slip and fall ny local supermarket chain

slipped on water in large water bottle isle display.no caution cones, maintenace admitted to me and manager he knew where water came from but didnt clean it up yet. injuries- complete tear medial meniscus, fractured fibula,hamstring insertion damage,peroneal, sural nerve damage(permanent),100/140 flex knee damage(permanent). what percent of liability do you feel would be given to supermarket and average settlement amount for this type, there was also a witness. thank you
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Answers (3)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
To bring a tort suit in civil court you need for negligence against the defendant. In general terms, negligence is either the failure to do something that an ordinarily prudent person would do under given circumstances or the doing of something that an ordinarily prudent person would not do under those same circumstances. Any lawsuit grounded in a negligence theory involves a breach of a legal duty imposed by statute or otherwise, owed by the defendant to the person injured. There must be damages that are the proximate result of the breach of the duty owed by the defendant to the injured person. You have a good start so..... get a lawyer.

You need to get talking to an attorney quickly.

You should quickly seek a lawyer because the time limit to take action to protect your rights is short.

You might find helpful my Legal Guide "Successful Start for a Personal Injury Suit"

http://www.avvo.com/legal-guides/ugc/successful-start-for-a-personal-injury-lawsuit

You have rights but you must act to protect those rights. If you wait too long the time to act expires.

You might find helpful my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Good luck to you.

God bless. I am in Chicago and do not practice in your state.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Clifford Douglas Gabel

Clifford Douglas Gabel

Contributor Level 5
There are two parts to any slip and fall case: liability and damages or injuries. Your injuries are serious, but the liability is not going to be easy. The manager may have told you he knew where the water came from and that he didn't get to it in time to prevent your accident, but that doesn't mean he or the store is liable. You have to show they knew or should have known about it for a long enough period of time to remedy the situation but failed to do so.

Do you have a copy of the accident report? And if so, does it contain an admission of liability on the part of the supermarket? And how cooperative is the witness? Would he/she be willing to give a statement?

I'm interested in talking to you further about the case. Please feel free to call or e-mail me.
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Jeena R. Belil

Jeena R. Belil Avvo Pro

Contributor Level 6
There is no way to tell, from your short description of the accident, whether the store bears any liability to you. Slip and fall cases are challenging to prove in NY and further investigation of your case is necessary in order to make a proper assessment.

Any attorney you decide to hire will want to know whether you filed a report with the store, the name of the store manager, the name of the individual you describe as "maintenance" and the name of the witness. This information is crucial in order to start putting the pieces together on the liability portion of the claim.

Feel free to contact me if you would like more information.
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