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

Question

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.

Answer 1

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.

Answer 2

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.....

Answer 3

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 :)

Answer 4

The Occupier's Liability Act states that the landlord of the premises best has to do what's fair to make certain that any viewers to the premises don't come to any damage; it's not an absolute responsibility. Generally supermarkets have a 'blank as you move' coverage in situation which means that that if a member of employees comes throughout a spillage they must blank it up right away. I might say that because the drink was once best break up a couple of mins prior, it might no longer be fair to mention that the grocery store breached its responsibility via no longer cleansing it up instantly. It might be extraordinary had the spillage been there for a while and been neglected via employees individuals.

Answer 5

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.

Answer 6

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*

Answer 7

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.

Answer 8

A few months ago? Could be too late. Yes, you would have had a great "slip and fall" case IF you had called the police immediately, asked any eye witnesses, etc.

A few months ago is a long time. And you really needed lots of pictures taken within an hour after you fell.

Answer 9

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.

Answer 10

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.