Re-Injured Knee in Fall at Grocery Store...

by Cindy
(Lake Havasu City, AZ)

I slipped and fell, on my already injured yet almost healed knee, on a puddle of water at the grocery store. Now my knee feels as though all the healing it has done in the past year is lost.

What is the store liable for?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Re-Injured Knee in Fall at Grocery Store...":


You are in for a difficult and uphill battle. Because you have what is referred to as a “pre-existing injury,” trying to prove where the previous injury left off and the new injury began is almost impossible. Unless the new injury is so completely unique as to be judged separately, your efforts to recover compensation for the new injury will be difficult at best.

We would suggest you seek medical assistance at the earliest possible time. Concurrently we urge you to speak with the grocery store manager and ask her to make a report of the fall and injury.

Ask the manager to turn the report over to her supervisor. Make sure the manager understands you have been injured on their property and expect to be reimbursed for any of your medical bills, out of pocket expenses such as bandages or medicines, and if you have lost any time from work while seeking medical attention and during your recovery period make sure you inform them you are expecting reimbursement for lost wages as well.

If you are not contacted by a representative of the grocery store, or their insurance company within a reasonable time you will have the option of filing suit in Small Claims Court.

In the State of Arizona the maximum limit for lawsuits is $5,000 dollars. Even if your medical bills are $500 dollars the law allows you to sue for an additional amount of $4,500 dollars for the mental anguish you suffered as a result of the injury and the company’s failure to compensate you fairly.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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by: Cindy

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