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Slip And Fall

Discussions relating to Personal Injury Law

Slip And Fall

Postby Arnleif » Sat Nov 26, 2016 10:37 pm

on 03/15/2007 my boyfriend and i was shoping in a Ross deparment store as i was walking down the aile pushing a shoping cart i did not notice a puddle of(water) clear substance due to the fact there was no caution sign no orange hazard cones waring the spill, causing my feet to slip apart bringing me to fall down to the floor i was trying to hold my self up with the cart but being 7 1/2 months pergnant my weight was to heavy forcing me to let go of the cart.my boyfrienf notice me on the ground and came to help me up which was diffcult to get my balance due to the fact that there was so much water my feet keep on slipping.It took a staff memeber several min to attend to me and clean the spill.I filled out a accident report then was driven immeditly by my boyfriend to the e.r. I was having abdominal pain they admmited me to a room notifing me that i was having contracting,i was on a mointer for contractions as well as another mointer for the babies heart beat.The doctors had to give me meds to stop the contraction and called my o.b. to check me and release me to go home.I was at the hospatial from about 7:30pm till 12:15am Due to this i am now having back pain and i'm very stress and concern about my unborn child health as well as mine.

question:do i have a ligtment case and should i expect compution from ROSS?
Arnleif
 
Posts: 42
Joined: Sat Jan 11, 2014 4:19 am

Slip And Fall

Postby Alvin » Wed Nov 30, 2016 9:17 am

on 03/15/2007 my boyfriend and i was shoping in a Ross deparment store as i was walking down the aile pushing a shoping cart i did not notice a puddle of(water) clear substance due to the fact there was no caution sign no orange hazard cones waring the spill, causing my feet to slip apart bringing me to fall down to the floor i was trying to hold my self up with the cart but being 7 1/2 months pergnant my weight was to heavy forcing me to let go of the cart.my boyfrienf notice me on the ground and came to help me up which was diffcult to get my balance due to the fact that there was so much water my feet keep on slipping.It took a staff memeber several min to attend to me and clean the spill.I filled out a accident report then was driven immeditly by my boyfriend to the e.r. I was having abdominal pain they admmited me to a room notifing me that i was having contracting,i was on a mointer for contractions as well as another mointer for the babies heart beat.The doctors had to give me meds to stop the contraction and called my o.b. to check me and release me to go home.I was at the hospatial from about 7:30pm till 12:15am Due to this i am now having back pain and i'm very stress and concern about my unborn child health as well as mine.

question:do i have a ligtment case and should i expect compution from ROSS?
Alvin
 
Posts: 47
Joined: Tue Apr 01, 2014 5:06 am

Slip And Fall

Postby Tilman » Fri Dec 02, 2016 7:18 pm

Maria:

What you have described is a common accounting that I get from folks that have had a fall in a store or shopping mall.

It is possible that you have a valid negligence claim against Ross.  It is also possible that you do not.

It takes more than just falling and getting hurt for there to be a valid claim.

Based on the limited facts that you have provided, you weren't pushed down.  So, we look to see if your fall was the result of a dangerous or unsafe condition.  Water on a tile floor is probably an unsafe condition.

So you need to know how the water got on the floor.  

If the dangerous condition was caused but Ross,(such as, an employee spilled the water and did not clean it up or warn that their was water on the floor) you probably have a case.

If it was not Ross who caused the dangerous condition, then you would need to find out if Ross new about the water on the floor, and did nothing to warn, or clean up the mess.  That is call having actual notice of the dangerous condition.  If Ross does not know that there is a problem, they can not be responsible for damage caused by it.  This type of situation occurs when someone spills water and a few moments later you step in the water and fall.

Ross does not have to actually have notice of the dangerous condition to be at fault.  There is also a concept known as constructive notice.  An example of constructive notice would be water is spilled on the floor and it is there a long time.  In that situation it may be said that Ross should have known there was water on the floor if they were taking reasonable care to check for dangerous conditions.  Many stores keep a log and have someone that is always walking the store isles looking for unsafe conditions.  They sign a log every time the complete a check to should that they have a reasonable method of checking for water on the floor and that since they did not find it, the water must have been on the floor a short time.  Thus the fall not their fault.  

As you can see, when there is a fall it is good to get right back to the store to see if there is a witnesses that knows how long the water was on the floor, and if anyone reported that the water was on the floor. It also helps to know what the substance on the floor is, water, soapy water, soft drink etc.

The best thing you can do if your hurt in a fall is get the names of as many witnesses as you can find and then go see an experience injury attorney.  An early investigation is always important.  

Slip and fall cases can be tricky for an inexperienced attorney.  You should seek out the advice of an experienced injury attorney to find out if you have a claim that you should pursue.

Often, a large store like Ross has what is know as no-fault medical insurance that will cover medical bills regardless of whose is fault for an injury on there premises.  If they had that type of medical coverage, it wold pay for the medical bills even if falling was your own fault.

It can be hard to deal with the risk management people at a place like Ross, they might not volunteer information about their insurance policy. I recommend you seek a consultation with an experience local attorney.  Good Luck to you I hope all goes well with he baby.

David Demanski

P.S.  I take the time to volunteer to answer questions for this site, but I do not have the time to proof read my answers.  Please excuse the inevitable typo's.  I hope this answer is clear and addresses your concerns.
Tilman
 
Posts: 32
Joined: Sat Apr 12, 2014 6:06 am


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