What is the store's responsibility if I slipped and fell? 31 Answers as of July 11, 2013

I was at an electronics store and someone had spilled water on the white tile floor which I did not see, I then slipped and fell. I reported it right after it happened and then went to the Doctor to get checked out. Nothing is broken. The store said they would pay for the doctor bill. However, I am still in a ton of pain. When this happened it seemed like they tried to bribe me by offering me a soda/snack to and let me sit down then leave. Should I see an Attorney to file a law suit?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Cary J. Wintroub & Associates
Cary J. Wintroub & Associates | Sheldon J. Aberman
The store bears responsibility, if and only if, it knew or should have known of the spilled water before your fall. In the event that the store bears responsibility, you are entitled to the damages that you sustained, which were proximately caused by their negligence. Such damages include: reasonable and necessary medical expenses, pain and suffering, and loss of normal life. Separately, I don't believe it ever hurts to obtain a free consultation from an attorney to evaluate the facts of your case.
Answer Applies to: Illinois
Replied: 6/13/2011
E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
Generally, slip and fall type injuries can be difficult to pursue and the ability to recover from the store will depend on numerous factors. I would recommend going to your family physician if you are still in pain and then call an attorney to set up a meeting to discuss all of your questions and concerns in person. I wish you the best of luck with your case. Thank you.
Answer Applies to: Ohio
Replied: 11/6/2012
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
Yes, you should discuss with a lawyer.
Answer Applies to: Delaware
Replied: 6/10/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Generally, the duty of the landowner to a business invitee, such as yourself, is to repair dangerous conditions or warn against them if they cannot repair them. However, you must prove the store knew or should have known of the hazard before their duty is triggered. So, you need to have a witness that had reported it, a statement from an employee that they knew about it, but failed to clean it, or circumstantially show it was there for a long time. If there appeared to be foot prints tracking through it such that many people obviously walked through it over an extended period of time, then you could reasonably reach an opinion that it had been there for approximately an hour or more depending on the number of people in the store. Further, if they created the hazard, then you need not show knowledge. Ultimately, the extent and duration of injury will set the damages value. Don't rush to settle assuming your facts support liability. You have two years from the date of injury to file suit. Slip and falls can have value. I have in years past had settlements, including one six figure case that involved soft tissue, herniated disc, rather than broken bones. If you continue to have pain, find a lawyer to review your facts or call me if you are not too far away. Stay well.
Answer Applies to: Alabama
Replied: 6/9/2011
Law Office of Sam Levine, LLC
Law Office of Sam Levine, LLC | Sam L. Levine
Please call an attorney in your area so that you can provide more detail. Good luck!
Answer Applies to: Georgia
Replied: 6/9/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    The store may have some liability depending on how long the spill was present. In any event you should seek out a qualified attorney to discuss the possibilities of a claim.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 7/11/2013
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You will have to prove the water was there long enough to give the store notice, or that a store employee caused the spill.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    The store is not automatically at fault, it is up to you to show that the water had been there long enough that the store either knew about it or should have known about it. If you can prove that, then you could pursue a claim against them.
    Answer Applies to: Texas
    Replied: 6/9/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    You should consult with an attorney to determine the facts of your case. In Va. It matters how the water got there, how long it had been there, etc. The attorney will then advise if you have a cause of action.
    Answer Applies to: Virginia
    Replied: 6/9/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    In NC you have to prove the company knew or should have known of the water. If you cant prove that you have no case. That is why lawyers judges and juries (and insurance companies) don't like slip and fall cases. If you cant prove knowledge by the company take your med pay or whatever you can get and get on with your life. Always see a PI lawyer about such things. Don't try to take out your own appendix or try your own lawsuits.
    Answer Applies to: North Carolina
    Replied: 6/9/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    If the store failed to keep the premises in a reasonably safe condition then any injury incurred as the result of the store's failure, would give rise to a possible law suit. this would also depend on how long the dangerous condition existed. there are too many unanswered questions for me to give you any more information than that. you can call me to discuss the issues further.
    Answer Applies to: Florida
    Replied: 6/9/2011
    West law Office
    West law Office | Russell West
    Slip and Falls can be difficult cases as even though there was some water on the floor it may not be negligence on the part of the store as it is not possible to always see what a customer has done by spilling some water on the floor. However the store probably has premise liability insurance that should pay for medical bills regardless of fault but do not always pay additional for pain and suffering. If you are still in pain you should probably seek some physical therapy to help resolve your symptoms.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: Unless they had prior knowledge of the water on the floor, the land owner is not a guarantor of your safety, so it is unlikely you have a viable claim. From your facts, it was clear water on a white floor, which was evidently virtually invisible. The store employees are not required to walk around looking for wet spots. The law in Oregon generally favors the landowner.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The store is probably not liable. You would have to show that the store either put the water on the floor, or that they knew about the water and failed to do anything about it. I doubt they were trying to bribe you, they were probably just being nice. You might consult an attorney for another opinion, but I would accept their offer of paying your bills.
    Answer Applies to: South Carolina
    Replied: 6/8/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    It's an issue of notice. If the store was not on notice (in other words, they were not aware of the spill), then you might have a very tough time. Offering you a drink is not bribery. Paying your bills is reasonable. You don't necessarily have much of a case that a competent lawyer wants to handle.
    Answer Applies to: Florida
    Replied: 6/8/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If your injuries extend past a normal recovery period, you may have basis for the suit if we can show that the store was negligent. There is no issue with the store offering you a soda or snack. That will not impact the case. Any attorney will look at the medical records to determine the extent of the injuries.
    Answer Applies to: Pennsylvania
    Replied: 6/8/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    It is always good to speak to an attorney. Depends on how long the water had been there and if the store employees knew or should have known about the spill.
    Answer Applies to: Florida
    Replied: 6/8/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It all depends on your injuries and if you can prove the store was negligent. Just falling in their store does not make them liable. You should continue to treat and talk to a local injury lawyer.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Slip and falls are difficult cases, but you may have a valid suit. It depends on how long the spilled water was on the floor. See an attorney right away to ask if they will contact the store and ask them to preserve the video surveillance and to obtain the cleaning records which most stores maintain for these types of claims. Their insurer will likely have a med-pay policy that will cover your medical expenses regardless of any fault on their part. You or your attorney can confirm the existence of med-pay and if you need physical therapy or chiropractic treatment, it should be covered up to the limit of their med-pay, which is usually $5000 or $10,000. Ask and they should disclose the limit.
    Answer Applies to: California
    Replied: 6/8/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Slip and fall injury claims are an essential part of any accident attorney's law practice. The laws and rules governing slip and fall cases vary from state to state. It is important to know where your accident happened in order to provide you with useful information. In Virginia, slip and fall cases require that the plaintiff prove notice of the condition before the accident or that the owner should have been aware of the condition based on the length of time the condition was present. In our firm website, there are several pages discussing the legal requirements for this type of accident. I am also happy to discuss your case if you want to give me a call. Good Luck.
    Answer Applies to: Virginia
    Replied: 6/8/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Despite the fact that it seems obvious the store should compensate you, it is not always the case. You should continue to go to the doctor and monitor your injuries. Assuming you have no broken bones and nothing that requires surgery, it probably is not a bad idea to have them pay your medical bills and call it even. While not very complex legally, these cases can be very difficult for claimants to win due to a number of factors.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Offices of H. Christopher Coburn
    Law Offices of H. Christopher Coburn | H. Christopher Coburn
    Liability in a slip and fall case is sometimes difficult to establish. Stores are not automatically responsible if you fall although they likely have insurance to cover your medical bills. For a personal case you would have to show the store was negligent in some way. You should get all the details and speak with an attorney.
    Answer Applies to: California
    Replied: 6/8/2011
    El Dabe Law Firm
    El Dabe Law Firm | Edmond El Dabe
    They did not try to bribe you. It is more likely they were just being kind and trying to make you feel comfortable. You should consult with an attorney so that attorney can evaluate if the store has any liability for your clip and fall.
    Answer Applies to: California
    Replied: 6/8/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Whether the store is legally responsible depends on a number of factors, including how long the water had been on the floor and whether the store had reasonable procedures/policies in place to identify and clean up such hazards. The store is unlikely to accept responsibility unless you hire a lawyer who can conduct an investigation into these issues. Good luck.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You should consult with an attorney in your area because it does appear that you have a claim.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, you need to prove that the store had actual notice of the water and failed to timely clean it up, or they had constructive notice, which means it had been on the floor long enough so that they should have cleaned it up in the exercise of due care. If you can't prove either of those, then you would be in good shape if they pay for all of your doctor's bills, but I think they'll say they will but ultimately won't pay all of your bills, which will drive you to an attorney in the end anyway.
    Answer Applies to: Florida
    Replied: 6/8/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    In most jurisdictions, it depends upon how long the liquid is on the floor. If someone spilled it, and the store did not have the opportunity to find out about it and clean it up, then they are not liable. The person who spilled is, but usually their identity is unknown, and they don't have insurance to cover the loss. If it had been there for over a day, then they should have cleaned it up, and they are liable.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You should certainly see a lawyer to discuss your claim. Whether or not you have a claim worth pursuing will depend on how long the water was present on the floor before you slipped in it, whether there was any warning about the condition, what your injuries are, and what other damages you have suffered.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Premise liability cases are very difficult. The store has a responsibility to respond to the hazard in a reasonable way within a reasonable time. If the water was spilled 2 minutes beforehand and there is no way an employee could have known of the hazard then the store is likely not liable for your injury. If it was spilled 2 hours before and employees walked by the hazard without cleaning it, then they are being unreasonable and the store is liable. I suspect your circumstances fall somewhere in between, as do most cases. It they are agreeing to pay for your Dr. bills they may have accepted liability and they should pay you for your pain and suffering as well. However, some business owners carry a no fault insurance policy up to a certain amount for situations just like this, so they may not be accepting liability, but rather submitting it under this clause of their policy. The short answer is that you should talk to an attorney. The attorney can ask you all the right questions and give you a fair assessment of your case. He or she can also contact the business and find out if they are accepting liability and then advise you on the best course of action. Good luck.
    Answer Applies to: Oregon
    Replied: 6/8/2011
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney