Skip to main content

I had a slip and fall at a Dollar Tree Store.I sustained a traumatic knee injury. What's it worth to sue in Florida?

Dunedin, FL |

After my slip and fall in Florida at a local franchise, how do I get the company to respond to my personal injury claim?

I went to the bathroom, located in the back of the Store's store room. Upon leaving the bathroom I tripped over two very large bread racks stacked too high, located in the aisle leading to the bathroom.

My knee hit the very corner of the square bread rack just under my knee cap and caused a bleeding gash and intense pain to my knee. I strained my left ribs while stopping my fall. I took pictures of the bread racks sticking out into the aisle, filed a store report and received a copy of it, with the asst. mgr. stating the bread racks were in the aisle to the bathroom.

I went to the ER, had xrays on knee and ribs, no broken bones and I now am in rehab and in great pain.

What amount of financial compensation do I ask for in this slip and fall incident? Dollar Tree is a 5 Billion Dollar $ public company. They won't return my calls. Do I need a slip and fall attorney?

+ Read More

Attorney answers 5

Posted

I am sorry to hear of your injuries due to the slip and fall accident.

To answer your question regarding whether it is worth it to sue for this slip and fall case in Florida, I cannot add much to the previous advice, but can tell you from experience trying similar cases as both a defense and plaintiff's attorney, these cases hinge on liability more often than damages, meaning that the mere fact that you fell and sustained injuries is only part of the case. More important is the determination whether the store was liable.

You should also be advised that Florida law was recently changed to favor the store owner as to the burden which the injured party must satisfy to recover damages. Please go to my website and read the blog entry regarding this recent change.

All that being said, these slip and fall cases can be successfully prosecuted with the proper amount of investigation and sufficient evidence of the store's negligence. Please feel free to contact me at my office to set an appointment discuss further. DO NOT make any statements to the store personnel or their insurance adjuster before speaking with an attorney.

Good Luck

Asker

Posted

I had a slip and fall more like a really bad game of twister.. at a family dollar store, I had just got home from church and changed went back out to grab some copy paper. As I walked into the store the short way in front of registers I busted my rump bad, there was white liquid soap on the floor, no signs no one cleaned it up.. Now im on crutches torn ligaments in my knee and ankle and my back is killing me!!!! there were many witnesses including employes. they put me in a chair and paramedics came and took me to ER. long story short The store gave me a 1800 # and claim # to call on Wednesday only!!!! They had the nerve to ask me if I was going to sue them??!?!?!? Not are you ok???? OMG!!!! What do I do????? please help me, I now have to go and see a specialist no money for that and cant afford the bills not to mention I have children and am severely hurting over here. Yours truly.

Posted

You ask for no compensation. You go to an attorney to assist you for several reasons. Property owners have a duty to reasonably maintain their property. To boil down a lengthy analysis, this duty requires people and companies who own properties, whether they are retail stores, restaurants or apartment complexes, to remove hazards of which they have notice, or of which they reasonably SHOULD have been on notice.

Stores and other commercial establishments almost always fight these cases. Nonetheless, some of my largest settlements have been fall down cases. We screen our cases, pick the right ones and expose unsubstantiated defenses.

Fall down cases have a very basic flaw. The injured person is contending that the property manager is negligent because they should have known about and removed whatever hazard there was. But, the company owner scratches its head and says, if WE should have seen it and fixed it, shouldn't the person who slipped also have seen it and walked around, avoiding injury?

Negligence experts can correctly say I've oversimplified the analysis. Volumes have been written on this subject, and in fact supreme court justices have adamantly taken divergent views even on basic negligence law. This is what it boils down to.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

Posted

Dollar tree's response to your claim of slip and fall on company property is typical. Large retail chain stores rarely resolve personal injury claims with unrepresented people injured in their stores.

The reason that most large retail companies do not resolve slip and fall incidents is that most of the time if they ignore claims like yours they are never brought. Even when the person who suffered the slip and fall accident hires a lawyer, companies like Dollar General usually defend these claims very aggressively. In order to prevail, they force you to file a lawsuit, take depositions, and get a trial date. Sometimes these cases resolve before trial. However, many of them will not resolve without a jury trial.

Injured people often believed that if they fall on someone else's property that makes the property owner responsible for their injuries. However, in reality, slip and fall cases are often very difficult cases to convince a jury to award money. As another lawyer has already pointed out to you, the defense will be that you should have been able to see the bread racks and avoid them.

Of course, that does not mean you should give up on your case. Instead, you should call a lawyer that has experience in handling premises liability cases like yours. Unfortunately it is impossible to analyze your chances of success with the limited information you have provided. However an experienced premises liability lawyer can sort through all of the information and pursue your case for you if you have a valid claim.

Posted

Based on the information you have given you may have a ver viable case against the Dollar Tree Store. Trip and Fall cases can be difficult to prosecute sometimes since there can be significantly different "stories" given between the injured person and the store employees. However, pictures can sometimes be worth more than a 1000 words! In this case, you should investigate and determine which lawyer is best for you and ask that attorney for a consultation. If you would like to discuss your matter in greater detail please feel free to call my office and speak to any of the attorneys here.

Posted

My colleagues have provided you with good advice. You should seek the help of a Tampa Bay area litigation attorney. Most attorneys will handle a case like yours on a contingent basis. That is, the attorney will front the costs, and take their fee (usually, 1/3) and costs out of the recovery.

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer