September 9th, 2010 | 
Author: Question by sparkle7776896969: I took a bad fall at a major department/toy store. Are they liable?
I had on flat, rubber soled shoes, and as i was walking to the cash register i slipped on a puddle of water and fell, landing on my back. There were no “wet floor” signs anywhere. I landed so hard that I had numbness in my legs for about 10 seconds, I had the wind knocked out of me and I was dizzy and nauseous for the rest of the night, not to mention my back killing me. I went to the ER about a half hour after the fall, because the pain was unbearable and it was moving to my head and neck. The ER doctor took X-Rays and told me i had a neck sprain and back contusions. My question is, are they liable and should the compensate me? If so, what is the general amount that they settle for out of court? I’d prefer to not get litigious about this, but that may happen depending on the answers I receive here. I’m still very sore today (all of this happened last night) and it is difficult for me to sit down and stand up, or sit for more than an hour.
I called an 800 number and told them what was happening. I now have a file/case and they said they are investigating. Everyone at the store was nice enough, but they never offered to fill out an incident report. I didn’t even know that this is what I should have done. I know that because I didn’t fill anything out at the store, it will probably hurt me in the long run.
The manager and 2 associates saw it. No one else. It was by the register, so I’m thinking there is probably a tape of it somewhere.
Best answer:
Answer by David B
You should contact a personal injury attorney in your area. These kind of questions can not be answered fully without an examination of the nature of your injuries and the circumstances.
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Tags: department/toy, fall, liable, major, store, they, took
My gawd you have a sprain and few bruises…..remind me never to invite you to my house, you might stub a toe or something
a good lawyer wold get you lots but they cost.do you have legal sevice office in your area.if not ask your doctor to write out a full report of problems and take it to the store boss if they dont want to deal then you may have to go to a lawyer because they will deal with these people so you wont have to again.some lawyers will do it and take there cut from what you get.
it is good you went to the doctor- this means you have a start to a case. did the store take an accident report of their own?
You should probably contact a lawyer if you are serious about this, but it will be very hard to get any compensation for the following reasons:
-The doctor diagnosed a sprain (which heals) and you were insured I assume to cover your ER visit? With no long term losses, you’re not entitled to very much in terms of damages.
-Did you speak with anyone at the department store to witness your fall? Did you report it with a manager there at the time of the accident? If not, it’ll be hard to prove that is where you sustained your ‘injury’.
Good luck.
Unless the store knew of, reasonably should have known of or caused the puddle of water, their liability will be low if any. Maybe a shopper who passed that way right before you spilled some water there. There are ways in which the dangerous condition could have come about which would not lead to liability for the store. A puddle of water in a department/toy store is not the kind of usual hazard for which they need to be vigilant. If they were aware of it, and did nothing, or caused it somehow, or should have known it was possible (Leaking pipes in the ceiling, for example), then they have liability.
In addition, I don’t know what state you’re in, but at this stage it doesn’t sound like your injuries are significant enough to warrant litigation. Of course, if the pain continues, you may need an MRI, which could reveal more than just a sprain and contusions. But if you’re up and about in a day or so, I’d say let it be.
If it was Sear’s I’d say go for some money. LOL Sounds like you would like some monetary compensation, so go for it. Call the corporate office, make a report, and be prepared to have back up legal counsel. Just the fact that it happened inside the store is bonus, IMO. Typically, falls happen outside in the parking lot and that is where the stores balk at paying money, unless they are clearly at fault (i.e. no salt down on icy days, holes in the pavement, etc.)