If I slipped and fell inside a store, are they liable?

Question

Okay it started at work, I was throwing the trash out and fell on the ramp on my left knee, not really too much of an injury. Then I went home and changed clothes, then went to store to play my numbers and slipped on some water they had on the floor. My knee was badly damaged to where I had surgery because the knee went to the side of leg. The manger on duty had the nerve to put the rug down with a caution sign up after I fell.

Ronald A. Steinberg · Answer

If you are lawfully on the property of another, the property owner owes you a duty to provide reasonably safe premises.  If they violated that duty, you can sue.  Generally speaking, the burden is on you to prove 1) that they owed you the duty of safe premises, 2) that they knew or reasonably should have known of the defect before you came on the scene in enough time to fix it, and 3) that you could not discover the defect for yourself before you fell.  If you cannot prove any one of those things, then under Michigan law, you lose.

James Eugene Hasser · Answer

They very well may be since it appears a rug and sign were necessary. Consider consulting an experienced personal injury lawyer. Good luck.

Paul Whitfield · Answer

Slip and falls not well thought of. You were already hurt before you got there. How will you or your dr explain the discrepancy? You may have a case but it will be difficult to get correct treatment.

Mark T. Peters · Answer

Maybe.  It depends on how long the water was there.

Arman Moheban · Answer

It seems that you have two incidents one at work and one at a store involving different parties.

Georges Shers · Answer

If you can prove that there was water on the floor and they should have known about it, then you would have a good case. The insurance carrier for the store will probably argue that the fall at work was what caused the problem [Workers' Compensation claim] and their was not adequate notice. Your case is worth enough that you should be able to get an attorney to represent you on a percentage fee basis.

Thomas Edward Gates · Answer

The store is only negligent if they had knowledge of the water and failed to do anything about it.  Sounds like they did not have prior knowledge.

Edwin K. Niles · Answer

Store is liable only if you can prove that they put the water there or that they had sufficient prior notice.  Then you face the question of comparative negligence. .

David Stoddard · Answer

If you can show that store employees either spilled the water on the floor or knew the water was on the floor and did nothing about it (as the manager prudently did after it came to his attention if he did not already know it).

Edward Nitkewicz · Answer

They are responsible if we can prove they caused the water to be there or had notice the water was there and failed to clean it.

D. Kendall Perkins · Answer

Sounds like the store where you fell has just impliedly admitted that there was a hazardous condition, which resulted in your injury. Hopefully, you were able to document in some way what was done by the store, like a photo or something. At least witnesses who could testify about the tacit admission. The store's insurer will not be happy about the store's reaction.

Andrew Velonis · Answer

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 either that the store employees put the water there (such as mopping with excessive water) or that it was there for a long enough time that they should have noticed it and cleaned it up.  You can't use the after-the-fact action against them. The earlier fall should not matter much.  I always advise to get a lawyer in your area, and particularly in your situation: the store's insurance company is not going to take you seriously without a lawyer in the picture.  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 .

James Kelaher · Answer

You need to hire a well-respected personal injury attorney, not just anybody you see on television. When you call, ask them if they are board certified in civil trial law. If they are not, keep calling. Check out their web site and see if they are board certified and how many years they have been in practice. If they are not board certified, keep looking.

J. Michael End · Answer

Proving your case may be harder than you think.  The store owes you a duty to keep the store in as safe a condition as it reasonably can be maintained.  However, you must be able to prove either that the store was responsible for the  water on the floor, or that the store personnel knew or should have known about the water and failed to clean it up.  That sometimes can be tricky. I suggest you contact a lawyer who represents people in personal injury cases to determine whether the lawyer can help you with your potential case.  The statute of limitations in Wisconsin is three years from the date of the injury.  That means that a case must be filed within that time period or you will no longer be able to file a case.

William M Stoddard · Answer

I presume you have reported the on the job injury so you can get treatment?? That is the reason your knee was more easily hurt was because of that on the job injury.? As to the fall at the store, it might be liable, but I warn you that over 70% of slip and fall cases are fought by the insurance industry.? They do not believe their insureds are at fault.? Of the cases which do to trial, about 50% result in no recovery.? These are the facts.? Contact a personal injury attorney to review the facts.? They work on a contingency fee basis, not recovery, no fee and if recovery it is percentage, normally 35%.? Based on your injury and the facts, you may be told you have a case, but it is not worth presenting in suit because of the costs.? Of course, you can always present it yourself and 30% of the time you will be offered something more than your bills to be repaid.

Burton Padove · Answer

Sounds like they may be liable, depending on prior notice, actual or implied that there was a dangerous condition.  You should contact an attorney.

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If I slipped and fell inside a store, are they liable?

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