Do I have a good slip and fall case and why? 16 Answers as of September 15, 2015

I was walking through a local super store and slipped and fell on a significant amount of water. The puddle was located near a display of packaged water and I did not notice it resulting in a pretty bad fall, landing on my foot and hurting my neck and back. I did ask for help and filled out an accident report. I am still sore but have not sought medical attention. Do I have a case?

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Law Offices of George H. Shers | George H. Shers
You have a case, but the question is its value. ?If you have not seen anyone for medical treatment, it probably does not have much value and most attorneys probably would not bother to handle it because they would not earn much in fees. Contact the store and see what they are willing to do.
Answer Applies to: California
Replied: 9/15/2015
Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
You should get medical care immediately. Since your foot, neck and back have been hurt from the fall you may have a case depending on the facts.
Answer Applies to: Utah
Replied: 9/15/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
You may have a case but in New York you have to establish at least one of the following: the store (or one of their employees) caused the puddle; the puddle had been inadequently cleaned by the store; the store knew about the puddle for enough time to remedy it and didn't; the puddle was there for such a long period of time that the should have known that the puddle was there but didn't remedy it.
Answer Applies to: New York
Replied: 9/15/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
You should seek medical attention, if your neck and back are still hurting. Of course, that would help establish damages, as well. As to the claim, slip-and-fall law is unsettled in Michigan at this point. The primary threshold issue remains whether the hazardous condition was open and obvious. If so, the claimant should have seen and avoided it, precluding a claim. Water is clear, so there's a good argument that it's not open and obvious, rendering the claim pursuable. If you're still significantly impaired by the fall, this matter should be fully discussed, to see if it can be pursued.
Answer Applies to: Michigan
Replied: 9/15/2015
Pius Joseph A Professional Law Corp. | Pius Joseph
You amy have a cue depending on the type of floor, cleaning protocol and notice of the condition by the store for at least 30-45 minutes prior to the incident.
Answer Applies to: California
Replied: 9/15/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Not very good.
    Answer Applies to: Michigan
    Replied: 9/14/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Slip and fall cases (or trip and fall) 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 hazard 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 the question of fault.
    Answer Applies to: California
    Replied: 9/14/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You MUST prove that the water was on the floor long enough for the management to know about it AND have it mopped-up. Otherwise, you have no claim.
    Answer Applies to: Illinois
    Replied: 9/14/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You have a case. Do not talk to insurance without an attorney. Hard cases to win.
    Answer Applies to: Alabama
    Replied: 9/14/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It depends on whether the store knew or should have known the water was there and whether it was open and obvious to you that it was there. You don't have to go to the Dr. to have a claim, but the fact that you haven't makes me wonder if making a claim would be worth the time, effort and cost.
    Answer Applies to: Alabama
    Replied: 9/14/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Only if you seek medical attention and you have a injury.
    Answer Applies to: Utah
    Replied: 9/14/2015
    S. Joseph Schramm | Joseph Schramm
    You might have a case as you didn't see the liquid which caused your fall. Much might depend on how long a period of time the puddle might have gone unnoticed and that could be determined by whether there were any employee inspections of the aisle or display and, if so, when the last one occurred. It could also turn on whether anyone had reported a spill around the display and the time it would have been reported. However, how much your damages might be will be determined to a great extent on the nature of your injuries. If you have not felt so bad as to seek medical care that is a good thing because to recover a large amount of damages usually means that a person has sustained some severe injuries such as broken bones and permanent disability. However, since you apparently not sustained any crippling injuries, lost any time from work or both, your damages would probably not be as great.
    Answer Applies to: Pennsylvania
    Replied: 9/14/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    It's hard to know whether you have a case that's worth an attorney without some medical analysis.
    Answer Applies to: Colorado
    Replied: 9/14/2015
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    Not much of one without medical treatment establishing your injuries. There may be liability-fault , but not much in the way of damages without medical treatment and medical proof of injuries, generally permanent in order for the claim to have much value.
    Answer Applies to: Florida
    Replied: 9/14/2015
    Ty Wilson Law | Ty Wilson
    If you have no medical care you have no damages with which to seek a claim. That said the question will be if there was a significant amount of water could you have noticed it? That is what the store's attorneys will argue. If you do not feel the need to seek medical attention, I would leave it a lone and not pursue a claim. However if your pain increases to the point where you have a serious injury (something requiring surgery), then you should pursue it. When in doubt reach out to a personal injury attorney and give them specifics. Good luck.
    Answer Applies to: Georgia
    Replied: 9/14/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Difficult to tell from what you related. Additionally you have not disclosed ant significant damages which would make the case worthy of significant investment.
    Answer Applies to: Michigan
    Replied: 9/14/2015
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