Hello, If I fell about in a major food store chain because I slipped on something oily in the isle, is there a lawsuit here?

An older couple witnessed the whole thing and asked me if I was okay although I didn’t not get their information. Although I am not severely injured my hamstring hurt, spot on my back and knee cap kit the hard floor. I asked someone in that section to clean it up so no one else would get hurt and not only did he not make eye contact with me he didn’t even ask if I was okay or even say anything to me. Was this negligence? This happened today.

Asked on June 9, 2014 under Personal Injury, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) It would only be negligence if someone had warned the supermarket about the oily substance, or a supermarket employee had seen it, or it had been there long enough that it would be unreasonable for the supermarket to have not seen it. On the other hand, if it spilled shortly before you slipped and no one reported it, then the supermarket would not have known or be held that it should have known about the substance; and if they did not know, they were not careless, or negligent, in not cleaning it up and there would be no liability.

2) You can only sue for impairment of function, disability, medical costs, and lost wages or diminution of earning potential--just having pain or sore spots, by itself, does not give you any ground for recovery of  compensation.

3) Not checking on whether you were ok is rude and unprofessional, but does not impose any liability.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.