Slip and Fall Injury – Determining whose fault it is

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PostPosted: Sat Jul 24, 2010 4:55 am   Post subject:   

Quote:
What kind of trouble could the store be in for destroying the rug when they were noticed to preserve all evidence?
No way to tell... that is up to a judge (if the motion is allowed). I don't know what happens if it's allowed... I think the jury is then allowed to know about this and perhaps your attorney is then permitted to tell the jury that certain assumptions can be made.



I think mainly the motion is being made so that your attorney can show that his has the worlds best case and should get more money. These are mainly why motions are made... they help the case go a certain way (as you make motions to help your side). If a judge will allow it is one thing... if it will make a difference is another.
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PostPosted: Thu Jul 29, 2010 4:32 pm   Post subject: slip on water  

I slipped on 7/28/2010 at a nearby gas station on some water left on the floor. There was no wet sign over it. When I tried to tell the cashier a customer came behind me and placed it over the water I slipped on. When I finally got the cashier's attention she said someone said there was a spill and she thought she placed it in the right place. She asked if I was ok and I said I think so but my ankle hurts. I never actually fell to the ground but waking up this morning my left ankle hurts a little bit and my right ankle is killing me. My back hurts really bad too and it's hard to turn my neck. My doctor says I can't get an appointment till 7/30/2010. People have been telling me to call the manager of the store and let them know just in case. What suggestions do you have for me just in case it ends up that I have damage to myself? I have never slipped in a store before.


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PostPosted: Thu Jul 29, 2010 7:13 pm   Post subject:   

Let me see....you didn't actually fall and you hurt both ankles, your back and your neck. I would go with that. Call the store and speak to the manager. Let them know that you didn't fall but now you are hurt. They will do one of two things. File it in the circular filing cabinet or let the owner or their insurance carrier know. If they have video, they may check that as well.



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PostPosted: Mon Aug 02, 2010 11:53 pm   Post subject: Slip and Fall Injury – Determining whose fault it is  

Well, we keep plugging along with my fall case. I just had a new nerve test (man, these are painful) and my neurologist says the damaged nerve in arm is permanent. My anestesologist wants to inject dye into the disks because she suspects there may be a tear and she also wants to inject the steroids into the spin from the bottom (YIKES).



The Motion for spoliation against the store for destroying the rug will be ruled on Aug 12th. the Refrigeration company has joined in our motion for spoliation against the store also. My trial has been pushed back to September because of conflicts with scheduling 4 lawyers, 6 doctors, numerous experts.



Just wanted to keep you updated. I am sure EVENTUALLY this will come to an end, right?

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PostPosted: Mon Aug 09, 2010 4:36 pm   Post subject: caps  

What is the cap for slip & fall brain injury settlement?


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PostPosted: Mon Aug 09, 2010 4:44 pm   Post subject: caps  

What is the cap for slip & fall brain injury settlement?


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PostPosted: Mon Aug 09, 2010 4:44 pm   Post subject: caps  

What is the cap for slip & fall brain injury settlement?


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PostPosted: Mon Aug 09, 2010 4:44 pm   Post subject: caps  

What is the cap for slip & fall brain injury settlement?


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PostPosted: Sat Aug 14, 2010 8:32 pm   Post subject: Slip and Fall  

ok, here is the current update. All attorneys involved in my slip and fall case appeared before the judge on the Spoliation motion my attorney filed because the store destroyed evidence (the rug). The Refrigeration Company also joined in the motion of spoliation against the store. The judge did not rule on the motion YET but he did say that he was going to but decided to give the store the chance to question our Expert Refrigeration Engineer. My attorney also said that he discovered through the deposition the Refrigeration company had with the store managers that the store was suuppose to have a drip pan under the ice machine to catch any water that leaked but they did not. SOOOOOO the judge did get mad and into the store's attorney's face and wanted to know WHY they had not settled because we have already been to Mediation 2 times and he told the store that their thought that they would not be held responsible for any of the neglience was wrong because they did not have the drain pan to catch the leak that the refrigeration company caused. BOTH are at fault. The judge was NOT happy with the defendants. My attorney was dancing with joy to say the least LOL.

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PostPosted: Sun Aug 15, 2010 2:38 pm   Post subject:   

GREAT news...don't ya' just love it when a judge jumps a straddle an atty like this? I do! Wink



Re: ohmylife--three times-no cap, no cap, no cap...



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PostPosted: Mon Aug 16, 2010 12:51 am   Post subject: slip and fall  

LORI

LOL what the heck is ohmylife-three times- no cap, no cap, no cap


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PostPosted: Mon Aug 16, 2010 12:58 am   Post subject: slip and fall  

LORI I figured it out OHMYLIFE was the person who asked about brain damage cap.



I do have a question though.... I am Pattycake but when I try to reply it says my name is used WHAT IS UP WITH THAT?


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PostPosted: Mon Aug 16, 2010 9:57 pm   Post subject: Slip and Fall  

Ok I think I figured out the not accepting my name thing.



LORI: I am loving the judge jumping all over the defendants for not getting this settled and not letting them off the hook. Now we will see if they take it to heart because my attorney told them the settlement amount goes up $25K every month then at trial all bets are off.



I have had a new nerve test that shows the damage is permanent in my arm (so much for me going back to sculpting and hand quilting) and my Pain Management doc wants to inject dye into disks to see if I have a tear then will inject the steroid shots from the bottom guided by video. This just sounds so painful. I have 2 months before I have to decide for sure to go ahead with that.



I just find it hard to believe that the store thought they were going to get away with not having any liability in my accident. The store owed the ice machine, the store had physical control over the ice machine, the store removed the ice machine after my accident. The store does have a maintenance agreement with the refrigeration co to maintain it and the Ref Co did not and because of that the machine leaked (big time). The store destroyed the rug that was involved in my fall there for my attorney files a Motion of Spoliation, which the Refrigeration Co joined in the motion against the store. The store was suppose to have a drain pan under the ice machine to catch any leaking water.



WHO is at FAULT? my attorney says BOTH. The store says not us the Ref Co caused the leak, the Ref Co says We caused the leak but you did not have the required drain pan. I say I do not care your are BOTH to blame. The judge says the same thing.



Lets see if we actually go to trial in January. What do you thing? Trial or no Trial?

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PostPosted: Mon Aug 16, 2010 11:52 pm   Post subject:   

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I just find it hard to believe that the store thought they were going to get away with not having any liability in my accident.
There are many reason's for saying that you have no liability... just as your attorney told each party that they had all the liability. But an owner is _never_ going to walk away free and clear... for the _exact_ reason's you mentioned. I had the owner of a large department store tender a slip and fall claim to my insured when a customer slipped on some water in the store. My insured built the building 6 years before this happened. The store owners carrier claims the floor was "excessively slippery". First, I don't know now something can be "excessively slippery... when there is _WATER ON IT_, second.. we built the floor to their request 6 years prior and no one ever said it was incorrect in any way. I'm betting some supervisor told the adjuster to send out the tender letter. I'm betting the adjuster was embarrassed that she had to act like the builder had liability. But in many cases you need to put on your best card playing face (as I can't post "pok er) and act like you don't have any liability and someone else needs to pay 100%.

Quote:
What do you thing? Trial or no Trial?
I say no trial. When there is more then one defendant a mediation is tough. A good mediator is needed and good attorneys for the defendants. I say this as not so they can put on a good defense but so they can understand pointing the finger at each other is _not_ in their best interest. Bad defense attorneys will wait for the other one to put money on the table. If both do this, it goes no where. They really need to go back and forth themselves and figure out how to get to 100% of the settlement.



Keep in mind it's not this easy either. Both defendants are trying to get to a 100% amount when the 100% needs to move toward them as well. This is where a good mediator comes in. He/She needs to understand this and keep each party moving toward some common ground.
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PostPosted: Tue Aug 17, 2010 12:16 am   Post subject: Slip and Fall  

TCOPE: we have been to mediation TWICE the first time with just the store, my medical was at $90K and the store offered $125K we did not settle. the second time when we amended the lawsuit to include the refrigeration company. We again went to Mediation and the Refrigeration Co offered $125K and the Store offered NOTHING. they were taking a hard line that they had an ademitity agreement with the Refrigeration Co and was not willing to offer not one penny. During that mediation meeting the Ref. Co wanted to see and test the rug to make sure it was not defective or the wrong rug when the store said they no longer had the rug WHAT? This was evidence. The Mediator tried to get the store and the Ref. Co to cap the damages but the store would not offer anything. Needless to say we did not settle and my attorney filed a Motion of Spoliation and the Refrigeration Co joined in that motion against the store. Now comes evidence that the store had a maintenance agreement with the Ref Co but the Ref Co had NO records showing that they ever maintained the ice machine and then evidence shows that the store was to have a drain pan under the ice machine which they did not. They just went before the judge on the Motion of Spoliation and all heck breaks out with the judge getting all over the store wanting to know why this case had not settled. I can only guess that their reply had something to do with the ademitity agreement and then the Ref Co gave evidence about the drain pan and the judge told the store that they were also negligent along with the refrigeration co.



My attorney was just about dancing when he left court. He said you got to LOVE when the judge gets onto the defendants. We are waiting to see who cried Uncle first.

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