Skip to main content

I suffered a slip and fall at a mall in Arizona and as a result of that arthroscope surgery was needed on my right knee.

Colorado Springs, CO |

The floor was wet outside Rain forest Café but it was not noticeable because the floor was that shiny tile. Mall security was called and they took down my information and took pictures of my swollen knee. Just a few months passed when I had to seek medical attention forcing me to go to the emergency room because my knee was so swollen and couldn't sleep for days. No pain relievers worked anymore. Had x-rays done and MRI and was sent to an orthopedic specialist and he determined I needed surgery because I suffered a torn cartilage. Had it done within 2 weeks of that Dr's visit because it was necessary. It will take about a move to recover completely. What can be done about this being that I've gotten the run around from the people at the mall and their insurance company?

Attorney Answers 7

Posted

It's necessary to file suit in most slip and trip and fall cases.

In slip and fall cases the coefficient of friction has a lot to do with whether you'll be able to recover for your injuries.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

Retain a local personal injury lawyer to investigate.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

Slip and fall legal claims require legal and procedural attention from the start. I highly recommed you consult with an experienced personal injury attorney ASAP. Don't wait for the mall to call you, they're in the business of making money by attracting merchants and buyers into the facility to exchange money for goods, not to help people who are injured. When the phone doesn't ring, it's the insurance company. You have a gap in treatment that will need to be cemented together by a medical narrative. Finally, slip and fall cases are no slam dunk, here's why: Blue link Below:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Mark as helpful

1 found this helpful

8 lawyers agree

1 comment

Asker

Posted

Thank you! I have been in contact with an attorneys office and the dr who performed the surgery faxed over some notes he took on my first visit with him that stated the result of that injury was likely to have been from that fall. I have been in contact with that office for about 3-4 months now.

Posted

The insurance company will not take your claim seriously until you have an attorney. They probably did you a favor but not making you a token offer that you accepted. Take advantage of the opportunity and immediately consult with an experienced local personal injury attorney to maximize your chances of being fairly compensated for your claim.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

You will need an Ariz. personal injury atty. to assist. I would not wait any longer

Mark as helpful

1 found this helpful

7 lawyers agree

1 comment

Asker

Posted

Thank you! The attorneys that I am talking to are in Phoenix Az..that is what I was told from the beginning to do.

Posted

I agree you need an PI attorney.
You should retain one immediately for the best result.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

You have already lost valuable time waiting for the insurance company to do the right thing. Retain an attorney immediately. You have a serious enough injury to get the attention of a lawyer to investigate this claim. THese are not easy cases however. What you describe appears to be a transient condition, "spilled" drink or something like that as opposed to a broken pipe for example. Just because you fell does not mean the mall is responsible. You must show that they had notice of the hazard or "constructive" notice of the hazard before you fell. As I am sure you understand, the mall can't have someone follow everyone around to make sure the floors are dry. You must show that the hazard was there long enough before you fell so that the mall should have found it and cleaned it. Sounds pretty tough? It is? One way show it was there long enough for them to know is if you saw footprints in and around the spill after you fell. The reasoning goes that if it was there long enough for other customers to have walked through it, then it was there long enough for the mall to have discovered it and cleaned it. THere are other ways. Also, another lawyer mentioned testing of the floor to show that it was not proper flooring--too slippery when wet. As you can see, the insurance company was never going to help you with this claim. Here is their motto: "Delay, deny, defend!"
Retain a lawyer as soon as possible and stop talking to the mall or insurance company--though it appears that has not been an issue so far.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Mark as helpful

1 found this helpful

4 lawyers agree

2 comments

Asker

Posted

Thank you! This happened by where the crocodile display is right outside the restaurant and it appears as if a kid was playing in the water because there was a trail of water from inside leading out and towards the exit of the mall so i would think employees working in the souvenir shop right by the crocodile display would've or should've seen the kid in the water! No adult would be in the water..atleast i hope not hahaha! There is the hostess stand close to it too..

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Someone spilling a drink somewhere in a mall is a tough claim. Again as odd or as apparently as it may appear, the person who fell must show how long a hazard was on the floor. The idea is that the landowner must have had some opportunity to correct the hazard. This can be done sometimes as I mentioned previously by showing footprints around the spill--been there long enough for others to walk through it then it was there long enough for the landowner to have discovered and fixed it. In your case, you have what can be deemed a recurring hazard. There is a water source nearby which which has the ongoing potential to cause this hazard. The mall will need to show what it did to address this "problem" area in the mall.

Personal injury topics

Top tips from attorneys

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

Browse all legal topics