QUESTION

What are my chances of winning a slip and fall case if I have no severe injuries that I know of yet?

Asked on Nov 18th, 2013 on Personal Injury - California
More details to this question:
I slipped and fell on spilled milk inside a grocery store. I hit my knee and arm really hard but nothing broke. I haven't gone to the doctor yet but my arm and knee still hurt. I don't know what to do because I've never been in any incident like this. Can you please help?
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9 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Lawsuits are for serious injuries, not petty ones. And why weren't you looking where you were going? that is the first question the insurance co will ask you.
Answered on Nov 22nd, 2013 at 5:47 PM

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James Eugene Hasser
For the store to be liable in Alabama, you have to prove that the spilled milk was not open and obvious and that the store knew or should have known it was there and failed to clean it up, guard against it or warn about it.
Answered on Nov 20th, 2013 at 8:06 PM

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Not very good, these are tough cases to win and with little injury the likelihood of finding a lawyer to assist you isn't very good.
Answered on Nov 20th, 2013 at 8:05 PM

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Ronald A. Steinberg
Under Michigan law, you have the burden of proving that 1) there was a defect, and 2) that the store knew of it, or that it existed for a long enough time that they should have known of it, and 3) that they had an opportunity to fix it but failed to do so, and 4) that they failed to warn you about it, and 5) that you could not discover it for yourself before you fell. If you fail to prove any one of those 5 things, you will lose.
Answered on Nov 20th, 2013 at 7:48 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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First, you would have to prove the store was negligent. If the milk was there for 15 minutes, it is probably negligent. If it just happened, then probably not. Second, you have to have injuries to be compensated for. Did you go to the doctor? If not, you probably don't have a case. However, you might write a letter to the grocery store, tell it what happened and see if it might be willing to pay you something for good will.
Answered on Nov 20th, 2013 at 7:48 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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In Florida, merely because you fell in a grocery store does not make them liable; in order to prevail in a claim against the store, the store (through its employees) has to be negligent. In other words, simply because there is milk on the floor does not make them liable. The milk could have been spilled by another patron just a few minutes before you slipped and fell in it, and in that case, what could the store have done to prevent it? If you can prove that the milk had been down on the floor for a long period of time (i.e., cart tracks through the milk) then you can argue that the store employees should have noticed it and cleaned it up. If you can't prove how long the milk had been on the floor, or that it was a store employee who spilled the milk, then you probably will not be able to make a recovery. The extent of the injuries are not dispositive of whether you can prevail in making a claim, just what the claim is worth if you can prove the store or its employees were negligent.
Answered on Nov 20th, 2013 at 7:47 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally no harm, no foul. You have a low value case, if any at all.
Answered on Nov 20th, 2013 at 7:46 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault.
Answered on Nov 20th, 2013 at 7:35 PM

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Edwin K. Niles
It is your burden to prove that the store had prior knowledge and failed to clean up. It is also your burden to watch where you walk. You have a tough case.
Answered on Nov 20th, 2013 at 7:34 PM

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