What are my rights if I slipped and fell on some liquid detergent at a store?
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What are my rights if I slipped and fell on some liquid detergent at a store?
There were no barricades, nothing blocking it off but the asst. manager was on the floor trying to clean it up. I found out later, a lady slipped on the same detergent and an ambulance was called. I hurt my back and knee, got chiropractic help, etc. My total medical bills are $2,275. I was told by the company that handles this store that they do not pay medical bills since I have insurance and they offered to give me $1800. This seems low to me but what do I know? Shouldn’t they at least cover the cost of my medical bills?
Asked on July 23, 2015 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The fact that you have insurance is irrelevant. The store is liable for your medical bills. Compensation for the medical bills is straight reimbursement. In addition to compensation for the medical bills, you should also receive compensation for pain and suffering, which is an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury. You should also receive compensation for any wage loss. Compensation for wage loss is straight reimbursement.
Another concern is that your insurance company might require reimbursement for paying your medical bills. Therefore, the amount of any settlement from the store's insurance carrier has to be sufficient to take that into consideration.
If you are dissatisfied with settlement offers from the store's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the store.
If the case is settled with the store's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with the store's insurance carrier, your lawsuit for negligence against the store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
The settlement offer you mentioned is unacceptable and should be rejected. You can make a counteroffer and continue settlement negotiations.
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