What shouldI do regrading a slip and fall injury?
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What shouldI do regrading a slip and fall injury?
I was walking fast in a business owned by a family member. I slipped and fell on sandy tile floor . There is also only a small rug when you walk in. Not a runner. I had to have surgery to have wires and pins put in my knee. Do you think that I have a case against the insurance company? Would this cause higher premiums for business?
Asked on April 1, 2011 under Personal Injury, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, you don't sue an insurance company--you sue the property owner. If the property owner has the relevant insurance, it may pay for lawyers and pay any settlement or judgment, but you need to be clear on the fact that if you sue, you are suing your family member and/or their business.
Second, whether or not you have a claim depends on whether or not the business or property owner was negligent. Negligent is unreasonable carelessness. While every case is different and depends on its specific facts--so it's a wise idea to consult with a personal injury attorney, who can evaluate your specific case in detail--there is a good chance that it would *not* be considered negligent to not have a runner. On the other hand, if the floor was sandy as you say, and the owner had knowledge or should have known that it was sandy and had a chance to sweep it up but did not, then that state of affairs may be negligence.
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