QUESTION

Do you think I can get restitution for my agony?

Asked on Sep 26th, 2013 on Personal Injury - Florida
More details to this question:
I slipped and fell on a stairway, there was something wet on the steps, but when I fell, my clothes absorbed the wet spot. There was a witness there at the time I fell. I went to the emergency room, thank god, nothing was broken however I did suffer some muscle and nerve damage and am in a lot of pain, I have more doctorโ€™s appointments to attend.
Report Abuse

8 ANSWERS

Ronald A. Steinberg
What was the substance? Who put it there? How long was it there? If you can't answer those questions, you do not have a proveable case.
Answered on Oct 01st, 2013 at 9:32 AM

Report Abuse
Edwin K. Niles
Can you prove who made the step wet? If so, you may have a claim.
Answered on Sep 27th, 2013 at 4:22 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Why is it that if you fall on my property you think I owe you something. I do not, you have to prove that the reason you fell was the fault of someone else. They were negligent not that there was water (which you cant prove) but there was something offensive there, they knew it or had a reasonable chance to know it, and failed to do anything (see how hard this is?) Then you have to prove damages. You also have to prove you were very careful and did nothing careless yourself.
Answered on Sep 27th, 2013 at 1:10 PM

Report Abuse
James Eugene Hasser
Without knowing what you slipped on, I think you have an uphill battle. You have to know what it was and who put it there or allowed it to be there when they knew or should have known it was there. You don't seem to have that info.
Answered on Sep 27th, 2013 at 12:54 PM

Report Abuse
Thomas Edward Gates
It need to prove the business negligent. If they were unaware of the wet spot, they are not negligent. Also, you matter is to small for an attorney to take. You can request they pay your medical costs and, if they refuse you can take them to small claims.
Answered on Sep 27th, 2013 at 10:45 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
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 either created the hazardous condition or else 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 what it was that you slipped on and come up with evidence either that the store employees put it there (such as mopping the floor with excessive water) or that it was there for a long enough time that they should have noticed it and cleaned it up. There is another possibility: some business owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault.
Answered on Sep 27th, 2013 at 10:34 AM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
You can get restitution for the medical bills if you prove negligence, although it is likely the insurer will be more than happy to pay to get rid of the case. If your bills are less than $5,000, you will probably be lucky to get $500-1000 for pain and suffering.
Answered on Sep 27th, 2013 at 10:24 AM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
Merely because the stairs were wet does not make the landowner responsible; you have to prove they were negligent, by either allowing a situation to exist which made the steps wet (i.e., a leaking ceiling) or they knew the steps were wet and didn't timely take corrective steps to either warn patrons of the water or clean the liquid up. If someone who was walking down (or up) the stairs just a few minutes ahead of you spilled their drink, that landowner wouldn't be responsible under that factual scenario, but the burden is on you to prove how the water had gotten there or how long it had been there.
Answered on Sep 27th, 2013 at 10:04 AM

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