What are your rights for Slip & Fall Premise Liability:
The caller, Pat from Macon, has a question concerning the injury her granddaughter received when she slipped and fell at a local grocery store the previous year. There had been heavy rainfall that contributed to her granddaughter having slipped. She has been trying to settle the case on her own, yet the store has not responded to her in anyway. The previous week, she sent a certified letter to the store, to verify that the store had been contacted and was aware of her granddaughter’s injury. She gave the store 10 days to respond, yet they failed to respond. Her granddaughter did see a doctor, who verified she had received a contusion from the fall. She is seeking advice on whether she should speak to a lawyer or continue to try to negotiate with the grocery store.
Attorney Wendell Horne says the situation is a “Slip and Fall – Premise Liability” case. These are difficult cases and in her case, depend upon several factors, such as: 1) why she fell 2) how obvious the water was 3) where the water was located. She should contact an attorney and sit down with them to explain in full the situation that contributed to her granddaughter’s injury. He also cautioned that due to the child’s young age, the damage was most likely “soft tissue” damage which would repair itself, and would not leave her with lingering or chronic health problems.
Attorney Carl Reynolds then adds that since rainfall was the source of the water she had slipped in, then there is only a slim chance she has a legal case against the grocery store. The store can not be held responsible for rainfall creating puddles of water. Whether the injuries were minor or major, it makes no difference to the legality of her claim. For the case to have a legal standing there must be some flaw or defect on the property that the owner should have repaired or should have been aware of.
Attorney Horne points out, that if the rainfall was inside the store, then she might have a case, but she needed to see an attorney to fully explain the circumstances and to determine if the grocery store met the conditions of 1) either knowingly or by ignorance, neglecting to repair a flaw or defect on the property or 2) failed to place adequate warning or cautions around a known defect on the property.
The only way to determine if she has a case is to see an attorney and fully explain the details of the situation that led to her granddaughter’s injury.
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