AboutGlenn A. Dorfman Expertise Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question My 10 year old daughter slipped on a wet floor in a supermarket, which was caught on video camera. She went to the doctor the same day and was taken for X-rays. How much should I settle for with the insurance company or should I let them give me a number first?
Answer What makes you think they will "give you a number"? The mere fact that someone falls in a market doesn't mean the store is liable/responsible and even if they are, they are likely to defend against any such claims unless the injured party is willing to accept a nuisance value (minimal) amount in settlement. The "case" against the store is worthless, no matter what the injury, unless you have evidence that the store "knew or should have known" of the hazard, in this case a wet floor.....and failed to correct it. Do you know how long the floor was wet and the source of the water, or other liquid? If it was from mopping and they didn't put out signs or properly dry the floor, that might be a good case,if you have evidence of this. If the wet floor was caused by another customer spilling something a few minutes or less before the accident, no case. The store did not nor should they have known about it in that short time and they did not cause it. So let's say your case is like the last good case I had of this nature where the store employee had refilled the freezer where they store the bags of ice and he allowed some to spill to the floor. What is the case worth? How can I answer that based on the info you gave me. Were the xrays negative or did they show an injury. I assume they showed nothing. You didn't even tell me where she was hurt. Don't you think it would make a difference if it was an arm vesus her head? Does she need any further medical care? What makes you think the store is oh so very anxious to offer you money? If she fractured her skull they wouldn't do that. They get claims all the time and it is really up to their insurance company that doesn't like to pay claims, especially if the store cannot be proved legally liable and the injury is not impressive. I think if she is ok and you have out of pocket medical expenses, ask the store to pay those. If you get that, you have succeeded. Or, you can wait for them to call and beg you to accept $50,000.00. Start holding your breath, now. P.S. Another thought. Was your daughter perhaps running in the store when she fell? Good chance she was. The case is then worth zip-nothing. You mom failed to supervise your child properly and that is the real cause of the accident. That is their argument in defense of any claim. The negligence was yours, not theirs. Obviously you have never been involved in an accident claim before and I would offer my congratulations on that. I may have offended you but I also gave you some education about such things, I hope.
