Slip and Fall Accident?

Question

I was in a grocery store getting a few items when I was walk pass a sea food display freezer and slipped in a puddle of water. A couple of employees came over to help me up and all that good stuff and cleaned up the water. I was helped to the front of the store so they could file an accident report when they notice that there safety records for that hour where not signed off by the assistant manager they apologized for the accident and I then went to the ER to get my knee and hip checked out. The X-rays showed that everything was ok and the ER Doctor
wanted me to follow up with my primary care physician. I then had and MRI done per my physician and everything looked ok with that. I then contacted many lawyers and none of them could take the case because I guess I didnt break and bones or something. After all this I contacted the store where I fell and they said they will pay up to $1,500 for medical bills.What do I need to do about this? My medical bills are about $6000.

The MRI had to be taken because the doctor thought there might be tissue damage to the knee.

Answer 1

You can sue them but most likely you will not win.

Whether you like it or not, you assumed a certain amount of risk in entering the store. You can contact the store for a counteroffer, but unless you find an attorney willing to handle such a small case, you need to file a claim with your health insurance carrier.

TO I_KNOW_NOTHING:

Actually, I am an attorney and what I say is not only true, but based on legal reality. It's why most states have passed some form of tort reform statute.

When you enter a grocery store, you know there may be spills, water from vegetable sprinklers and other shoppers with carts who do not watch where they are going.

The same as if you enter a restaurant, muffler shop or any other business establishment. There are inherent risks in all public places.

Tort reform is based on a theory that accidents are not compensible on the same level as is negligence. And in this case, based on the tier of fact present, there is nothing to prove the store either knew of or failed to act in a timely manner regarding THIS spill.

What there is however, is an assumed risk on the part of the shopper and a lack of due care in surveying their surroundings knowing that a grocery store may present obstacles.

That's why the attorneys most likely did not want to touch the case. The store offered a settlement and the poster refused it showing a judge/jury that at least one side attempted to mitigate the damages.

The reason they did not offer more, and the reason I would have advised them not to offer more, is because the victim does not get to unilaterally decide what treatment plan to follow absent a finding of need on the part of the medical community.

In this case, the best our poster can hope for is to file a claim with her own health insurance and take the settlement for her deductible.

By the way, to those who told her to sue, Unless she can show negligence on the part of the store, the MOST she can hope to receive is her medical bills. Take into account that a case like this won't be handled by an attorney for less than $5,000 and you have done this poster a disservice by taking $500 minimum out of their pocket.

And the Better Business Bureau is a joke with absolutely no power over this situation.

Answer 2

FACTS ABOUT SLIP AND FALL ACCIDENTS

Slip and fall accidents are one of the most common types of personal injury cases in the United States, especially involving elderly individuals. One out of every three people over the age of 65 falls each year due to unsafe conditions, and thousands of these individuals die as a result of their accident.
Although older people do have a higher risk of falling and having serious consequences, it can happen to anyone under the right circumstances. With more than 8 million emergency room visits related to falls each year, it is important for you to become educated regarding the facts of slip and fall accidents.
A Fall Can Happen at a Private Residence or on the Property of a Business

Public places are the most common sites for slip and fall accidents to occur. If a visitor becomes injured due to unsafe conditions on private property, they typically recover damages through the insurance policy held by the homeowner.
The Type of Property Where You Fall Will Play a Part in the Case

Falls can happen pretty much anywhere, but some properties have stricter laws regarding the duty of care. The owner of a store or other public business property has the highest duty of care, followed by private homeowners. Visiting a store as an invitee comes with a guarantee that the premises is safe for walking, but a homeowner is not held to such high standards. Proving negligence is more difficult when the accident happens in a home, but it is not impossible to recover damages.
Victims Are Responsible for Proving Negligent Conditions

Although it may not be an easy task, it is entirely up to you to prove that the negligent conditions were caused by the defendant. The court must believe that the actions of the property owner were in violation of the legal duty to provide safe conditions for visitors.
Damages Must Be Proven

Hospital records and photographs of the physical injuries must be shown as evidence to prove that you endured harm and suffering that deserves financial compensation.
The Settlement Amount Will Be Reduced If Your Injuries Were Partially Due to Your Own Negligence

In some cases, there is reason to believe that the victim has some responsibility for their accident. If the court decides that you had any fault in circumstances regarding the fall, then a percentage of the damages cannot be claimed.
Compensation Will Be Determined by the Extent of Your Injuries

Someone that is severely injured will be able to recover more money than an individual with minor consequences. Compensation is calculated based on pain, medical fees, and suffering endured by the victim.
It May Be Possible to Claim Emotional Distress

Actual injuries are the starting point for determining a compensation amount after a slip and fall accident. If the fall or injuries caused you to experienced embarrassment, stress, or fear, then you can claim this in your case.

Answer 3

The lawyers that you spoke to are probably looking to take the case on a contingency bases and either feel that there would not be enough money in it for them or that you would loose in court.

You can keep trying other attorneys. Something like this happened to a friend of mine she slipped on ice and broke her ankle. Several attorneys refused to take her case. One did take it and she won a nice settlement.

You can also take the case to small claims court, but check the maximum award tha could be given. It might not be much more than what you were offered.

Next time you are hurt do not go to the ER yourself. Insist that an ambulance is called for you.

Answer 4

I would call the better business bureau and ask what can be done further. Since you are having a hard time finding a lawyer to represent you, I would make a list of questions, find a reputable attorney and then pay what ever fee they ask to have a consultation. I am certain that the attorney may not find it profitable enough to take your case, but will willingly answer your questions as to how you can make sure that all your medical bills be paid. You might also contact your local news station and tell them your story. The store will not want to have unfavorable publicity.

Answer 5

You probably dont have a legal case and the store knows it. You might still find a lawyer willing to pursue it, but I doubt it. Your best bet is to try to negotiate from both ends - see if the store will pay half and tell the medical providers that you are broke and see if they will accept half. You may end up paying something, but not much.

Answer 6

WOW - you ran up 6k in medical bills doing tests on a non-injury. Step 1 - get a doctor that won't send you for an MRI when there is no reason to get one.

Step 2 - threaten the store with a law suit.

Step 3 - if they don't settle, you can file a suit for the medical bills. Your results may vary depending on the judge/jury because that seems a bit excessive.

Answer 7

Do you not have medical insurance? I would think it would help pay for most of it.

Mercinineteen, you're totally out of line with your criticizing and namecalling.

Hex, if what you say is true, does everyone know that they assume a certain amount of risk when they enter a store?
Do stores have a sign indicating this risk?

I doubt what you say is true.

Answer 8

Look in your yellow pages or call the bar association in your area for a referral to a personal injury attorney who will take your case on contingency. If you can't find an attorney who will help you, then take the $1,500.

Answer 9

Sue the grocery store..By law they are obligated to pay the whole amount $6000...dont settle for the $1,500..why should you have to pay the rest when it was their fault..if they would have just mopped up the darn floor..all of this could have been prevented..good luck!

Answer 10

You might want to get a laywer that will take the case.