Slipped on a sheet of ice in a strip mall parking lot...

by Michia
(Dover, DE)

Going to a store I slipped on ice in the parking lot. I shattered both bones on the sides of my ankle, one bone in the back, and dislocated my foot. They had not put any salt down after the snow was plowed. I will need extensive medical care and it will cost a lot.

Are they responsible for covering all of this? How do I pursue them for compensation? I just kind of lost here. Thanks.

Visitor Question:
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ANSWER for "Slipped on a sheet of ice in a strip mall parking lot...":

Michia (Dover, DE):

To know whether the store is liable requires you to first know whether or not the parking lot was actually owned by the store, or if the store owner was wholly or partially responsible for its maintenance. If so, then your personal injury claim against the store seems quite solid.

Hopefully, at or about the time of your injury someone reported it to the store. The existence of a store “incident report” created specifically for your injury will be important to your claim.

From the facts you present, presuming the store owns, or is responsible for the maintenance of the lot, you have a very strong case. It is unlikely you contributed to your own fall. As long as you weren't intoxicated, or otherwise impaired, there doesn't seem to be any doubt as to the liability of the store owner.

There are some injuries which are referred to as “soft tissue” injuries. These injury claims can normally be handled without an attorney. Soft tissue injuries normally include sprains and strains to muscles, tendons and ligaments, minor bruising, cuts and abrasion, etc.

But your injury is not a soft tissue injury. It is a “hard injury.” Hard injury claims should always be handled by an attorney. Your medical bills will be substantial, and it goes without saying you endured, and will continue to endure, substantial pain and discomfort.

To secure a fair and appropriate settlement for hard injuries often requires complex negotiations, the filing of a lawsuit, medical expert witnesses, court hearings, and more. You would be doing yourself a disservice to proceed in your claim without legal counsel.

Most personal injury attorneys do not charge for initial office consultations. Nor do they charge any fee until, and unless they win or settle the claim. Speak with several attorneys in your area. You will be glad you did.

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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