I was at the grocery store and I slipped in some chicken juice that was on the floor. No signs were present. When I slipped I twisted my knee but I did not fall.
One of the guys working asked if I was ok, and then said that the chicken juice is from them bringing the chicken from the carts that they use to stock the chicken.
Another manager asked if I was ok and didn’t know what to do, so I tried to finish up my grocery shopping while still being in pain. I went back to the manager and he had the general manager there who also did not know what to do. He said he would write an accident report and let his supervisor know.
I asked him if he wanted my name and phone #, he said someone will probably call me tomorrow.
I took down his name and went to the doctors office.
Do I have a case? Or what do I need to do? This is my first time dealing with something like this. Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Businesses have a legal duty to take reasonable care to make their premises safe for customers and other persons who are legally upon the property. In this case it appears the grocery store breached its duty of care. That breach is referred to as the store’s negligence.
Primary factors to consider in ascertaining whether the (grocery store’s) conduct lacked reasonable care are the foreseeable likelihood that the store’s conduct would result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.
Before considering whether or not you want to pursue an injury claim against the grocery store, seek medical attention. If you are not injured, you really don’t have a sufficient basis for personal injury claim.
Learn more about liability in slip and fall claims here.
At a minimum you have a right to reimbursement for your doctor’s bill resulting from your visit after twisting your knee, possibly a prescription for medications, and for your lost wages, if you had to miss any work because of the injury and doctor’s appointment.
For now, it appears your injury may be “soft tissue.” Soft tissue injuries normally include strains and sprains of muscles, tendons and ligaments, minor bruising, minor burns, and the like. More serious “hard injuries” can include fractures, head trauma, deep gashes requiring stitches, scarring, 3rd degree burns, and the like.
Return to the grocery store and speak with the manager. Ask for a copy of the incident report created at the time you twisted your knee. While the grocery store isn’t under a legal obligation to give you one, it doesn’t hurt to ask.
Tell the manager you were injured and are currently under medical care. Ask the manager for the name of its insurance company. Contact the insurance company and tell them you were injured on their insured’s premises. Make clear to them you are still seeking treatment for your injury.
The insurance company should open a claim and investigate the circumstances leading to your injury. From the facts your present, there doesn’t seem to be any reason the insurance company will deny your claim for compensation for your damages. Because of the spilled liquid, and the grocery store’s failure to promptly clean it up, the injury you sustained was “foreseeable.”
In the event your injuries turn out to be more serious hard injuries, seek the advice and counsel of a local personal injury attorney.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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