Slipped on water in grocery store

[pardue]

What is the name of your state (only U.S. law)? NC.

I need some advice. Yesterday I went to grocery store. I was pushing shopping cart through the bakery dept and slipped on a puddle of water which I didn't see. My right leg hit the bottom of the cart and tore the skin in 2 spots. I ripped my skirt too. Thank god I had my cart to hold on to or I would have gotten really hurt. I immediatly told the guy in the bakery dept. He didn't even ask me if I was ok just that he would clean the water up and that he would tell the manager. I waited for him to call the manager but he didn't. So I hobbled over to the front desk, paged the manager, told him what happened and showed him my leg. He had no idea what to say. He asked if I needed an ambulance...which I didn't but my leg was starting to throb! He didn't ask me to feel out any paper work or really show any concern about me being hurt. No offer of a chair or ice pack.
I go to this grocery store all the time!! They know my face. Today my right leg has a silver dollar size bump under my knee and its bruised all down the front of my leg. My leg throbs...my left knee has a bruise on it to.

The bad thing is, I fell in this store a year ago on sour cream, which they didn't clean up. My legs were pretty messed up. I reported it to manager but nothing was done about so I let it slide.

I'm going to the dr tomorrow just to have him look at it. What should I do? Do I have a case?

Thanks for your time...

Angela

[Antigone*of*Greece]

Originally Posted by pardue

What is the name of your state (only U.S. law)? NC.

I need some advice. Yesterday I went to grocery store. I was pushing shopping cart through the bakery dept and slipped on a puddle of water which I didn't see. My right leg hit the bottom of the cart and tore the skin in 2 spots. I ripped my skirt too. Thank god I had my cart to hold on to or I would have gotten really hurt. I immediatly told the guy in the bakery dept. He didn't even ask me if I was ok just that he would clean the water up and that he would tell the manager. I waited for him to call the manager but he didn't. So I hobbled over to the front desk, paged the manager, told him what happened and showed him my leg. He had no idea what to say. He asked if I needed an ambulance...which I didn't but my leg was starting to throb! He didn't ask me to feel out any paper work or really show any concern about me being hurt. No offer of a chair or ice pack.
I go to this grocery store all the time!! They know my face. Today my right leg has a silver dollar size bump under my knee and its bruised all down the front of my leg. My leg throbs...my left knee has a bruise on it to.

The bad thing is, I fell in this store a year ago on sour cream, which they didn't clean up. My legs were pretty messed up. I reported it to manager but nothing was done about so I let it slide.

I'm going to the dr tomorrow just to have him look at it. What should I do? Do I have a case?

Thanks for your time...

Angela

You didn't hit the law suit lotto, but you should get reimbursed for any damages.

[justalayman]

I think you should shop elsewhere. Whether you have an action or not aside, if you keep shopping there, you are going to get killed.



actually, I disagree with any above in part. While a simple request should get the injuries covered, if you can prove the water was a known hazard (you can do that can't you, as in they knew about it for a reasonable time and failed to clean it up) you could probable get a small payment for pain and suffering.

[ecmst12]

Your leg will heal. It doesn't sound like you have any serious injury. They should pay your medical bills.

[JessiesGirl]

Justalayman, I was thinking that myself that if this poor person keeps shopping there, they will fall victim permanently!! Then, I thought, nah, not funny. But, you know what, it is!!!


Sorry to the OP, just cause I am having a bad day and needed the humor doesn't mean I mean disrespect to you. By the way, what J said is correct.

I hope you feel better,

Kathy

[Degatide]

HI, First thing is take pictures of the leg. Then go back to the market and ask the Manager for the name of the Insurance company that carries the Liability on the Store. If he does not know it, than get the name and phone number of the home office and who you should talk to. I would then call them and tell them you are going to the doctor and where should you send the bills and if you work for loss of time. Hope this helps.

[ecmst12]

I don't see anything indicating this injury is severe enough to warrent missing work.

[pardue]

Thanks for everyones advice!!

My leg still hurts but that's to be expected...I have beautiful bruises on both knees and my right leg. ) They will heal in time.

For me its not about the money...I'm worried about someone else falling in this store and really getting hurt. I've been going to this store for 5 yrs. And I've spent a lot of money there. They need to keep those floors clean for customers like me! I've decided to shop elsewhere... They have lost a great customer.

I've called there headquaters and reported it but you never get anywhere with those people. They could care less.

Thanks again for everyones time.

Angela

[tranquility]

It depends on if they knew or should have known of the water. Since you were a customer, they have a duty to make a reasonable inspection of the premesis for danger. Water could be considered a danger. How did it get there? How long ago did it get there? Do they have a reasonable inspection policy? Were they told of the water and did they deal with it in a reasonable time?

Much of the theory behind this was back in the late 1800's with the railroads and banana peels. Seriously, banana peels. I've read old cases where the judge would go through long explinations on how banana peels turn brown with time and the evidence of the case turned on how brown the peel was.

While the store and/or insurance company may compensate you out of a business decision to avoid litigation or to keep a customer, a court case for such minor damages is going to cost you more than you would get. Make a demand for medical bills and some pain and suffering, negotiate down to your out of pocket costs.

[BOR]

Angela, I found a case online dealing with it. If you want damages outside the scope of pocket, you may need to see an attorney if they refuse.

Don't be confused this is a federal decision, it was a state case removed to federal court under the diversity statute.

Read from page 2 and on:


The parties agree that North Carolina substantive law governs thissuit. In North Carolina, a store owner is not an insurer of its premises.Hull v. Winn-Dixie Greenville, Inc., 175 S.E.2d 607 (N.C. Ct. App.1970). However, store owners must exercise ordinary care to keep their premises in a reasonably safe condition for business invitees. Raper v. McCrory-McLellan Corp., 130 S.E.2d 281, 283 (N.C. 1963).


[url]http://pacer.ca4.uscourts.gov/opinion.pdf/971479.U.pdf[/url]

[ecmst12]

Cases don't go to court when there are not significant injuries. I will promise you that whoever sued in that case had more then a couple of bruises. THIS OP is entiteld to get her medical bills paid, and no more. If they give her an extra $100 for her troubles, it will be exceedingly generous. A lawyer has no place in this situation at all.

[BOR]

Originally Posted by ecmst12

Cases don't go to court when there are not significant injuries. I will promise you that whoever sued in that case had more then a couple of bruises. THIS OP is entiteld to get her medical bills paid, and no more. If they give her an extra $100 for her troubles, it will be exceedingly generous. A lawyer has no place in this situation at all.

The Diversity statute calls for damages of at least $75,000.00, true! That does not mean she sued for that much, WM may have claimed such would exceed that, if awarded, and Petitioned for removal and it was granted?

The case law equally applies, regardless of damages, yes, if a trial ensues.

[ecmst12]

The whole point is whether a trial ensues is DIRECTLY dependent on the amount of the damages. It would be absurd to go to trial on a $100 injury when the trial itself will cost thousands.

[BOR]

Originally Posted by ecmst12

The whole point is whether a trial ensues is DIRECTLY dependent on the amount of the damages. It would be absurd to go to trial on a $100 injury when the trial itself will cost thousands.

I see your signature here:


Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.


Why do you say they are not about justice, only money? Other than money damages, what other relief/remedy is available when suing. I am not talking about a Declaratory action which requests no damages, just injunctive relief or such.

[ecmst12]

A judge can't award "justice". Justice is an ephemeral, emotional concept which generally doesn't have any business being discussed regarding civil law. Even in criminal law, justice is hard to pin down. If someone is truly seriously injured or even killed, the courts can't make the injury not have happened, it can't bring back a loved one, it can't restore function to a disabled body part. The only thing you can get from a lawsuit is money. The only thing a judge can award is money. The money may be to provide ongoing care for the injured person, to replace the income of the person who died, or just to provide some comfort to a wronged party, but it's not going to make the wrong things right, and won't necessarily even make it less likely to happen to someone else in the future. People need to be realistic in what they are looking for out of a claim or suit, and recognize what the legal system can and can't do.

OP's claim is not likely to make the store better about cleaning up spills. Once they turn it over to their insurance company, the probably won't ever hear anything more about it. And at the end of the day, OP was not damaged in any kind of serious or permanent way, so being out to try to punish the store is way over-reacting.