Negligence, Other Injury Wife hurt at supermarket, wet floor fall

D

davidsh

New Member
Jurisdiction
New York
We went to a relative's party and my wife decided to go out to the local supermarket to pick up something from the host. They didn't put a sign out that they had just mopped the floor and my wife slipped and fell and hurt her lower arm when she fell to the floor. We don't like to make a big deal out of things but after icing it down and leaving the party, her wrist area swelled and it was much worse by morning. After going to the doctor and getting x-rays, it appears she has a small fracture. She should recover without a long term effect but not only will she be in a cast, she will lose some time from work. And worse, we have some expenses from this because the insurance doesn't cover 100%.

I don't think the store did this on purpose and I am sorry that probably some minimum wage worker will be held responsible. But I can't afford all this. What can I expect going forward? Should I call up the supermarket and see what we can work out or is something that seems not so large like this be something I should use a lawyer?

By the way I really like this site so I am asking all my legal questions here. :)
 
Now that you know how this impacts your wife, you can start to negotiate with the store.

Write a letter, state the facts, ask for their assistance, see what response you receive.

Your other option is to discuss your wife's prognosis with a couple personal injury attorneys.

Don't expect a windfall.

I won't bore you with why.
I'll let your lawyer explain that to you.
Most people receive something.
What is something?
It could be a gift card or two, maybe $500, perhaps $1,000 or more.
Depends on the store's policy, what precipitated her fall, her prognosis for recovery, and how you approach the store.
 
That seems to be a prudent approach. If I can ask you one more question - is there any benefit of getting a lawyer? I am trying to figure out if adding the cost of their time makes this even more complicated than trying to just settle it with them fairly.

I guess it is two questions. I see lots of "free legal consultation" advertisements but I am not sure how much is really free. As you know, I already found out what a full refund means in airline talk. :)
 
See what you can work out with the store first. If they drag their feet or you feel what they offer is insufficient, then talk to a lawyer. A consultation is usually free. That means you tell them your story and they decide if they want to represent you and you decide if you want to retain them. Anything beyond that point is not free.
 
As a Loss Prevention Professional I have dealt with accident issues. did you file a report at time of accident? This is very important
 
Be sure to keep a record/copy of all medical related expenses.
 
davidsh said:
We went to a relative's party and my wife decided to go out to the local supermarket to pick up something from the host. They didn't put a sign out that they had just mopped the floor and my wife slipped and fell and hurt her lower arm when she fell to the floor. We don't like to make a big deal out of things but after icing it down and leaving the party, her wrist area swelled and it was much worse by morning. After going to the doctor and getting x-rays, it appears she has a small fracture. She should recover without a long term effect but not only will she be in a cast, she will lose some time from work. And worse, we have some expenses from this because the insurance doesn't cover 100%.

I don't think the store did this on purpose and I am sorry that probably some minimum wage worker will be held responsible. But I can't afford all this. What can I expect going forward? Should I call up the supermarket and see what we can work out or is something that seems not so large like this be something I should use a lawyer?

By the way I really like this site so I am asking all my legal questions here. :)
Click to expand...
First, as others have touched upon, you need to document the accident with those in charge at the supermarket ASAP! This could be done personally by you and your wife or through your Attorney, which you should be able to secure on a Contingency, since the injury resulted in a fracture.

Do NOT try to negotiate any compensation with the supermarket (those liable), since it is usually a waste of time and more often than not, reasonable compensation is not offered. Your Attorney can make sure your wife gets compensated for lost wages, medicals and pain and suffering. In many cases, your Attorney can secure up front treatment of injuries on a lien basis, without the need to make a payment until the case settles. Good luck and let us know how it turns out! :)
 
davidsh said:
I see lots of "free legal consultation" advertisements but I am not sure how much is really free.
Click to expand...

Attorneys will often sit down with you for a short visit just to get basic details and tell you what they can do for you.

Attorneys that advertise on TV generally have a paralegal do a basic interview and then the attorney decides whether to pursue it.

Understand that attorneys can't afford to spend a lot of time on people so they look at the potential pay day and can decide relatively quickly as to whether or not to take the case.
 
Ok this is VERY important did you report the accident at the time it happened? If you did not this could be a problem. In addition stores dont always keep video footage for very long unless there is an event they need to save. If this was not reported depending on time the store may no longer have to footage to support your claim. If you did not report it at time you need to to do so right away. It would also be helpful if you have names of any employees you talked to at time of incident.
 
Example I am working with a retailer presently that a child was hurt. Myself and a store manager went through video footage to see if store was at fault in any way. We found footage downloaded it and put it on disc for Higher Ups to deal with. The video supports no fault of store but that is up to court as person is suing or may sue. If this had taken too long the footage may have been purged to save space. So again its important you report this if you have not already
 

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