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Is there a lawsuit present for me to pursue?

Rex, GA |

I slipped and fell in Food Depot. The store was 100% at fault. I slipped on a small puddle of water and there were no wet floor signs. The puddle was there as a result of the store (the manager said it must have been from when the crew was mopping earlier in the store). I was asked about information. I gave them information and they told me they were making a report to send to their insurance just in case. The incident happened nearly a month ago and I didn't have any immediate injuries, nor any serious injuries afterwards.

Attorney Answers 13


  1. "I didn't have any immediate injuries, nor any serious injuries afterwards." Then you have no damages, and it is not an opportunity to get a big check, if that is really what you are asking.


  2. If you were not injured what is the basis for a lawsuit?

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. While the facts as you presented them could be indicative of a negligence claim against the store, one vital component to any injury claim is obviously the injury, or damages. In this case, you indicated you did not have any injuries. If you were injured, obviously you should see a doctor. However, without having seen a doctor, it will be difficult to document any injuries you may have sustained or are suffering from now.


  4. No injury = no lawsuit. By the way, slip and fall cases are rarely 100% fault of the property owner.


  5. Thankfully, you're ok

    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


  6. If you did not sustain any injuries, there would be not claim to pursue.


  7. You did not post whether you were injured. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a LOW contingency fee. Good luck.


  8. Either you were injured or you weren't. If not, forget it. If so, consult with an experienced personal injury attorney, but don;t expect the question of fault to be open and shut.


  9. If you fell and haven't had any injuries, what are you going to sue for? You bring a lawsuit to recover for your injuries and damages. No injuries, no lawsuit...

    Without knowing more as far as the facts and circumstances no attorney on this forum can tell you if you can sue for falling on snow and ice. You don't indicate where or how this occurred, or who you consider to be responsible for your fall. What you can do is consult with a personal injury attorney to assist you who can investigate and give you guidance as to how to proceed. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  10. If you do not have any injuries why would you make any claim? In this circumstance what do you think you are entitled to? I'm not sure how this would work? The law tries to put a person back to the same position they would have been had they not been injured. The law attempts to quantify in dollars the value of a loss. So in your case yu stand in front of a jury and say: This store was negligent. They admit it. They are 100 percent at fault. I was not hurt. This is wrong and you are obligated to compensate me for what I lost and how this negligence has made an impact on my life. You are obligated to enter a verdict for my losses--a figure that is fair, reasonable and adequate for what I lost. If you were on that jury what number would you assign that would approximate your losses???
    Also remember you are in a Republican, T-people, Fox News watching state that voted for Mitt Romney by over 50 percent. Good luck finding a jury that would have any consideration for someone who was actually hurt by the negligence of some other person or company.

    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.


  11. First, your determination that the store was "100%" at fault is probably incorrect as there are many legal requirements to be satisfied in order to pursue a "slip and fall" case in Georgia, besides the fact that you may have done nothing wrong. The length of time the puddle was there, whether the store reasonably should have known about it, whether the store had an adequate fall prevention protocol and was it followed, should/could you have seen the puddle and avoided it, and other legal elements must be proven in order to recover in a Ga. Slip and fall case, not to mention the most important element, which is whether you were injured or not. Since you were not inured, what would you sue for?

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein for educational and informational purposes only. No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. For more information, contact attorney Rothstein directly at 404-216-1422. Thank you.


  12. To have a claim you have to (1) prove negligence (which is possibly shown but not definitive in your post), (2) show injuries (you have said you have none). With no injuries there is no case. Note also that in waiting a month to see a lawyer, vital evidence may have been destroyed (like store security video). Additionally, in posting details on the internet here (the store, the date and that you were not hurt) you have created their defense by saying you were not hurt where they may locate the post.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  13. If you had no injuries, then you really didn't have any damages.... thus, nothing to sue for.

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