Legal Question in Personal Injury in Minnesota

Liability for Falling in a Restaurant/Broken Kneecap

Several weeks ago my 66 year old mother broke her kneecap when she slipped on a patch of grease on the floor of a restaurant as she was being escorted to her table by the hostess. There is a least one witness who saw the accident. There is no doubt that grease caused the accident because it's evident on her pants where she hit the floor and my brother felt grease on the floor when he examined it. This accident caused enormous complications which I won't go into. My mother has been in intense pain and has not been able to work or to cook and take care of her house in the manner she is accustomed. The company who insures the restaurant has claimed that the only way we can claim liability is if we can prove that the restaurant intentionally placed the grease on the floor with the intention of doing harm. We've heard that it is vitually impossible in the state of MN to win a case for this type of personal injury suit. I'm just wondering if we should pursue this or just let it drop.


Asked on 12/18/00, 10:22 am

1 Answer from Attorneys
John Fossum Lundblad, Fossum & Zrimsek, L.L.P.

Re: Liability for Falling in a Restaurant/Broken Kneecap

You do not need to prove intentional injury, only negligence. You should consult an attorney directly, rather than your friends. Slip and falls can be difficult cases, but under the facts you present, your mother should be compensated for her injuries. It is not clear from you question if the injury occurred in Minnesota or North Carolina, make sure you talk to someone licensed to practice in the state where the injury occurred.

This is not legal advice, or a guarantee of recovery, only a response to the question presented.

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Answered on 12/26/00, 1:16 pm


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