Legal Question in Personal Injury in Alabama
slip and fall
Due to ruptured discs in my neck I was scheduled for surgery but 5 days before surgery I slipped and fell in a local restaurant. (I had the surgery and it is healing as expected) I have had severe pain and muscle spasms due to the fall and had an MRI of the lumbar done last week, the results being 2 more ruptured discs and pressure on the nerve root canal. The owner of the restaurant refused to give me the name of his insurance and said he would accept no responsibility for the fall. Several people have slipped in this restaurant and this is documented thru the emergency room but the owner has done nothing to improve the safety of the floors. I don't know if I will have to have surgery to relieve some of the pain, for the time being I am going to receive epidurals to see if I can avoid another surgery but my leg still collapses at times and of course I fall. Is the restaurant owner liable for my injuries and suffering?
4 Answers from Attorneys
Re: slip and fall
My response to your question is "DEPENDS". There are many factors to take into consideration. What was the basis of your original injury? If it was another accident then you can claim the restaurant fall as part of that injury. Why did you fall? Was it a floor issue, steps, etc.
How do you know that other people have fallen?? You cannot obtain that information through the emergency room because of privacy rights. There may be a record at the restaurant that you might access.
You do not provide enough information to make a determination. You are going to need to talk to a lawyer in person or on the phone.
Re: slip and fall
Well, you have an interesting case, although I don't know how strong it is without some more information. Please contact my office if you would like to discusss this matter further.
Bobby Lott
205 - 870 - 7744
Re: slip and fall
I would say that yes, generally a business owner is responsible for a customer's injury, assuming the injuries were caused by some defect that could or should have been corrected by the owner. I say that just to let you know never to accept a potential defendant's assertions that they are not responsible. There's really no way for one of us attorneys on here to really give you a definitive answer without knowing many more details such as: what condition of the floor caused you to slip? How long had it been there? Were the injuries you complain of caused by the fall or merely exacerbated by it? I would suggest that you probably need to talk with an attorney directly so he or she can ask you questions and give you a more detailed answer. Good luck and I hope you feel better!
Re: slip and fall
Yes, but only if (a) the business was negligent in some form or fashion (just slipping and falling on their property is not enough), and (b) your fall actually caused a new injury/condition. You will definitely need an attorney to sue, but given your preexisting condition, it will be a tough sell that your fall caused a new injury. If your doctor is willing to put into writing that your fall caused a new injury, you shouldn't have too much trouble having an attorney take your case. Merry Christmas.
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