Slip and Fall in a Grocery store.

[mandyg121]

What is the name of your state? PA

I recently slipped and fell at a grocery store. I leaned down to pick up a 12pack of soda, and slipped and fell. Having been humiliated, I got up right away, briefly looked at what I slipped on (clear fluid - obviously, or I wouldn't have fallen on it) and noticed NO SIGN stating there was a wet floor. Clearly, this was a spill. I immediately went to a cashier to notify them of the spill. Their response to me was "If we knew it was there, we would have cleaned it." (Obviously - I mean, if I knew the spill was there, I wouldn't have fallen)
They didn't apologize or ask if I was okay.
I checked out, and left. I was so embarassed. Within 10 minutes of checking out, I realized I needed to call the manager and tell them what happened. I called and spoke to her, and she asked if I was okay. I told her my knee hurt, and that it was hard to walk, and hopefully I'd be okay, but I didn't know at that point.
A couple hours later I called my family doctor. I asked if I should go to the ER and they advised me to ice it and come in for an appointment in the following morning if I was still in pain.
I did just that.
The next morning, I made my appointment, went in, and sure enough my knee is sprained. The Dr. wants to see me back in 2 weeks. If it's still swollen, I need to get an MRI. Their biggest concern is possible torn ligaments.
I am irritated at the fact that they didn't show any concern. (Welcome to the real world, I guess!) I had my 1 year old with me, and had I been holding him, this could have (I know the key words are "could have") been much more disastrous. I was humiliated and now I'm in pain. This stinks.
Is there a case here? Or hardly? The store does have surveillance - would that help? I've never "sued" anyone before, so I need some answers...anyone?

 

[justalayman]

and the winning numbers are

7, 12, 18, 29, 33, and 41

if those are not the numbers on your legal lottery ticket, we thank you for playing but you have not won. Please try again.


if you cannot prove prior knowledge of the spill on the stores part or that it was something that was recurrent and they did nothing to abate that or resultant injury, you don't have anything.

you can't hold somebody accountable for an unkown unless it is something they should have known.

If you can prove that, go for it.

It never hurts to try to get them to pay for you damages anyway. Sometimes businesses pay out of goodwill or to avoid the hassle of a possible lawsuit.

 

[mandyg121]

if you cannot prove prior knowledge of the spill on the stores part or that it was something that was recurrent and they did nothing to abate that or resultant injury, you don't have anything.

you can't hold somebody accountable for an unkown unless it is something they should have known.

Thanks for the info. My attorney is contacting them to obtain, or do whatever with, any surveillance from the store that evening. I wonder if that will show when the spill occurred? Hm...we'll have to see maybe I will be a lottery winner after all.

 

[fairisfair]

unless it shows one of the store employees covertly placing the spill where they know someone will slip in it, your surveillance tape will just allow you to relive your humiliating event. Enjoy the movie.

 

[tranquility]

They have a duty to check as well. If an employee saw it and did nothing, they are liable. If they didn't check reasonably, they are liable. I'm sure there is a range of time in PA case law as to what reasonably means depending on the circumstances. If it was just spilled a couple of minutes ago--no liability. A couple of hours? Probably liable. My wife is an insurance adjuster and a lot of money is paid out on slip and falls every year.

 

[justalayman]

My wife is an insurance adjuster and a lot of money is paid out on slip and falls every year.

but are those payouts used as a means to make the problem go away or because they believe they are truly liable?


That is why I suggested at least asking. Lawsuits can be a very expensive endevour and a relatively small payout now is often an effort to minimize the insurance companies ultimate costs.

 

[mandyg121]

unless it shows one of the store employees covertly placing the spill where they know someone will slip in it, your surveillance tape will just allow you to relive your humiliating event. Enjoy the movie.

Thanks, I will enjoy the movie. I don't mind being humiliated all over again, knowing that I could very well be paid for it. Too bad you weren't humiliated on the grounds of the biggest grocery store chain in the US. Bet you wish you were!

 

[fairisfair]

Thanks, I will enjoy the movie. I don't mind being humiliated all over again, knowing that I could very well be paid for it. Too bad you weren't humiliated on the grounds of the biggest grocery store chain in the US. Bet you wish you were!

You just lost that bet.

chances are you are going to lose the next one too.

 

[mandyg121]

You just lost that bet.

chances are you are going to lose the next one too.

I might have lost that bet, but probably won't lose this next one. Thanks though! Oh, and it must feel really good to be a "senior member" here. What else do you do with your time?

 

[fairisfair]

I might have lost that bet, but probably won't lose this next one. Thanks though! Oh, and it must feel really good to be a "senior member" here. What else do you do with your time?

whatever I want to do with it. I do try to stay upright while shopping LOL

 

[CCMominVA]

What goes around comes around.....

While you might be looking for a big payday, just remember what goes around comes around....hopefully one day you won't be found negligient of something where that person is looking for a big payout at your expense.

I do think the store should be responsible for medical bills if they are found negligent, my elderly grandfather had the same thing happen to him at a grocery store. The store did take care of his medical.

But, in looking for a lottery type windfall, again...what goes around comes around.

 

[tranquility]

but are those payouts used as a means to make the problem go away or because they believe they are truly liable?

Clearly the cost of litigation is considered in any decision made. The policy and proceedures of the insured and how well they were followed play a big role in deciding what to do as well. Even then, a lot of what happens depends on the gut instinct of the adjuster. Sure, everything is all documented and an objective case can be made for any decision. But, when you see a few hundred of the same things a year, you get a sense of where something is going to go and act accordingly. In my wife's case, she's a soft touch for thinking there is at least some liability on the part of the store owner, but a bulldog on the amount of damages. When there is soft tissue injury where the only real "treatment" is diagnosing or chiropractic, she'll pay something but there isn't going to be any pain or suffering. The person will also have to jump through every hoop imaginable to prove up the damages before any money changes hands.

 

[BelizeBreeze]

This has gone on long enough.

1. your attorney has no legal right to subpoena or even ask for the security tapes.
2. you never identified where the display was located, what the liquid on the floor was, how and how long it was depositied or any other facts from which to determine, even a good guess, who has liability.
3. in any liability finding you will share in the blame. You failed to take 'ordinary care' in your actions.
4. If you pursue this then your entire medical history is open for subpoena.

From your post, and ONLY from the facts in your post, the best you can hope to receive is a portion of medical expenses. But not if I were on the other side of the courtroom.

 

[mandyg121]

While you might be looking for a big payday, just remember what goes around comes around....hopefully one day you won't be found negligient of something where that person is looking for a big payout at your expense.

But, in looking for a lottery type windfall, again...what goes around comes around.

Hopefully one day you aren't walking around in a grocery store and slip and fall, tearing ligaments in your knee and causing possible long term damage. Hopefully at some moment in reading these posts, readers will look at who posted the "lottery" subject first. I am not hoping to hit the jackpot through this company and I never said that I was. I responded jokingly to the cynic who posted that I did not win the lottery. For the next time, read all the posts before you jump the gun. Thanks.

 

[mandyg121]

This has gone on long enough.

1. your attorney has no legal right to subpoena or even ask for the security tapes.
2. you never identified where the display was located, what the liquid on the floor was, how and how long it was depositied or any other facts from which to determine, even a good guess, who has liability.
3. in any liability finding you will share in the blame. You failed to take 'ordinary care' in your actions.
4. If you pursue this then your entire medical history is open for subpoena.

1. Is that why my attorney has submitted a letter to the company asking them to withhold the surveillance for legal purposes? Don't state something, unless you know it's factual.
2. No, how am I supposed to know how long the spill was on the floor? And how would you if you were in my position? That would be what the surveillance is for.
3. The store failed to take "ordinary care" in keeping an eye on their property.
4. What do I care if my medical history is open for subpoena?