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My daughter fell in the supermarket in briused her knee do i have a case

Baltimore, MD |

she fell in the market on a spill the market took down the infromation in i took her to the ER they said she just briused it pretty bad

Attorney Answers 3

Posted

Whether or not you and your daughter have a viable claim depends on whether the owners or operators of the market did anything they should not have done, or failed to do anything they should have done that rises to the level of negligence. Property owners are not outright insurers but in fact are liable only for failure to reasonably maintain a safe premises.

Here is more on 'slip and fall' negligence liability and may help assess your case:

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.

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Posted

Your Daughter may have a case. Call a local lawyer

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.

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Because you were on the premises for the store owners benefit your daughter would be considered an invitee. As an invitee the store has an obligation to make inspect, warn and make safe. The store has to be on notice of a unreasonably dangerous condition or the condition needs to be there for such a period of time that the store would have known about it. Typically a store will use something called "sweep logs" to defend slip and falls. The sweep logs are kept by the store to show when areas were cleaned/inspected. If the area was just cleaned and then she fell, the store will likely argue that they did not have notice of the condition. In any event, yes, there is a cause of action.

Typically stores have something called medical payments coverage. This coverage is used to pay medical bills, up to a limit, regardless of fault. In other words, if the store has medical payments coverage, the store should pay the medical bills no matter what their investigation yields.

Slip and fall cases are difficult and typically insurance carriers try to defend such cases.

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