I went to smith's to buy groceries, and while walking towards the milk section I started to slip, and fell on my knees, after my brother helped me up we noticed a water spill and there where no wet floor signs, we proceeded to the check out and I notified the cashier about the incident she asked if I was ok, and I answered "yes, thank god I didnt let go of the shopping cart or alse I would of have fallen really bad tat I just had fallen on my knees" I didn't think about filing a report until my husband got home and I told him that I was having pain because I had fallen at the grocery store, and basically told me that I should of file a report because now there is nothing I can do about it and if I need to go to the doctor, basically am screwed. Please advice!
Yes you should have filed a report but you may not be out of luck if you took pictures of the spill and also got the name got the name of the cashier that you told. You are not out of luck for treatment if you are injured as long as you have health insurance. If you need more advice you should contact a personal injury attorney.
The challenge in a slip and fall case has nothing at all to do with whether or not you made a 'report' to the store. The challenge is establishing liability. I've successfully resolved numerous cases where there was no 'report'. You make no reference to any medical treatment documenting the injury and without that you have no case. Consult with an experienced injury attorney in your jurisdiction. Here is more on extablishing liability in a slip and fall case: [CLICK BLUE LINK BELOW]
The short answer is that yes, you can seek compensation against Smiths. Without knowing more, the best thing you could probably do is sit down with an attorney ASAP and make plans to get treatment for your injuries. I or any of the other Avvo contributors would be happy to speak with you in more detail.
There is no requirement that you file any report. You made contact with the store employee and they are aware of it. It is best you not give any statement concerning the incident anyway.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
The big issues here are not whether your filed a report--although it would have been better if you had--but the extent of your injuries and why the water on the floor was the fault of the supermarket.
Reasons for the store to be liable include:
1) The water was likely there due to some self service aspect of the store's operation,
2) The water was likely there because some store equipment, such as the refrigeration for the milk was leaking water, or
3) The water had been there for more than just a couple of minutes
No, you are fine. Go back to the store and make a report. If they refuse, write them a letter and send it certified, detailing the incident, including date, time, aisle, etc. Consult with a personal injury attorney, they will get to the store's insurance carrier. Chances are the store has "guest medical" to pay for your doctor visits if they are necessary.
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