Can I sue for personal injury after I slipped inside a store? 42 Answers as of March 26, 2012

I slipped and fell in a store due to the floor being slippery. I went to the hospital and I had bruises along. I had headaches every day since. The store claims service called me this weekend. I am going to return their call on Monday. What is the best thing to do? Can I sue them for personal injury?

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West law Office
West law Office | Russell West
If the store has premise liability insurance they generally will pay for medical costs and you can ask for an amount for pain and suffering. I have had some good results with slip and falls with awards and some other cases which did not get much other than medical costs. You can file a lawsuit for personal injury but most likely your case can be resolved prior to filing a suit. An attorney can most likely be able to negotiate a higher settlement than you will able to yourself with the insurance company.
Answer Applies to: Washington
Replied: 2/22/2012
Law Offices of Richard Copeland, LLC
Law Offices of Richard Copeland, LLC | Richard Copeland
You might have claim for personal injury, but the premises liability statute is quite favorable for landowners. Given the facts you presented concerning your physical injuries, I would not recommend pursuing the claim.
Answer Applies to: Colorado
Replied: 2/21/2012
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Do not talk to anyone other than an attorney. The claims people are not your friends and follow script they have created over many years to damage you if you do seek an attorney later. I do not know if you are seriously injured enough to make suit worthwhile but, talking to the insurance company claims representative will never help you, only hurt you. Talk to an attorney immediately and have them send a letter to the store to preserve any video tape of the inside of the store where you fell. It's the best evidence of your fall you will ever get and most stores record over it or destroy it so that you cannot use it in your case. They always save it when someone is faking a fall though.
Answer Applies to: New York
Replied: 2/21/2012
Gilbert & Bourke, LLP | Brian J. Bourke
Yes you can if there was a dangerous condition on the premises. You should consult with an attorney right away so the attorney can assess any liability on the store.
Answer Applies to: California
Replied: 2/21/2012
Attorney at Law | Dorinda Ohnstad
The short answer is yes, although slip and fall cases are tricky. You can talk with them and settle it on your own. If your injuries are minor and not ongoing, this may be your best bet. If on the other hand, you have need of ongoing medicatl care/physical therapy, then you may want to see an attorney first.
Answer Applies to: California
Replied: 2/20/2012
Law Firm of Martin & Wallentine
Law Firm of Martin & Wallentine | Richard Martin
You might have a claim for negligence under the theory of "premises liability," especially if the store knew or should have known of the hazard that caused your injury. Consult with a personal injury attorney immediately to assess your case and to properly advise you.
Answer Applies to: Kansas
Replied: 2/20/2012
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You may be able to recover. It depends on notice to the store. See a lawyer to discuss
Answer Applies to: Texas
Replied: 2/20/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You can if you can prove they knew of the slippery condition and did nothing about it
Answer Applies to: North Carolina
Replied: 2/20/2012
Aaronson Law Firm
Aaronson Law Firm | Michael Aaronson
You can sue them and when your case if you can prove that they either knew or should have known about the slippery floor.
Answer Applies to: Texas
Replied: 2/20/2012
Toivonen Law Office | John Toivonen
A lawsuit over a slip and fall is premised on the idea that the property owner had a duty to protect your or warn you of danger. In Michigan the open and obvious danger doctrine can be used to protect the property owner. What this means is that if the danger was something that you should have seen the court or the jury will rule that you are at fault for not seeing the danger.
Answer Applies to: Michigan
Replied: 2/20/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Your injuries don't sound severe enough to interest a lawyer so see if they'll offer you some money for your troubles.
    Answer Applies to: New York
    Replied: 2/20/2012
    McCallum & McCallum | Donald G. McCallum
    Yes! Unfortunately, slip and fall cases are often difficult to win. Therefore, it is often difficult to find an attorney to take your case on a contingency fee basis. I suggest you check with your local county bar association's Lawyer's Referral Service.
    Answer Applies to: California
    Replied: 2/20/2012
    The Barrister Firm
    The Barrister Firm | Christopher Benjamin
    You need an attorney right away and should not negotiate until you've often proper legal counsel.
    Answer Applies to: Florida
    Replied: 2/20/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Tell them the floor was slippery and if there was no warning of that, then you should ask to talk to their insurance company and an adjuster will be assigned to review your case. Send the insurance company all of your bills and medical records and expenses incurred as a result of the fall.
    Answer Applies to: Iowa
    Replied: 2/20/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You may want to consult a lawyer before speaking with them. It is O.K. to speak with them to establish a claim, for them to get you contact information, etc., but before you give them a written or recorded statement about what happened, you may want to insist, as a condition of your giving an interview, that you be allowed to interview the appropriate store official who investigated the incident. To successfully sue the store, you will have to prove that the store put the slippery substance on the floor (rather than a customer) or that the store knew of the slippery condition and did nothing to clean it up or warn its customers.
    Answer Applies to: South Carolina
    Replied: 2/20/2012
    Ezim Law Firm | Dean Esposito
    You most certainly can sue them for your medical expenses and bodily injuries. The best thing you can do is hire an attorney and do not speak to them unless your attorney is present.
    Answer Applies to: Louisiana
    Replied: 2/20/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Yes, you can sue the store for personal injury, but suing isn't always the answer. Anyone can sue anybody, but whether you can win the suit is anybody's guess. I say that not to be cute with my answer but to put you on notice winning isn't easy nor should it be. The legal idea of premise liability depends on some defect in the property that is not open and obvious and that you didn't realize. Couple that standard with comparative fault and it's anybody's guess as to who will win. So yes, you can sue, but can you win? That depends on a lot of facts you've not discussed.
    Answer Applies to: Iowa
    Replied: 2/20/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Don't return the call from the store's insurer/claims department. The adjuster will try to trick you into saying something that will be used against you later. Retain a lawyer who is an expert in premises liability cases immediately and let him return the call for you.
    Answer Applies to: Georgia
    Replied: 2/20/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes, you can make a claim with the stores insurance company and file a lawsuit if you cannot settle the claim. I suggest having an attorney review your case.
    Answer Applies to: Kansas
    Replied: 2/20/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. Be careful what you say in interview. Talk to an injury lawyer.
    Answer Applies to: Alabama
    Replied: 2/20/2012
    The Murphy Law Firm
    The Murphy Law Firm | Candace M Murphy
    In order to determine whether or not you should sue, you should contact an attorney and discuss your claim. The laws are very specific regarding slip and fall accidents. Your attorney would be better equipped to ask the right questions and evaluate your claim. You should consult an attorney and have your case evaluated prior to speaking with the store's claim service.
    Answer Applies to: Texas
    Replied: 2/20/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    One can always sue. The more correct quesion is whether or not you have a viable suit. You have not presented sufficient information to suggest one way or another, See an injury attorney. Consultations are free.
    Answer Applies to: California
    Replied: 2/20/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You can, but it does not appear that you are hurt enough to justify a law suit. Ask if they have. Med-pay and get them to pay your bills. You should also see a Nuerologist to make certain you have no serious head injury.
    Answer Applies to: Virginia
    Replied: 2/20/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You should probably retain an attorney. The question is whether you can prove that the store had unreasonably hazardous conditions. 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: 2/20/2012
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    "Slip and fall" accidents are VERY difficult to prove. In addition to your injury, you must be able to prove that the store actually knew about the defective condition AND that they had an opportunity to correct it. If a customer dropped something a few minutes before you fell, you would not recover. If there was a leak in the ceiling for months, you may recover. In any event, if your injury is a bruise and a headache, your recovery would be nominal. Good luck.
    Answer Applies to: Illinois
    Replied: 2/20/2012
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Yes, you can make a claim for your injuries, assuming that they caused the incident. But I would contact a lawyer before contacting them directly.
    Answer Applies to: New Jersey
    Replied: 2/20/2012
    Counard & Heilmann Law Office | Michael Heilmann
    Yes, you can sue. That does not mean they will pay for a slippery floor unless something was on the floor. Good Luck.
    Answer Applies to: Michigan
    Replied: 2/20/2012
    Law Offices of Andrew J Spinnell, LLC
    Law Offices of Andrew J Spinnell, LLC | Andrew J Spinnell
    Yes, you can sue for personal injuries provided you can prove actual or constructive notice or that an employee of the store created the slippery condition.
    Answer Applies to: New York
    Replied: 2/17/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    A case for personal injury is based on negligence of the defendant, herein the store. IF it can be established that they were negligence, they would then be responsible for any injuries that arise from that negligence. Before you contact the store you should first speak to a lawyer to discuss your case.
    Answer Applies to: New York
    Replied: 2/17/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Yes you can sue if the store was negligent and responsible for the slip and fall. Your damages will be based upon your medical expenses, for the most part. Pain and suffering are compensable damages. Don't talk to the store if you wish to pursue the claim. Tell them you are hiring an attorney, and you were told that any communication should come through counsel.
    Answer Applies to: New Hampshire
    Replied: 2/17/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    You have not provided enough details to determine whether or not the store is legally liable. The store is not liable simply because you fell on the premises. To be liable, the store must have breached some duty (i.e., failed to clean up a slip hazard after being placed on notice of the hazard or the hazard existed so long that the store should have been aware of the hazard). Most attorneys will provide a free initial consultation. You may want to speak with an attorney before giving a statement to the claims adjuster.
    Answer Applies to: Alabama
    Replied: 2/17/2012
    Blackburn Law, PC
    Blackburn Law, PC | Stephen E. Blackburn
    Can you sue? Yes. But being able to sue versus being successful with your suit are two different things. Many factors will be considered. Were there adequate warning signs? Did the store owe you a duty of care? How long had the substance been on the floor? Etc. Regardless, take care of your injuries it's the only body you've got.
    Answer Applies to: Idaho
    Replied: 3/26/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The answer is yes if you had an injury and you can prove the the3 condition was known to the store or upon reasonable inspection should have been found by the store and removed.
    Answer Applies to: Connecticut
    Replied: 2/17/2012
    Andrews & Sanders Law Office
    Andrews & Sanders Law Office | Richard A Sanders Jr
    Talk to an attorney before you discuss the matters with the claims department. An attorney can adequately evaluate your case and determine if it has merit. The claims department is going to be looking for ways to discredit your claim.
    Answer Applies to: Georgia
    Replied: 2/17/2012
    Parks Law Group
    Parks Law Group | Melinda J. Parks
    Slip and fall cases are tough. Generally you have to be able to show that the store knew about the wet floor and did nothing to correct it. Is there video? Did you file a report with the store manager? You should keep all of your medical bills just in case you have a claim against the store. If they offer you money when you talk to them on Monday, you should contact an attorney (although I recommend speaking to an attorney FIRST), as an attorney can probably get a better settlement for you.
    Answer Applies to: Alabama
    Replied: 2/17/2012
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You absolutely can, and you should NOT talk to them without an attorney! Do not make any statements to them (they can later lie about what you said), and contact an attorney immediately.
    Answer Applies to: Missouri
    Replied: 2/17/2012
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    I would not recommend that you talk to the store's insurance company or claims service without first consulting a personal injury attorney.
    Answer Applies to: Indiana
    Replied: 2/20/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Yes, you can sue them and possibly recover if they were negligent in some way. Call an attorney and do not give any statement to anyone but your attorney.
    Answer Applies to: Nebraska
    Replied: 2/17/2012
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Yes, if there was a dangerous condition on the premises and the store was negligent for allowing it to exist, you have a claim. The store will probably deny that it could have prevented the accident. A lawyer can help you determine if there was fault on the part of the store that could give rise to a recovery in your favor. Be wary of signing anything or accepting any money before you talk to a lawyer.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, first you need to establish why the floor was slippery. Next, you have to show that the store employees knew or should have known of the hazardous condition, and failed to take action. There is another possibility: some business owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault. The "best thing to do"? Get a lawyer in your area who is experienced in this kind of case. Otherwise, you are at the mercy of a claims representative who knows a lot more about this kind of thing than you do.
    Answer Applies to: New York
    Replied: 2/17/2012
    Andersen Staab PLLC
    Andersen Staab PLLC | F. Dayle Andersen
    This depends. What did you slip on, where did you slip? In some circumstances you may be able to make a claim in other, no. Slip and falls can be very fact dependent.
    Answer Applies to: Washington
    Replied: 2/17/2012
    Carter Boyle LLC | Nelson Boyle
    Best thing to do: speak to a lawyer before returning their call. You may have a personal injury claim. You might hurt that claim by talking to their claims people without lawyer advice.
    Answer Applies to: Colorado
    Replied: 2/17/2012
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