While shopping at a grocery store, I slipped on a grape by the produce area( no where near the grapes), landed pretty hard on my knee. I got a call from the stores insurance and they said the store doesn't have to pay for medical expenses.. is this right?? I was waiting for store's HR to give me a call and it's now been 3 weeks so my husband called today and found out they wrote my cell number wrong on the report, so they have been calling a wrong number. Even so, they had my address, they could have contacted me by mail.. I haven't been to a doctor cause I thought I needed a form from the HR to have my expenses paid.. I know, DUMB.. anyway...scheduling an appointment because I still have knee pain and hip pain.. do I have ANY kind of a case??
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3 Answers from Attorneys
Possibly. Would need to know more. Feel free to call at your convenience.
Premises liability slip and fall cases all require reasonable notice of the dangerous condition. There are insuffcient facts in your question to know if the market had sufficient notice to create liability. A simple round grape in the wrong area will not be enough. You have the burden of proof that the market had enough time to discover te grape and remove or clean the area, not it. How can you prove this? A round grape will not help you as it may have just been dropped without time to inspect the area and correct the matter. But a smashed grape especially where the pulp or wetness is smeared around or shopping cart wheel marks through the wetness suggests it was there a while. You need evidence that suggests time has passed and that there was an opportunity to clean it up. Perhaps a witness saw it and would say it was there for 30 minutes (verses only a couple of minutes which would not be enough time) or maybe there is a a security video that reflects time/duration. These are just some ways to support adequate opportunity to discover the danger and make it safe. Bottom line, there's no liability even with a dangerous condition if there was not enough time in premises liability cases so they can be tough. I hope this helps. Bob
You may very well have a case, but you should definately retain counsel to help you settle it. Insurance companies always try to settle for well below what the case is worth. Your question leaves out alot of facts which you will need to discuss with an attorney to assess if you have a good case and the value of it. 949-481-6909.