I fell in a department store fortunately was not badly hurt, what is the store liability? Should I sue?

Answer 1

First, you should probably consider who was at fault. Ask yourself whether you were hurt because of the store's negligence (i.e. wet floor with no cautionary signs). While there are cases where people have carelessly hurt themselves and won lawsuits, there is no need to run up the store's insurance rates for your own personal profit. Abuses like this are one reason why health insurance has become so outrageous (although I admit that this is not the only reason for exorbitant medical coverage).

If you find that the store was indeed at fault, but you are not seriously hurt, then you should make sure that the store is aware of the problem that caused your harm. If you return and they still have not rectified the problem then you should lodge a complaint at the complaint department and/or threaten legal action.

Lastly, if you were seriously hurt and the store's negligence was at fault then the store should cover your costs. If they don't offer to do this willingly then it's time to take legal action. Remember that our legal system is a privilege. We must act responsibly and not simply seek to profit ourselves.

Answer 2

Store liability is what the judge/jury says it is. Obviously, there must be a "hazardous condition". If you're running down the aisles with flip flops on, and trip on your own flip flops, YOU are the hazard, and you'll lose. If the store had a big hole in the floor that you fell into, it's THEIR fault.

Usually you can get medical expenses, lost wages, and permanent disability, if it's the store's fault. Just because they owned the premises where you fell, does NOT make them automatically at fault.

The problem is, if you have less than $1,000 of medical expenses, and nothing besides inconveninece and a couple days with a twisted ankle, you'll have to hire your attorney out of pocket, and there's NO WAY you can sue for enough to cover your attorney fees.

Should you sue? Let me ask YOU. If your friend came over to your house, and fell, under the same circumstances you fell at the store, would you expect them to sue you? If you can expect them to sue you, and you wouldn't have any hard feelings (ie, you agree you were at fault), then sure, sue. If not . . . well, do unto others, ya know? And, what comes around, goes around.

Answer 3

One sues when one does not get relief through normal administrative processes. If you were not badly hurt, and you incurred no damages, there's really no basis for a lawsuit, unless the store somehow was negligent.

If you had to go see your doctor as a result of your injuries, and the injury was caused by the store (a shelf was in a walkway) versus something you caused (you didn't tie your shoelace), then it would be fair and reasonable to ask the store to pay for your doctor visit and any treatment you received.

In our sue-happy culture, we oftentimes feel that when something bad happens, we need to blame someone for it, and we should get money. Unfortunately, some corporations will shell out some money because the bad publicity of a lawsuit is more costly than just paying the hush money. In your case, a minor injury doth not a ton of money make.

Answer 4

As previously stated, the most important question is why did you fall. If there was a hazard or defect on the floor, and you can show this caused you to fall, then the store could be liable. If not, then the store didn't cause your fall, and thus not responsible for any bills.

Next, what are your damages? Did you have any medical bills? Were there any further damages? You might be able to make a claim for the bills.

As for suing, the great majority of claims are resolved without suing. Lawsuits cost a lot of money, and are often not worth it.

Answer 5

First of all, did you report your fall when it happened?

If you're not hurt, you don't have much to sue about. Did you miss time from work? Did you rip your clothes or get them dirty because of whatever caused you to fall? Were there medical bills?

If you answer yes to any of these, you COULD sue. However, I'd bring the bills to the manager and ask them to take care of them. They probably would without getting the law involved.

Answer 6

If you fell on something that was spilled or a damaged floor - due to someone else's negligence - then yes. But if you slipped on a mopped or polished floor - no. Reason being - it's called assumption of risk, meaning anytime you leave your home, it's possible something could happen to you. You take that risk walking out your front door. But, if the direct action of someone else caused you to be injured, then you have a case.

Answer 7

Did you slip on something that was spilled or a freshly mopped floor or over something that was left in the aisle or over your own two feet? What is the point in suing anyway - you said yourself you weren't badly hurt. Accidents happen. Should I sue my employer everytime I get a papercut. Bandaids can get expensive, you know.

Answer 8

I fell at a nice hotel this weekend, wasn't paying attention and missed the last step and rolled my ankle. Never did I think of sueing, ridiculous the way people can't take responsiblity for their own actions.

Answer 9

If you had medical bills you could ask the store to pay for those under its medical payments coverage if you didn't have health insurance but otherwise let it go. Accidents do happen.

Answer 10

No, you should pay better attention to where you are walking. There was once a day when someone got hurt they felt a bit stupid for being careless....now people seem to thing its an opportunity to make money.