QUESTION
If I slipped and fell on some water in a fast food store, are they liable for anything?
Asked on Jul 15th, 2013 on Personal Injury - California
More details to this question:
Last Wednesday, I slipped and fell on some water that was in front of the cash register. I cut my hand and have four rather large bruises on my left leg. I have another small bruise on my right knee. I asked for an "incident report form" from the kids at the restaurant but they did not have any and gave me a blank piece of paper to fill out. I also filed a complaint on the store's website. I received a call last Friday assuring me that the owner and their insurance company would call me. I thought I would hear something over the weekend but have not. I have also left 3 messages on the corporate answering machine. I woke up this morning with pain and stiffness in my leg in the area of the biggest bruise. I have not gone to the doctor because I cannot afford to be stuck with the bill.
9 ANSWERS
Ronald A. Steinberg
Only of they're legally at fault.
Answered on Jul 22nd, 2013 at 6:44 AM
You have an apparently valid claim but need to give them some time to respond. Try again in a few days and tell them that you need medical treatment but can not afford to pay for it on your own. You probably need to make some type of arrangement to get medical care as even if they accept liability they will not pay you anything until treatment is roughly done.? Normally, insurance companies do not pay for medical treatment as it continues but rather settle in one lump sum once the condition? of the injury is clear.
Answered on Jul 18th, 2013 at 2:55 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They are liable if their employee put the water on the floor, or if employees were aware of the water and did nothing about it.
Answered on Jul 17th, 2013 at 12:52 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan law indicates that a premises owner has a general duty to maintain a safe premises. However, such duty does not extend to open and obvious conditions, unless the condition was created by the person(s) in control of the premises. There are other exceptions to the open and obvious doctrine which are best discussed with local Michigan counsel that regularly handles premises cases. Also liability would require notice of a condition and a sufficient time post notice to have remedied the condition. Further, even when there is liability, a case is most often only economically viable if the damages are significant. Many stores have a medical pay coverage of a few thousand dollars that will usually pay uninsured/unreimbursed medical costs without regard to fault or duty.
Answered on Jul 16th, 2013 at 6:26 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You expect insurance co to call you over the weekend. You do not live in the real world. Sounds like you might have a small claim but you will get nowhere without medical testimony. If you are not hurt bad enough to see a doctor, then you are at the mercy of the insurance company. What do you expect to happen here?
Answered on Jul 16th, 2013 at 6:24 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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You may have a viable slip and fall case. Slip/trip and fall cases are notoriously difficult cases. They are very dependent upon the facts. Hence, more facts need to be provided.
Answered on Jul 16th, 2013 at 6:23 PM
James Eugene Hasser
You would have to show that the restaurant knew the water was there or that it had been there long enough that it should have known and that it failed to mop it up, warn or guard you against it to show liability. If you can't do that, the restaurant may have a medical payments provision in their premises liability policy that will pay for medical bills only.
Answered on Jul 16th, 2013 at 11:27 AM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
Slip and fall liability is premised on proving that the owner was aware of the hazard. You would have to show the water was there a long time, or was brought to their attention before you fell. hard to do. Given the small damages it is unlikely a lawyer would take the case
Answered on Jul 16th, 2013 at 10:46 AM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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The store is only responsible if they did something wrong (negligence) which caused the incident. For example, if they had time to clean up and failed to do so, or failed to properly perform inspections, or caused the water to exist on the floor then they are responsible.
Answered on Jul 16th, 2013 at 10:31 AM