QUESTION
What is the store's responsibility if I slipped and fell?
Asked on Jun 07th, 2011 on Personal Injury - Oregon
More details to this question:
I was at an electronics store and someone had spilled water on the white tile floor which I did not see, I then slipped and fell. I reported it right after it happened and then went to the Doctor to get checked out. Nothing is broken. The store said they would pay for the doctor bill. However, I am still in a ton of pain. When this happened it seemed like they tried to bribe me by offering me a soda/snack to and let me sit down then leave. Should I see an Attorney to file a law suit?
17 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jul 11th, 2013 at 10:41 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Generally, slip and fall type injuries can be difficult to pursue and the ability to recover from the store will depend on numerous factors. I would recommend going to your family physician if you are still in pain and then call an attorney to set up a meeting to discuss all of your questions and concerns in person. I wish you the best of luck with your case. Thank you.
Answered on Nov 06th, 2012 at 11:17 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Yes, you should discuss with a lawyer.
Answered on Jun 10th, 2011 at 8:48 AM
Sam Louis Levine
Please call an attorney in your area so that you can provide more detail. Good luck!
Answered on Jun 09th, 2011 at 9:14 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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The store is not automatically at fault, it is up to you to show that the water had been there long enough that the store either knew about it or should have known about it. If you can prove that, then you could pursue a claim against them.
Answered on Jun 09th, 2011 at 9:02 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In NC you have to prove the company knew or should have known of the water. If you cant prove that you have no case. That is why lawyers judges and juries (and insurance companies) don't like slip and fall cases. If you cant prove knowledge by the company take your med pay or whatever you can get and get on with your life. Always see a PI lawyer about such things. Don't try to take out your own appendix or try your own lawsuits.
Answered on Jun 09th, 2011 at 8:46 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Slip and falls are difficult cases, but you may have a valid suit. It depends on how long the spilled water was on the floor. See an attorney right away to ask if they will contact the store and ask them to preserve the video surveillance and to obtain the cleaning records which most stores maintain for these types of claims. Their insurer will likely have a med-pay policy that will cover your medical expenses regardless of any fault on their part. You or your attorney can confirm the existence of med-pay and if you need physical therapy or chiropractic treatment, it should be covered up to the limit of their med-pay, which is usually $5000 or $10,000. Ask and they should disclose the limit.
Answered on Jun 08th, 2011 at 4:43 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The store is probably not liable. You would have to show that the store either put the water on the floor, or that they knew about the water and failed to do anything about it. I doubt they were trying to bribe you, they were probably just being nice. You might consult an attorney for another opinion, but I would accept their offer of paying your bills.
Answered on Jun 08th, 2011 at 3:19 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Despite the fact that it seems obvious the store should compensate you, it is not always the case. You should continue to go to the doctor and monitor your injuries. Assuming you have no broken bones and nothing that requires surgery, it probably is not a bad idea to have them pay your medical bills and call it even. While not very complex legally, these cases can be very difficult for claimants to win due to a number of factors.
Answered on Jun 08th, 2011 at 2:59 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, you need to prove that the store had actual notice of the water and failed to timely clean it up, or they had constructive notice, which means it had been on the floor long enough so that they should have cleaned it up in the exercise of due care. If you can't prove either of those, then you would be in good shape if they pay for all of your doctor's bills, but I think they'll say they will but ultimately won't pay all of your bills, which will drive you to an attorney in the end anyway.
Answered on Jun 08th, 2011 at 2:59 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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In most jurisdictions, it depends upon how long the liquid is on the floor. If someone spilled it, and the store did not have the opportunity to find out about it and clean it up, then they are not liable. The person who spilled is, but usually their identity is unknown, and they don't have insurance to cover the loss. If it had been there for over a day, then they should have cleaned it up, and they are liable.
Answered on Jun 08th, 2011 at 2:57 PM
Slip and Falls can be difficult cases as even though there was some water on the floor it may not be negligence on the part of the store as it is not possible to always see what a customer has done by spilling some water on the floor. However the store probably has premise liability insurance that should pay for medical bills regardless of fault but do not always pay additional for pain and suffering. If you are still in pain you should probably seek some physical therapy to help resolve your symptoms.
Answered on Jun 08th, 2011 at 2:07 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Assume Oregon law applies: Unless they had prior knowledge of the water on the floor, the land owner is not a guarantor of your safety, so it is unlikely you have a viable claim. From your facts, it was clear water on a white floor, which was evidently virtually invisible. The store employees are not required to walk around looking for wet spots. The law in Oregon generally favors the landowner.
Answered on Jun 08th, 2011 at 1:52 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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It's an issue of notice. If the store was not on notice (in other words, they were not aware of the spill), then you might have a very tough time. Offering you a drink is not bribery. Paying your bills is reasonable. You don't necessarily have much of a case that a competent lawyer wants to handle.
Answered on Jun 08th, 2011 at 12:14 PM
Slip and fall injury claims are an essential part of any accident attorney's law practice. The laws and rules governing slip and fall cases vary from state to state. It is important to know where your accident happened in order to provide you with useful information. In Virginia, slip and fall cases require that the plaintiff prove notice of the condition before the accident or that the owner should have been aware of the condition based on the length of time the condition was present. In our firm website, there are several pages discussing the legal requirements for this type of accident. I am also happy to discuss your case if you want to give me a call. Good Luck.
Answered on Jun 08th, 2011 at 12:04 PM
You should certainly see a lawyer to discuss your claim. Whether or not you have a claim worth pursuing will depend on how long the water was present on the floor before you slipped in it, whether there was any warning about the condition, what your injuries are, and what other damages you have suffered.
Answered on Jun 08th, 2011 at 11:50 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Premise liability cases are very difficult. The store has a responsibility to respond to the hazard in a reasonable way within a reasonable time. If the water was spilled 2 minutes beforehand and there is no way an employee could have known of the hazard then the store is likely not liable for your injury. If it was spilled 2 hours before and employees walked by the hazard without cleaning it, then they are being unreasonable and the store is liable. I suspect your circumstances fall somewhere in between, as do most cases. It they are agreeing to pay for your Dr. bills they may have accepted liability and they should pay you for your pain and suffering as well. However, some business owners carry a no fault insurance policy up to a certain amount for situations just like this, so they may not be accepting liability, but rather submitting it under this clause of their policy. The short answer is that you should talk to an attorney. The attorney can ask you all the right questions and give you a fair assessment of your case. He or she can also contact the business and find out if they are accepting liability and then advise you on the best course of action. Good luck.
Answered on Jun 08th, 2011 at 11:20 AM