Kailua Kona, HI asked in Personal Injury for New York

Q: I slipped and fell at my local grocery store, and have seriously injured my knee. Can I sue them for my doctor bills?

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2 Lawyer Answers
Stephen Bilkis
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • New York, NY
  • Licensed in New York

A: The short answer is yes, you may have a case. Generally, stores that invite the public onto their property have a duty to keep the premises safe. A store could be held liable for an unsafe condition, particularly if they knew or should have known that it was there. I suggest you speak with a lawyer to discuss your case with a lawyer.

Anthony A. Ferrante
Anthony A. Ferrante
  • Brooklyn, NY
  • Licensed in New York

A: Whether or not you will have a successful case depends upon what actually caused you to fall. In a slip and fall case, you must first prove that there was some type of dangerous condition that existed in the store. And aside from that you must show that the people who run the store were aware of the condition and didn't do anything to fix it. This is the concept of notice which is very important in these types of cases.

In some scenarios these grocery stores have what is called a med pay provision in their insurance policies. This may be helpful in getting your medical bills paid.

The unfortunate reality, however, is that without an attorney you may be hard-pressed to get the insurance company to act at all. It is probably in your best interest to contact someone for a free consultation.

Good luck!

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