Santa Rosa, CA asked in Personal Injury for California

Q: My mom just slipped and fell at Safeway and is now in the hospital with a broken caucus bone how do I go about complaint

There are no signs or warnings to not step on the ledge inside the refrigerator door ways and for shorter people it is too high for availability to the masses. My mom was taken out of Safeway by ambulance

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2 Lawyer Answers
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your mom's accident at Safeway. In California, when an injury occurs in a store like Safeway due to potentially negligent conditions, such as the lack of warning signs or hazards like the ledge you described, the first step is usually to file an incident report with the store. This documents the event and the store's awareness of the incident. It's important to do this as soon as possible.

Next, gather any evidence of the incident and the conditions that led to it, like photographs of the area where she fell and statements from any witnesses. Also, keep all medical records and documents related to her injury and treatment. These will be crucial if you decide to pursue a legal claim.

Given the nature of the accident and the injury, it would be advisable to consult with a lawyer who has experience in personal injury cases. They can guide you through the process of potentially seeking compensation for medical expenses, pain, suffering, and any other damages. This might include negotiating with the store or its insurance company or, if necessary, filing a lawsuit.

Remember, each situation is unique, so legal advice tailored to your specific circumstances is important. Prompt action is essential in these cases, as there are time limits for filing personal injury claims.

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Neill Nwoha
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A: In a case like this I would highly recommend getting the help of a personal injury attorney moving forward. There will be several steps that need to be taken in order to preserve your mothers claim. In a perfect world, Subway would take responsibility for the fall and pay your mother what she deserves, however, if things were that simple, personal injury attorneys would not have a job.

There is no formal complaint process. However, you can reach out to subway and file an incident report with them. All this does is notify the business that there was a fall on their premises and that they should expect you to file a claim against them in the near future. This incident report should be done as soon as possible.

I would just recommend that you reach out to the subway and have them inform you what the process is when it comes to filing an incident report. I would also recommend calling the police and getting a copy of the police report, or filing a police report if one was not already created.

But, there is a world of additional things that need to be done, including requesting any video footage of the fall, pulling any history of falls at this location, and also guiding your mothers medical treatment to make sure she is getting quality treatment, by the right doctors, and that the billing is handled in an appropriate manner.

All of this can be quite daunting for a laymen to take on themselves, and with so much at risk, it is always better to involve an injury attorney who is skilled at navigating this process and making sure that you get the money you deserve. Most, if not all, injury attorneys only charge a percentage of whatever money they make you, so you dont have to worry about paying out of pocket for any of their services.

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