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Personal Injury Law (Accidents/Slip & Fall)/women and child fall over flat cart in food court

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Question
My question is about slips and falls. About two years ago my fiancee went shopping to Costco with our 5month old  baby.she finished shopping and got hungry so she went to the food court outside of Costco after ordering she was turning around to head to her table while holding our now 2years and 4 month toddler and fell to the concrete so hard with my daughter in her arms bouncing as they both fell to the concrete tripping over a flat cart that was left there can we do anything no.she was badly brused

Answer
Carlos,

I am sorry to hear about the incident that injured your fiancée and your child.

You may be able to pursue a claim for damages, but the likelihood of winning such a claim depends on many factors. In general, you need to show that the store was negligent in their handling and maintain the flat carts and that the negligence caused injuries to your fiancée and child. You then need to show that your fiancée and child suffered damages because of that negligence.

When the incident happened, did your fiancée notify the store? Where there any witnesses? Do you know how long the flat cart had been standing there? This information would be helpful to know in an effort to demonstrate the negligence of the store. To prove negligence you need to show that the store knew that the cart had been left lying around or that the store should have known. You also need to prove that your fiancée acted reasonably and despite her caution, the cart caused her to fall.

When your fiancée fell, did an ambulance come to the scene? Did she or your child receive any medical treatment? How serious were their injuries? How much treatment did they receive? If they only suffered bruises, it might be difficult to pursue a claim. If the received extensive medical treatment, then you would have evidence of an injury.

If the incident was not reported, it will be difficult to prove a two year old claim with minimal damages. I suggest that you consult a local personal injury attorney who can help you assess the case. That consultation should be free.

I hope this information helps.  

Personal Injury Law (Accidents/Slip & Fall)

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Carol L. Schlitt

Expertise

I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.

Experience

I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

Organizations
• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

Publications
My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

Education/Credentials
I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

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