I slipped and fell in a grocery store. Need some advise.

[THA HOUSTON PIMP IS IN DA HOUZ!]

On Wednesday April 9th, I was shopping in a Krogers store.

As I was turning the corner of an aisle, my feet completely slipped out from under me.

I fell backwards and hit my head against the edge of a shelf and banged my shin against an edge of my grocery cart.

Result:  I gashed the back of my head and shin.

I was able to call someone to pick me up and take me to emergency room.   

I ended up getting stitches in both places.   I used my insurance for the hospital visit.

Before I left the store, I took pictures of where I slipped and of my lacerations.

I showed the store manager where I slipped and what I slipped on. (a yellow jelly like substance on the floor)

A witness came forth and gave me her phone number. 

Anyway, I'm still sore and have not made any written statements to the store.

I am meeting a lawyer next week to discuss my situation.

BTW, the witness has made it know that she is willing to make an affadavit/statement with the lawyer.

Does anyone think I have a good case of getting a settlement and/or suing the store for negligence?

[Chris_]

Get thee to a Personal Injury Lawyer, poste haste.

Do this to protect yourself -- a head injury is nothing to mess with.  You need all kinds of tests to make sure there isn't any permanent injury.

And it IS their negligence, period.  So don't feel bad about creating the next John Edwards.

[asdf2231]

Dittos to everything that FD just posted.

You got seriously injured Dude.

Any lawyer with half a brain can get one helluva settlement out of it. 

You are on the sidee of the Angels here Mack.

[RobJohnson]

Ouch. Sorry to hear about this.

Each state has different laws when it comes to slip and fall injuries on private property.

[bijou]

That looks like a nasty cut. Freedumb is right, early action is needed and also save all paperwork/receipts etc as you go along, proof is everything. 

PS don't wear these next time you go shopping

[CBUSMS]

Here's some info on Texas. You might have a chance, but it doesn't look like a slam dunk. I guess it will be determined by the circumstances you really didn't clarify.

What you have to remember is just because you slip and fall somewhere, does not mean that the owner of the business or his or her insurance company has to pay you.  They have to be negligent and that negligence has to cause your injury for you to have a case.....

Again, just because you fall somewhere, does not mean you can recover in a claim or a lawsuit.  And, it doesn't matter how bad your injury is if the owner or his employees were not negligent in some way to cause your fall.....

Next, understand that there is no easy way to determine who's fault it is in a slip and fall accident.  We evaluate every fall case individually.  That determination looks at whether or not the property owner made the area safe and if you, the victim of the fall, were careless, not looking out for the danger, or otherwise distracted.....

Another example is a pool of liquid on the floor.  There has to be some evidence that the owner knew or should have known about the liquid for the owner to be at fault for your fall injuries.  Imagine a child spilling some of his cola on the floor just before you turned the corner in a drug store.  Texas slip and fall law won't hold an owner at fault unless the liquid was there long enough for a reasonable store manager or owner to notice it and clean it up.  Usually that means that there are some tracks through the liquid, some evaporation lines around the liquid on the floor, or an eye witness that saw the liquid earlier for you to recover.  Also, you have a duty of "Proper lookout."  That means the law expects that you look where you are walking.  Unfortunately, if you can't see a small puddle of water on the floor, the owner would probably be found not negligent, because he would have to find it also and clean it up in a timely manner.  The smaller and more pristine the water puddle, the less likely you can recover.   

Likewise, the larger and more tracked through the puddle, the more likely a jury would find that the owner should have seen it and cleaned it up before you slipped.  However, if the puddle is large, a reasonable person should have seen it also and avoided it.  The flip side of that issue is that stores pay millions for you to keep your eyes off the floor and on the shelves to find things to buy.  Often you are pushing a basket that may also block your view.

http://edgoldner.com/SlipandFall.aspx

[DixieBelle]

Ouch! I hope you're feeling better.

Do go see a lawyer.

[Chris_]

Oh MACK! That looks like a horrible gash. It certainly sounds like you have a valid case to me. Good luck and good healing to you!

I am sorry but I can't help but LOL at bijou's pimp shoes. 

[Chris_]

Here's some info on Texas. You might have a chance, but it doesn't look like a slam dunk. I guess it will be determined by the circumstances you really didn't clarify.

What you have to remember is just because you slip and fall somewhere, does not mean that the owner of the business or his or her insurance company has to pay you.  They have to be negligent and that negligence has to cause your injury for you to have a case.....

Again, just because you fall somewhere, does not mean you can recover in a claim or a lawsuit.  And, it doesn't matter how bad your injury is if the owner or his employees were not negligent in some way to cause your fall.....

Next, understand that there is no easy way to determine who's fault it is in a slip and fall accident.  We evaluate every fall case individually.  That determination looks at whether or not the property owner made the area safe and if you, the victim of the fall, were careless, not looking out for the danger, or otherwise distracted.....

Another example is a pool of liquid on the floor.  There has to be some evidence that the owner knew or should have known about the liquid for the owner to be at fault for your fall injuries.  Imagine a child spilling some of his cola on the floor just before you turned the corner in a drug store.  Texas slip and fall law won't hold an owner at fault unless the liquid was there long enough for a reasonable store manager or owner to notice it and clean it up.  Usually that means that there are some tracks through the liquid, some evaporation lines around the liquid on the floor, or an eye witness that saw the liquid earlier for you to recover.  Also, you have a duty of "Proper lookout."  That means the law expects that you look where you are walking.  Unfortunately, if you can't see a small puddle of water on the floor, the owner would probably be found not negligent, because he would have to find it also and clean it up in a timely manner.  The smaller and more pristine the water puddle, the less likely you can recover.   

Likewise, the larger and more tracked through the puddle, the more likely a jury would find that the owner should have seen it and cleaned it up before you slipped.  However, if the puddle is large, a reasonable person should have seen it also and avoided it.  The flip side of that issue is that stores pay millions for you to keep your eyes off the floor and on the shelves to find things to buy.  Often you are pushing a basket that may also block your view.

http://edgoldner.com/SlipandFall.aspx

Interesting...  Obviously there are a lot of facts to be ascertained.

Keep us posted, Mack.

[Chris_]

If you sue, expect your insurance company to subrogate their costs for your medical expenses.  IOW, they get their money back first.  You get whatever is left.  It is likely that to sue for punitive damages you will have to prove negligence...not easy.  Suing for lost wages, damages, etc. will go against their liability insurance and may be much easier.

Sorry you got a boo-boo.

[THA HOUSTON PIMP IS IN DA HOUZ!]

Get thee to a Personal Injury Lawyer, poste haste.

Do this to protect yourself -- a head injury is nothing to mess with.  You need all kinds of tests to make sure there isn't any permanent injury.

And it IS their negligence, period.  So don't feel bad about creating the next John Edwards.

i got a cat scan but it was negative.   So far, I'm just sore.

I used to work in a grocery store in my younger days.   The chain I worked in had a guy walk around ALL DAY LONG with a broom and mop looking for spills.   And even then, people still slipped.

And yes, the laywer I'm using is a personal injury lawyer.

[THA HOUSTON PIMP IS IN DA HOUZ!]

That looks like a nasty cut. Freedumb is right, early action is needed and also save all paperwork/receipts etc as you go along, proof is everything. 

PS don't wear these next time you go shopping

aw Hell, you must have raided my closest!   

[Chris_]

Get thee to a Personal Injury Lawyer, poste haste.

Do this to protect yourself -- a head injury is nothing to mess with.  You need all kinds of tests to make sure there isn't any permanent injury.

And it IS their negligence, period.  So don't feel bad about creating the next John Edwards.

i got a cat scan but it was negative.   So far, I'm just sore.

I used to work in a grocery store in my younger days.   The chain I worked in had a guy walk around ALL DAY LONG with a broom and mop looking for spills.   And even then, people still slipped.

And yes, the laywer I'm using is a personal injury lawyer.

Then my work here is done.  Off into the sunset I go...

(good luck and keep keeping us posted)

[Wretched Excess]

head injuries are nothing to take lightly;  pay maximum attention to your health.
if kroger is smart, they will gladly reimburse you for your medical expenses, and toss
something in for your pain and suffering.  that is, if they are smart.  heck, if I was
president of kroger, I would be sending my secretary over to fluff your pillow.

that yellow goo is probably negligent, but it has never made sense to me to sue
a place because I fell down there.  and it has happened to me;  I'm sorta klutzy
that way.

[Rebel]

Stop being a pansy. Chicks dig scars. 

[THA HOUSTON PIMP IS IN DA HOUZ!]

Stop being a pansy. Chicks dig scars. 

Hey, Pimps gotsta get paid!

[THA HOUSTON PIMP IS IN DA HOUZ!]

head injuries are nothing to take lightly;  pay maximum attention to your health.
if kroger is smart, they will gladly reimburse you for your medical expenses, and toss
something in for your pain and suffering.  that is, if they are smart.  heck, if I was
president of kroger, I would be sending my secretary over to fluff your pillow.

that yellow goo is probably negligent, but it has never made sense to me to sue
a place because I fell down there.  and it has happened to me;  I'm sorta klutzy
that way.

that's all I want; for them to be reasonable.   I didn't break my hip or a leg; I can walk.   However, I did cut my head open and needed stitches.

Therefore, I just want what's right.    Just the minimum that you mentioned.   

After my insurance and lawyer get their "cut", I don't expect to get much.

[Rebel]

Stop being a pansy. Chicks dig scars. 

Hey, Pimps gotsta get paid!

Hey man, seriously? As much as I'm against most lawsuits like this because most are frivolous, you seem to have a damn good case and deserve what you get.

[Dixie*Darling]

   <kisses Pimps boo boo>

[Wretched Excess]

head injuries are nothing to take lightly;  pay maximum attention to your health.
if kroger is smart, they will gladly reimburse you for your medical expenses, and toss
something in for your pain and suffering.  that is, if they are smart.  heck, if I was
president of kroger, I would be sending my secretary over to fluff your pillow.

that yellow goo is probably negligent, but it has never made sense to me to sue
a place because I fell down there.  and it has happened to me;  I'm sorta klutzy
that way.

that's all I want; for them to be reasonable.   I didn't break my hip or a leg; I can walk.   However, I did cut my head open and needed stitches.

Therefore, I just want what's right.    Just the minimum that you mentioned.   

After my insurance and lawyer get their "cut", I don't expect to get much.

if you don't get a "slip and fall lawyer", you won't have to pay his "cut".

I would bet you a beer that if you sent a letter to kroger's corporate office, they would take care of you.

[THA HOUSTON PIMP IS IN DA HOUZ!]

Thanks for all yallls replies.

This is one of those cases where I hate liberals and ambulance chasing lawyers.     

They go hand in hand.   

But here I am having to consult a personal injury lawyer.

"having to" is kind of not correct.

I could "handle" this myself.

However, I am trusting a lawyer for the first time in my LIFE on this one.

I hope it works out.

If it doesn't.........................I'LL KICK THE LIVINGIN SHIT OUT OF THA.....

Exxuse me...

[Wretched Excess]

Thanks for all yallls replies.

This is one of those cases where I hate liberals and ambulance chasing lawyers.     

They go hand in hand.   

But here I am having to consult a personal injury lawyer.

"having to" is kind of not correct.

I could "handle" this myself.

However, I am trusting a lawyer for the first time in my LIFE on this one.

I hope it works out.

If it doesn't.........................I'LL KICK THE LIVINGIN SHIT OUT OF THA.....

Exxuse me...

do what you gotta do to protect your family

[Chris_]

For some strange reason, I'm likely going to end up in the minority on this, but I simply don't believe that the first thing one thinks about when one is injured on someone elses property is to run to the nearest personal injury lawyer.....

Shit happens, and sometimes it is no ones fault......I think that it would be reasonable to expect that your emergency medical treament was paid by the store involved, plus compensation for lost wages, if any.  You would likely receive that with a letter, or a phone call to the store manager, if he is not already involved.

We, as conservatives, bitch and moan about the rush to judgement on our health care system, and it is attitudes like this that have run the cost of health care up to the point where it seems to many like "nationalizing" it is a good idea......it's not.....

Attempting to extort a large settlement out of a retail merchant because of a dubious injury will simply be rolled into the cost of doing business, and make the price of the products sold by the store more expensive for everyone.

Not to mention the fact that if the defence lawyers somehow got wind of the OP's posts on this board, the attitude displayed would certainly not be beneficial to his case.......

YMMV

doc

[THA HOUSTON PIMP IS IN DA HOUZ!]

For some strange reason, I'm likely going to end up in the minority on this, but I simply don't believe that the first thing one thinks about when one is injured on someone elses property is to run to the nearest personal injury lawyer.....

Shit happens, and sometimes it is no ones fault......I think that it would be reasonable to expect that your emergency medical treament was paid by the store involved, plus compensation for lost wages, if any.  You would likely receive that with a letter, or a phone call to the store manager, if he is not already involved.

We, as conservatives, bitch and moan about the rush to judgement on our health care system, and it is attitudes like this that have run the cost of health care up to the point where it seems to many like "nationalizing" it is a good idea......it's not.....

Attempting to extort a large settlement out of a retail merchant because of a dubious injury will simply be rolled into the cost of doing business, and make the price of the products sold by the store more expensive for everyone.

Not to mention the fact that if the defence lawyers somehow got wind of the OP's posts on this board, the attitude displayed would certainly not be beneficial to his case.......

YMMV

doc

I was being facetious when I said "Pimps gotsta get paid".   

I was being myself when I told WE that I only expected "what was right".

In other words, i don't want to sue but only want the stort to do the minimum. (reimburse for out of pocket expenses and maybe a little for pain/suffering/missed work)

If Krogers passes on that cost to the customer then that's jacked up and I certianly don't like it.

btw, where did "extort" come into this discussion; I don't seem to remember anyone advising me to extort money from Krogers.

[Rebel]

For some strange reason, I'm likely going to end up in the minority on this, but I simply don't believe that the first thing one thinks about when one is injured on someone elses property is to run to the nearest personal injury lawyer.....

Shit happens, and sometimes it is no ones fault......I think that it would be reasonable to expect that your emergency medical treament was paid by the store involved, plus compensation for lost wages, if any.  You would likely receive that with a letter, or a phone call to the store manager, if he is not already involved.

We, as conservatives, bitch and moan about the rush to judgement on our health care system, and it is attitudes like this that have run the cost of health care up to the point where it seems to many like "nationalizing" it is a good idea......it's not.....

Attempting to extort a large settlement out of a retail merchant because of a dubious injury will simply be rolled into the cost of doing business, and make the price of the products sold by the store more expensive for everyone.

Not to mention the fact that if the defence lawyers somehow got wind of the OP's posts on this board, the attitude displayed would certainly not be beneficial to his case.......

YMMV

doc

....and what happens if, because it's very expensive, he doesn't get tests and he has a blood clot that travels through his circulatory system to his heart or somewhere else in his brain? My ex-wife's grandfather died from something similar.

That gash is all the proof I needed. After knowing Mack for a few years, I know he has too much machismo to go to the doctor for a simple "boo boo".