I pumped gas, started to walk around my truck, and slipped in a dirt/oil slick. I was wearing sandals. I fell hard onto my left side, and a man who witnessed it helped me off of the ground and alerted an employee that I had fallen. I'm in pain, but have no medical insurance. By the way, it has been raining for much of the day, and had just started to sprinkle again.
I don't agree entirely with the answer that there is absolutely no liability. Gas stations have a duty to clean up oil slicks and well run gas stations do routinely check the pavement around the pumps and clean up. However, that said, your case is a very difficult case for the reasons stated by one of the other answering attorneys. I believe to win your case you would need to show atrocious lack of care by the gas station in keeping the pavements around the pumps fairly clean.
No. Property owners are only liable for slips and falls if they do something negligent toncontribute to the accident. That usually means they get alerted about a wet spot and fail to dry it or cordon it off to protect customers on their property.
Here there was no way the gas station would be expected to protect customers from rain, oil and dirt on their property. You just a victim of bad weather, the fact that gas stations have oil and dirt around them, and you were wearing shoes without treads.
The KEY THING ON EVERY PREMISES LIABILITY CASE IS PROVING NEGLIGENCE ON THE PART OF THE OWNER OR OPERATOR OF THE PROPERTY. The store owner has AN AFFIRMATIVE DUTY to make sure that the premises is safe for his customers.
Thier may be defences you should talk to a lawyer right away
Get free answers from experienced attorneys.
28,978 answers this week
3,040 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary