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Can I sue, I slipped in ice at a gas station?

I was walking from my car to the gas station and I slipped on some frozen ice. It was like 2 feet from my car. I know I can sue for anything, but do I have a case against them? I sprained my ankle and I have to take time off from work today.

Update:

No they didn't know

I didn't know it was there cause I didn't see it.

It was frozen rock solid ice

Update 2:

I am claiming that I slipped on ice on their property which they should of cleaned up

Update 3:

I didn't break anything but it hurts and I think I sprained an ankle. I'm at the hospital right now. I informed them of my fall and they put rock salt on the small area.

10 Answers

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  • michr
    Lv 7
    8 years ago
    Favorite Answer

    in MOST jurisdictions there are laws that protect the business in cases such as this,

    weather and it's side effects are generally not something that can be held against a property owner,

    "acts of god" can not be held against a property owner,

    icy conditions during the winter are generally an expectation and yu are expected to take precautions to travel safely....

    if this was an oil spill there may be a case here but NOT with ice in the winter that is generally not the case...

    and even if the business was responsible you would be going to their insurance company,

    the insurance company would then decide if they were going to pay anything, until that process has been resolved there is no civil suit to be filed...

    a business should carry insurance but in general they are not required to, and the insurance pays based on the businesses responsibility. not all slips and falls are the responsibility of the business some people are clumsy, some people simply don't pay attention, etcetera...

  • 8 years ago

    There is a liability of a business for injuries on their property, especially those caused by their failure to maintain a safe and ice-free environment. But a sprained ankle isn't something your average ambulance chaser is going to be very excited about. The only time a sprained ankle might result in a windfall would be if you could prove that Bill Gates personally put the ice there with the intention of harming you.

    Did you report the accident at the time? If you have auto insurance, you may be able to file a claim with your insurance agent, or he may be able to make some calls and help you be compensated. If he won't, you should call the gas station and ask the name and telephone number of their insurance company. You can call them or write to them and ask that you be reimbursed for your medical expenses, and lost work. They may even offer to throw in a couple of hundred as a settlement offer.

    If they don't make a reasonable offer, you can always sue, but from experience with much more serious injuries, it can take years and rarely settles for much more than your actual time and expense in pursuing it after your healthcare and auto insurance and your lawyer have taken their cut.

  • 8 years ago

    You can sue, but winning might be a challenge.

    Can you prove that they didn't do anything to deal with the ice problem? Can you prove you were attempting to be safe while walking 2 feet from your car? What damages have you suffered? A loss of a work day and a hospital bill for an ankle is less than the cost of a lawyer.

  • 8 years ago

    I work in personal injury law. Here's the breakdown:

    -Were they aware of the ice? -Was it there fault it was there? -Did you take photos? -How much time did you take for treatment? -What are your damages? Did you break something? -Why didn't you notify them you fell?

    Sounds like you are up north and ice is everywhere. Yes, they are liable for maintaining a safe parking lot, but isn't snow and ice quite common and very hard to avoid? If I were you, I wouldn't bother trying to contact an attorney as few would be interested as it's not economically feasible. The damages do not out way the cost of the case.

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  • 8 years ago

    Sure, So if you sue for a doctor visit and even 2 or 3 days lost pay, is that worth hiring a lawyer, losing more days of pay when you go to court ??? SO you could easily spent $5,000 to win maybe a $1,000 max back.

    That is if you can "prove" they were at fault, so what exactly are you claiming they did wrong ???

  • ?
    Lv 7
    8 years ago

    Why didn't you talk to the Gas Station? If it is a chain they probably have a corporate office you could have talked to. Even if you can't really show it was negligence on their part most will offer you something so that you will return. Why is everyone so quick to sue?

  • 8 years ago

    Are you sure it wasn't liquid ice? The questions are: how long was the ice there? Did the gas station owner/manager know it was there? Did you know ice is slippery, but walked on it anyway? In other, legal, words, was the station negligent or were you negligent?

  • Anonymous
    8 years ago

    Scrounger. Reasonable "duty of care" applies to you as well as a place of business.

  • ?
    Lv 7
    8 years ago

    No, but you can look where the fcuk you're walking.

    Why do you think somebody else is responsible for your carelessness?

  • Anonymous
    8 years ago

    Yea, good luck with that one.

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