Slipped on wet floor

[Proseguru]

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

I don't want to involve a lawyer and don't want a large settlement. I just want the gas station to cover my medical expenses and time off of work to seek treatment. Where should I start? What options do I have?

You need a lawyer I think. Why would you talk settlement now? You're going to see a doctor...see what he says.

You're not going to get rich but a lawyer will insure all the bases are covered. Plus, they just don't say : here's a pile of money for you. Your delay in seeking medical treatment is an issue.

 

[Zigner]

I see the "fill the OP with false hope" crowd is here

 

[armstrong1988]

It is your fault so why would the gas station pay for your expense? I just don't get it. The weather is not good and you know its wet because of the weather you should be more careful on walking that time. You have no case for that sorry. But next time you should be very careful so you will not fall again or the incident will not gonna happen again. Get well soon!

 

[Adam G]

Those jobs can be filled legally. The farmers just need to line up migrant workers or pay a sufficient wage, with reasonable working conditions.

Yeah, that's it.

http://www.colbertnation.com/the-colbert-report-videos/400778/october-26-2011/alabama-s-migrant-workers

 

[Mass_Shyster]

I just don't get it.

google "duty of landowner to invitee"

 

[mistole]

For those who realize that the station does have at least some fault for failing to provide a safe floor structure, I have a follow up question. I saw my doctor today and she determined it is most likely either a sprain or torn cartilage. To determine if it's torn cartilage, I'll need an MRI. She suggested wearing a brace, having restricted movement and taking Aleve for 2 weeks. At the end of the two weeks, it should be significantly better if it was just a sprain. In that case, I'm just out $100 for the office visit and $20 for a brace, so it's not a big deal. But if it's not better after two weeks of restrictions, then I'll need an MRI and most likely will need surgery. If that's the case, I'm looking at thousands of dollars in medical bills (I have high deductible health insurance) and time off of work. In that case, I will want to pursue compensation.

My question - should I go ahead and contact the station manager now and make them aware of the situation, or wait it out since the injury is documented in my medical records now? Thanks!

 

[mistole]

It is your fault so why would the gas station pay for your expense? I just don't get it. The weather is not good and you know its wet because of the weather you should be more careful on walking that time. You have no case for that sorry. But next time you should be very careful so you will not fall again or the incident will not gonna happen again. Get well soon!

I did not know the floor was slick/wet. First - I had walked on other tile floors that day and didn't have any problems. Second - there were mats inside the door, and they were wide enough that both of my feet would have stepped on them before stepping on the tile. Yet the floor was still wet past the mats. Plus, the cashier admitted through her comments that they have additional rugs they put out when it rains and she had failed to do that. Hopefully this helps you understand why I believe the gas station should have some fault.

By the way - my career is in insurance so I am relatively familiar with premises liability, but only on the personal side. I'm seeking assistance because I don't know how to deal with a commercial entity and their insurance.

 

[las365]

If you plan to make a claim, the longer you wait to notify the party you believe is at fault, the worse your chances are at a recovery. I am neutral on liability in this matter. The clerk did see you fall, so if she remembers that, you have some proof of the fall, but as AdamG mentioned before, you already have the initial delay in seeking medical treatment working against you.

So if you are going to make a claim, do it now.

 

[Ladyback1]

I did not know the floor was slick/wet. First - I had walked on other tile floors that day and didn't have any problems. Second - there were mats inside the door, and they were wide enough that both of my feet would have stepped on them before stepping on the tile. Yet the floor was still wet past the mats. Plus, the cashier admitted through her comments that they have additional rugs they put out when it rains and she had failed to do that. Hopefully this helps you understand why I believe the gas station should have some fault.

By the way - my career is in insurance so I am relatively familiar with premises liability, but only on the personal side. I'm seeking assistance because I don't know how to deal with a commercial entity and their insurance.

If you're in insurance then you know what "reasonable and prudent". A reasonable person would have assumed the floor in front of the doors could have been slick and a prudent person would have exercised caution.

 

[Adam G]

If you're in insurance then you know what "reasonable and prudent". A reasonable person would have assumed the floor in front of the doors could have been slick and a prudent person would have exercised caution.

Who said that OP didn't?

 

[las365]

Besides, a business like this one is likely to have no-fault medpay as a component of its coverage and to the extent of that coverage, liability is not an issue. The facts working against OP in my opinion are the lack of an incident report (because the clerk may deny knowledge of the fall) and the lapse between the fall and first medical treatment.

 

[You Are Guilty]

Some random thoughts:

Make your claim now, as in 5 minutes ago, and put it in writing to both the local store with a cc: to the corporate HQ. Be sure to include a demand to preserve all video footage of the event (to the extent any exists).

And oddly (to me at least), none of the insurance folks and lawyerly-like responders have mentioned the various sub-requirements to a negligence claim. The store is not responsible for putting out rugs across the entire floor, and while I have admittedly not researched it, I would be shocked if your state provided liability for "tracked-in" water (which this suspiciously sounds like). There may be notice issues as well.

With that in mind, if this remains a small injury, perhaps the store will be willing to compensate you without much effort on your end. Alternatively, if you do end up needing surgery, you will be beating the PI lawyers off your doorstep with a broomstick, just as soon as the bribed record-room clerk gives them the heads up that you have been operated on.

Either way, good luck.