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I slipped and fell on a puddle of water at a restaurant and fractured my ankle. After I fell, a customer who helped me up told me that she told the waiter about the water a while before I fell. Can I sue the restaurant?

 

A:

Yes.  In a Pennsylvania restaurant slip and fall accident case, the injured person has to prove that the restaurant was negligent or committed some act of negligence in causing the slip and fall accident. 

In your case, the puddle of water caused you to fall, and we would need to prove that the restaurant was negligent by allowing the water to be there.  One of the ways to prove this is through actual notice, i.e., the restaurant had actual knowledge of the puddle of water on the floor at some point prior to your fall and should have cleaned it up. 

Since another customer complained to the restaurant before your fall, the restaurant knew about it, but did nothing.  However, it is important to note that how long the restaurant knew about the dangerous condition, i.e., the puddle of water, will also determine if you have a case.  For example, if the other customer only told the restaurant a few minutes before you fell, the restaurant may not have had enough time to resolve the issue and clean up the water.  In that situation, there would not be a case.  However, if the other customer notified the restaurant 3 hours before your fell, the restaurant had ample time to clean up the water but failed to do so.  In that situation, there would be a case against the restaurant.

Therefore, we would need more information from you in order to properly evaluate your case.  Feel free to call me at 877.944.8396.  I would be more than happy to discuss the details of your slip and fall accident.

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