I was on my way to the restroom and I was walking slow. Suddenly my right foot slip and twist,and I lost my balance and fall on the floor with my left arm and legs supporting the rest of my body. It took me a few second to get up sine I feel a pain in my right ankle. I noticed while I was on the floor that the floor was too shiny. I believe mall floor should be clean but not polish because it will eventually cause people to slipped just like what happen to me. I have a swollen right ankle and a back pain, which I have a hard time moving around and taking good care of my kids(age 6 and 4). I send an email to the mall informing them of the accident and ask them not to take the complaint for granted.
Norman Gregory FernandezCar / Auto Accident LawyerHuntington Beach, CA ·
The short answer is yes so long as certain conditions are met.
My firm handles slip and fall cases all over California. You can check out my website at www.slip-and-fall.net or call me fir a free consultation at 800-816-1529 ext. 1.
I am sorry you had this accident. My best hope for you is to regain full health as soon as possible and to not have to pursue any claim against the property owner/managers. These are more difficult cases, and they involve many questions, including whether you were at fault in any way. Your slip and fall case, to be successful, will require several things, including evidence of an error (negligence) on the part of the mall management, whether it be allowing a substance on the floor that shouldn't have been there (and that they had the opportunity to remedy) or a condition that continued to exist over time that they should have fixed. I take it you didn't see the area as you fell, but inspected the area afterward. I'm concerned that you may not have had any witnesses to your fall, and that evidence wasn't collected right then and there (pictures, statements, etc.). The fact that mall managers did not even respond, but you sent an email to them the next day, is not a good sign for the claim. Witnesses, especially independent witnesses, would really help here. Do everything you can to overcome this injury. Health is your goal here. To the extent you are short of that, your lawyer (and I do recommend that you engage counsel in your area) may be able to address some of that in presenting damages from your accident. Best wishes.
You should get the appropriate medical attention first. Then consult with a personal injury attorney to see if you have a case. Perhaps you only have a small claims court case. If your injuries are more serious and permanent, you might be able to sue in the superior court.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Perhaps if the mall was negligent by polishing too much and creating a dangerous condition. Get medical treatment and search for a personal injury lawyer in your city. Good luck.
"Slippery floor" cases are unique because the issue is the viscosity of the floor surface and whether that falls within acceptable standards. What is required is a demonstration of this factor at the time of the fall-down, testimony as to what is acceptable, and a description of how far the property owner deviated from the standard. An expert is required.
I'm not trying to discourage you. Some of my largest settlements have been fall-down cases. But, they are not the "open and shut" deal that some folks think.
I know people don't like this answer but here is it: You should seek a consultation with an experienced personal injury attorney in your jurisdiction ASAP if you are at all serious about your case.
(1) The insurance industry's own statistics confirm that once an attorney is brought in to a claim, the value goes up.
(2) The attorney who represents you has a duty to fully inform you of all potential elements of recovery which the insurance company claims adjuster will not take time to tell you about.
(3) Settlements are forever. This means that if you decide to accept a settlement, this is the final disposition of the case forever. Should you later need additional treatment or discover an outstanding charge you did not know about, it is too late to go back.
My office handles personal injury and accident cases in Massachusetts and New Hampshire. And despite the procedural and legal differences between our states, the negligence law discussed here is generally universal.
Law Offices of Andrew D. Myers
North Andover, MA — Derry, NH
CLICK HERE: FREE ACCESS TO GENERAL PERSONAL INJURY WEBSITE:
www.attorney-myers.com
Contrary to popular belief, slip and fall cases are difficult....as my colleagues have stated...you have the burden of proving - not only that there was something that caused you to fall - but that the mall had the OPPORTUNITY to clean that something which caused you to fall.
That being said, I am only familiar with Florida law. Consult with an attorney in your area.
Good luck
