Legal Question in Personal Injury in California

What is the necessary procedure if you are injured in the public area (groceries). I tripped on one of the boxes lying on the ailes and fell on the side bottom and my hip (back area) was hurting. I couldn't get up for awhile until the clerk me get up. He filed a report but I did not get a copy due to company policy. I have an eyewitness to the incident. I am still having pain in my hip and back area and I am 60 yrs old. I am afraid I might have injured my hip or back.


Asked on 10/09/11, 2:41 am

4 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Go to a hospital or to a doctor and get checked. If you have. Something serious then hire a lawyer to pursue a case. Against the grocery store. You may want to serve them a written request for preseravation of evidence, specifically any video footage. Otherwise they may say they didn't think it was important and delete it. Keep a copy of the request and send it by certified mail to the store manager's attention.

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Answered on 10/09/11, 9:31 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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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Answered on 10/09/11, 7:38 pm
Robert Worth Robert J. Worth , Professional Law Corporation

You should see an orthopedic doctor for your hip. A witness will certaily help and it is essentialfor YOU to be alble to prove that the dangerous condition was there for a sufficient period of time that the store should have discovered and cleaned up the cases. This is neessary for the owner of the store to be held liable. The fact that the mess was there is, by itself, not going to be sufficient to prove negligence in a premises liabilty case. You must have some evidence that enough time went by to correct it (such as shopping cart wheel streak marks which suggest people went through a spilled liquid) boxes do not normally leave streaks so a witness as to duration of the boxes being an obstruction on the floor would be good evidence. Absence of that proof may make proving liabilty difficult to impossible in your particular facts. I hope this helps. Bob Worth (818) 222-2433

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Answered on 10/31/11, 12:45 pm


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