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


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

Answered 8 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.


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 AttorneyPages.com 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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