[FerrariEnzo]

My gf, 5 year old and myself was walking in metro town when she slipped on a piece of grape or something similar. I heard a loud thump and she sad her kness hit the ground. She was in so much pain that we decided to call the ambulance and going to hospital.

Is the mall liable and should I go with a lawyer, if so, anyone recommend a lawyer who isn't overly too expensive?

[inv4zn]

Is she ok?

That being said, what are you seeking to achieve by hiring a lawyer?

Generally you seek a lawyer and/or legal advice to get something that's legally entitled to you, yet you aren't able to achieve.

I'm curious as to what you think Metrotown owes you and your daughter.

[LC21]

^
Obviously he's trying to seek some sort of compensation, doesn't have to be in the form of money. Could be even treatments to the chiro/doctor/prescriptions.

[stewie]

So you want money.


Ironic that there's a lawyer ad at the top of this page lol, try them, McComb witten.

Slipping in Safeway in an aisle where there's a broken jar with fluid on the ground without a "caution wet floor" sign would probably get you more money though.

[Harvey Specter]

So you want money.


Ironic that there's a lawyer ad at the top of this page lol, try them, McComb witten.

Slipping in Safeway in an aisle where there's a broken jar with fluid on the ground without a "caution wet floor" sign would probably get you more money though.

+1.

As for the OP, tough to sue if you're not sure yourself what she slipped on and I assume you have no pictures or witnesses so it would be very difficult to sue for pain and suffering.

[Spoon]

Unless you can prove negligence on the mall's part. Ie this:

Slipping in Safeway in an aisle where there's a broken jar with fluid on the ground without a "caution wet floor" sign would probably get you more money though.

I doubt you'd have a case.

[stewie]

Unless you can prove negligence on the mall's part. Ie this:



I doubt you'd have a case.

Happend to 2 broads my mom knows. A faaaat lady slipped, hurt her legs and sued. Security camera showed that a small jar of pickles had been broken on the ground for 20 minutes and cleaned up after she was injured...she got money out of it. Similar case for the other lady.


Go rat race style and slip on a shot glass and fall down a flight of stairs at a casino. Casinos have lots of money! :p

[Mr.HappySilp]

You could try I guess. Not sure if you could get anything though.

Now if you are in the states that's a different story......

[hud 91gt]

Good thing Vancouver isn't icy. People would be trying to sue left right and centre.

Hope your kid is ok though.

[jasonturbo]

You won't win much if anything, they would offer you some pathetic settlement at best, would turn around and question your footwear choice, and state the mall has active procedures to prevent floors from becoming dangerous (IE: Scheduled cleaning) and that they can't be held liable as they are far from negligent etc.

Good luck, but you're probably better off just accepting it.

[MelonBoy]

The fact that its a piece of grape or something like that. I would think make it a lot harder to win... (versus something like a jar of blank)

Maybe a flat of grapes.. but 1 grape..? I can see them playing that against you.

[tiger_handheld]

Ask buddy to rush through pickle isle on safeway
You walk in 5mins later and slip
Claim injury
PROFIT
Split cash with said buddy

[dared3vil0]

Ask buddy to rush through pickle isle on safeway
You walk in 5mins later and slip
Claim injury
PROFIT
Split cash with said buddy
pay lawyer to deal with fraud charges

Fixed it for you brah. :concentrate:

[stewie]

Good thing Vancouver isn't icy. People would be trying to sue left right and centre.

Hope your kid is ok though.


as a city worker, every winter, whenever it starts to get cold enough to form ice/snow, homeowners come running at us while working. they scream at us saying there's snow on the sidewalk or the sidewalk is icy and they almost slipped and will sue if its not fixed asap. we get the heart breaking news to tell them that they're responsible for the sidewalk in front of their own house even though they dont own it. so if someone slips in front of your property its on you, not us(hence why its suggested to shovel and salt the sidewalk). they can try to sue the city, but the city has much deeper pockets than they would.

so im sure there is quite a bit of claims made non stop in vancouver when its icy out.

(my personal favorite is the one in the paper right now about the burnaby homeowners who put up large 10000$ pillars on city property, 15ft past their property line, and expect that they'll win and get to keep the pillars even though burnabys response is "you remove them or we do at your expense" lol)

[sdubfid]

Grape lady falls! - YouTube

If I slipped on a drop of shell helix 10w-60 leaking from the enzo in your driveway would you be liable?

[ImportPsycho]

only if she slipped on a puddle of water from leaky pipe that Metrotown was aware of but too lazy to fix.

grape dropped by super store shopper? you got nothing

[multicartual]

Even if you got 5k for slipping on a broken jar of pickles, the amount of court, phone calls to lawyers, time spent at Safeway, driving around, etc etc... if you valued your time $100 an hour... would it be worth the hassle?

[Harvey Specter]

(my personal favorite is the one in the paper right now about the burnaby homeowners who put up large 10000$ pillars on city property, 15ft past their property line, and expect that they'll win and get to keep the pillars even though burnabys response is "you remove them or we do at your expense" lol)

The owner spent $200,000 in total for the garden + pillars and now she has to spend $35,000 to remove both :heckno:

[Ch28]

I'm sorry if I come across as a total asshole, but did anyone else read that and react the same way as me?

she slipped on a piece of grape

http://i.imgur.com/386bC9l.gif

[stewie]

The owner spent $200,000 in total for the garden + pillars and now she has to spend $35,000 to remove both :heckno:

I've worked on her block before, so once I saw that someone on theprovince app listed her address I clicked it and knew exactly what house it was. If you look at all the other houses on the block, shrubs stop 15ft from the curb for a reason. Like c'mon there's a fire hydrant that's 15ft in from the road on that block. Her and her husband aren't exactly smart...the Burnaby now paper today said that the man and wife are willing to compromise and keep the pillars there until the city decides to put up a sidewalk (which could be 30 years). But I have a feeling that I'll be laughing with coworkers in the next month or so after they tear it down :p

[AzNightmare]

teh English is strong in OP post.

Sorry, at first, I thought you were saying you had a 5 year old gf, but then I read it over again a few more times before I understood properly.

[7seven]

You're not going to win. In order for you to win you have to prove the mall was negligent and that their negligence caused your accident. The negligence would have also had to cause an unsafe condition and you would have to prove that the mall should have known or reasonably known the negligence was causing an unsafe condition.

One solitary grape would not cause that and one would not reasonable assume one grape on the ground to result in an unsafe condition, let alone the mall even being aware of one grape that a random shopper dropped. You might have a case if it was a whole flat of grapes that they knew about being spilled and let it sit there for a bit.

I'm also not getting how your girlfriend slipped as a result of stepping on 1 grape, is her balance that bad?

[bing]

Wow.. what a waste of time and money for everyone including the hospital.

You called an ambulance for this? talk about being dramatic.

[stewie]

Wow.. what a waste of time and money for everyone including the hospital.

You called an ambulance for this? talk about being dramatic.

could've been wearing heels and not knowing how to properly walk in them...if so, result = rolled ankle most likely

[meme405]

Lol I think everyone else covered it pretty well, BUT:

piece of grape

Lol, you sure it was just a piece, and not just one whole grape?

[320icar]

and a rolled ankle needs an amberlance?

dafuq is wrong with people today. our ancestors would be disgusted.

[StylinRed]

anthony espinosa? is that you?

its been pretty much answered

Its based on a reasonable standard and consideration is also given to policies practices in place (like number of janitors/staff on duty in any given area, time between a spill and clean up etc etc)
you're very unlikely to get anything at all from slipping on a rogue grape...maybe a pity gift certificate

[$_$]

Wow.. what a waste of time and money for everyone including the hospital.

You called an ambulance for this? talk about being dramatic.

I wouldn't call that a waste of time- who knows how bad the injury was? The kid is 5, she could have easily fractured something or broken something by falling down or slipping. I'd probably drove the kid to the hospital myself, but in any case I'd rather let the medical professionals make that call, that's what health care is for. But getting money from metro when you aren't sure what caused it? Common buddy now you just sound like an asshole.

[stewie]

^ I thought it was his gf that fell since he never said if the 5 year old was male or female. :s

[Timpo]

My gf, 5 year old and myself was walking in metro town when she slipped on a piece of grape or something similar. I heard a loud thump and she sad her kness hit the ground. She was in so much pain that we decided to call the ambulance and going to hospital.

Is the mall liable and should I go with a lawyer, if so, anyone recommend a lawyer who isn't overly too expensive?

ok who slipped?

your gf or 5 year old girl?

[FS1992EG]

Wrong country. Go to the USA and sue for a bobo...

[Timpo]

Anyways, I don't think you have a case.
Grape...it could be one of the customers' fault, that's not negligence of mall.

Even if there's a chance you might be able to argue something, was she diagnosed with serious injury? be glad that she didn't suffer broken bone, brain/nurve/spinal cord damage.

A lawsuit like this may take several years. If you value your time, effort, stress and constantly meeting with your doctor, physiotherapist, psychiatrist, lawyer to collect all the documentations, schedule for court date, etc... I don't know if it's worth it. It WILL effect your life.

and if you file a lawsuit, I'm sure the mall will hire one of the best lawyer or 10...they have much deeper pocket than you do. They won't just hire "lawyer who isn't overly too expensive" like you said. If you lose, you'll be responsible for all the legal costs, which are sure to be substantial.

Life is short, it may not worth your time. Also if 5 year old is injured, she has 15 to 16 years from now to file a lawsuit. (age of majority, 19 + 1 year, or 2 years in some cases)

[RFlush]

ok who slipped?

your gf or 5 year old girl?

I thought he was missing another comma and that his gf is 5 years old. Wtf!

[FerrariEnzo]

doctor said it was some knee carilage that was torn and luckily no broken bones...


Thanks for the help, Revscene (sarcastically speaking to those who gave retarded repsonse.. I will remember to do the Nelson laugh at you when you asked for advice/help)

[Qmx323]

doctor said it was some knee carilage that was torn and luckily no broken bones...


Thanks for the help, Revscene (sarcastically speaking to those who gave retarded repsonse.. I will remember to do the Nelson laugh at you when you asked for advice/help)

ya maybe next time specify who fell

[ilovebacon]

Thanks to the stupid response. Haha this is the internet for you my friend.

[westopher]

You may be able to sue the grape, but depending on its financial circumstances it may be hard to collect? You can garnish said grapes wages, however its market of being eaten has been substantially diminished due to the fact it has been stepped on. Grape may counter-sue for lost wages.

[bing]

I wouldn't call that a waste of time- who knows how bad the injury was? The kid is 5, she could have easily fractured something or broken something by falling down or slipping. I'd probably drove the kid to the hospital myself, but in any case I'd rather let the medical professionals make that call, that's what health care is for. But getting money from metro when you aren't sure what caused it? Common buddy now you just sound like an asshole.

OP has not indicated whether it was the kid or gf.

[bing]

doctor said it was some knee carilage that was torn and luckily no broken bones...


Thanks for the help, Revscene (sarcastically speaking to those who gave retarded repsonse.. I will remember to do the Nelson laugh at you when you asked for advice/help)

Beat you to it
https://www.youtube.com/watch?v=MDtSf9pseOw

[Ch28]

doctor said it was some knee carilage that was torn and luckily no broken bones...


Thanks for the help, Revscene (sarcastically speaking to those who gave retarded repsonse.. I will remember to do the Nelson laugh at you when you asked for advice/help)

I guess it's a good thing that most of us have a significant other that knows how to walk properly :whistle:

J/K! It's the internet, bro. No need to get so upset. Glad to hear that she's ok

[FS1992EG]

If my kids falls off a tree in stanley park, does that mean I get to sue the City of Vancouver?

[Happy]

doctor said it was some knee carilage that was torn and luckily no broken bones...


Thanks for the help, Revscene (sarcastically speaking to those who gave retarded repsonse.. I will remember to do the Nelson laugh at you when you asked for advice/help)

If you ask a retarded question, don't you think you're gonna get back a retarded response?

Anyways I hope the grape made it out okay from that horrific accident

[meme405]

Thanks for the fails OP. If you don't like it next time how about you dont come on here looking for advice on how to scam the system and win a BS lawsuit.

I swear people seem to forget that the point of lawsuits is to get fair compensation for loss of income, or damages that you incurred. The point was never to "Strike it rich". So you tell me exactly how did your GF lose money from this incident? Was she not able to go to work? Was she stuck in bed for a month?

People seem to have this romanticized idea that they can strike it rich by suing people. This is the absolute wrong mentality, it is SUPER rare that the courts award punitive damages to someone, but people seem to think that its common place because the media only reports the rare instances where it does happen.

Same thing with the fuckers who rape insurance claims for bullshit injuries. ICBC has caught onto this one, they don't base your monetary compensation based on anything you say any longer. They now base it on the damage to the car. Their not stupid they know if you got rear ended at 20, realistically there isn't anything wrong with you.

[Majestic12]

Jesus... the advice and knowledge displayed in here is terrible. OP, the last place you want to go for legal advice is a random internet forum. If you want advice, just open the yellow pages and pick a random one that deals in personal injury. He/she will be able to give you 100 times better advice than you'll get here, and in most cases you won't be charged for the initial consultation.

Having said that, I wouldn't want to take your case on either if you came to me with it.

[asahai69]

http://37.media.tumblr.com/tumblr_lodzeubrc71qlr140o1_r1_500.gif

[SoNaRWaVe]

The OP's post was pretty damn clear to me who fell. Mentioned the GF and said she afterwards. If he had mentioned the 5 yr old was a daughter, then it might have been confusing.

Though next time, never come to RS for any advice other than for cars. 95% of these folks is just going to troll you regardless if they have legit info for you or not.

[westopher]

We are talking about somebody wanting to take legal action for the damage that THIS caused. You've got to be fucking kidding me. Such a notion doesn't deserve to be taken seriously. I was standing outside the market and saw this on the ground and laughed so hard based on this thread I had to take a pic.
http://i99.photobucket.com/albums/l308/westopher2006/null_zps25dd5680.jpg (http://s99.photobucket.com/user/westopher2006/media/null_zps25dd5680.jpg.html)

[jdmhaze]

http://www.totalcleaning.com.au/uploaded/thumbnails/db_file_img_172_600xauto.jpg

:troll:

[320icar]

LOL at ferrarienzo failing everyone in this thread. what a butthurt piece of POS

[bossha]

Lol I think everyone else covered it pretty well, BUT:



Lol, you sure it was just a piece, and not just one whole grape?


Why would you fail him..?

Think for a second.. How do you slip on a piece of a grape, let alone a whole grape?

[Timpo]

Although I think this whole idea is ludicrous, you can't completely blame on OP for getting this idea.

Many people out there think lawsuit is lucrative, and it is and should not be.

McDonald's employee spilled coffee to a customer, this lady burned herself and turned into a lawsuit seeking $2.7 million in damages. In the end judge awarded $640,000 for "emotional distress" which seemed fucking ridiculous.
It's not like she suffered 2nd or 3rd degree burn or anything.

There have been so many slip and fall cases that have been awarded $250,000 to $600,000.

I understand that those cases may be rare, however the amounts they have been awarding always seem like at least 2 digits off.

And there have so many "aftermath", random people out there trying to do the same thing.
The legal systems are to blame for creating this society. If judges want to keep awarding lottery-territory amount, there will always be greed and people WILL try to take advantage of legal system.

[westopher]

Thats murica though, Canada's legal system is not interested in punitive damages. I agree that the greed is a product of a failure of the legal system, however many canadians always miss the important fact that its not our legal system.

[Manic!]

Although I think this whole idea is ludicrous, you can't completely blame on OP for getting this idea.

Many people out there think lawsuit is lucrative, and it is and should not be.

McDonald's employee spilled coffee to a customer, this lady burned herself and turned into a lawsuit seeking $2.7 million in damages. In the end judge awarded $640,000 for "emotional distress" which seemed fucking ridiculous.
It's not like she suffered 2nd or 3rd degree burn or anything.


You got the facts wrong. I posted pictures before and got points. Google hot coffee burn and prepare to be disgusted

[meme405]

Although I think this whole idea is ludicrous, you can't completely blame on OP for getting this idea.

Many people out there think lawsuit is lucrative, and it is and should not be.

McDonald's employee spilled coffee to a customer, this lady burned herself and turned into a lawsuit seeking $2.7 million in damages. In the end judge awarded $640,000 for "emotional distress" which seemed fucking ridiculous.
It's not like she suffered 2nd or 3rd degree burn or anything.

There have been so many slip and fall cases that have been awarded $250,000 to $600,000.

I understand that those cases may be rare, however the amounts they have been awarding always seem like at least 2 digits off.

And there have so many "aftermath", random people out there trying to do the same thing.
The legal systems are to blame for creating this society. If judges want to keep awarding lottery-territory amount, there will always be greed and people WILL try to take advantage of legal system.

With you on all of that.

However I actually studied that McDonald's case, and there was a lot more at play then just what is normally reported or the normal facts most people know.

Also the lady actually did suffer 3rd degree burns.

Some other interesting things to note on that case are the fact that the lady who launched the lawsuit actually wanted to settle for around 20k, but mcdonalds offered her less than 1000, and wouldn't negotiate. 1000 for an incident which caused this lady 8 days in the hospital, months of not being able to work, and overall about 2 years of rehabilitation.

Mcdonald's really brought the hammer down on themselves in that case, they deserved to lose.

All of this is kinda aside from the point here. OP has no case and should just toddle off.

EDIT: Sorry I was probably posting at the same time as Manic, but he is right, the case was actually quite serious. Just looked up the facts, 6% of her bodies total skin surface area had 3rd degree burns, and total size of the burn accounted for 16% of her body. I would consider that quite a serious burn.

[Timpo]

^ oh okay, I didn't know that it was that serious.

what's been reported seemed like lady got an easy cash off McDonald's just for making a big deal out of nothing.
we all have spilled hot beverage on ourselves but never really turn into serious burns..i thought that was the case.