Can I sue a store after I fell in the parking lot and broke my tibia?

Asked over 2 years ago - Lawrenceville, GA

I went to a store and right outside the door I slip and hit my leg in a concrete step. It had just finish raining and I guess the yellow pain they had on the step was slippery because it looked like it was recent paint. A guy who worked there help me get up and sit on a bench outside the store. I went to the ER and they told me I had a broken tibia. I was wondering if I can sue them so they can at least pay me back what I have been spending on the doctor?

Attorney answers (9)

  1. Marc Sean Hurd

    Contributor Level 16

    10

    Lawyers agree

    Answered . The success or failure of most any slip and fall case is going to depend on the facts (in a more detailed fashion than what is realistically available here).

    The person injured must show that the owner of the property where the injury occurred either did something they should not have done, or failed to do something that they should have done. In your case, rain is something that an be expected and that the floors may be slippery. But, if the owner knew of a hazard created by the rain, or by the paint in conjunction with the rain, and then failed to take reasonable precautions to protect against the fall, there may be liability.

    Slip and fall or trip and fall accidents have other perils. Property owners often argue that if they should have seen and done something about a hazard that caused injury, then the person that was injured should have seen it and avoided it.

    So, the bottom line is that you should seek the advice of a local personal injury attorney, who can assess the various "pros and cons" of pursuing the matter.

    Good luck!

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . If your only concern is reimbursement of your direct out of pocket, the store (or their insurer) would certainly consider this rather than the prospect of reimbursing you multiples of that for a successful personal injury lawsuit. Consider speaking with a local and qualified personal injury attorney asap. The store may have been negligent and you may be entitled to substantial compensation for a very significant injury. Good luck.

  3. Jeffrey David Bohn

    Contributor Level 12

    8

    Lawyers agree

    Answered . I had a case very similar to yours that I settled for $275,000.00 last year. The business owner has a duty to all shoppers to make his property safe from all know and probable dangers. The question is: did the owner have the step painted without warning signs and shooed he have known that it would rain soon causing it to be slippery. If you can answer yes to these questions, it looks like you have liability, causation and damages which equals negligence. These stores have teams of lawyers whose goal is to give you nothing even if you deserve it so don't expect a check and a get well soon card. You need an experienced lawyer and DON'T GIVE A RECORDED STATEMENT EVER!!!! good luck!

  4. Peter James Pearson

    Contributor Level 9

    6

    Lawyers agree

    Answered . I agree with what the earlier comments said about talking with a local attorney. I practice in Gwinnett (our offices are located in Stone Mountain) and have tried cases like yours to verdict.

    You need an attorney that actually litigates and tries cases (many injury attorneys don't actually go to court).

    I would need more information to know for certain how strong the liability argument is on your claim but the fact that you were injured so badly is going to be helpful in getting the owner of the premises to pay what is fair.

    I would be happy to talk to you today.

    Attorney Peter Pearson
    (678) 740-6928

  5. Hugh Michael Ruppersburg

    Contributor Level 3

    4

    Lawyers agree

    Answered . Slip and fall cases in Georgia, particularly involving rainy and wet conditions, can be hard to win. Georgia law says that the average person should know that outdoor surfaces like steps can be slippery when wet, which makes it tough for you to prove your case. However, if the stairs were slippery because they were recently painted, were painted with an improper material or there have been other falls on those steps, you may have a case.

    Like the other answers have said, call a local personal injury lawyer. He or she will be able to investigate your case and tell you whether you have a claim.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You would need to retain a personal injury lawyer who would have to prove that the store was negligent or had a dangerous condition.

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . P.S. You can search Avvo for personal injury lawyers in your state. Find one with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement. Good luck to you!

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
  8. Aaron P. Marks

    Contributor Level 11

    2

    Lawyers agree

    Answered . You may have a case. Please call my office this morning.

    Regards,

    Aaron Marks
    404-939-1485
    --
    Aaron Marks, Esq.
    The Marks Law Group, LLC
    103 W. Dearborn Circle
    Decatur, GA 30030
    www.markslawgroup.com
    aaron@markslawgroup.com
    404-939-1485 (ph)
    404-581-5902 (fx)

    -- ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS PERMISSION. Communications from... more
  9. Render Crayton Freeman

    Contributor Level 2

    2

    Lawyers agree

    Answered . I recently handled a very similar case in Gwinnett County. The full story is in the link that I've attached to this answer. I'd be happy to give you a free consultation. Please call.

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