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.
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.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
Car / Auto Accident Lawyer
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.
Car / Auto Accident Lawyer
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
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.