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I slipped and fell at a grocery store...do I have a case?
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I slipped and fell at a grocery store...do I have a case?

I fell at a grocery store a few months ago in a puddle of water that I didn't see on the floor and that wasn't marked with a caution or wet floor sign. I fell and took it all on my knee, I have been to the doctors they said that I smashed all the cartlige in my knee and could of possibly torn a little bit. They have sent my to pt, but I am scarred to go. My knee is still causing me a lot of pain, do I have a case against the store? Please help, I am not sure what to do now.


    




dutchfam7
Think about it this way...if someone slipped on your property do you think they should sue you for money you don't have? The owner of the store I am sure is sorry for what happened but why try to get rich quick from this guy who is just trying to make a living. We all take risks walking out the door everyday. By you sueing you not only hurt his income but others because in order to pay you they will need to increase prices. So when you get that gallon of milk it may be a dollar more expensive. And that will be due to you for wanting to get rich quick. Talk to the manager about helping pay for the medical bills. If you are insured then let the health insurance pay for it and go about your merry way.


laceylu555
YES YOU DO!!!! get a lawyer... fast


4eyed zombie
You only have a case if you alerted the store manager immediately after falling. The puddle may have been known and the employees may have been in the process of cleaning it up and getting a sign when you slipped. Depending on what caused the leak and if you reported the slip to management will determine if you have a cause.

Call a lawyer, do what you want.

Yay lawsuit happy Americans! *eye roll*


marvin
Rating
Call a lawyer and any witnesses. Then go to Physical Therapy. They really know how to help with injuries


oregonmadisons
In the sue happy day and age we live in take all matters into fact.

Was the manager notified of the accedent when it happened?

Did they assist you in your injury that day?

Does your doctor feel you can not heal from this?

Have you followed through with your appointments and met all medical advise?

Have you contacted the store to notify them of your injury?

If it is state that can find them liable to the injury yes- you may have a case-
many will settle out of court cost

NOW how is it you slipped? was it their complete fault? be prepared to meet their atttorney too who will defend them - and caution you against a suit.


honiebyrd
I think you should check with an attorney. I hurt my knee many years ago during exercise. Heard it pop. Did not go to the doctor due to lack of insurance and funds. Used a broom stick to get around for several weeks. Honest. To this day I cannot put a lot of weight on that knee without it catching on me. Sometimes it is hard to get it to straighten out for a few minutes. You very well may have problems with it from now on.

My mother had surgery a few weeks ago due to torn knee cartilage from a fall. She is still hobbling around and will have to get 1-2 injections per year from now on.. The doctor told her that she could put some weight on it immediately after surgery but like I said she is still hobbling around and has reduced her work hours at the hotel as a maid.

Good luck.


da brat
talk to a lawyer,i think you have a case. take pictures of your injury.get documentation from the doctors. sorry that you got hurt!!


EllenCarter74
Rating
You can try, but it's a bit late to be doing that now. It'd of been best to somehow get in contact with the store ASAP. You don't have much proof since it's been 3 months ago & you never made a peep til now.


Jon
Rating
Yes you do, hire a lawyer so that you can persue it as soon as possible


Big Bear
If it was a couple of months ago, and you didn't seek legal advice, you're going to have a difficult time. But you should talk to a Personal Injury lawyer and find out anyway.


mks 7-15-02
I Would Talk To The Owner Or The Manager.And If The Put Up A Fight About It Just Say I Will See You In Court.


KAB :O)
Rating
Yes, contact an injury lawyer and tell them the situation. A friend of mine slipped in a store also and she collected!


Odessa R
Rating
see a lawyer


konala
Yes you do have a case. Have you told the store about your fall i will assume you did and that they know about it. Talk to a lawyer that has free consultation. Then it may be possible for you to deal with the store directly on your own. This is a common accident in stores and the suits don't carry much money value for the person suing, even less if you have a lawyer, in some cases the lawyer will receive more money than you.


?
Rating
consult with an attorney there usally at no charge for consultation


missyhardt
Rating
You may have had a case if you had gone to the store manager at the time of the incident, and filed a claim right away. Being that nothing has been done thus far, you would have a hard time proving that your injury happened the way you say.


.·:*¨♡ Mz Independent ♡¨*:·.
Rating
You most definitely do have a case. Consult a lawyer and be sure to see a physical therapist (that is the key). With any slip/fall case the statement of a doctor and physical therapist are what your judgment/settlement is based on. Do not miss any of your appointment and keep documentation of all your visits.
Granted it can take quite a while for the grocery store to settle with you, but the money that you will no doubt receive will be definitely worth it (especially since you have torn cartillage).
Your knee may never be the same, but your compensation will help you feel a little better :)


newmexicorealestateforms
Rating
I would give you the links on articles that the Bar has provided to the public answering your question but yahoo answers says that providing links with the proper answers to questions is spamming and they rather just have written answers from sources that are not qualified to provide such answers


maria f
Rating
you need to find a very good and trusty lawyer....and i think you do have but dont expect much out of it


TrofyWife
Rating
Yes,since there was no warning sign.
HAPPY SUING!!!


LSF
Rating
I have a friend who has worked security at a shopping mall for 27 years (yes, near retirement now). Anyway, they go through this all the time. According to laws here (California), you have a case if the puddle wasn't clearly marked. This mall has settled many possible claims by settling directly with the injured person, but a lawsuit is a definite possibility if you can prove negligence on the part of the store (a puddle of water that was not marked or cleaned up), AND you can prove your injury was the direct result of the fall. If you cannot prove both in a court of law, then you would have no case.

If someone witnessed your fall, and you can find them, it will greatly increase your chances of winning if they will testify (including a friend who happened to be with you at the time). If you shop the store often, and someone you don't know but would recognize again saw it happen, I'd suggest watching for them and ask if they would testify for you.

Don't know what else to tell you.

***EDIT*** These other replies didn't show up before I answered....they're right....find a personal injury attorney. The first consultation is almost always free.....


CandyApple
Hell yea honey go get you a lawyer fast before it's too late to file charges.


Lindsay
Rating
My mom slipped and fell in Kroger's and let's just say I'm not a millionaire.


sway_ii
Rating
Thank You for proving that our society is way litigous.

I dont understand why people cant see an accident as an accident.


Zelda
Rating
You would only have a case against the store IF THE STORE KNEW OR SHOULD HAVE KNOW about the water on the floor. If a baby potties on the floor and you slip in it (gross I know but...) how could the store possibly know there was a puddle that could be a potential damage. On the other hand, if there was a constant leak in the ceiling and it started to rain the would certainly know that spot was going to be hazardous. See where I am going...however, some attorneys will threaten to file suit on your behalf (you fault or not) and get you $500.00 or so. The store will pay a nuisance value to get rid of you.


Your_Star
Did you report it to the store? If you didnt then, you dont have a case. You should call your state bar and ask an attorney.


Jessica
Yes you have a case. Did you report the injury to the manager that same day? If it was a couple months ago and you just left without telling anyone it might be hard to pursue.


bill w
Rating
It's a bit late now, dontcha think?


snoogans
depends on how the puddle of water got there, abd did you report this right away, does the store also have this on file ?


zambranoray
Rating
the store is liable for all required medical care caused by this fall and pain and suffering. . . however, a report had to have been filed at the store during time of occurrence or have witnesses. Check to see is they have video tape of the event. Most stores do . . . just look at the ceiling for cameras or black globes throughout the place. Most likely if they do, and the video shows it was an accident, they may just erase it. and deny they were taping that day. But simply having the cameras and not having that particular tape would look kind of funny and may help your case. Hope you get well. . .good luck

P.S. As for being "SUE HAPPY" This is a term created by insurance companies. . .Premiums are paid because "ACCIDENTS" happen. . .sometimes it is not due to negligence and the "FAULT" can not be directed to any person doing anything wrong. This water may have seeped through from under a leaking freezer and at the time she slipped, no one was aware until the accident happened. No NEGLIGENCE, yet she received injuries where she should not have expected to receive any. (She was not mountain climbing or roller blading). This is what insurance is for, required by law to protect the costumers who shop there. Her medical insurance will ask if this was caused by a THIRD party and it was simply due to the fact in happened in that store, caused by someone/thing other than her doing, where she or any person would not naturally assume or expect it to happen. Even though it happens quite often in stores. Even placing signs cautioning people of WET FLOORS may not be enough if you still expect and allow people to walk in that area to purchase products . . . actually, that can prove negligence if the store knew the area was dangerous to walk on yet you allowed them to walk there so you can still get there business. How about a sign at the door "Shop at your own risk" does anyone believe this store will not require insurance as long as that sign is there? No way.


alm
if you need help please contact me, it happen to me also.....





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