Submitted by Shrek on Fri, 09/09/2011 - 09:09
I read in one of the other posts about slip and fall negligence that if I sue to recover damages for my injury (back problems) that I have to show that the store was negligent because it knew of the water on the floor. But how does that work and what if the store didn't know about the water but I still slipped in it? This happened in Massachusetts and the manager got all upset after my fall and was talking to a guy who worked in the aisle and they were all talking about how they didn't see the water. So does that mean I shouldn't try to sue?
Notice in slip and fall cases in MA
No, depending on the facts of your case, you may still be able to recover damages. The best thing to do is talk to a MA personal injury attorney and explain your case to her. In other posts, I do talk about establishing negligence in slip and fall cases, and part of that requirement involves showing that the store or other property owner had notice of the dangerous condition. However, notice can be established in different ways, depending on the situation. In an over-simplified example, the store clerk could have walked over (as you attempted to get back on your feet) and said: "Oh, no. I saw that puddle this morning but didn't have time to clean it up." Bingo. The store had notice, because its employee knew of the dangerous condition. But notice can also be imputed in situations where the property owner should have known of the dangerous condition. For example, if a puddle is sitting right in the middle of an aisle and the employees have been walking by the puddle all morning, those facts can be used to establish notice and negligence, even if nobody who works for the store actually noticed the dangerous condition. In any case, talk to an attorney. These types of cases often settle fairly quickly.