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Fall in Tx based grocery store on water by ice machine now need neurosurgery for bone splinters off previous fusion

Asked over 2 years ago - Abilene, TX

I was walking next to the bag girl and fell on melted ice by ice machine in front of store. Saw my dr. who referred to neurosurgeon. Need surgery from bone spinters showing on mylogram from jcage on fusion,. Moderately severe spinal stenosis causing a lot of foot calf numbness. Store said they will pay my out of pocket expenses but I am worried about getting left with huge medical bills. Should I have a lawyer represent me?

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Attorney answers (2)

Robert John Bogdanowicz III

Reputation Level 8

Answered over 2 years ago. Litigation Lawyer in Dallas, TX.

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Should you consult a lawyer? Absolutely. There are many excellent personal injury attorneys in the Abilene area that would be able to give you a good idea of what your options are.

Generally, though, what you're describing is known as a "premises liability" case. You have to prove that the store was negligent in allowing a dangerous condition to exist on premises. One of the biggest hurdles you may have to prove is what's called "notice." Notice means that a store employee knew or should have known that there was a dangerous condition. If you can't prove notice, you may have difficulty recovering (if that's the avenue you want to take).

Regardless, as I said, a competent Abilene personal injury attorney can advise you of the best course of action. Good luck and get better!

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Andrew Thomas Hawkins

Reputation Level 11

Answered over 2 years ago. Personal Injury Lawyer in Fort Worth, TX.

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You need to speak with a personal injury attorney as soon as possible regarding the fall. Premises cases in Texas are inherently hard to purse and require an attorney who has handled these types of cases and can let you know if you have a case and where to look for the proper evidence.

As mentioned, your biggest hurdle will be to show knowledge of the water prior to the fall. It is a little unclear of exactly where the water ended up on the floor, ie was it leaking from the ice machine or was there some ice outside of the machine that was melting. It may also depend on what, if anything, the employees said to you after your fall and if the incident was caught on video.

I would be doubtful of the premises owner paying fro your out of pocket expenses once they learn the extent of your injuries. In my experience, such an offer usually extends to an ER visit and anything else they will deny and say the offer was only made as a good will gesture in the first place.

Long story short, it sounds like you have a serious injury and need to contact a lawyer as soon as possible to start looking into your case.

Hawkins & Walker, PC

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