Personal Injury Law (Accidents/Slip & Fall)/Slip and fell
QUESTION: I was 8 months pregnent when I entered Donkin Donuts store and I slip and fell on my back,i didnt wanted to make it a big deal in front off alot off people,so I try to get up and right away I left,but till this day im still haveing problems with my lower back and neck,my question is do I have a case
ANSWER: I wish you told me how long ago this happened. I assume several weeks or months. No you don't have a case. Let's think about it. You go back to the store and say "hey, 2 months ago I slip and fell here and my back and neck are still hurting. I would like to be compensated for that". First thing they will say is "we don't know anything about that happening. You never made a report or complaint of any kind. Since you don't exactly remember the time and date of the accident we can't even confirm that it happened. We don't know who might have been working that day. We also don't know what caused you to fall. Maybe you tripped over your own feet or slipped in the coffee that you yourself spilled. We can't help you." So Christina, you have no evidence that the accident ever happened, you have no evidence as to what caused you to slip and fall and you have no evidence what caused your back and neck to bother you and you have no medical records, treatment or evidence that you were ever hurt on that day in that place. Do you think the store would feel obliged to pay you some money? If they offer you a dozen donuts, my advice.............take it. Something tells me you won't like or understand this answer and you think I am an a-hole. Oh well, I must be wrong. Yes, go ahead and sue the store for at least $65,000.00. You will probably win. Go for it girl!
---------- FOLLOW-UP ----------
QUESTION: Well first off all it happen May 13,2011,and second off all yes its the stores fault,the reason I say this I just finished comeing from my doctors appt.and I was good.And another thing when I fell that day and landed on my back the floor was wet,and I figured they new thar because I young guy from the back counter came out from the back and put a wet sign on the enterence and a mat.
ANSWER: So Christina, you think the store should compensate you when you, now a stranger to them, walk in and say "hey dudes, I fell here a year and a half ago. The floor was wet. I hurt my back. Give me some money". Now Christina, imagine if that was your store. You owned the donut shop or you were the manager. What would you say to the person coming into the store like that and asking for money? Would you say "sure, how much do you want? I can't go over $10,000". Or would you say, "I don't know what happened 18 months ago. You didn't file a claim. You didn't take names or pictures and you don't have any evidence that you fell. You don't have any medical proof (medical records or medical bills) to prove you were hurt. In fact you might be making this all up. Get the hell out of my store". You being as smart as you are Christina, I think if you were the owner of the store that is what you would say. You would think for sure this person is trying to rip me off because she MUST KNOW that she ain't getting no stinkin money with nothing to prove that she got hurt. Hell, she can't even prove she was in the dang stowa that day." Have a super sparkely day Christina.
---------- FOLLOW-UP ----------
QUESTION: Well,first off all you being very rude so I say;and yes sir I did or I might say my husband filed a complain that day,and I have 3 winesst that saw what happen.I also have my OB doctors form and report.She had me done some x tays on my lower back,and the results for that was I have my tailbone broken.So you dont have to be rude for just me asking
I will apologize for being rude but important things you thought to mention in your last "question" were not mentioned in the first two and I found it hard to take your question seriously. So now, for the first time, you tell me a complaint was filed. Therefore, there is a record of what happened. Don't you think I should have known that??? Wasn't that the point of my first "answer"? Now for the first time you say you have 3 witnesses. Of course, I doubt if you know who they are or where they are or whether they would be able to come to court for you. Then you say, FOR THE FIRST TIME, that you had xrays. Why didn't you say that before??????Don't you think I should know that in order to give you a good answer? DO YOU THINK I AM A FRIGGIN MIND READER, OR WHAT? I got rude because you ask for advice and you don't bother giving the question enough thought to provide me with the most essential information. Now, I have some big issues with your statement that your OB sent you for xrays. First of all, I presume this was after you had the baby. You didn't get xrays down there while pregnant. And I doubt that the OB would send you for xrays anyhow after you had the baby. You would have been sent to an orthopedist. And if you did have the xrays that would have been months after the accident which would make it hard to prove any damage to your tailbone was done in the donut shop. And then who told you your tailbone was "broken". If it was injured, it might have been FRACTURED.......that is, a little crack in the bone. So I am not sure if you are making all of this up or not. And finally, here it is 1.5 years later and I doubt if you have had any treatment for the fracture so wasn't too serious and therefore not worth much if anything. Certainly not enough to interest any lawyer. And then I bet you have heard all of this many times before. If you were really hurt and you really think it was the store's fault you would have contacted a lawyer long before now. If you did, I am sure they all told you you have no case but here you are asking me. Those other lawyers were absolutely correct. So, here is what you can do: If the Statute of Limitations has not already run out.........that means too much time has gone by......in some States it is only 1 year, others 2 or 3 years..........better look it up.......use google...........you can file a lawsuit in Small Claims Court. You can tell the Judge what happened, show the medical report and xrays, tell the Judge what caused you to fall, have your husband confirm that.....ask for the maximum amount (probably between 5K-10K........look it up) andmaybe the Judge will award something........but I doubt it. There.......I tried not to be rude..........but it wasn't easy. Good luck Christina.