Legal Question in Personal Injury in California
Slipped at a Grocery Store..
On a recent shopping trip to our local discount grocery store, my fiance slipped in a puddle of water and injured her wrist. There were no signs warning of the water, which was on white linoleum near the home decor section, so neither of us even thought to watch our step. We have a witness who saw everything, including the puddle, and is willing to give a statement on our behalf. My fiance had a doctor's visit today with her primary care physician who took x-rays and made her go on a 3 day medical leave from work until the wrist is somewhat better. Of course, the insurance lawyer of the grocery store has already started to call everyday at the same time, but we are trepedacious to speak to her until we know something from the doctor. Do we have a legitimate case to recover medical expenses, lost wages, and compensation for pain and suffering?
7 Answers from Attorneys
Re: Slipped at a Grocery Store..
Hello. I am sorry about your fiance's experience. It is possible that you have a legitimate claim, but this will turn on whether or not the store had a constructive notice of the condition that lead to an injury (water on the floor). In other words, the issue is proving that the water was there for a while and the the store failed to inspect the floor in a reasonable frequent manner to prevent and/or remedy the condition. This is exactly where a good personal injury will come in, who will gather the proper evidence, if available to prove your case.
Thanks, and if you have any further questions, please feel free to follow up.
Arkady Itkin, Esq.
Re: Slipped at a Grocery Store..
Follow the advice of my colleagues.
Re: Slipped at a Grocery Store..
It depends. The Grocery store has to be shown to have been negligent, otherwise not. You are right though to await a full understanding of the nature and extent of the injury before you talk to anyone. If you go to my website MWRothInjuryLaw.com you can download a free special report about secrets the insurance companies don't want you to know.
Re: Slipped at a Grocery Store..
The most difficult thing about such cases is whether the store had notice of the puddle, and/or a reasonable opportunity to clean it.
If the puddle were brown and dirty, that would be an indication that it had been there for a while. If it were a newly-mopped floor, they should have put up signs. If a customer had just spilled a beverage, that might not have established enough notice, depending on the store's floor inspection policy. So there are a lot of variables. The argument probably won't be as much about the injuries as about the notice issue.
If you prevail, or the store agrees to liability, then, with the help of an attorney, your fiance should be able to recover the losses and damages that he could prove. Good luck!
Re: Slipped at a Grocery Store..
Yes, of course contact a lawyer near you, don't talk to the ins co, watch out for legal time limits
Re: Slipped at a Grocery Store..
Yes, of course contact a lawyer near you, don't talk to the ins co, watch out for legal time limits
Re: Slipped at a Grocery Store..
Yes, contact a personal injury attorney near you ASAP.
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