QUESTION
What should I do after slipping and falling at a national chain store? How?
Asked on Jun 01st, 2015 on Personal Injury - Utah
More details to this question:
I slipped on a significant amount of water at a local, national super store. The puddle was near a display of packaged water for sale. I fell very hard and damaged my foot, neck, and back. I filled out an accident report but I have not sought medical attention yet, but am thinking about it. Could I potentially have a case? What should I do from here?
12 ANSWERS
Thomas Edward Gates
Because you have not sought or received any medical treatment yet, you have minimize your potential claim. In addition, you must prove that the owner was negligent. You admitted to seeing the large puddle, so why did you not avoid it?
Answered on Jul 16th, 2015 at 8:59 PM
Lisa Hurtado McDonnell
If you think of suing for personal injury you have to be injured and that is measured by the medical care costs and loss of wages. I don't know how you can be thinking of suing without already seeking medical care of the injury.
Answered on Jul 16th, 2015 at 8:59 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you are inured, get medical attention. You should do so not for the sake of a potential claim, but because you are hurt. If you are not injured, then just shake it off and be done with it, don't try to get medical attention for the sake of intending to build a claim out of it.
Answered on Jul 16th, 2015 at 8:59 PM
Ronald A. Steinberg
If you have not gone to the doctor within a week of the accident, your case is worth garbage. If you were injured, you would have gone for treatment. At this point, you are just trying to build a case. Beside that, under Michigan law, you have the burden of proving 1) that they knew or should have known that the water was there, and 2) that you could not see it (not that you just didn't see it.)
Answered on Jul 16th, 2015 at 8:59 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You would potentially have a case, but you would have as stronger one if you had seen a doctor immediately after the accident, perhaps in an E.R. If there was a lot of water on the floor, the store could argue that you were negligent about looking after yourself, since you should have seen the water and avoided t. This reduces your damages. It's not clear how much time has passed since the accident. If it was very recent, you may not know the extent or permanency of your injuries Apart from seeing a doctor right away, also contact an experienced personal injury lawyer. Good Luck.
Answered on Jul 16th, 2015 at 8:59 PM
James Eugene Hasser
It sounds like you have done everything you need to do except go to the Dr. if you need to. The store would be liable only if you could show they knew or should have known the water was there and they failed to clean it up or guard or warn against it. Good luck.
Answered on Jul 16th, 2015 at 8:59 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You will need proof like a photo or the name of a non-friend or family witness. Even then, they will blame you for not watching. Unless you broke something, a strain sprain injury will not interest a contingency fee attorney. Too much risk and work to justify a contingency fee arrangement and an hourly fee would be a non-starter.
Answered on Jul 16th, 2015 at 8:59 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Hire an attorney immediately. You need the store to preserve the video footage.You should seek medical attention immediately. If you prove liability, then you will have a good claim against the super store. Keep in mind that stores do not settle cases without a fight.
Answered on Jul 16th, 2015 at 8:59 PM
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 the question of fault.
Answered on Jul 16th, 2015 at 8:59 PM
If it has been a week or two and you still have symptoms, go to your Dr. to see what is wrong. With no medical bills, they are not likely to offer you very much at all. Take some photos of the spot where you fell and showing the water bottles. Contact the store to see what they are willing to do and before doing anything else go to some local personal injury attorneys to see what they think. They will probably tell you that with soft tissue injuries only, the case is too small for them to handle except to maybe charge a flat fee for a settlement demand letter.
Answered on Jul 16th, 2015 at 8:59 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Contact a personal injury to discuss whether you have a good premises liability (slip and fall) injury case. Do not try to do anything on the potential case yourself as you do not know what you are doing and will cause more harm than good. Get care for your injuries immediately.
Answered on Jul 16th, 2015 at 8:59 PM
Immediately seek treatment, follow doctor's orders, then contact an injury attorney in your area.
Answered on Jul 16th, 2015 at 8:59 PM