Legal question: Store liability for slip-and-fall

A few weeks ago I slipped and fell in a well-known local store. My knees were bare–I was wearing shorts much like swim trunks–and I landed on one knee, which stings if I touch it. I’ve had two doctors check things out, including giving me X-rays: no bone fracture. :slight_smile: The Labor Day weekend has delayed things, but the hospital whose emergency department furnished the treatment referred me to a non-affiliated orthopedic specialist (I intend to seek another one; this doctor missed his appointment with me last week.)
I have Medicare and Medi-Cal (“Pickle,” referring to an amendment in the law which means I don’t have a co-pay on services).
I am aware that the state abnd federal agencies sponsoring these programs may require the store to ante up for what they paid the providers, assuming the store is liable.
My question is: Is it appropriate for me to seek legal action against the store, on my own?

Legal action? For what comes across in your description as a skinned or bruised knee?

Medicare/MediCal/Pickle (huh?) will take care of business with the store’s insurance company. Even on that level, I suspect there will be no suits filed - just bills.

Actually, I envy your position. About five years ago, I was working for a store, and suffered several ruptured discs in my neck from a fall. If I were a customer, I could sue them for the permanent disability, but as an employee, I was stuck with workers’ comp and am unable to sue anybody as workers’ comp in CA is a “no-fault.”

I am not a lawyer, but I was an assistant manager in a grocery store for several years. Did you fill out an accident report at the store? Without that, I doubt you have much to go on. There are several other circumstances you failed to address in your OP. Was it a puddle of something in the middle of the aisle? Was it because a product fell off the shelves (such as a bottle of juice) or something that another customer may have done (such as a baby bottle spill)? Was it in the process of being cleaned up, some sort of wet floor sign displayed or cart blocking the spill? What sort of shoes were you wearing? Were your swim trunks wet? Did anyone see you fall? Did they report the incident? Was the spill or obstruction cleared immediately? If you reported it, were you offered any sort of medical attention (even a bag of ice or a bandaid)?

To answer your detailed question, Casey:
I did fill out an accident report; the sympathetic employee even gave me a fax number to use, in order to send copies of any papers issued by a doctor or hospital, to the store.
Some slob had apparently dripped an Icee drink down an aisle. Since I was pushing a shopping cart I didn’t see it.
I was wearing ordinary flip-flop shoes.
As I noted in the OP, I was wearing shorts, not trunks (they had pockets). And no, they were dry.
Several people saw me fall; there were quite a few customers there at 4 p.m. on a Saturday afternoon. I was offered a cup of water, and a chair to sit in as I pulled myself together.
I later bought the merchandise I had come for. As I exited the checkstand I notice that the Icee dispenser—across the entrance from where I had entered the store—had a mess on the floor, lots of drops of Icee where someone had been sloppy at dispensing the product. This would be great for little kids to slip and fall in. :frowning:
Incidentally, “Pickle,” refers to an amendment to California Medi-Cal whereby the claimant need not make a co-pay to a provider.
And I had no broken skin on the knee–just a small spot of it on a big toe. The knee shows no sign of the impact; it stings in a spot.

The orthopedic office I went to, referred me for an MRI scan. According to the specialist I saw yesterday, who showed me films of the scan, I suffered an L-shaped tear in a cartilage between the femur (upper leg) and tibia (lower leg), behind the kneecap. If this causes no further problems before my next appointment next October 30, I’ll probably let it slide.

I’d talk to the orthopedic specialist before you “let it slide.” Cartilege tears are nasty things that can affect the way you walk and your comfort for years. Also, torn cartilege can result in scar tissue that may restrict range of motion or cause pain in the joint. My 60-something year old father has a lot of knee problems from injuries sustained in high school sports - it’s not always something that will just go away or get better on its own.

I second what Enginerd said. I got a torn cartilege in my knee over 10 years ago. I went through weeks and weeks of physical therapy, and when that stopped helping, eventually had surgery to remove the part of the cartilege that was still causing pain. While I no longer have the acute pain, the knee still aches from time to time and I limp if I am tired. Had I not been properly treated I might have ended up “differently abled,” if not outright crippled.

The saving grace is that my knee and leg movement have never been impaired, not even at the time of the incident itself. I do yard work, which requires me to kneel to pull weeds, trim low shrubbery, and, of course, to adjust my power lawnmower. The orthopedist originally urged me to use a sealed “ice bag” (gel) on the knee periodically…

IANAL. I am a former legal secretary (personal injury) in the process of getting a 4-year legal studies degree.

Talk to the orthopedist. If he/she can’t find anything wrong, I think you’d be wasting your time trying to sue Wal-Mart or whoever’s store you fell in.

Even though you are on a state health plan, you have probably paid into that health plan for many years via taxes. The state isn’t starving, they can afford to pay your bills. Trying to sue will take ages, and even if you win, the money will go to the state, not you (after your lawyer takes a cut), and it’s not like the state is gonna give you brownie points for saving them a few hundred bucks.

However if your knee starts bugging you, say, a year from now, you might wanna think about it IF you can prove your knee is acting up because of the spill you took (check and see what the statute of limitations is in your state). Knee injuries are nothing to mess with and if you’re in pain a lot, or can’t do things you once were able to do, you should be compensated. Wal-Mart ain’t starving, either :slight_smile: