Can I sue a store if I slipped dand fell due to some water that was on the floor?

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Can I sue a store if I slipped dand fell due to some water that was on the floor?

They knew about it but hadn’t gotten around to cleaning it up; there was no warning of the condition. I may have hurt myself; I’m still very sore. This happened yesterday.

Asked on January 26, 2019 under Personal Injury, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In order to sue for a personal injury there must be (1) a harm that was suffered (2) due to the negligence of another. In this situation, the store may or may not have been negligent in getting the water mopped up. That having been said, owever you may not have suffered an injury as a result of the fall, other than some soreness. Further, even assuming that you were more seriously hurt, again you must prove that the store was in fact negligent regarding the incident. In other words, what caused the puddle? If, for example, was it there because the floor had just been washed or their was a leak of some sort and the store knew or should have known of the condition, then it was not following a reasonable standard of care in not cleaning the water up ASAP. However, if that was not the case, then you may not have a claim. It all depends on the specific facts.  At this point, you can consult with a local personal injury attorent who can best advise you further. 


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