Legal Question in Personal Injury in Wisconsin

Slip and fall in a grocery store

I slipped and fell on water in a grocery store and sprained my right wrist. I did not go to the doctor but feel I should be compensated for this injury. The store manager was shown the bruising on my wrist. Am I eligible to receive ''pain and suffering'' damages?


Asked on 6/01/02, 11:08 pm

2 Answers from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: Slip and fall in a grocery store

You are only entitled to compensation if you can prove that the store was negligent regarding the water on the floor. That means that you would have to be able to prove that the water was there long enough so that somebody at the store had notice of that condition and had a chance to mop it up. The notice issue is a difficult one for cases such as yours. We are handling a case such as yours right now. The insurance company for the store is going to take the case to trial to try to win it. Another issue that you would have to overcome is the claim that you were negligent in not seeing the water. That defense is called contributory negligence. If I were you, I would ask for compensation from the store. If the store refuses to pay you anything, I do not think it would be worth it to try to pursue the claim in court.

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Answered on 6/03/02, 10:18 am
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Slip and fall in a grocery store

While you have a compensible injury, your damages

are very limited if you did not see a doctor. You

would have no testimony as to the extent of your

injury. Even though you may not think you need to

see a doctor, if you have a more serious injury than

you think and if you don't discover that until after

you've settled and signed a release, you will be left

without further recovery.

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Answered on 6/03/02, 4:31 pm


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