Not exactly. You would have to prove the store was negligent and that the negligence caused your fall. Typically this means the store created the dangerous condition or it was there long enough so that the store should have addressed it.
Then you have to prove the negligence caused the medical conditions of which you complain. This means that a doctor has to say so.
If you waited for a year to see a doctor after the fall, I doubt that any decent lawyer will take the case. It is just so unlikely that there will be proof that the fall caused any injury.
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 firstname.lastname@example.org, or visit my website http://www.millerlawoffices.us
Just because someone falls in a store does not mean the store owner or operator is negligent. The facts surrounding the fall are key. Why did you fall? You must have an injury to bring a valid claim.
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More facts are needed to properly evaluate whether you have a claim and to answer your question.
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No. A fall on property does not mean the property owner or manager is automatically liable. You have to prove negligence. Additionally, from your question it seems as though you just recently saw a doctor -- 2 years later. This raises the question as to whether you actually sustained any damages in the fall.
You may want to consult another attorney for an in-person review of your circumstances. Based on what you have written here, however, your circumstances do not appear good for compensation.
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.
When someone asks, "Do I have to go a doctor in order to have a case?" it makes me wonder if they were really injured and what is their motivation. Just to get money? Life is full of unfortunate and unfair events, and one cannot expect to get money every time their foot gets stepped on. Your lawyer said you have no case. I suggest you dust yourself off, and move on.
That question cannot be answered completely without knowing more about your situation. There are many factors that can determine whether the owner of the premises is liable for your injuries. Generally, a store owner is not responsible for wet sidewalks caused by rain. However, if they normally take measures to ensure their customers’ safety and did not follow those procedures in your case, there may be a basis for liability. There is also a question of who the actual owner of the property was. It may be that the store owners only lease the property from someone else. Another factor may be that there was some other defect that actually caused you to fall instead of, or in addition to, the rain. It would be very important for you to contact an attorney immediately to sort out the facts and determine whether there are grounds to file a lawsuit. Just so you know, in Alabama, you have two years to file a lawsuit when you are injured under these circumstances. Best of luck.
Find another attorney who has experience in slip and fall cases. Is there negligence on behalf of Winn Dixie. Meaning did they fail somehow in their duty to maintain a reasonably safe condition for you. As an invitee you are owed the highest duty of care. However, just because you fell does not automatically mean Winn Dixie is liable for your injuries. It is always possible that both parties can be held to a % at fault. Often juries come back apportioning fault to both parties if it is unclear as to who was negligent. In order to get money you must have sustained a permanent injury due to the negligence of another. If you are injured you should be treating with a physician. You should also seek a couple of free consultations with attorney's and get to a point with one of them that you feel confident with. Keep an eye on the Statute of Limitations. If you have a claim with Winn Dixie you have 4 years in which to file an action or you are forever barred from doing so.
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