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

Answers:

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.


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