Q: Can you file a suit for soft tissue injury?
I had fallen on liquid in a store, they didn't know about the spill but it was their product, no warnings signs. I believe I have muscle and tenden tears.
A: The problem with these types of cases, known as premise liability cases, is that you have to prove that the store was aware of the spilled liquid, had time to clean it up, and failed to clean it up or warn you. A store is not liable every time someone slips and falls. You have to understand that another person in the store could have caused the spilled liquid. The insudtry standard is that stores have a schedule of inspection that they have to follow and that means they have to check at intervals for spills and clean or warn customers. So you are stuck proving that the spill was on the floor for sufficient time that the store was negligent in not noticing it and taking action. That would require other witnesses that could say how long the spill was there. Furthermore, you have to overcome the defense that you contributed to your own fall. This could be because you were wearing slippery shoes, or you saw the spill and walked through it anyway. I am not saying you contributed in this situation but this a common type of defense.
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