How do you prove negligence regarding a slip and fall?

UPDATED: Aug 1, 2011

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How do you prove negligence regarding a slip and fall?

I fell in water at a convenience store. No caution sign was posted but a freezer was empty and water was in the aisle. I didn’t see it until I fell in it.I didn’t request an ambulance but went right away to the ER. I was treated given an X-ray, nothing was broken I was told soft tissue damage was likely. I needed to be seen by my own physician in a few days after swelling went down. On the way home we stopped by the market to talk to the manager. I asked for an incident report and was told they never heard of such a thing. I then asked for the name of owner or employees present and was told “no way”. My husband took really bad pictures of the aisle, which now had cones and a caution sign.What do I do next I want to sue for egligence and for ER bills?

Asked on August 1, 2011 California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Try to contact the owner or the corporate headquarters  to get the name and address of the store's insurance carrier in order to file your personal injury claim.

When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports from the doctor and the hospital.  You should also obtain documentation of any wage loss from your employer.  Your personal injury claim with the store's insurance carrier will consist of the medical bills, medical reports, and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the store's insurance carrier, reject the offers and file your lawsuit for negligence against the store.  If the case is not settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  In CA, there is a two year statute of limitations in personal injury cases.  

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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