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Slip and fall on black ice.

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Jethro123

Junior Member
What is the name of your state (only U.S. law)? CT

I stopped to get gas on my way to an evening movie, hopped out of my car, walked toward the building and... THWAP! Down to the ground I went. There was a patch of black ice caused by a leaky overhang above the pumps. Needless to say, I was a little shaken... and a bit angry. How hard is it to through some salt down, right? I went inside, everyone asked if I was okay. The owner immediately went outside to spread some salt on the area. Had I been an elderly person, they would have had a broken hip on their hands.

My question is simple- should I sue for pain and suffering (nothing is broken, I'm just sore from my neck down to my toes, and my left arm hurts)? I'm going to a doctor tomorrow- as luck would have it, I've had an appointment scheduled for weeks for a checkup. Should anything be determined to be injured/fractured etc... I will definitely pursue something. But what if it's all just bumps and bruises? What does one do in that case?
 


justalayman

Senior Member
What is the name of your state (only U.S. law)? CT

I stopped to get gas on my way to an evening movie, hopped out of my car, walked toward the building and... THWAP! Down to the ground I went. There was a patch of black ice caused by a leaky overhang above the pumps. Needless to say, I was a little shaken... and a bit angry. How hard is it to through some salt down, right? I went inside, everyone asked if I was okay. The owner immediately went outside to spread some salt on the area. Had I been an elderly person, they would have had a broken hip on their hands.

My question is simple- should I sue for pain and suffering (nothing is broken, I'm just sore from my neck down to my toes, and my left arm hurts)? I'm going to a doctor tomorrow- as luck would have it, I've had an appointment scheduled for weeks for a checkup. Should anything be determined to be injured/fractured etc... I will definitely pursue something. But what if it's all just bumps and bruises? What does one do in that case?
so, how long was the ice there? Was the station operator aware of the situation prior to your incident? If so, how long before? Is this the first year this has been an issue at that spot? Was it an issue any time prior to the time of your incident?
 

ecmst12

Senior Member
If nothing is broken (and if it was, you would know it already), then you're not going to get any money for this.
 

Jethro123

Junior Member
Yes, the owner was aware of the leaky roof, but 'didn't think the water had turned to ice yet'. It really did look like water... which is what 'black ice' is... so, obviously the owner was negligent. How long had the roof been leaking? Don't know. How long had it been icy? Also don't know the answer to that one. I was the first to fall on my tookus because of it, so there ya have it.
 

justalayman

Senior Member
so, you are saying the owner didn't know there was ice there. You don't know if this has ever been a problem before. You don't know that it didn't freeze moments before you slipped on it.

Want to take the time to explain to me how the owner was negligent based on the above statements?
 

Jethro123

Junior Member
common sense I guess. If the temps are below freezing, and a property owner has a dripping roof, one would think that there would be a pre-emptive remedy. I just stopped there to get gas, so I really don't know the answers to your questions. If they are relevant and necessary, I'll find out for you. All I know is that she was aware of the drip, she was aware that, in CT, in January, temps tend to dip below freezing.
 

Ohiogal

Queen Bee
common sense I guess. If the temps are below freezing, and a property owner has a dripping roof, one would think that there would be a pre-emptive remedy. I just stopped there to get gas, so I really don't know the answers to your questions. If they are relevant and necessary, I'll find out for you. All I know is that she was aware of the drip, she was aware that, in CT, in January, temps tend to dip below freezing.
you also said:
It really did look like water... which is what 'black ice' is...
If temps were below freezing and you saw water, why would you step towards it and walk on it? That whole common sense thing is on you.
Why would you not have taken caution to make sure you were walking carefully? You bear responsibility for your actions. It was not an open/obvious/known hazard to the owner that there was ice in existence. You weren't hurt to where it required medical attention. You get nothing.
 

Jethro123

Junior Member
I stepped out of my vehicle, took one step, and was on the ground.

It's funny though, I'm actually quite lucky. I could have bashed my head or something. If I had been elderly, broken wrist/broken hip.

My entire driveway is filled with ice, so while I appreciate the 'blame the victim' stance, it's quite unwarranted. I'm very cautious, and have not slipped on ice in my adult life. When one is walking into a store to pay for gas and possibly buy some Pringles, why would there be a worry that they might fall on their ass? How hard is it for the store owner to put salt down, or put up an orange cone so people are aware of the leak? While nothing is broken, I am sore and still angry at their stupidity.
 

Proserpina

Senior Member
I stepped out of my vehicle, took one step, and was on the ground.

It's funny though, I'm actually quite lucky. I could have bashed my head or something. If I had been elderly, broken wrist/broken hip.

My entire driveway is filled with ice, so while I appreciate the 'blame the victim' stance, it's quite unwarranted. I'm very cautious, and have not slipped on ice in my adult life. When one is walking into a store to pay for gas and possibly buy some Pringles, why would there be a worry that they might fall on their ass? How hard is it for the store owner to put salt down, or put up an orange cone so people are aware of the leak? While nothing is broken, I am sore and still angry at their stupidity.


Their stupidity?

They didn't walk before they looked ;)
 

Jethro123

Junior Member
Again, why would I assume there was a hazard there? The owner and employees were the ones watching the roof drip all day, not me. The rest of the area was bone dry and clear. It's not like this was the day of a snowstorm.
 

Proserpina

Senior Member
Again, why would I assume there was a hazard there? The owner and employees were the ones watching the roof drip all day, not me. The rest of the area was bone dry and clear. It's not like this was the day of a snowstorm.


Jethro, please re-read your own posts.

:cool:
 

Jethro123

Junior Member
What am I looking for?

It seems the majority opinion is that the store owner bears no liability. Furthermore, because my injuries add up to soreness and bruising, there is nothing to be compensated for. That was my initial question. Thanks for the education on the responsibilities of a store owner. It makes me a little less apt to believe any sort of 'insurance is so high because of bogus lawsuit wins' argument, that is for sure. I would have thought this was pretty open and shut, but that's not the case. Surprising, considering you always hear about crazy liberals suing their gym because they broke a fingernail... or some other nonsense. I suppose I should rethink my assumptions, as I actually did get injured by way of a careless store owner... hmmm....

Anyway, thanks all. It's been an interesting experience thus far.
 

Proserpina

Senior Member
What am I looking for?

It seems the majority opinion is that the store owner bears no liability. Furthermore, because my injuries add up to soreness and bruising, there is nothing to be compensated for. That was my initial question. Thanks for the education on the responsibilities of a store owner. It makes me a little less apt to believe any sort of 'insurance is so high because of bogus lawsuit wins' argument, that is for sure. I would have thought this was pretty open and shut, but that's not the case. Surprising, considering you always hear about crazy liberals suing their gym because they broke a fingernail... or some other nonsense. I suppose I should rethink my assumptions, as I actually did get injured by way of a careless store owner... hmmm....

Anyway, thanks all. It's been an interesting experience thus far.
Well, you're stating that the store should have been aware. Given CT temps etc., etc.

But in the same breath, you're asking why you should have also been alert and aware of the conditions.

It doesn't go both ways, y'know?

And save the hyperbole. It isn't helping your credibility ;)
 

Jethro123

Junior Member
Ah, I must assume you are looking at when I said that 'it looked like water, black ice, blah blah blah...'.

You do realize that I walked into the store after I fell onto the ground, right? And then I even walked back out so I could pump my gas. I didn't see the water/ice before I was on the ground. I saw it AFTER the incident. I saw what they saw. A leaky roof, a puddle of water, and a thin layer of frozen water on the concrete.
 
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