanger being on the floor may not be a reasonably safe condition. Your attorney can advise you if you have other rights regarding your fall from the ladder. You should consult someone as soon as possible to protect your rights.
Answered on Sep 27th, 2011 at 7:52 AM