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Recently I slipped and fell at my local grocery store. It seems I stepped on a zip tie that was on the floor.

Wesley Chapel, FL |

I am now experiencing pain in my shoulder, neck and back. I contacted the grocer and they advised me to use my own ins and they will cover up to 500;00 does this seem right?

Attorney Answers 13


  1. Best answer

    No. If you were truly injured then you need to hire a personal injury attorney immediately and also get immediate medical attention.
    www.southfloridaaccidents.com

    Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-client relationship exist.


  2. Assuming that the store was negligent--the store will generally have an insurance policy with large liability coverage limits. It seems as if they are trying to offer you less than what your case may potentially be worth. It is best that you seek medical treatment immediately and then speak with a personal injury attorney to better assist you in this process.

    The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.


  3. Assuming that the store was negligent--the store will generally have an insurance policy with large liability coverage limits. It seems as if they are trying to offer you less than what your case may potentially be worth. It is best that you seek medical treatment immediately and then speak with a personal injury attorney to better assist you in this process.

    The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.


  4. Usually the med pay provisions is $5,000 not $500. You should consult a local personal injury lawyer and let them help you with these decisions and not speak to the store personnel or their insurance carrier.


  5. If the store has optional insurance coverage known as Medical Payments (MedPay), then this often covers up to $5,000 without regard to fault. It generally reimburses only those medical expenses which are documented with bills/receipts. It you have health insurance, then the MedPay may be paid directly to that health carrier. It does not cover "pain and suffering."

    Keep in mind that if you seek any reimbursement above the MedPay limits, or pain and suffering, then such requires proof of the store's negligence.

    Consult a local injury lawyer about your circumstances.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.


  6. You should first take care of your health, and see a doctor using your own health insurance as the primary source of payment.
    The recommendation to make a claim through your own homeowner's insurance seems strange, as does the $500.00 amount for your own injuries. I can't say more without seeing the actual policy though.
    The grocery store may be liable, but that will be something that would have to be proved, depending on the evidence. Slip and fall litigation is never easy, but if you are hurt beyond aches and bruises, I would suggest contacting a local attorney in your area that can assist in preserving evidence and communicating with the grocery store on your behalf.
    This same attorney can advise about your insurance policy.

    No attorney-client relationship is intended by this answer.


  7. I would contact a local personal injury attorney before you take any further action.


  8. It sounds as if you have a valid premises liability claim. You should seek immediate guidance from a personal injury attorney in Pasco County. He can give you some guidance regarding proper medical professionals to consult and how to pay for their services.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******


  9. No, it does not sound right. But, you should see a doctor and pay for the care using your own coverage or money. Present the bills to the store to pay them, but don't count on them paying them either. If you are seriously injured see a lawyer. the issue will be if the store was negligent in allowing the zip tie to remain on the floor.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  10. What seems right and what is right are two different things. As you can appreciate, any negligent defendant wants to limit their liability and will, in some cases, say or do things which are contrary to the law. Generally, a store owner will have a policy of insurance to cover your injury, but a store owner's deductible might be more than he/she thinks your injury/claim is worth and consequently, he/she is more inclined to tell you that he/she/it will pay you a nominal amount in exchange for a release. The policy of insurance, however, may provide for medical payment coverage where the policy will pay your medical expenses irrespective of liability (without a release). The policy of insurance will also likely contain a limit of coverage, in some cases as much as 1 million or more, applicable to your injury/damage. Therefore, it is imperative that you consult with an attorney before you make an agreement with a negligent defendant and/or release your claim when you do not know the extent of your medical condition. Also, note that an attorney, who is retained close in time to the accident, can and will preserve what evidence may exist should the store owner refuse to accept liability at a later date, i.e. surveillance.

    Mr. Farber is licensed to practice law in Florida and Texas. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information concerning the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Farber advises the questioner to confer with an attorney in his/her state in order to ensure a through evaluation of these issues can occur with proper advice being provided.


  11. Best course of action is to retain one of the above personal injury lawyers in your state to investigate a claim.


  12. No.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  13. In most cases regarding slip and falls liability is always the grocery stores first defense. Whether or not the grocery store is negligent for your injuries you should first and foremost seek medical attention for your injuries. Typically a grocery store will have a med-pay or medical payments coverage available to you that is $5,000.00 not $500.00. I would recommend seeking consultations with personal injury attorney(s) to fully advise you on your possible claim and issues such as possible witnesses, statements you may have already made-which is ill advised without an attorney, and whether a report was filed at the time of the fall. Also, many grocery stores have video cameras that may have captured your fall. This video should be preserved. Thus,there are often many issues that need to be addressed and investigated by an attorney as early as possible.

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