Visitor Question

Torn Rotator Cuff from Fall in Shopping Center…

Submitted By: Anonymous (Florida)

I took my daughter to the lab for blood work. We went to exit the building and apparently someone had vomited right outside the door. So as I opened the door and stepped out I slid in the vomit and fell. My lower leg landed in the vomit and the rest of my body fell outside of the puddle.

I called into the ladies at the front desk who saw me fall and told them that they needed to clean this up, that it was slippery and that I fell. While I was cleaning my leg off at my car they came out and threw water on the vomit.

I hurt my right shoulder and lower back. It still hurt bad after a few days so I called the lab and let them know. I went to my primary doctor after the pain persisted for almost 2 weeks. He sent me to an orthopedist. The orthopedist is sending me for an MRI of my shoulder and my lumbar spine. He believes I tore my rotator cuff and have soft tissue damage to my lower back. The only insurance that I have is medicare. I have to pay 20% of each treatment.

Is the lab or property owner of the shopping center responsible to pay any part of my medical bills?

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.


Dear Anonymous,

It would appear you have a solid claim against the owner of the property as well as the lab. Your injuries were not your fault. From the facts you present you were not contributorily negligent.

There are some cases in which the facts make it okay for a person to represent themselves. In a case like yours we strongly suggest you seek the legal services of a skilled and experienced Personal Injury Attorney.

Most Personal Injury Attorneys do not charge any fee for an initial office consultation. That said, call several of them and make appointments to see all of them.

Once you have visited with several of these Attorneys you will have a better understanding of your rights, and the obligations of the property owner and owner of the lab.

If you choose to retain one of these Attorneys you will not have to pay a dime out of your own pocket before or during the claim. You will only have to pay if, and when, the Attorney wins your case. If she loses you will owe her nothing – not even the cost of a paperclip.

It’s also possible your Attorney may want to send you to additional doctors. If so, you will in all likelihood not have to pay in advance to see them. These visits are usually borne by the Attorney, and if for any reasons you lose your case you will not be legally compelled to pay any of them.

The good news in your case is that the facts you present make your claim a relatively clear one. As a result it’s highly probable a lawsuit will never have to be filed. Instead your Attorney will use all of her skills and experience to negotiate a substantial settlement for you.

Learn more here: Business Liability Claims

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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