I fell in a local MA store. Do I have a personal injury case?

MORE INFORMATION:

I slipped and fell on a puddle of water in the bathroom of local grocery store. I have two hairline fractures in my hip and one in my shoulder. There was no “caution/ wet floor” sign and there was one witness.  Do I have a personal injury case?

ATTORNEY ANSWER:

Yes.  You probably have a case but the facts have to be flushed-out more.  The first part of the analysis is to establish how you fell.  First, how did the water get there and for how long was it there before you fell?  If the water was there for a long period of time, then the store should have put its customers on notice that there was a hazardous condition that needed to be rectified.  It also helps to know how the water got there.  Was it from broken packaging, for instance, or from someone spilling something on the floor.  Was it done by an employee of the store, or by a customer?  This helps to determine how much notice the store had of the spill and did it have enough time to clean it up?  If the store had reasonable notice of the spill and failed to take care of it, and failed to warn is customers by having a “caution/ wet floor” sign, there is probably liability to the store.  Having a witness describe how long the water was there, together with describing the size, color and any other features of the water would also be important.

Once liability has been established, then you can look at your damages, in other words, are the fractures in the hip and shoulder going to heal in the same condition as they were in before the accident.  An orthopedic surgeon must determine whether the healing will be back to 100 percent, or whether there will be some permanent loss of function on a percentage basis.  The loss of function and the doctor’s prognosis will be important factors in determining how much money the case is worth.

Attorney David Rubin is a Greater Boston Personal Injury attorney and provides  representation to clients in communities such as Boston, Boston MetroWest, Framingham, Dedham, Marlborough, Natick, Needham, Newton, Waltham and Worcester.

David L. Rubin, Attorney at Law
Greater Boston Personal Injury Attorney
929 Worcester Road
Framingham, MA 01701
Telephone: (508) 875-9797
Fax: (508) 820-1560