QUESTION
I was injured walking through King Soopers when I slipped on yogurt that had apparently fallen off the shelf and blew open. I shattered my toe and had to have total reconstruction. I sent four different letters over a period of many months after it first happened to King Soopers but never even got a phone call or letter. This happened in September of 2010. I know that is a long time ago but I never thought it would be this bad and I had many more pressing issues to deal with at the time. One was cancerous cells that were found and had to be treated immediatly. I know it has been a long time but King Soopers will not even respond. Is there anything I can do? I am worried as I cannot afford the medical bills that have accumulated since this accident. I am scared because I did not contact someone other than King's right away. I thought it just may have been hurt but not to this extent. Please let me know what I can do if anything at this point. The pain is unbearable as I just had the surgery to repair my foot on Tuesday the 12th of April. Thank you very much
Asked on Apr 16th, 2011 on Personal Injury - Colorado
More details to this question:
I was injured walking through King Soopers when I slipped on yogurt that had apparently fallen off the shelf and blew open. I shattered my toe and had to have total reconstruction. I sent four different letters over a period of many months after it first happened to King Soopers but never even got a phone call or letter. This happened in September of 2010. I know that is a long time ago but I never thought it would be this bad and I had many more pressing issues to deal with at the time. One was cancerous cells that were found and had to be treated immediatly. I know it has been a long time but King Soopers will not even respond. Is there anything I can do? I am worried as I cannot afford the medical bills that have accumulated since this accident. I am scared because I did not contact someone other than King's right away. I thought it just may have been hurt but not to this extent. Please let me know what I can do if anything at this point. The pain is unbearable as I just had the surgery to repair my foot on Tuesday the 12th of April.
Thank you very much
1 ANSWER
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This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered. When a slip and fall accident occurs because of a known condition, such as a leaking water line of which management is aware, then there is a better argument to be made concerning landowner liability. And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident.
It is difficult to determine how strong your claim may be given the little information you provide as to the precise circumstances of the fall. The claim will be trong if you can show that King Soopers staff knew of the dangerous condition and failed to clean up the yogurt.
Please keep in mind that there is a two year statute of limitations for premise liability claims in Colorado, you must bring suit within two years of the accident or lose your right to do so. Other time limitations may apply. I hope you enjoy a full recovery.
Answered on Sep 09th, 2011 at 1:55 PM