Q.
I was shopping at Ralphs Market and fell because water spilled on the floor. I landed on my elbow and my elbow was swollen badly the next day. I went to the hospital the next day and found out that my elbow was broken and needed surgery. Ralphs Market’s insurance company denied my medical bills because another customer spilled the water. How can I win my case against Ralphs Market?
A.
Slip and fall accidents are often difficult to prove. In order to win a case, the victim must prove that the owner knew or should have known that there was a dangerous situation that could cause the accident and failed to take action. If the owner or an employee created the dangerous situation that caused the injury, the owner is usually liable. However, if the situation was caused by a non-employee, such as a customer, the victim must prove, as mentioned above, that the owner knew about it or had enough time to discover it and take action.
For example, if a customer spills a drink on the floor and you fall right there, the owner would not have known that the drink was spilled and would not be liable. Instead, the customer who spilled the drink would be liable. However, if the drink was spilled and left there for more than an hour, the store would be liable because an hour is enough time for the store to have noticed it, even if the store's employees or managers did not notice it. In addition, if the store was aware of the spill but did not take action immediately or put up a warning sign, the store would also be liable.
In your case, if the spill was caused by an employee of Ralphs Market and the spill was reported to Ralphs Market management but no action was taken to address it, Ralphs Market would be liable. However, if the incident was caused by a customer, the length of time the spill was left will determine liability, regardless of whether it was reported to the store. And where the spill was, CCTV footage, cleaning logs, and incident reports, among other factors, will help your attorney determine how to sway the case.
What should you do if you have a fall accident?
1. Seek immediate medical attention for your injuries.
2. Identify the cause of your fall, take photos, and secure witnesses.
3. Report the incident to the store manager.
4. Consult a personal injury attorney about the incident.
Q.
I was shopping at Ralphs Market and fell because water spilled on the floor. I landed on my elbow and my elbow was swollen badly the next day. I went to the hospital the next day and found out that my elbow was broken and needed surgery. Ralphs Market’s insurance company denied my medical bills because another customer spilled the water. How can I win my case against Ralphs Market?
A.
Slip and fall accidents are often difficult to prove. In order to win a case, the victim must prove that the owner knew or should have known that there was a dangerous situation that could cause the accident and failed to take action. If the owner or an employee created the dangerous situation that caused the injury, the owner is usually liable. However, if the situation was caused by a non-employee, such as a customer, the victim must prove, as mentioned above, that the owner knew about it or had enough time to discover it and take action. For example, if a customer spills a drink on the floor and you fall right there, the owner would not have known that the drink was spilled and would not be liable. Instead, the customer who spilled the drink would be liable. However, if the drink was spilled and left there for more than an hour, the store would be liable because an hour is enough time for the store to have noticed it, even if the store's employees or managers did not notice it. In addition, if the store was aware of the spill but did not take action immediately or put up a warning sign, the store would also be liable. In your case, if the spill was caused by an employee of Ralphs Market and the spill was reported to Ralphs Market management but no action was taken to address it, Ralphs Market would be liable. However, if the incident was caused by a customer, the length of time the spill was left will determine liability, regardless of whether it was reported to the store. And where the spill was, CCTV footage, cleaning logs, and incident reports, among other factors, will help your attorney determine how to sway the case. What should you do if you have a fall accident? 1. Seek immediate medical attention for your injuries. 2. Identify the cause of your fall, take photos, and secure witnesses. 3. Report the incident to the store manager. 4. Consult a personal injury attorney about the incident.