Ask a Lawyer - Archive



   
Elements of a Slip nd Fall Dase
Daniel B. Ross

Q. 

I slipped and fell down in Safeway, I was standing in the freezer aisle waiting for my husband to come around from the other side. Next to me was the shopping cart and my 3 year old son. My back was sort of against the glass doors in the freezer dept. I moved over a foot and slipped on a puddle of water, (and no I couldn't see the water) my left foot came out from under me, and caused me to slip into the front splits. I was able to catch myself on the shopping cart and back head lightly hit the doors. I was alright for about 5 min, when I walked up to the manager and told her, I filed a claim with the store. She told me that the freezers were defrosting. There were NO warning, wet floor signs anywhere.

I did go to the ER and they did an xray and no broken bones but probably pulled something, the pain is all down my Right leg and into my lower and into my neck.

I have spina bifida occulta, so the pain is worse I think cause of that. Safeway told me today that they have to decide who is at fault. Well its not me.

What usually happens after this?? When I took the asst manager back to show her, there were a few puddles on the floor.



-- Anonymous

A. 

I am sorry to hear about your injury. Your case is difficult because it's what's known as a "premise liability" case. Essentially, you would need to show that there was an unreasonably dangerous condition on the premises, the owner knew or should have known of the condition, and the owner failed to correct and/or warn of the condition. These types of cases are difficult to prove, and the point of contention is usually whether the premise owner knew or should have known of the dangerous condition. I suggest you contact an experienced personal injury lawyer in your area to discuss your legal options. I wish you the best and hope for your speedy recovery. Good luck!

Daniel B. Ross
Ross Law Group
Austin Personal Injury Lawyer

-- Daniel B. Ross






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