Does the store I fell at have to pay my lost wages?

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Does the store I fell at have to pay my lost wages?

I fell at a radio shack owned by my husbands grandparents. I slipped on ice that was on steps and fell directly on my elbow. Broke my elbow and it got flattened 4mm. I had to get surgery. The injury happened 03/22/17 and I cannot go back to work until 04/13/17 at least. I will also be needing physical therapy. The business owners have to pay for medical bills and lost wages?

Asked on April 2, 2017 under Personal Injury, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF the store was at fault, they would be likely be liable (have to pay, that is) for your lost wages, out of pocket medical costs, and possibly some small amount for "pain and suffering." The key issue is: where they at fault?
IF the ice was there long enough that reasonably, the store should have been able to scrape, salt, chip, etc. the ice away but failed to do so, that failure to take reasonable steps to prevent an obvious risk. But on the hand, if it was snowing or freezing rain or sleet at time, so the ice was occuring then, or had only just stopped, so that in either event, there was no reasonable opportunity to clear it up before you fell, the store would not be liable: they are only liable if they reasonably could and should have prevented this, but did not.
Of course, even if they should be liable, if they don't pay voluntarily, you'd need to sue them or the money, and in the lawsuit, would have to prove in court their opporunity to prevent your accident.


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