QUESTION
What do you think I should do because they first told me that they could not do anything because it was not in the store, but on the outside?
Asked on Feb 04th, 2014 on Personal Injury - Florida
More details to this question:
I missed the curb at the store before you get to the front door. I fell on my face and scratched up my face, cut my hands, and my tooth cut a big hole in my mouth. They did an incident report in the store and asked me did I need an ambulance. I told them no. Lately, I noticed my right arm have been hurting. Store has been calling me and writing me to see if I am OK. Matter of fact, they called me today. They asked me do I want to file a claim. I finally told them yes because I am left with an ugly scar on my hand and my arm is bothering me.
10 ANSWERS
Automobile Accidents Attorney serving Chatsworth, CA
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Family Law Support, ALC
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Was there anything wrong with the curb?
Answered on Feb 11th, 2014 at 9:16 AM
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answered on Feb 11th, 2014 at 9:14 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think you should file a claim. Chances are an insurance adjustor will call and want to settle. Make sure all of your meds are paid (you will have to pay the providers or reimburse your insurance company) and get something for your pain and suffering.
Answered on Feb 11th, 2014 at 9:12 AM
You should file a claim as it can not hurt you, but since you do not allege there was any defect in the curb and it probably was not under the control of the store, I do not see a basis for any liability. They are being very nice to you.
Answered on Feb 11th, 2014 at 9:12 AM
Thomas Edward Gates
You should file a claim. However, you missing the curb is unlikely their negligence unless you can identify what control they had to prevent the accident.
Answered on Feb 11th, 2014 at 9:11 AM
James Eugene Hasser
For the store to be liable, you will have to show they were negligent and you weren't. From your description, it doesn't sound like there is any liability, but you still may want to talk with an experienced personal injury lawyer familiar with premises liability law. Also, if the store has premises liability insurance, and the policy has a med pay provision, it will pay for your medical bills only, regardless of liability. You may want to check with the store on that.
Answered on Feb 11th, 2014 at 9:11 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Does not sound like a liability claim to me. you fell on your face through no fault of theirs. They may be called about medical payments and may be willing to pay your doctor. Why don't you talk to a PI lawyer and tell him everything.
Answered on Feb 11th, 2014 at 9:11 AM
Ronald A. Steinberg
Sounds to me like you weren't paying attention. You can win a case only if you can prove that it was the fault of the property owner.
Answered on Feb 10th, 2014 at 11:54 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Key phrase here: "I missed the curb". That gives rise to the question: A claim for what? Some businesses and property owners have what is called "med pay" which will cover medical bills up to a limited amount, regardless of legal liability. It is not required. They may be right that it only covers injuries occurring inside the store. But in turn, that could depend on whether the store owns the property, or leases it (which is more common) and in that case, they would have to look at the lease arrangements they have with the property owner.
Answered on Feb 10th, 2014 at 11:50 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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First of all, no one is responsible for your injuries unless they are negligent. You need to first ask yourself the question, was there something about the curb which was negligently designed or marked? If you don't believe so, then no one owes you anything. A lot of people are of the belief that if you are injured on someone's property, they are responsible, but that is not the law. Another legal entity may own the property outside of the store, so the store would not be liable under any circumstances if that is the case. If they are willing to pay for your medical bills, and you simply "missed the curb" and fell, then take their offer and chalk it up to experience. If you think there was something about the design of the curb or markings on the curb that didn't make the curb obvious enough to you, then go see a personal injury lawyer and get his or her opinion. Take pictures of where you fell and bring them with you to the lawyer's office.
Answered on Feb 10th, 2014 at 11:41 AM