The legal standard is whether the store knew or should have known that there was a dangerous condition which caused you to fall with sufficient time to eliminate the condition. Evidence can come in pictures, videos, witness statements and other corroboration of the condition and how long it had been there. The second requirement is damages and, you are right, that it is becoming harder to convince a jury on these cases and most attorneys would need some, significant injury to justify the expense of pursuing the case.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Pictures or video surveillance go a long way in helping out these cases. So do independent witnesses. You should call a personal injury attorney to review your legal options.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
In addition to the above answers, you have to prove negligence. The store had to cause the dangerous condition to exist (employee spilled water and didnt clean up), or they knew the dangerous condition was there and had time to remedy it or at least warn of it and didnt, or the condition was such that they were negligent for not knowing it was there. (eg they never inspect the floor)
As mentioned you need to have suffered damage.
As an experienced Los Angeles personal injury attorney would like to know what injuries you sustained from your injury. The amount awarded depends on a variety of factors (loss of wages, medical expenses, suffering etc.) but the driving force behind the case is the injury. I have over 30 years of experience practicing law and have advocated on behalf of my clients to protect their rights and allow them to receive high compensations. I hope that I can be of greater service to you.
Martin P. Weniz
(310) 268 5555
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