Legal Question in Personal Injury in California
I was shopping in a Ralphs today and I slipped on some fruit (they told me it was a grape) that was smooshed into the floor. I didnt fall but completely lost my balance and wavered before catching my balance. Felt like I was a cartoon character trying not to fall. I dont remember if I grabbed a nearby bin or not, but I prevented myself from hitting the floor. The produce manager was there and I told him what happened and he cleaned up the floor. I told him I felt ok.
A few minutes later I was walking down the aisle and my upper back started tensing up and I felt some sharp pains. It was hard to walk straight and I had to walk around leaning on the cart. I notified a co-manager and a 3rd person who (may be another manager) had a title of "safety" or something on her tag. I told them what happened and they had me fill out some paperwork.
My back isnt feeling better and since then (a few hours) my lower back is in some pain as well.
I made an appointment to see a chiropractor in the morning.
Without actually falling, do I have a case at all?
4 Answers from Attorneys
Yes, if you were injured and you can show that the injury resulted from your slip at the supermarket. The amount of your damages will depend upon the medical expenses you incur and the amount of pain and suffering you must go through.
Please note, though, that many judges and juries don't take the opinions of chiropractors as seriously as those of M.D.s. They may also be less willing to make the store pay for chiropractic treatment. You should see a physician asap if at all possible.
The short answer is yes, but as you suspected, the fact that you didn't hit the floor will likely be used against you. Slip & fall cases are far more likely to need a lawsuit than most other types of personal injury cases, because of the number of different issues that can come up. In your case, you have what's called a "mechanism" issue, where the store may claim that the "mechanism" of your body's movement was unlikely to cause you injury.
There could be other issues waiting as well. For example: very, very frequently in these "slipped on a grape" cases (they're fairly common), the store will claim a "notice" issue. They will say that another customer dropped the grape, and the store didn't have time to discover the grape and pick it up. In other words, they were not "on notice" of the hazard and therefore not responsible for the fall.
If you think your injury might be serious--in other words, if it needs more than just a couple weeks of chiropractic--then you should hire an attorney. We take cases all over LA County, and I see by your ZIP that you're in Encino. Give us a call and we'd be glad to help. There's no obligation and the call is free: (877) LION FOR LAW (546-6367).
I prosecute slip/trip and fall cases on a regular basis. The big issue with your case is that you will have to prove that the grape was on the ground for an unreasonable amount of time, as to give notice. So then, was the grape already crushed? Was the grape dirty as though others walked on it? Where there other grapes on the ground? These questions and more will have to be explored in order to determine whether or not you have a strong case. If your back continues to hurt, feel free to contact me at 1.877.505.INJURY.
I'm following up on my answer to your post to LawGuru for the slip and fall. If you still haven't consulted with an attorney, then call me at (877) LION FOR LAW (546-6367).
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