Can I sue if I fell in a parking lot of a gas station? 18 Answers as of January 23, 2014

I was coming out of the gas station and held the door for another customer. When I turned around, I slipped and fell. I broke my arm and skinned my knee.

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Quite probably this can be pursued. While suing is precluded if the hazard was "open and obvious," often this can be avoided with an appropriate depiction of the facts. Presentation is very important here, as it means the difference between being able to pursue the case, as being precluded from doing so. The matter needs to be fully thought out, and articulated, within the bounds of truth, in a manner avoiding the "open and obvious" defense. What caused you to slip?
Answer Applies to: Michigan
Replied: 1/23/2014
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
That depends on what made you fall. If there was a dangerous condition caused by gas station or allowed to exist by gas station, then you may very well have a claim. Consult an attorney for more advise.
Answer Applies to: Florida
Replied: 1/17/2014
David Hoines Law
David Hoines Law | David Hoines
You can if there was something wrong with the floor that caused you to slip.
Answer Applies to: Florida
Replied: 1/15/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answer Applies to: California
Replied: 1/16/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You can sue or you can just file a claim with the owner's business liability policy. But first what did you slip on? Was it something slick or your own clumsiness? For the property owner to be liable there must be a defect in the property. A defect may be ice or snow that has accumulated and not either been removed or salted.
Answer Applies to: Iowa
Replied: 1/16/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You would have to show why it was that you fell, and that it was due to an unreasonably hazardous condition that the gas station employees knew or should have known about before hand, and that they had time to correct the hazard but failed to do so.
    Answer Applies to: New York
    Replied: 1/15/2014
    James M. Chandler | James M. Chandler
    Only if you can prove the gas station was negligent and their negligence caused your injuries.
    Answer Applies to: California
    Replied: 1/15/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It depends on whether you can prove the gas station was negligent. Just because you got hurt on their premises doesn't necessarily make them liable. If you can't prove they are liable, they may have a premises liability insurance policy that has a medical payments provision. If so, it will pay your medical bills only regardless of fault.
    Answer Applies to: Alabama
    Replied: 1/15/2014
    Gates' Law, PLLC | Thomas E. Gates
    You would have to show the gas station owed a duty to you and they breached that duty and, as a result you were injured. You do not state how you fell and whether the gas station should have know of a hazard and failed to do something about it.
    Answer Applies to: Washington
    Replied: 1/15/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    It depends on the cause of our slip. The station is only responsible if there was a defect or they were negligent.
    Answer Applies to: Connecticut
    Replied: 1/15/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    There is a Michigan case that makes it possible to try to sue. Your case is not strong, though.
    Answer Applies to: Michigan
    Replied: 1/15/2014
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    You may have a premises liability ("slip and fall") claim, depending on the facts, for example, what was done to keep the grounds safe. Contact an injury lawyer to discuss your potential case.
    Answer Applies to: Utah
    Replied: 1/15/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    In Illinois, not if you fell on ice or snow.
    Answer Applies to: Illinois
    Replied: 1/16/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    The question that must be asked is what caused you to fall. If there was some reason or negligence that caused you to fall you may have a case. Contact an attorney as soon as possible to discuss matter further.
    Answer Applies to: New York
    Replied: 1/16/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    They may have medical payments coverage but as far as liability is concerned you don't get anything if you fall on my property. You get damages only if you show you fell because of their negligence, not your own.
    Answer Applies to: North Carolina
    Replied: 1/15/2014
    Pennington & Martinez
    Pennington & Martinez | Dennis A Pennington
    You must prove that there was a hazardous condition or a premises defect in order to win any case like that. You will need to talk to a lawyer.
    Answer Applies to: Louisiana
    Replied: 1/15/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You can always sue, but you would have to prove the gas station was negligent. Your better bet is to write a letter to the owner asking it to pay your medical bills and pain and suffering. If the total amount is relatively small, e.g. less than $10,000, there is a possibility that the insurance company will give you a reasonable settlement, i.e. 2 to 3 times medical bills.
    Answer Applies to: Idaho
    Replied: 1/15/2014
    Law Offices of George H. Shers | George H. Shers
    There has to be some basis of negligence. If there was no defect as to where you fell, including fluid that should not have been there, there would be no legal liability.
    Answer Applies to: California
    Replied: 1/15/2014
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