Legal Question in Personal Injury in Minnesota
slip and fall
went to a store for soda and coming out the door i fell and landed on my knees and hands police helped me up they where there helping another ladythat had fallen before me. ended up in hosptial had leg moblelized for 10 days cruthes for a while pain medication, loss of work insurance company ask what i needed to settle i send a fax they responed they are not responable now. the sidewalk had piles of clear ice piles that you didnt see till it was to late after i fell they went and started to put salt outside and to chip ice away the other lady left in an ambulance i limp away and went to hospital withing 6 hours because of pain i still have problems with kneee where a ace cover on knee six times a month do i have a case i want my medical and wage loss covered help thank you Tina
2 Answers from Attorneys
Re: slip and fall
You may have a very good case. At the very least, some or all of your medical bills should be paid by the grocer's insurance.
The grocer has a duty to maintain a safe premises. The insurance company will try to defend this claim by saying the peril was "open and obvious", which is a valid defense. However in this case, it sounds like the ice chunks had been there for quite some time and they had plenty of time to remove them if they had tried.
If you have not given a recorded statement to the insurance company, don't. They will use any inconsistency in your later testimony to make it look like you are not telling the truth. If they have denied the claim, Yo should get a competent personal injury working on your behalf as soon as possible.
Re: slip and fall
You may have a claim for your injuries although you should know that these are generally difficult cases. They are difficult because juries know that with our weather in Minnesota, falls on ice often happen. Also, the law provides the owner of the store a reasonable period of time to clear snow and ice after a storm.
Your case sounds better than normal because it sounds as if the ice had been there for some time. Generally, the longer the ice has been there and not taken care of the better the claim.
Most businesses also have what is known as medical pay coverage that pays for a certain dollar value of medical bills regardless of who was at fault for the injury. At the very least you would be entitled to that.
At this time I do not represent you but if you would like to discuss this further, I would be happy to talk with you. My toll free number is 1-800-235-7600.
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