Family member fell slipped in a water spill at a local business. The business filled out an incident report and the manager came running. They asked us several questions and we told them we were very concerned as the individual who'd slipped has a preexisting knee condition. They told us that they don't accept any responsibility since she has a preexisting issue for which she sees a physical therapist (even though the water on which she slipped was there's w/ no wet floor signs or indication whatsoever - and we'd been directed to go through that space by staff).
She can walk with a limp - and we've taken her to one doctor and will likely take her to another once the swelling recedes. Injuries still cause pain to the touch. I expected them to have the decency to at least pay for check-ups.
Just because someone has a preexisting conditions doesn't mean they aren't entitled to make a claim for new, additional or aggravating damages. Talk to a local WA lawyer about making a claim. Most offer free consultations.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
I am sorry to hear this and your family member needs a personal injury attorney. Whether or not the local business is responsible for the aggravation of the pre-existing injury is a very critical question that an attorney can help answer. The business and it's insurance carrier will not willingly pay for anything and the assistance of an attorney in developing, documenting and presenting your family member's claim will be very valuable. Good luck with your case.
Pre-existing conditions do not eliminate liability. This probably is a misinterpretation of what an insurance adjuster has told the business owner in the past. Insurance companies usually want to thoroughly investigate incidents involving persons who have injured the same part(s) of their body that were injured previously, and not accept liability immediately, but this does not mean that people who have been injured previously cannot recover for current injuries.
I am licensed to practice law in Maryland and the District of Columbia; my remarks in response to your are subject to the laws of the jurisdiction in which the legal matter is, will be, or may be resolved. Please be aware, of course, that specific questions entail specific facts as to which an experienced lawyer can give you reliable advice. Both my and other lawyers' answers to questions on Avvo are for general purposes only and do not establish an attorney-client relationship; nor should they be considered legal advice. They also are simply responses to the questions that are posed, and do not necessarily address every circumstance in your particular situation. Your best approach may be to contact a lawyer directly through Avvo, and have a consultation at which time you can provide complete details.
Of course they don't want to take responsibility. Get a local personal injury lawyer to investigate a claim against them.
The best advice, speak to a lawyer. Slip and falls are tough cases, but don't take the tortfeasor's word that there is no claim.
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