Wondering if I should take any action. I slipped and fell on a wet floor and broke my right arm at a restaurant. No sign posted.

Asked over 1 year ago - Princeton, MN

I did talk to the manager and filled out a claim form, so they know what happened. Thank you.

Additional information

They had just opened the restaurant and when I told them what happened their response was, "That's because we just mopped our floors." The floor was very wet in front of the restrooms...another person had fallen after I did.

Attorney answers (5)

  1. Adam William Klotz

    Pro

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . I'm sorry for your injury. It is negligent of the restaurant to mop the floor and not thereafter post signs indicating the floor is wet. You likely have a cause of action. I, like many other attorneys here on Avvo, offer free consultations and would be glad to further discuss your situation.

    Adam W. Klotz
    FREE CONSULTATIONS- 612.223.6767 ext 3

    The materials appearing on this website are provided for informational use only, and are in no way intended to... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Retain one of the lawyers in your state above to investigate a claim for negligence.

  3. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Sorry for your injury. The sooner you speak with local and qualified personal injury litigation counsel the better. Do not speak with the restaurant or their claims people. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    3

    Lawyers agree

    Answered . For you to have a successful suit, it will have to be proven either that the restaurant [personnel] created the dangerous condition - ie, mopped the floor - or if the condition was caused by another person, such as another customer, that the restaurant had "notice" [ notice = awareness] of the condition but failed to act reasonably promptly in order to remedy the danger but failed to do so. In one scenario, if the wet condition was reported to the restaurant but they did not act to clean it up, it would be liable. In another scenario, the condition can be shown that it existed for such a long enough period (ie-15-30 min. or more) that by conducting a reasonable inspection it would have been discovered, in which event the law generally deems the restaurant to have had "constructive notice". This is often difficult to prove. IF you think your mishap falls into any of the above scenarios, consult with an attorney in your area right away.

  5. David B Pittman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Bring all of your information to a lawyer. Don't speak to the insurance company or representative from the restaurant.

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