I was walking into the supermarket as I slipped on wet floor and then slid into shopping carts. I had filled out a complaint form with management. My back is hurt and I've got some bruises. Do I have a claim or should I just let it go.
A lawsuit based on a slip and fall in a supermarket is a type of negligence claim known as a premises liability action. In order to maintain a claim the injured party must show that the defendant was negligent with regard to the premises i.e. the place where the accident happened and that the negligence was the proximate cause of the accident. In most cases, New York personal injury law requires that in order to prevail in a premises liability lawsuit, the victim must prove that the defendant had "notice" of the defective condition that caused the accident.
This means that you have to prove that the other party created the condition, knew of its existence or, in the exercise of reasonable care, should have known about it. The injured party must also prove that the other party had a reasonable amount of time within which to repair or warn of the dangerous condition. I cannot give specific advice as to whether you should proceed with a personal injury lawsuit without knowing more about the case. Please call me to discuss it and I will be glad to offer an opinion.
Regards: Paul Ajlouny, Esq. 1-800-535-5029
The foregoing does not constitute specific legal advice, merely a general overview of the applicable law and it is not intended to create an attorney client relationship.