What is the statute of limitations if I slipped and fell in the grocery store because of their negligence?
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What is the statute of limitations if I slipped and fell in the grocery store because of their negligence?
There was water on the floor in the grocery store due to a leaky roof. The area was not blocked off, nothing to warn me of water on the floor. As a matter of fact, the on duty store manager didn’t know there was water on the floor. I slipped, my feet came out from under me and the next thing I knew I was on my back side. My right hand caught my fall and ever since then I have had pain in my wrist which now causes pain in my hand, fingers and arm. I did go to urgent care within 2 hours of the fall and had an X-ray. The HMO doctor that read the
X-ray said he saw nothing but gave me a note to stay off work for 3 days. I did so. I am a massage therapist with my own very small practice.
Asked on April 12, 2016 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In your state, for this kind of claim, the statute of limitations is two years.
Bear in mind, that with no medical evidence of any significant injury (e.g. the X-ray looked fine), if you sue, the most you could likely get would be your out-of-pocket (not paid by insurance) medical costs, like co-pays; and three days of lost wages (if, as your question indicates, you did not work for three days). It may not be worth the time and cost of a lawsuit to pursue a claim like this, since all you can recover are your actual costs or losses.
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