Slipped and fell in wet substance in Publix on 02/23/14. Filled out incident report, came home and treated ankle/foot with ice, stayed off of it, and pain got worse. Publix called next day. I informed them it was worse. They offered $600 cash to "get it checked out" since I have no ins. I asked if by signing, the remainder would be on me? They said, "Yes, you'd be responsible." I declined. Went to ER on 02/25/14, left on crutches with a Lisfranc mid foot sprain and unable to bear any weight. Spoke to Publix risk management and they offered $1800 cash for me to sign release. I declined. ER was already $1938 without dr charge or boot and that I had been referred for follow up visit with foot/ankle specialist. They transferred my case to an adjuster. single mom of 6 and hairstylist out of wk.
I am so sorry to hear about your fall. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against Publix and other national retailers.
First, you need to make sure that you get whatever continued medical attention you need. An attorney may be able to help you see a doctor even though you do not have health insurance. For example, I have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial.
Second, you should definitely talk to a personal injury attorney about a possible claim against the grocery store. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. The store's only goal is to settle your case for the smallest amount of money possible. Remember – the store has many attorneys to represent its interests. Without an attorney to represent your interests, you are at a disadvantage. Any good personal injury attorney will be willing to have an initial meeting with you – for free. The sooner you find an attorney who can represent you and begin an investigation, the better.
In the meantime, please do not speak with any store representative, in person or over the phone, without an attorney present. The store’s risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault. Good luck, and I hope you feel better soon.
Public has turned the case over to a skilled adjustor. You should respond with a skilled legal representative of your own. Do not speak with adjustor until you speak with a PI. Attorney first
You need to get a lawyer tomorrow and STOP talking to the adjuster! It is rare for a retailer to offer anything more than a nuisance settlement for a slip and fall, and since they seem to be trying to do it, there is a strong possibility you have a case worth far more. Sit down with a lawyer to evaluate it. Pretty soon, Publix will probably destroy video that may help you, so each day of delay and each conversation you have with Publix may hurt your case. If a lawyer after hearing the details thinks your case has merit (and slip and fall cases are tough to win), a lawyer will likely do better for you than you can do on your own.
You definitely need to speak with an experienced personal injury attorney, preferably one who has had considerable success in litigation premises liability/slip-and-fall cases immediately as a spoliation letter should be sent to preserve the video of where you fell. Lots involved in litigating slip-and-fall cases - what is the stores cleaning procedure, inspection procedure, were they followed, was there an employee in the immediate vicinity, what sort of wet substance did you fall on, and the list goes on and on.
And stop talking to anyone associated with Publix. You are under no obligation or duty to do so, every word you've ever said has been recorded. If someone from Publix contacts you before you retain any attorney, politely decline to speak with them and just tell them you have decided to speak with counsel about your claim, and then call an attorney.
David T. LashgariSlip and Fall Accident LawyerMarietta, GA ·
My legal advice to you: As a former top federal government accident investigator and a former Professional Engineer with 33 years experience in engineering & accident investigation and as a lawyer with 20 years of having helped hundreds of victims of slip and fall accidents, you NEED to get an experienced lawyer ASAP. Every HOUR you are without an experienced lawyer could potentially damage your case significantly. This is a complex and challenging case of interacting violent physical forces and legal standards. A lawyer with a deep understanding of both the accident investigation /engineering dimension and the legal dimension of such accidents could help you maximize your recovery and compensation in this matter.
"Slip and fall, in United States tort law, is a claim or case based on a person slipping (or tripping) and falling. It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip.
Property owners generally have two basic defenses to public liability slip and fall claims:
The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
The second and more typical defense is that the person who was injured was at fault. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.
Because of a general perception that slip and falls are at least partly the fault of the person injured, slip and fall injuries are usually worth less than injuries from other types of torts.
For slip and fall investigations, the incident walking surface slip resistance can be measured. The surface can be tested to identify if it is above or below accepted levels of slip resistance thresholds.[1]
Special instruments are available for floor slip resistance testing. The pendulum tester is a national standard for pedestrian slip resistance in 49 nations on four continents, and has been endorsed by Ceramic Tile Institute of America since 2001.[2] A common reference for safety is that the Pendulum Test Value should be 36 or higher under the conditions of use (wet, dry, etc.). The pendulum is also used in a test for Sustainable Slip Resistance.
The BOT-3000 is capable of measuring wet static and dynamic coefficient of friction. The static test is specified in ANSI method B101.1,[3] and the dynamic test method is described in ANSI B101.3.[4]
Static coefficient of friction is also measured by ASTM method C1028-07. However, most forensic experts believe that this method is not adequate for assessing safety.[5][6]
The English XL Slip Meter, also known as a VIT (Variable Incidence Tribometer) is a portable "slip tester", designed to test the "slip index" on various walking surfaces, level or incline (even steps), under dry and wet (or otherwise contaminated) conditions by mimicking certain pedestrian bio-mechanical parameters.[7] The English XL test method has been described by ASTM method F1679, but was later withdrawn with no replacement due to the inability to provide the required approved precision statement, and so no longer exists.[8] As of 2013, this slip tester is still somehow used in U.S. courts by unscrupulous expert witnesses who can manipulate the test results by how they press the actuating button, allowing English XL users to testify that the same floor is either safe or slippery depending on who is paying them to test that floor and what result that attorney wants."
From Wikipedia, the free encyclopedia
I agree with other writers that you need to consult with a personal injury attorney experienced in slip and fall cases as soon as possible and to stop talking with the insurance adjuster. In addition, there are important letters that need to go out to the store and the insurer right away citing relevant statutory law to put them on notice of the claim and to prevent the loss or destruction of important evidence. Please contact an attorney. Most will give you a free initial consultation and will not charge you out of pocket attorney fees, in the event you hire them. Rather any fees will usually come out of you ultimate recovery. Best of luck. I'm sorry that you have been injured and have to deal with this, but an attorney will be able to help lighten your burden and make sure you are fairly compensated.
