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I feel in a store on April 9, 2013. I went to the ER on April 12, 2013. I was told that I had a sprain knee/ankle. Can I sue?

Atlanta, GA |

I was also told that I have strained upper chest area too. I did file a claim and have been contacted by the claims department. I have no witness. I did take pictures of the spill (flour/sugar mix) on the floor. I have been contacted by a claims lady and have given a statement. I do need further treatment as I am still in pain, but I did not have any insurance. My right foot is hurting really bad to the point that I have a limp. and can hardly bend it. My knee is really stiff and a dull pain deep inside (I can't seem to get to it). I had surgery on both of my feet when I was 12 years old to correct flat feet. The left foot is great but since the fall that pain in the right foot in constant, even to the point that I feel pain going up my leg too. No one has contacted me from the claims dept

I am trying to get a Grady card so that I can get a podiatrist to look into my injuries. Per the X-rays at the hospital nothing was broken or looked fractures. Something has to be wrong, as my foot continues to hurt. CORRECTION: I fell on June 9, 2013 and went to the ER on June 12, 2013.

Attorney Answers 9

  1. Giving a statement was a big "no-no". Your claim was difficult enough to begin with. Contact local and qualified counsel. Sorry if overly direct. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. Please consult a local personal injury attorney. You could have a possible claim against the store but this also depends on the facts of the case. Most stores will deny claims outright without an attorney involved. An attorney can also assist you in getting medical treatment even though you do not have any health insurance.

  3. Hire a personal injury lawyer to pursue the claim for you. Your in over your head. There are many good injury lawyers on avvo.

  4. Never give a statement, as it will be used against you. Retain a local personal injury lawyer for representation.

  5. You may very well have a claim. Very smart to take pictures. Not the greatest that you gave a statement, but don't beat yourself up about that. Just to give you the big picture, [because I think sometimes many folks are not clear on this], stores are NOT "strictly liable" for every fall . . . even for falls on a substance that you know came from their inventory onto their floor. Yep, that's right. Just because you have evidence of flour and sugar, and you know it is theirs, and that is what you fell on, and they said, "I'm sorry you fell, " etc., etc., it does not automatically mean you win your case. While you might understandably feel like, "Hey, this is obvious, I fell on this stuff, it was their stuff, and it was on their floor, I have an air tight case. . . . " it's not that clear. It is very tricky. You have to show negligence on their part and ordinary care on your part (i.e. -- paying attention, etc.) This does not mean that you have to always be looking down at every single step, but you have to be paying attention like an ordinary person does and looking out generally for where you are walking. I suspect you were. But that is always an issue. DO NOT ANSWER ANY OF THE QUESTIONS I AM ABOUT TO MENTION ONLINE. IN OTHER WORDS, DO NOT SUPPLEMENT YOUR AVVO QUESTION. I JUST POINT THESE OUT BECAUSE THEY ARE TO GET YOU THINKING OF THE ISSUES. Other key issues in these cases are: what was on the floor; did you see it before you fell; did you walk over the spill before and then come back and slip the second time walking over it; did the store know or should the store have known it was on the ground; what are the store's cleaning practices and floor checks, and did they follow their protocols. Don't post any more specifics online or elsewhere. Hire an experienced attorney. I never recommend talking to an insurance adjuster before having a lawyer. That said, do not beat yourself up about giving a statement. The truth is the truth, and as long as you were truthful, even WHEN they try to twist what you said later, you can stand by the truth. For example, when they said on the phone interview, "Hello, Mrs. Y, how are you doing today?" and you might have said something like, "Fine, thank you, with whom am I speaking?" Later, if there were to be a lawsuit, they might try to argue that you said you were fine on their very first phone call. Just an example, but I hope this helps you get the drift when attorneys say they might twist your words later. Trust me, when they call you, they have a script of well thought out questions that they ask for a reason. But again, don't worry about that statement or even the fact that you gave one; just be cautious now, and do not give any other statements without hiring an attorney first. Good luck!

  6. The issues are whether the spill was so open and obvious you should have avoided it yourself. Pictures are good to have and the "store" may have a video as well. It is always helpful but not fatal to have witnesses. It's never a good idea to give any statement without an attorney. As for your injuries an x-ray will not reveal injuries that an MRI will. Without insurance an attorney, if you hire one, will be able to perhaps assist. Hire a personal injury attorney ASAP.

  7. I handle these case quite often with similar facts. You can definitely file a claim. I would be happy to help if you have any further questions.

  8. Do yourself a favor and go hire a lawyer. One of the issues in your case is whether the store had notice of the spill - either actual or constructive. Another issue may be that the spill is so obvious that you are negligent for not looking where you are going. That is a weak argument but I have seen it used before. A lawyer will help you get some of your medical bills paid if the store has a medical payments provision in the insuring agreement. Most stores do carry policies with med pay. This will help you get some immediate medical treatment. Good luck

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