If I’m pregnant and fell at the store but am okay, do I still have a case?

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If I’m pregnant and fell at the store but am okay, do I still have a case?

I slipped and fell inside of a store, filed an incident report. I requested a copy and all they gave me was a copy of my own statement. I had to go to urgent care and maternity triage to get an emergency ultrasound due to decreased fetal movement. I was bruised. I had to give them my own insurance information.

Asked on February 3, 2012 under Personal Injury, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You almost certainly do not have a case:

1) The legal system only provides compensation for actual injuries or damages, including medical costs. If you are "ok," you might be able to recover for your out-of-pocket (i.e. not covered by insurance, like copayments) medical costs--but you'd have to sue to recover them. If your only "damages" are medical costs, then unless they ran to many hundreds or several thousands of dollars, it is difficult to imagine that legal action would be economically justified.

2) Moreover, the store would only be liable, or responsible to pay, if it was at fault in some way. The law does not make a person or business responsible for another's injuires simply because that person was hurt on another's property. Instead, there must be fault to be liability. So unless the store caused your fall in some way--such as by not cleaning up a spill which they knew or should have known posed a hazard--it would not be liable.


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