Author Topic: I slipped and fell in a grocery store. Need some advise.  (Read 8458 times)

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Offline THA HOUSTON PIMP IS IN DA HOUZ!

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #25 on: April 13, 2008, 01:05:23 PM »
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".

You got that right; I practically had to be hogtied to go to the hospital.

I wanted to at least get a tetanus shot.   I didn't expect to get stitches.

Offline Rebel

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #26 on: April 13, 2008, 01:32:39 PM »
You got that right; I practically had to be hogtied to go to the hospital.

I wanted to at least get a tetanus shot.   I didn't expect to get stitches.


Stitches, for when Duct Tape just doesn't do the trick.

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Offline dutch508

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #27 on: April 13, 2008, 01:51:47 PM »
You got that right; I practically had to be hogtied to go to the hospital.

I wanted to at least get a tetanus shot.   I didn't expect to get stitches.


Stitches, for when Duct Tape just doesn't do the trick.

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Quit being a baby and caterize the wound with a hot iron...like a man.
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Offline BEG

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #28 on: April 13, 2008, 02:56:59 PM »
That looks like one nasty gash there.

Back about 15 years ago I had a TERRIBLE case of UVeitis.  My eye specialist prescribed an eye drop.  I filled the prescription at a grocery store pharmacy (it was Smith's grocery store in Lake Havasu City, AZ).  I had been taking the eye drop for about a week and a half and was getting progressively worse as each day passed.  I'm talking noticeably sicker from the time I woke up in the morning until later each night.  It felt like I had an abscess in my eye, I couldn't eat, couldn't stand light of any kind, couldn't sleep...it was miserable.  I also lost 15 pounds.  I thought I also had the flu so when I called the doctor's office to tell them my eye didn't feel like it was getting any better I told them I didn't want to come in because I felt like I was getting the flu.  They told me that I HAD to come in the following day, which I agreed but the the following day I was so sick my husband took me to the ER.  After I got home from the ER my husband called the eye doctor.  Since the eye doctor didn't have my file (this was in the evening) he asked my husband what eye drop he had prescribed.  My husband read him the name and the doctor freaked out.  He said he would have NEVER prescribed this med for my condition and for me to come down to his office right now that he would meet us there.  He showed me a copy of the prescription he had written (I can't remember what the names were).  He called the pharmacy while we were sitting right there, the man pulled the prescription and sure enough they had given me the wrong medicine.  My doctor had to give me a shot in my eye, a new prescription and saw me every other day for a while.

I have never been so sick in my life.  My doctor explained that if I had taken the medication he actually prescribed I would most likely be on the mend at this point and definitely not sicker.  By the pharmacy giving me the wrong prescription, my disease had gotten a much stronger hold than it would have if I were treated properly from the beginning.  My husband had to take off work to care for me and our baby (she was only a few weeks at the time).  He didn't get paid for taking time off (he worked for a boat builder designing boats....you would just have to know his boss, if you wanted to get paid you had to be there.   Christmas, you want to be paid, work Christmas day.  :whatever: )     

The following day an attorney for the grocery store called me.  I should have known that they were scared shitless of a law suit but they asked me what I wanted.  I told them I wanted the days off my husband had to take to care for me, payment for cost of the trip to the ER and any additional doctor fees/costs incurred because of the worsening of the UVeitis.   I gave them an estimate and the following day I got an expedited envelop with a check.  Of course it stated on the check that by endorsing and depositing the check I would not be able to come back at a later date and sue the store.

I didn't ask for pain and suffering and I really should have, as I said before it was absolutely the most painful thing I have ever been through.  My eye sight got so bad that it was like looking through glass that was smeared with Vaseline.  It took MONTHS (like 4) for my eye sight to return to normal and took me a couple of months before I felt like I was getting back to normal physically.  From having UVeitis I also developed shingles and passed them on (as chicken pox) to my two kids (one that was only 3 months at the time).

When I settled with the grocery store, all I wanted was what it cost us monitarily.  What I didn't know whs what the UVeitis would do to me in the months to come because it was allowed to fester and get so bad.  About a year later I had a stroke and found out I had Takayasu's Arteritis.  The doctors think the UVeietis is what set everything in motion.  Usually an auto-immune disease needs a "trigger" and they think the UVeitis was the trigger.  A trigger needs to be something traumatic that happens to the body.  I can't really blame the grocery store for my auto-immune disease as obviously I already had that in me and at some point something would have triggered it.  So I actually don't know what I would have done if I had known everything that was to come from the UVeitis.  Part of me is glad that all I received from the store was what it cost me at the time monitarily but the other part of me thinks they did owe me money for how much pain I was in.  If I had been properly treated from the get go the disease wouldn't have progressed to the point that made me so terribly sick.   

I still don't know if I would handle it any differently if it were to happen to me today.  I know I could have taken them for a lot more, I know I deserved more than I recieved but another part of me is glad I didn't get all sue happy.  It's a tough call Mack...do what you feel is right.
« Last Edit: April 13, 2008, 03:02:00 PM by BEG »

Offline Chris_

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #29 on: April 13, 2008, 03:52:50 PM »
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".

I knew this would happen, it is kinda like starting a smoking thread......I certainly think that Mack should get appropriate medical attention for whatever injury he has, that said, I certainly would think carefully about running to a personal injury lawyer, as they are generally the lowest of the low, and not everyone wins, after years of depositions, appearances, etc.

I am a big beilever in revising our tort system to "loser pays"........

doc
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Offline Taxman

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #30 on: April 13, 2008, 04:08:07 PM »
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".

I knew this would happen, it is kinda like starting a smoking thread......I certainly think that Mack should get appropriate medical attention for whatever injury he has, that said, I certainly would think carefully about running to a personal injury lawyer, as they are generally the lowest of the low, and not everyone wins, after years of depositions, appearances, etc.

I am a big beilever in revising our tort system to "loser pays"........

doc

Our legal system as it is costs everyone a lot of money.  We desperately need reform.  However the trial attorney lobby is extremely strong and the dimocraps are in bed with them.  No real chance of change soon.  Life is a bitch and sometimes bad things happen...and every time something bad happens someone will be standing with their hand out attempting to collect. 

Offline formerlurker

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #31 on: April 13, 2008, 04:11:10 PM »
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.

Quote
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

When the premises is a grocery store then the burden is higher on the owner.   Settlement is reflective of damages, which are medical bills, lost wages, and pain and suffering.    No idea what scar criteria is in Texas, but in my state it has to be on face or hands to get consideration for it.  

Hope you are feeling better soon mack daddy!  (((hugs)))

Offline formerlurker

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #32 on: April 13, 2008, 04:18:51 PM »
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.


Not really.  While the insurance carrier for the grocery store is liable for his medical expenses -- thus Mack's health insuance carrier can and should expect to be repaid for claims they have paid, health insurance carriers usually take a fraction of their subrogation claim as settlement.   It is usually 1/3 to the attorney, 1/3 to the health insurance carrier, and 1/3 to the injured party, unless the medical claim is small that is.

In order for Mack to file a claim for personal injury there has to be negligence against the owner, which clearly there is.


Offline formerlurker

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #33 on: April 13, 2008, 04:21:51 PM »
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...




There are two types of personal injury claims that one should never handle themselves. The first is worker's compensation claims. The second is slip and fall.

You could handle this yourself, but you will get screwed if you do, so don't do it.

Offline Chris_

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #34 on: April 13, 2008, 04:31:16 PM »
There's a difference between frivolous lawsuits and having legal representation.  I agree with formerlurker... you probably need a lawyer to handle your claim.  If you don't, you'll only end up with the brown end of the stick on top of getting one nasty looking cut. 

Sorry 'bout your luck.
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Offline Full-Auto

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #35 on: April 13, 2008, 11:50:27 PM »
In my youth I was in a motorcycle wreck that was caused by another rider.  While I was laying in my hospital bed an attorney approached me and offered his services (40% of the take) for "free" if I sued the insurance company of the guy who caused the wreck.

He had heard about the wreck via the local media.

I could have won a pretty hefty settlement I suppose, had I gone to court.  But I looked at the situation, my beliefs and political ideals... and I walked away.  Insurance paid for my hospital visit.  It cost me nothing but some pain... live and learn.  So why would I go out of my way to sue for "pain and suffering" or some other trumped up charge to win some huge settlement?

I told the blood sucking lawyer to take a hike.  I wasn't about to milk the system because I found myself in a position where I could.  What was important is that it didn't cost me anything aside from a little pain (welcome to life) for my hospital stay.  Even at 22 I was principled.

All I would ask for is my medical bills paid for and compensation for any lost work/wages.  If you go for some big settlement hoping to score big so you can retire... I think that's pretty shitty.  It's me and others who get stuck with outrageous monthly premiums that soak up the cost.
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Offline Chris_

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #36 on: April 13, 2008, 11:58:16 PM »
I had a motorcycle accident as well... some guy ran a red light and I t-boned his Ford Festiva.  I went sailing over the top of his car and landed on the pavement on the other side.  I was lucky I only wound up with a couple broken fingers and some scrapes.

Never did get a lawyer even though the ambulance chasers were already calling me by the time I got home.  I hated them as much as I hated dealing with this guy's insurance company.  I don't recall if I lost money on the deal, but the insurance company did a piss-poor job of paying for my emergency room visit.  They did pay, eventually.  After much arguing they reimbursed me for the full value of my motorcycle after I was able to show them a bill of sale, and the time I lost from work.
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Offline THA HOUSTON PIMP IS IN DA HOUZ!

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #37 on: April 14, 2008, 12:39:46 AM »
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".

I knew this would happen, it is kinda like starting a smoking thread......I certainly think that Mack should get appropriate medical attention for whatever injury he has, that said, I certainly would think carefully about running to a personal injury lawyer, as they are generally the lowest of the low, and not everyone wins, after years of depositions, appearances, etc.

I am a big beilever in revising our tort system to "loser pays"........

doc

Hey doc,

I hear ya buddy.

I hate being in this predicament.

This is exactly, as a conservative, a situation that I hate.   And i appreceiate your input.

I wish this never happened.   My head and shin agree.  lol

but it did happen.

And I started this thread to seek out advise from CC posters to see what they feel.

I already know that I will seek out just the minimum from Krogers

Offline RobJohnson

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #38 on: April 14, 2008, 01:44:36 AM »

All I would ask for is my medical bills paid for and compensation for any lost work/wages.  If you go for some big settlement hoping to score big so you can retire... I think that's pretty shitty.  It's me and others who get stuck with outrageous monthly premiums that soak up the cost.

Yup, I agree. I have even had some work related stuff that I did not bother with, like my hands...could of been carpal, etc...but I knew I was about to change jobs and when I did, the pain was about 80% after I got used to the new job...sometimes a claim can be like a second job...alot of running around and BS that I don't need.

Although insurance rates go up no matter what, and alot faster then claims. But that is the insurance biz.

Offline formerlurker

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #39 on: April 16, 2008, 07:59:13 PM »
In my youth I was in a motorcycle wreck that was caused by another rider.  While I was laying in my hospital bed an attorney approached me and offered his services (40% of the take) for "free" if I sued the insurance company of the guy who caused the wreck.

He had heard about the wreck via the local media.

I could have won a pretty hefty settlement I suppose, had I gone to court.  But I looked at the situation, my beliefs and political ideals... and I walked away.  Insurance paid for my hospital visit.  It cost me nothing but some pain... live and learn.  So why would I go out of my way to sue for "pain and suffering" or some other trumped up charge to win some huge settlement?

I told the blood sucking lawyer to take a hike.  I wasn't about to milk the system because I found myself in a position where I could.  What was important is that it didn't cost me anything aside from a little pain (welcome to life) for my hospital stay.  Even at 22 I was principled.

All I would ask for is my medical bills paid for and compensation for any lost work/wages.  If you go for some big settlement hoping to score big so you can retire... I think that's pretty shitty.  It's me and others who get stuck with outrageous monthly premiums that soak up the cost.

You wouldn't have secured a huge settlement unless you were seriously injured, lost considerable time from work, and had hefty medical bills.  Short stay in hospital?  no permanent injuries?  very small claim.  You also would settle this type of claim 99.999% of the time.  There aren't many attorneys who would file suit on small claims.

You don't really need an attorney for a motor vehicle accident unless there was a fatality or severe injuries,  and in those instances the settlement amount represents many areas you woud not necessarily consider that an attorney will make sure are covered. 

 


Offline formerlurker

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #40 on: April 16, 2008, 08:05:03 PM »
I had a motorcycle accident as well... some guy ran a red light and I t-boned his Ford Festiva.  I went sailing over the top of his car and landed on the pavement on the other side.  I was lucky I only wound up with a couple broken fingers and some scrapes.

Never did get a lawyer even though the ambulance chasers were already calling me by the time I got home.  I hated them as much as I hated dealing with this guy's insurance company.  I don't recall if I lost money on the deal, but the insurance company did a piss-poor job of paying for my emergency room visit.  They did pay, eventually.  After much arguing they reimbursed me for the full value of my motorcycle after I was able to show them a bill of sale, and the time I lost from work.

Broken bones (especially in your hand) is a decent claim money wise.  You should have accepted settlement -- as a former casualty adjuster I can tell you I had no problems offering money on claims like this, it's the soft tissue/whiplash I would not be so generous with.   Check out the Statute of Limitations in your state to see if you can still secure a settlement. 

Offline THA HOUSTON PIMP IS IN DA HOUZ!

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #41 on: April 16, 2008, 08:34:40 PM »
well, I met with my lawyer and now it's in Kroger's court.

My case is sort of good due to the fact that....

1. I sustained a real injury
2. I have witnesses
3. my fall occurred in high traffic area of store.

I'll keep yall informed.

BTW, I'm doing better physically.   Just some lingering soreness.

Offline Dixie*Darling

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Re: I slipped and fell in a grocery store. Need some advise.
« Reply #42 on: April 16, 2008, 08:41:33 PM »
well, I met with my lawyer and now it's in Kroger's court.

My case is sort of good due to the fact that....

1. I sustained a real injury
2. I have witnesses
3. my fall occurred in high traffic area of store.

I'll keep yall informed.

BTW, I'm doing better physically.   Just some lingering soreness.


Here's hoping the soreness eases soon.  <kisses da boo boo>  :-*