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Can i sue for neglieance or pain and suffering if i fell at my daughters school on spilled milk is this a good case or lawsuit?

South Bend, IN |

i fell on some spilled milk at my daughters school in front of some teachers and students there were no signs or even a person there to watch over the milk til it got cleaned up i injured my knee and have a quad tendon sprain i am at home mom of 4 kids from 11- 1yrs old and my daily activity is very limited and i find myself in pain than happiness around them i am in physical therapy and had to have a friend move in with me shes a big help im more embrassed for falling and having someone move in im on medicaid and they pay for physical therapy. should i let it go?

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Attorney answers 1


It all depends on the severity of your injury. A quad tendon sprain is probably the kind of injury from which you can fully recover with limited treatment. Only you know how bad it is. If you need surgery, then it's probably worth pursuing a case. If you only need a few weeks of physical therapy, then it's not.

A slip-and-fall case can be difficult, especially in Indiana if you're in a conservative venue. You would have to show either that the school personnel knew about the spill and did not clean it up in time, or that the milk was there for a sufficient length of time such that the school could and should have noticed it and cleaned it up but failed to do so. That they cleaned it after your accident is of no consequence. If you can show that, then you'll be able to prove your case and should be compensated for the value of your injuries. That's why it really depends on how badly you're hurt. If it's not that bad, then it's probably not worth it, but again, only you know that.

While I do not practice in Indiana, I can recommend an attorney in your area. Please feel free to contact me directly via email. Good luck.