What to do if I went to a store and fell twisted my ankle because there was water on the floor?

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What to do if I went to a store and fell twisted my ankle because there was water on the floor?

A claim was filed. However, the adjuster advised me that my sprain ankle is not due to the slip. But, I went to the doctor and was advised due to the slip my ankle was sprained. I ask the adjuster to release the evidence so I can see and she denied stating it’s the stores property. I requested to appeal claim, because my ankle is hurting me. What would be my next step?

Asked on May 22, 2013 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your next step is to sue the store. You do not have to take the claims adjuster's opinion as legally binding, since it is not, in fact, legally binding. If you believe the store was at fault by not mopping up the water, you can bring a lawsuit for your injury and seek to prove their liability in court. Of course, unless the injury is severe and has disabled you for a time, or you lost significant wages or incurred significant out-of-pocket (not paid by insurance) medical costs, it is not likely to be economically worthwhile to bring a lawsuit--you may spend more than you will be able to recover, since the compesation which you could receive is directly linked to the losses or costs you incurred and the extent of your injury.


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