Slipped and fell in the store front: who is liable?

by Guest » Mon Jun 30, 2008 12:35 pm
Guest

I wasn't sure where it post this so I am putting it here. Yesterday I slip and fell on a puddle of water at a nationwide large chain store. I told the manager and filled out the report. I wanted to know what my options are because last night I was doing ok but this morning I feel like a truck ran over me. Can someone help me?

Total Comments: 49

Posted: Mon Jun 30, 2008 04:18 pm Post Subject:

Do you have any type of health insurance? They would be able to address the loss. If you feel that medical treatment is required, you should seek it regardless of who's going to pay the bill.

Most larger retailers have Medical Payment coverage on their policies that can be extended to address people injured regardless of liability. But until you speak to an adjuster, it's unknown if this store carries it (it's standard on a commercial general liability policy).

Liability really depends on the details. Why was the water there, how long was it there, where was it, etc.

Posted: Tue Jul 01, 2008 12:31 am Post Subject:

I'm with tcope if you're hurt and need to see the doc, then by all means go to the doc. What can you expect? The adjuster will call and likely take a statement, and explain what coverages (if any) are available...You don't say where on the property you fell, what the liquid was etc...There will be a lot of questions that need to be asked to determine if any negligence is present.


(I deleted your duplicate post Misty, it's fine it happens some times to all of us...)

Posted: Tue Jul 01, 2008 04:24 am Post Subject:

Liability really depends on the details. Why was the water there, how long was it there, where was it, etc.



Tcope has pointed it quite correctly and it'll take little time to establish the liability. Meanwhile, don't ignore the pain and visit the doctor immediately, and if necessary involve your health insurance carrier. They can, however, recover the amount that they will pay towards your claim, including your co-pay afterwards from the store line.

Posted: Tue Jul 01, 2008 05:09 am Post Subject:

Hi MistyCO,

Its jus out of curiousity that am asking-
Quite sometime back I had a netpal named Misty Valdez who was from CO Springs (Aspen Ave.). We are not in touch anymore for the last 6-7 years..
Are you the same person by any chance!
Regards, anonymous00

Posted: Tue Jul 01, 2008 11:07 am Post Subject:

I just noticed the subject line... sounds like narcolepsy. :)

Posted: Tue Jul 01, 2008 11:08 am Post Subject:

just noticed the subject line... sounds like narcolepsy

:lol: :lol: :lol: oh my gosh T, I'm going to have to get plastic to put over my key board! You're killin' me brother! :lol: :lol: :lol:

Posted: Tue Jul 01, 2008 03:09 pm Post Subject:

I was in the beer isle of the store, I picked up what I needed and had a couple of other things in my hands. There was a vendor off loading a cart so I went around him (there was plenty of room) there was what I am hoping was water (it was a clear fluid) on the floor. I didn't see it until I was sitting it it.

Posted: Tue Jul 01, 2008 03:12 pm Post Subject:

Oh, and yes I have health insurance and going to see the doc. This happened in Texas. I was given a card with an 800 number on it. I called and the lady transfered me to someone in customer services. I left a message but he hasn't called me back.

Posted: Tue Jul 01, 2008 05:20 pm Post Subject:

If you have health insurance, that is GREAT! You can seek medical treatment and have your health carrier initially address the bills. If appropriate, they can seek recovery from the at-fault party.

I was in the beer isle of the store, I picked up what I needed and had a couple of other things in my hands. There was a vendor off loading a cart so I went around him (there was plenty of room) there was what I am hoping was water (it was a clear fluid) on the floor. I didn't see it until I was sitting it it.

Were you asleep? :) Just kidding!
These are always interesting and we were talking about this in another thread. There are several things that apply in this case. what was the fluid on the floor, where did it come from, should you have seen it (you mentioned carrying several items... does the store provide baskets for this, etc), how long had the fluid been there, what process does the store have in place to locate hazards such as these and what is their policy once they are located, why type of shoes were you wearing, etc. The adjuster will need to find the answers to all of these questions in order to address liability (i.e. to determine if their insured was liable and if so, how much).

Posted: Tue Jul 01, 2008 06:12 pm Post Subject:

Unfortunately I can only answer a couple of those questions. First No, I wasn't asleep. I am HOPEING that it was water. I can't tell you where it came from. the puddle was clear and close to the shelves so even though I was carrying items I don't believe I would have seen it. I can't tell you how long it was there. I don't know what the stores policy's are for locating and elimanated such hazards, however I do know that when i managed to get back up and I located an associate she didn't seem to concerned for either the puddle or me. I was wearing flip flops with the foamy type bottom that has tread on them.

Do I just ask my health carrier to call the store to seek settlement, or am I going to have to get a lawyer. Can i handle this myself, do I have the right to ask for any kind of settlement? I just don't understand what should I ask for and what is ridiculous.

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