Visitor Question

Is it too late to hold store liable if I left without filing a report?

Submitted By: Anonymous (Los Angeles, California)

I was at the supermarket and I slipped on a wet floor that did not have any posted signs. The manager saw and helped me up.

I hurt my knee, elbow and have pain in my back. The manager asked if I wanted to make a report but I said no initially. I was scared and really shaken up from the fall. I just wanted to get up and leave. I am also pregnant and didn’t want to stay longer. I was more worried that something might have happened to my baby.

The manager did get my information before I left though. He asked for my name and phone number and made a copy of my ID. What can I do? Is it too late to hold them liable?

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.

Answer

Dear Anonymous,

First seek immediate medical treatment. This is especially important as you are pregnant. If your physician decides your injuries are serious enough to require additional medical treatment, you should seek the advice and counsel of several personal injury attorneys in your area.

If your injuries do not require additional medical attention, ask the manager to pay for your visit to your physician.

The legal issue involved in your claim is “Premises Liability.” Under premises liability, store owners have a legal duty of care to do everything within reason to assure their shoppers are safe from undue harm and injury. This includes keeping the floors clean and dry. At a minimum, placing cautionary signs around the wet area should have been done. This absence of care is tantamount to negligence.

With negligence comes liability. As a result, the store owner can be said to have breached the legal duty of care owed to you. That breach makes the store owner responsible, or “liable” to pay your medical bills, out-of-pocket expenses (for such items as medication, travel to treatment, etc.), lost wages, and an amount for your pain and suffering.

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,

Published: October 19, 2017

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