Legal Question in Personal Injury in California
I fell in a Save Mart Grocery store on a Rainy evening in December 2010. The store had no caution wet floor signs anywhere in sight and the matt that was in front of the door was soaking wet. One of the employees saw me fall and turned away from me. I was very embarrassed and a little tender but nothing felt broken. I picked up my purchase and went to the cashier. I let the cashier know that there was a lot of water on the floor by the door and that I just slipped and fell on the floor. The cashier told me that I could speak to his manager. No one asked me if I was okay or if I needed any medical attention. The employees of this save mart were very inconsiderate.
I had ACL surgery on both knees which caused me to have arthritis in both knees and since the fall in Save Mart my pain has increased roughly 80%. Before the fall I was taking fewer pills than I have to take now and recently I started getting shots in my knees so that I can function normally in my everyday life. The representative from the store contacted me and was very rude. I need to know if I have a case against Save Mart. This has been going on for about a year.
2 Answers from Attorneys
Speak to your Dr. to see if he/she has any opinion about what effect the fall had on your medical problems and symptoms. If they say they can not really make a reasonable connection to the two, then you have a poor case. You might want to see a personal injury attorney before you do this as they may want you to go to their own Dr. in hope of getting a better result so the case has more settlement value [but at trial you own treating Dr.s will testify and may destroy your case].
You do not tell us where in the store you fell, how soon after entering the store, if you have shoes on that were slippery, did you see if they cleaned up the spot, how big was it, how much water was coming down in the rain, etc. so we can not comment on the liability issue. I assume they have offered you something since you are still talking to them; a letter from an attorney will probably bring you a higher offer. You have two years from the date of the injury to file suit.
My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.
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