Posted: Mon Jun 30, 2008 12:35 pm Post subject: Slipped and fell in the store front: who is liable?
I wasn't sure where it post this so I am putting it here. Yesterday I slip and fell on a puddle of water at a nationwide large chain store. I told the manager and filled out the report. I wanted to know what my options are because last night I was doing ok but this morning I feel like a truck ran over me. Can someone help me? _________________ Register Now to have your Insurance queries solved.
Do you have any type of health insurance? They would be able to address the loss. If you feel that medical treatment is required, you should seek it regardless of who's going to pay the bill.
Most larger retailers have Medical Payment coverage on their policies that can be extended to address people injured regardless of liability. But until you speak to an adjuster, it's unknown if this store carries it (it's standard on a commercial general liability policy).
Liability really depends on the details. Why was the water there, how long was it there, where was it, etc.
I'm with tcope if you're hurt and need to see the doc, then by all means go to the doc. What can you expect? The adjuster will call and likely take a statement, and explain what coverages (if any) are available...You don't say where on the property you fell, what the liquid was etc...There will be a lot of questions that need to be asked to determine if any negligence is present.
(I deleted your duplicate post Misty, it's fine it happens some times to all of us...) _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Liability really depends on the details. Why was the water there, how long was it there, where was it, etc.
Tcope has pointed it quite correctly and it'll take little time to establish the liability. Meanwhile, don't ignore the pain and visit the doctor immediately, and if necessary involve your health insurance carrier. They can, however, recover the amount that they will pay towards your claim, including your co-pay afterwards from the store line. _________________ Register Now to have your Insurance queries solved.
Its jus out of curiousity that am asking-
Quite sometime back I had a netpal named Misty Valdez who was from CO Springs (Aspen Ave.). We are not in touch anymore for the last 6-7 years..
Are you the same person by any chance!
Regards, anonymous00 _________________ Register Now to have your Insurance queries solved.
just noticed the subject line... sounds like narcolepsy
oh my gosh T, I'm going to have to get plastic to put over my key board! You're killin' me brother! _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I was in the beer isle of the store, I picked up what I needed and had a couple of other things in my hands. There was a vendor off loading a cart so I went around him (there was plenty of room) there was what I am hoping was water (it was a clear fluid) on the floor. I didn't see it until I was sitting it it. _________________ Register Now to have your Insurance queries solved.
Oh, and yes I have health insurance and going to see the doc. This happened in Texas. I was given a card with an 800 number on it. I called and the lady transfered me to someone in customer services. I left a message but he hasn't called me back. _________________ Register Now to have your Insurance queries solved.
If you have health insurance, that is GREAT! You can seek medical treatment and have your health carrier initially address the bills. If appropriate, they can seek recovery from the at-fault party.
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I was in the beer isle of the store, I picked up what I needed and had a couple of other things in my hands. There was a vendor off loading a cart so I went around him (there was plenty of room) there was what I am hoping was water (it was a clear fluid) on the floor. I didn't see it until I was sitting it it.
Were you asleep? Just kidding!
These are always interesting and we were talking about this in another thread. There are several things that apply in this case. what was the fluid on the floor, where did it come from, should you have seen it (you mentioned carrying several items... does the store provide baskets for this, etc), how long had the fluid been there, what process does the store have in place to locate hazards such as these and what is their policy once they are located, why type of shoes were you wearing, etc. The adjuster will need to find the answers to all of these questions in order to address liability (i.e. to determine if their insured was liable and if so, how much).
Unfortunately I can only answer a couple of those questions. First No, I wasn't asleep. I am HOPEING that it was water. I can't tell you where it came from. the puddle was clear and close to the shelves so even though I was carrying items I don't believe I would have seen it. I can't tell you how long it was there. I don't know what the stores policy's are for locating and elimanated such hazards, however I do know that when i managed to get back up and I located an associate she didn't seem to concerned for either the puddle or me. I was wearing flip flops with the foamy type bottom that has tread on them.
Do I just ask my health carrier to call the store to seek settlement, or am I going to have to get a lawyer. Can i handle this myself, do I have the right to ask for any kind of settlement? I just don't understand what should I ask for and what is ridiculous. _________________ Register Now to have your Insurance queries solved.
I'm not suggesting that you have the answers... I'm only stating that these things need to be known to fully understand how the situation will be handled by the carrier.
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Do I just ask my health carrier to call the store to seek settlement
You usually fill out a claim form of some type for the health carrier. It should ask how the injury happen. From there it's up to your health carrier to seek recovery if they want.
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Can i handle this myself, do I have the right to ask for any kind of settlement?
Yup, you have a right to ask for as much or as little as you want. I have a right to ask my next employer for a million dollar pay raise as well.
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I just don't understand what should I ask for and what is ridiculous.
This is why many people hire attorneys. But for unrepresented people, the adjuster will usually make an offer if it's appropriate. You can feel free to make a counter demand and then it's off to the races. It's just like buying a car. Certinaly if the injury and treatment is minor, there is not a lot of room for huge differences in compensation.
Misty...I'm sorry but this was just funny the way you stated it!
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I was in the beer isle of the store, I picked up what I needed
When you talk to the adjuster say the soda pop isle or whatever else is in that isle (no just kiddin')...Gonna tell you and T will agree I feel fairly certain...slip and fall claims like this are hard to prove 100% negligence...I can tell just from what you have said, more than likely (dont' panic not always)...they will apply ''some' negligence to your shoes, and full hands...More than likley the store has cameras ask them for a copy of you falling...can't hurt a thing...as T said, seek treatment see if you are ok, and will heal with time...let us know if you'd like we will be happy to help any way we can... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
They won't give up the video from the camera... not in a million years.
Yes, they will consider those mitigating factors that Lori mentioned as well as any others but they all don't displace negligence. They are just valid defenses the insurance company will raise (for example, if your hands were full because you did not use the provided baskets, this may have "helped" you to slip and it's not the fault of the store. But keep in mind that these things work negligence down from absolute to something less then that. It's not like one little thing will allow them to deny the entire claim. Your complaints are valid as well. Also, it's not like the carrier can accept 90% liability and pay 90% of the claim as a portion of the claim can be for "pain and suffering" and this is a made up amount anyway. So the mitigating factors usually just reduce the amount paid over-all. But reduced from a made up number anyway.
Exactly...I just wanted the OP prepared for that...and when giving her statement not to say something like, 'I was wearing these old flip flops that fall off all the time''...you get my drift....you could've been roller skating and there still should'nt have been water on the floor...there's no changing that....
RE: tape...don't hurt to ask for a copy...my sister in law fell at a 'taco' place, the coughed up a copy without any trouble...course will depend on who you talk to ...perhaps she got a moron? _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
