by Guest » Tue Feb 03, 2009 11:39 am
Accidents occur anywhere and slipping and falling is a very common accident. Although it is common the damages it can cause can sometimes be really big and expensive to repair, treat or replace. You may sustain cuts, bruises or smaller damages. Again, you may also sustain fractures, broken bones, brain injuries, spinal cord injuries or other serious damages for which you may need expensive medical treatments
Who can seek compensation?
If you slip and fall on someone else's property and hurt yourself for no fault of yours but for the negligence of the owner of the property then the property owner will be liable for your injuries. Many of you may have slip and fall injuries on someone else's property but only sometimes the property owner is responsible and sometimes you are responsible for your own injuries.
A property owner, however, will not be responsible or liable for your injuries that can be caused by something common. If you slip on a floor and hurt yourself because there was some object on the floor, the property owner may not always be responsible. There are factors that help determine this. Here are a few questions you can ask:
Although there isn't enough or rather precise ways to determine whose fault it is in accidents like these, it largely depends on how responsible the property owner has been to make sure that no one gets hurt in his premises. Below are few of the factors when you can claim liability:
If you have the answers in your favor then there is a good chance you can claim. You cannot always find adequate proof for this but judges and juries deciding a case need to use their common sense to make a decision.
A property owner, however, will not be responsible or liable for your injuries that can be caused by something common. If you slip on a floor and hurt yourself because there was some object on the floor, the property owner may not always be responsible. There are factors that help determine this. Here are a few questions you can ask:
- Was the object there for many days and hadn't been removed? If it was there for a relatively long time that must have been enough for the property owner to notice and get it cleaned/removed.
- Did the property owner have information about the object and yet he chose to ignore it?
- Does the owner have a regular process of cleaning or examining the premises? If yes, then there must be a proof of such maintenance.
- Was there any logical or legitimate reason for the oil to be there on the ground? If yes, then was there any notification or warning sign about the oil being there.
- Was there a safer place where it could have been put?
Although there isn't enough or rather precise ways to determine whose fault it is in accidents like these, it largely depends on how responsible the property owner has been to make sure that no one gets hurt in his premises. Below are few of the factors when you can claim liability:
- The premise owner or an employee must have caused a spill on the floor, a worn or caused a slippery or dangerous surface.
- The premise owner must have chosen to be ignorant about any dangerous signs in his premise that could hurt others.
If you have the answers in your favor then there is a good chance you can claim. You cannot always find adequate proof for this but judges and juries deciding a case need to use their common sense to make a decision.
Related Readings
- Hiring a lawyer for trip and fall settlement
- Slip and fall liability
- Determining liability for slip and fall settlement
I slipped and fell March 2008 on a rug that was floating on a large puddle of water at a grocery store ice machine. rug flew out I went up the down and I stuck my hand down to catch myself as I fell back. The manager came over and while I was laying onthe floor, told me they had just had the machine worked on. As a result of my fall, 1st had to cancel a big first easter gathering at our home. I strained the tendons in both knees, strained the tendons of the pelvic girdle, now have 4 bulging disks in my back and have nerve damage in my arm and hand. I had 2 MRIs 1 surgery on my arm, 5 sessions of deep tissue needle therapy on my back, 2 sessions of Physical therapy. I have missed a total of 102 days of work, currently can only work half days because I can not sit and work at the computer all day.
My attorney says he is going after Medical, Future Medical (i might have to have another surgery on hand), loss of furture earnings, pain and suffering and Liability. He has not put a number on it but the store's attorney says they want to settle sooner rather than later. The store manager said in deposition that yes the machine was leaking, yes I fell on the rug. the assistand manager said in her statement almost word for word what I said in mine.
How to they figure out what the settlement should be?
My attorney says he is going after Medical, Future Medical (i might have to have another surgery on hand), loss of furture earnings, pain and suffering and Liability. He has not put a number on it but the store's attorney says they want to settle sooner rather than later. The store manager said in deposition that yes the machine was leaking, yes I fell on the rug. the assistand manager said in her statement almost word for word what I said in mine.
How to they figure out what the settlement should be?
Posted: Wed Dec 15, 2010 04:20 pm Post Subject: Slip and Fall
MESSAGE TO TCOPE: I agree, not everyone who falls should be paid because they fell. BUT those who do fall because someone was negliant should be paid not only for their medical but also for their pain and suffering. In my case, my attorney proved that both parties were at fault. the store got out of paying only because of their agreement with the Refrigeration Company.
I can give a few pieces of advice based on my experience.
1) Ask questions. No question is stupid, if you want to know the answer ASK.
2) Make sure your attorney (if you have one) stays in touch every step of the way.
3) If you are self employed, it is a lot harder to get lost wages or loss of future earnings. It is not impossible but it is harder because they will come in and audit your books.
4) Never take no for a final answer.
5) Do not let the other party rush you into a settlement. the store where I fell offered $20,000 even though my past medical was $110,000.
6) THIS IS A BIGGIE: If you are injured, make sure you get treated by good doctors. ALSO get 2nd opinions. Do not just go to a chiropractor and think you are going to get a good settlement, that will not happen.
7) Make sure you keep all appointments with your attorney, depo's, and appointments for you to see the other parties doctors. They will require you to see other doctors.
8) If you need help filling out the Interrogitories, have your attorney help you or some one who knows. My attorney crossed out several of their questions. Like on mine they wanted me to list every doctor and hospital I had ever been to my whole life (55 years). My attorney said NO for me to only list those I have seen since I was injured.
9) FINALLY You have to be patient. Mine settle in just under 3 years.
10) Post Settlement - All things are negoiatiable
Good luck
Posted: Wed Dec 15, 2010 04:45 pm Post Subject:
Pattycake,
I think what Tcope was getting at was this person was in her bathroom in her hotel room. You'd be surprised how many claims are made for people falling in hotel bathrooms. Unless the tile is slippery by nature or the floor of the tub isn't equipped with a non-skid surface....you are basically in your bathroom. If there is water on the floor...guess what you most likely put it there.
Your case....that's different. And it sounds like it was a pain in the rump roast for all involved.
Posted: Wed Dec 15, 2010 07:14 pm Post Subject:
Hey, Dasfuk . . .
Have a Merry Christmas!
Posted: Thu Jan 06, 2011 03:47 am Post Subject: adjusters question
a defective release can expose the adjuster who took the release to a claim for damages .A release may be defective due to reasons such as :Except
1-GENERAL RELEASE IS USED WHICH DOES NOT CONTAIN AN IDENTIFICATION AGREEMENT
2-NOT ALL TORTFEASORS TO BE RELEASED ARE SPECIFICALLY NAMED
3-A GENERAL RELEASE IS USED TO SETTLE PROPERTY DAMAGE IN A NO FAULT STATE, WHERE THE ADJUSTER KNOWS THE RE LEASER IS ALSO BEING REIMBURSED FOR THE INJURIES BY HIS OR HER INSURER
4-ALTHOUGH LIABILITY IS CLEAR AND INJURY SEVERE, THE SETTLEMENT IS ONLY FOR DISCOMFORT AND INCONVENIENCE, BECAUSE ALL OF THE CLAIMANTS MEDICALS WERE PAID BY ANOTHER INSURER WHO HAS NO RIGHT OF SUBROGATION.
Posted: Wed Feb 09, 2011 02:59 pm Post Subject: slip and fall
hello i am looking for some info
Posted: Thu Feb 10, 2011 06:34 pm Post Subject: slip and fall
my wife slipt and fell in grocery store she was getting a buggy and there was a hand pump sanitiezer that had leaked on floor there were no singns at all. she has had back surgey and it failed also shes on pain management is my wife at falt and if so what percentage is she and how much should we exspect to see from this
Posted: Thu Mar 10, 2011 11:13 pm Post Subject: slip and fall and "reasonable time" for cleanup
I stepped into what eventually determined as melted ice cream. Did not fall but leg twisted and reinjured knee which eventually turned into 7 months therapy, eventually knee surgergy and removal of loose piece of bone. Also had to cancel 55 wedding anniversary scheduled out of town. Attorney now says 2 years later that the manager says they had just check the area. There were overhead camera which he says they have no tape and no sheets to show floor checks. This is a Drug Store which sells ice cream in the front of the store. I contend they should have some procedures in place because this could happen frequently. My attorney didn't want to dispose the two men involved. He is discouraging me from going to trial. I am 74 years old and retired and have a lot of medical history. However, Iwalked into the store, but was carried out on a stretcher and ambulance to the hospital. The key question seems to be "reasonable time" for cleanup. This has been ongoing for two years. I have be disposed and they made an offer of $10,000 which included my medical bills. They are approximately 7k by using my medicare and secondary insurance. This means $7K for the bills, 40% to the lawyer and nothing for my pain and suffering for over a year. Any comments
Posted: Fri Mar 11, 2011 12:49 am Post Subject:
Any comments
Yes, see my sig1) Discuss with your attorney or
2) Get another attorney.... but be prepared to still pay this one and also pay the next one.
I'm not sure what you are looking for. You have legal counsel that is far more familiar with the case then anyone else.
Posted: Mon Jul 25, 2011 04:34 pm Post Subject: slip and fall
i had stripped and waxed a floor for one of my accounts which i have been doing for a number of years and NEVER encountered any type of slipage due to any of my floor refinishings. Two days later someone slips and falls, inuring themselves. They are claiming neglagence on my part. If that doesn't sound crazy enough the same victim tried to sue me before for the same accident and the case was droped. Now I can't afford an attorney and I could use some guidence as to what to do for my situation.
Posted: Mon Jul 25, 2011 06:44 pm Post Subject:
Now I can't afford an attorney and I could use some guidence as to what to do for my situation.
If this is an actual suit I'm guessing the store was named as well.If you have insurance, report the claim to them (or let them know about this suit). If you have no insurance then you will need to provide your own defense. I'd highly recommend hiring an attorney. You don't want to go into default.
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