Am I entitled to any compensation if I slip and fall on a wet floor in a store? 21 Answers as of October 04, 2012

Saturday evening we had gotten a lot of rain. As I was walking into a grocery store, I stepped onto the concrete of the entryway and as soon as I did my feet flew out from underneath me & I landed on my back. I noticed that the rug was about a foot and a half from the door & the area had clearly not been mopped. Not to mention there was no wet floor sign in sight. It had been raining almost all day. I filed an incident report with the manager on duty and informed him I was pretty achy but seemed to be okay. He told me someone from their insurance dept would call me first thing Monday. I asked for a copy of the incident report which he refused to give me stating he wasn't allowed to due to company policy. He did say they had seen the fall on the tape & would be sending it along with the incident report to the insurance company. The morning after my fall I woke up with severe lower back pain. I'm also not quite 6 weeks post major surgery. I went to the ER to get checked out. No broken bones but was diagnosed with contusions of the lower back & muscle spasms. What can I do to ensure the store takes responsibility for this accident that could have been totally avoided if proper safety procedures had been followed? This happened in Texas. One lawyer informed me they couldn't take the case because rain was the underlying reason as to why I fell. Another lawyer is going to review the info & get back to me. I was asked what kind of shoes I was wearing. I was wearing flip flops like many other people in the store. But I don't think that my wearing flip flops caused me to fall because I had just Wal-Mart and didn't fall there and it was raining just as hard. Only reason I went to the other grocery store was because I forgot to get bread. Please let me know ASAP if there is anything I can do. It's almost end of business day and the call I was promised from the store's corporate office/insurance company has not happened yet.

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You may be entitled to compensation. It all depends on how the facts play out in the case. There are no clear winners in litigation.
Answer Applies to: Iowa
Replied: 10/4/2012
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
Yes, you can sue and if you cannot find a lawyer in Texas you can always file the claim yourself.
Answer Applies to: Utah
Replied: 10/4/2012
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
If you are not going to hire an attorney, immediately write a letter to the risk management department of the store and/or to their insurance company demanding that they retain the video of the fall. Explain in your letter that you were told it was on video and that the video is being sent to the insurance company. Ask for a copy (which they probably won't give you, but ask anyway).
Answer Applies to: California
Replied: 10/2/2012
Sedin Begakis & Bish | Mindy Bish
I do believe that the fact there was no wet floor sign and no mats out to absorb the water being dripped in the front door by customers would create liability for the grocery store. It is important that you send the grocery store a letter demanding that they keep the entire videotape including before and after your fall. I would not speak to anyone from the store or their insurance company in that they are simply trying to get information in order to defeat any claim you may have.
Answer Applies to: California
Replied: 10/2/2012
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
The category of cases dealing with situations like that is called "premises liability". An analysis of a premises liability case starts with determining the status of the injured person as trespasser, licensee, or invitee. The most favorable scenario for a plaintiff is that of a business invitee. "The possessor of land is liable for injuries to a business visitor caused by a condition encountered on the premises only if he (a) knows or should have known of such condition and that it involved an unreasonable risk; (b) has no reason to believe that the visitor will discover the condition or realize the risk; and (c) fails to make the condition reasonably safe or to warn the visitor so that the latter may avoid the harm." Huston V. Church Of God, 46 Wn. App. 740, 732 P.2d 173 (1987). (You can read relevant cases on the MRSC website.) You should call an attorney to help you with your claim.
Answer Applies to: Washington
Replied: 10/2/2012
    Gates' Law, PLLC | Thomas E. Gates
    You may get them to agree to paying your medical expenses, but your injuries are minor and will not get you any damages.
    Answer Applies to: Washington
    Replied: 10/2/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If it can be proven that there was negligence on the part of the grocery store with regard to the wet floor a claim could be made. There are many questions that need to be answered before a definitive answer can be made. How far were you into store when you fell; when did it stop or start raining etc. Just because you fell does not clearly make the store owner negligent.
    Answer Applies to: New York
    Replied: 10/2/2012
    Law Office of Melvin Franke | Melvin Franke
    I cannot give advice on Texas law.
    Answer Applies to: Missouri
    Replied: 10/2/2012
    Downriver Injury and Auto Law | Michael Heilmann
    These are viable cases. They have a duty to have reasonably safe premises.
    Answer Applies to: Michigan
    Replied: 10/2/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should bring all the information including the medical reports and x-rays to several personal injury lawyers to get an opinion on the amount of damages and the liability. Unless the store was negligent in someway it is harder to get a settlement or win the case. You also need serious injuries to get a large monetary award.
    Answer Applies to: New York
    Replied: 10/2/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You should consult an attorney.
    Answer Applies to: Illinois
    Replied: 10/2/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    First of all you need the advice of a Texas lawyer for a Texas case/ if it is raining all day how can the store keep the front dry (it is not clear whether this occurred in or out of the store) slip and fall cases are notorious. Many lawyers will not take them because many are phonies. Juries don't like them. so make sure you have your facts straight, make sure the lawyer understands the facts (I do not) and rely on what Texas tells you about Texas. If is a whole another world down there.
    Answer Applies to: North Carolina
    Replied: 10/2/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    It depends on whether or not the "defect" was visible to you before the accident. If it was, then you have no case. If you can establish a valid reason why you "could not" see the defect (as opposed to "did not" see it), then you may be able to establish a case. Unless you can establish "fault" on behalf of the store (in the legal sense), you are not entitled to recovery. In other words, you are not entitled to anything just because you fell.
    Answer Applies to: Michigan
    Replied: 10/2/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should at least retain and/or consult with a plaintiff's attorney who handles slip and fall cases for specific legal advice and a complete evaluation of your case.
    Answer Applies to: Indiana
    Replied: 10/2/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You need to find a lawyer who is willing to take your case, but in the meantime, send the store manager a letter by certified mail, asking them to maintain custody of the videotape and not to destroy it or re-use it. It is evidence of the fall.
    Answer Applies to: Florida
    Replied: 10/2/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    First of all, don't talk to the insurance company for the store. Secondly, you need an attorney right now to send the store a letter demanding that they preserve the video tape of your fall. These tapes routinely get "lost" or taped over. Lastly, the case is tough as it was raining all day and you were wearing flip flops but, you may be able to do something with it. At least get your medical bills paid for. Go see an attorney. Good luck.
    Answer Applies to: New York
    Replied: 10/2/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Slip and fall cases are difficult no matter where you are located; however, I am not licensed in Texas and thus cannot give you any advice as to you legal rights there. Good luck!
    Answer Applies to: Louisiana
    Replied: 10/2/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Lawyers want EASY cases. Yours has some issues with it because of the rain ("open and obvious") it is highly unlikely an attorney would take your case without some serious "up front" money.
    Answer Applies to: Michigan
    Replied: 10/2/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Although you selected "Nebraska" as the State when you asked your Question you indicate that your fall occurred in Texas. There is nothing in the information you provided to indicate that Nebraska is involved in your case in any way. I am not licensed to practice law in Texas and, as such, cannot provide an answer to your question. I would suggest re-asking your Question and selecting "Texas" as the State rather than "Nebraska."
    Answer Applies to: Nebraska
    Replied: 10/2/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Slow it down a bit. The accident happened Saturday and already you've been to two lawyers, gotten a hold of the store's insurance company and have jumped on the web for more answers. The store only has to take "reasonable" steps under the circumstances. When it rains outside and large number of people come in to the store, some of the water is tracked in, that's a fact of life. You claim that the rug was not in the proper place and that the floor was not mopped. If a foot and a half is not a proper distance from the door, what about 14 inches 4 inches? What's reasonable? How do you know the floor had not been mopped? Perhaps it was mopped 5 minutes earlier and got wet again. You can't expect the store owner to have employees mop the floors in advance of each customer. Footwear is a legitimate question. There could be a liability case here, but maybe not. These things take time to sort out.
    Answer Applies to: New York
    Replied: 10/2/2012
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