Is a business libel if I fell on a wet floor?
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Is a business libel if I fell on a wet floor?
I was purchasing some items from a very well known convenience store. The wet floor sign was hidden near the front counter. When I turned to leave I tripped over the sign that was improperly placed and fell backwards and twisted my leg and hit my back very hard. I had to take 2 1/2 days off work and missed several shifts due to the pain from this injury. I immediately went to the doctor and contacted their head office. They ensured me that they would contact me back immediately and they have yet to do so. It has been 2 weeks now. The incident was caught on tape and the manager of the store called me later that day to apologize. I am wondering what my options are?
Asked on October 22, 2016 under Personal Injury, Alaska
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The store is liable for your injury because you were injured on the premises.
Notify the store's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim filed with the store's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the store's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the store's insurance carrier, reject the settlement offers and file a lawsuit against the store based on premises liability.
If the case is NOT settled, your lawsuit against the store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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