Does the store I fell at have to pay my lost wages?

UPDATED: Sep 30, 2022

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Does the store I fell at have to pay my lost wages?

I fell at a radio shack owned by my husbands grandparents. I slipped on ice that was on steps and fell directly on my elbow. Broke my elbow and it got flattened 4mm. I had to get surgery. The injury happened 03/22/17 and I cannot go back to work until 04/13/17 at least. I will also be needing physical therapy. The business owners have to pay for medical bills and lost wages?

Asked on April 2, 2017 under Personal Injury, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF the store was at fault, they would be likely be liable (have to pay, that is) for your lost wages, out of pocket medical costs, and possibly some small amount for "pain and suffering." The key issue is: where they at fault?
IF the ice was there long enough that reasonably, the store should have been able to scrape, salt, chip, etc. the ice away but failed to do so, that failure to take reasonable steps to prevent an obvious risk. But on the hand, if it was snowing or freezing rain or sleet at time, so the ice was occuring then, or had only just stopped, so that in either event, there was no reasonable opportunity to clear it up before you fell, the store would not be liable: they are only liable if they reasonably could and should have prevented this, but did not.
Of course, even if they should be liable, if they don't pay voluntarily, you'd need to sue them or the money, and in the lawsuit, would have to prove in court their opporunity to prevent your accident.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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