I was in a grocery store and slipped on a puddle of water and my shin hit the cart. The store assumed one hundred percent responsibility. They said an employee left a cart of broccoli to thaw and wasn’t paying attention. I had excruciating bone pain and a really ugly bruise and bump for almost nine weeks.
My medical bills were minimal. My doctor refused to take an x-ray and said bone pain “hurts like the dickens.” Allstate offered me $100. I think I should get more. The store is liable and didn’t take care to protect me and my pain was awful. I want to be compensated fairly.
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.
The legal doctrine upon which your slip and fall accident relies is Premises Liability. Premises liability refers to the legal duty a property owner has for the safety and well-being of those persons legally upon the property.
To be legally responsible for injuries to a person legally upon the property, the following conditions must exist:
- The property owner, property manager, or an employee must have created the dangerous condition which caused the person to slip and fall. This might include failing to clean up spilled water, clearing obstructions, maintaining adequate lighting, and the like.
- The property owner, property manager, or the owner’s agent knew, or should have known the dangerous condition existed, and failed to eliminate or correct it.
- The dangerous condition caused the injuries
In most cases, when the property owner fails in his or her duty, and a person is injured, the property owner becomes responsible for the injured person’s medical bills, and related expenses. The amount of compensation is normally computed by an extrapolation of the medical bills.
In relatively minor injuries, it would not be unreasonable for an insurance company to offer 1.5- 2 times the amount of the injured person’s medical bills.
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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