Should We Pursue a Lawsuit?

[Paulie]

On Monday (2/18), my girlfriend went into a local grocery store here called Acme to buy a few bottles of baby formula, and there was a liquid spilled on the floor in the aisle. It must have been clear, or white, because it wasn't visible without the right angle to catch a glare of light off it. There were no Caution signs placed around it.

Anyway, she slipped on the liquid and fell, and got an injury from the fall. She's got recurring pain in her hip since the fall, and she's complaining of a pain in her neck. The neck pain may be a re-aggravation of a nerve injury she suffered a few years ago in a car accident. She also got a pretty bad bruise on her knee.

The store wrote up an incident report, and my girlfriend is going to the hospital tonight when she finishes her night class. She had wanted to tough it out, as that's how she usually is. She felt better yesterday, but today she says there's more pain again. She doesn't want to take any chances.

We're not sue-happy people by any means. I usually have issues with how many lawsuits there are in this country, but I wonder if in a case like this, it's warranted.

I just wanted to get the opinion of others on here. I figure it's probably a slam-dunk case, and they'd probably settle out of court. It's a chain grocery store owned by Albertson's. I'm just wondering if it's worth the effort.

Anyone here have an idea how much a settlement might be for a case like this? Any lawyers? Jillian?

 

[nibor]

Was there an accident report filled out..................?

 

[Diuretic]

Don't know about the situation in your location but my ex was a lawyer here in an Australian jurisdiction. When she was dealing with personal injury cases this would have been a textbook case.

 

[Paulie]

Was there an accident report filled out..................?

Yes. She's going to see her lawyer tomorrow. She saw the doctor today, and she's got a torn hamstring. She takes care of handicapped people for her job, which includes lifting them up and into wheel chairs, and other physically strenuous duties, and she's probably going to be relagated to limited duty for a little while, or perhaps even a leave of absence.

Her lawyer seems to think there's a pretty good case, based on just a quick phone consultation.

We'll know more tomorrow when she meets with him in person to discuss this.

 

[RetiredGySgt]

Sounds reasonable to me. Not frivilous or just to get money. Your Girlfriend was injured by an accident the Store was responsible for, she may lose time at work and will likely lose part of her ability to preform her job , at least for a time.

The store did not mean to cause the accident but they are clearly responsible for it.

 

[jillian]

In NY a store has to have notice of the condition before they have liability. If whatever it was just spilled, then they wouldn't be liable. If it was on the floor for a period of time prior, they would be.

But I don't know what state you're in or the laws that apply there. You should talk to a local attorney who knows the law of your state.

 

[RetiredGySgt]

In NY a store has to have notice of the condition before they have liability. If whatever it was just spilled, then they wouldn't be liable. If it was on the floor for a period of time prior, they would be.

But I don't know what state you're in or the laws that apply there. You should talk to a local attorney who knows the law of your state.

That sounds like a reasonable law also assuming it can be established that the spill was completely unknown to the store. Generally though a Lawyer won't take a case unless they smell money, unless she has a full time attorney.

Now our local Mc Donalds have a few problems, the floor they installed is like grease after getting wet especially if your in sneakers. They do not always mark the floor after mopping, I suspect it is just a law suit waiting to happen. When your just standing still your feet begin to slide apart.

 

[Bern80]

I would imagine somethig like that may not even get to court and they would want to settle it pretty quickly.

 

[Steerpike]

In NY a store has to have notice of the condition before they have liability. If whatever it was just spilled, then they wouldn't be liable. If it was on the floor for a period of time prior, they would be.

But I don't know what state you're in or the laws that apply there. You should talk to a local attorney who knows the law of your state.

Yep, and typically the plaintiff is going to have to prove that they knew or should have known about the spill.

 

[Paulie]

In NY a store has to have notice of the condition before they have liability. If whatever it was just spilled, then they wouldn't be liable. If it was on the floor for a period of time prior, they would be.

But I don't know what state you're in or the laws that apply there. You should talk to a local attorney who knows the law of your state.

I live in NJ. Don't you as well? I remember you claiming Asbury Park not too long ago.

Anyway, it was a random liquid spill in the aisle. I'm not sure how exactly you would be able to know how long a spill like that was there. Could have been a half hour and no one noticed it, or it could have happened 2 minutes before she walked down the aisle and slipped.

What I do know is, the store was not busy at all, and there are employees that just ramble around aimlessly doing nothing, a lot of the time. There was definitely a reasonable amount of employees there, that someone should have noticed it. Unless it had JUST happened. Which I'm not sure how either side could even prove, unless an employee steps forward and admits to knowing about it and not placing a caution sign out and mopping it up.

 

[jillian]

I live in NJ. Don't you as well? I remember you claiming Asbury Park not too long ago.

Anyway, it was a random liquid spill in the aisle. I'm not sure how exactly you would be able to know how long a spill like that was there. Could have been a half hour and no one noticed it, or it could have happened 2 minutes before she walked down the aisle and slipped.

What I do know is, the store was not busy at all, and there are employees that just ramble around aimlessly doing nothing, a lot of the time. There was definitely a reasonable amount of employees there, that someone should have noticed it. Unless it had JUST happened. Which I'm not sure how either side could even prove, unless an employee steps forward and admits to knowing about it and not placing a caution sign out and mopping it up.

Nope. Never lived in Asbury. As I recall, you made a comment about a well known shore town and my response was: "Greetings From Asbury Park" (a la Springsteen, not by way of my hometown).

I'm brooklyn born and bred. My folks and my brother are in Jersey.

Speak to a jersey attorney... they'll tell you what the notice requirements are.

 

[Diuretic]

Shoot me for this. Asbury Park and a Springsteen quote.

Sorry, it's late here

 

[mattskramer]

I don’t know. If it were me, I’d try to handle it as cordially as practical. I would have avoided talking to a lawyer so soon. I’d take my medical bills to the store, talk to the store manager, and ask if he’d be willing to do anything compromise. If he told me to “go pound sand”, then I would talk to a lawyer and at least ask for your medical bills to be paid. Watch out for limitation statutes but don’t sign away anything until you are satisfied.

 

[jillian]

Shoot me for this. Asbury Park and a Springsteen quote.

Sorry, it's late here

Heh... ;o)

 

[Paulie]

Nope. Never lived in Asbury. As I recall, you made a comment about a well known shore town and my response was: "Greetings From Asbury Park" (a la Springsteen, not by way of my hometown).

I'm brooklyn born and bred. My folks and my brother are in Jersey.

Speak to a jersey attorney... they'll tell you what the notice requirements are.

Oh ok, sorry. Misunderstood what you meant when you said that, then. Not a big Springsteen fan, so obviously that went over my head. Only Springsteen I listen to is the same old tired songs that my local classic rock station plays over and over again, every single day.

Anyway, she was supposed to have seen the lawyer yesterday, but postponed it due to an hour drive, and snowy, icy roads. We'll know more on Tuesday.

 

[Diuretic]

Heh... ;o)

Whew! Someone got it!

 

[jillian]

Oh ok, sorry. Misunderstood what you meant when you said that, then. Not a big Springsteen fan, so obviously that went over my head. Only Springsteen I listen to is the same old tired songs that my local classic rock station plays over and over again, every single day.

Anyway, she was supposed to have seen the lawyer yesterday, but postponed it due to an hour drive, and snowy, icy roads. We'll know more on Tuesday.

Not a problem. Better choice of Springsteen songs on Sirius Radio. ;o)

Good luck. Hope it works out for you guys.

 

[jillian]

Whew! Someone got it!

We try!