Slip and Fall Injury – Determining whose fault it is

Submitted by Anonymous (not verified) on Tue, 02/03/2009 - 11:39
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:
  • 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

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?

Posted: 03 Feb 2009 05:51 Post Subject: value of slip and fall settlements

It's based on the local of the accident, the nature of your injury, the cost of your current and future medical treatment, and partially on what happen in the accident. Take all this into consideration and apply it to similar prior settlements in order to get a semi-broad range.

Posted: 03 Feb 2009 11:38 Post Subject:

Pat, your attorney hasn't brought in the ice machine repair company to this suit as well?

Posted: 03 Feb 2009 11:53 Post Subject:

How to they figure out what the settlement should be?



They would base their decision on the statements made by the parties involved also on the documents forwarded by you. You may expect compensation for the medical bills, loss of wage, future medical expenses associated to the treatment of the injuries.

Posted: 04 Feb 2009 01:17 Post Subject:

My attorney has not depositationed the ice machine repair man. My attorney has the repair work orders and that speaks volumns. I would guess that IF the store does not want to pay the amount he comes up with, then he will do that. My attorney told me that he is prepared to go to trial and the store will not want to go there. As for the amount, I was just being curious. I do not want to press my attorney. He just tells me I need to get better and out of pain, which has not happened yet, it has been a month shy of a year. I can tell you this that the store manager and the assistant manager both said during their depositions almost word for word what I said in mine about the accident. The store is ready to settle NOW. they are waiting on a number from my attorney.

Posted: 04 Feb 2009 01:21 Post Subject:

Sounds like all is under control...brining in the ice repair company wouldn't necessarily reduce your settlement from the store, both had a duty and both were negligent...i was just curious, typcially an attorney will pull in every pocket available...i'm sure he/she has a plan...please keep us updated...and hope you get to feeling better..i'm so sorry you are suffering.

Posted: 04 Feb 2009 02:24 Post Subject:

I'm adding your post from a piggy back thread here tenderheart and deleting it from the other one:

I am not really sure what the attorney is going after but I can tell you this grocery store is one of the top ten. they have settled several lawsuits in the 50M and over in the last few years. these were not fall accidents. My attorney obtained repair records (which he had to have the judge demand the store proviide them) before and after my accident. they had a repair man at the store less than 2 hours after I fell. My son was in the store and took pictures with his cell phone. they had the ice machine fixed before I fell and was told in writing to clean the dirt and debris out from under the machine and around the condenser and coils. AFTER I fell the repairman noted that the machine condenser was clogged with dirt and debris and the the machine was leaking with a lot of water under and around the machine. I would guess this proves their liability in this.

Posted: 04 Feb 2009 07:49 Post Subject:

yea, just had a follow up with Neurologist last thursday and we are NOW in a wait and see period. If the nerve is gonna grow back will take roughly 400 days. Had follow up with Orthopaedic Dr today, she confers about the wait and see. I have better strength in hand which is good but my little finger and side of hand is still numb. Still have pain in both knees and lots of pain in the back. My accident was 11 months ago and I just want to be out of pain and NOBODY can tell me when OR if I will ever get there. My attorney was joking around with me and asked well How much do you want in your pocket. I told him right NOW I will take 5 MILLION but that doesn't mean I will get it LOL I have no high and low comparison on which to base my answer. Anyone care to guess what a high or low number would be?

Posted: 04 Feb 2009 07:57 Post Subject:

Anyone care to guess what a high or low number would be?

Oh I'd say somewhere between a dollar and a million ought to be about the right range.. :wink: Your attorney has given you no idea of a range even?

Posted: 04 Feb 2009 10:45 Post Subject:

LORI you are funny. yea between $1 and $1MILLION. well the Medical is at $50,000 right now. so I say between $50,000 and $2.5 MILLION. I have a consult with a Neuro surgeon to see if I am a canidate for back surgery, even though I really REALLY REALLY do not want surgery on my back. Is there an actual calculator or calculation that helps arrive at a estimated number? I do not think that the repair company is a Maintenance company for the store. I do not actually know. If they just come out to repair the machine when they are called, I do not picture them being liable in any way. they came they fixed they left. They stated the machine needed to be cleaned under it because of all the dirt and debris. The store did not clean under there and the condenser became clogged and then leaked. the repair company was called back and was at the store within 2 hours after I fell. Are there limits to the amount you can sue for? I know my attorney is suing for Medical, Future Medical, Pain and Suffering, Loss of Future Earnings and Liability.

Posted: 04 Feb 2009 11:06 Post Subject:

Hi Tenderheart, Sorry for your misfortune. I do not think that there is an actual calculator. I believe each case is individaul and alot goes into determining its value. You probaly are not going to get a specific number at this point. It seems you still have a lot of doctoring left to do. This has an impact on your case due to medical bills and prognosis.
More than likely if it is early on your atty will not give you a exact value.
He or she will want to see how much future medical care you will need.
One thing you need to remember is you are paying your atty for answers so I would not be afraid of asking straight out. This is the best way to get the answers you are seeking. Good luck.

Posted: 05 Feb 2009 12:55 Post Subject:

Is there an actual calculator or calculation that helps arrive at a estimated number?

Fire is correct not there is not...and were I you I'd wait to settle this thing until I had resolved my injury to it's absolute best prior to settling, and/or the statute running...

There is no limit what you can 'sue' for however you won't be suing anybody most likely...they have already expressed a desire to settle, so liability is not in question...

The value of your claim today and the value a year from now could be vastly different...so there is really no way to put a value on it...to value the claim they will review all your medical information, maybe have a third party review it etc...it's quite a lengthy process.

Posted: 08 Apr 2009 03:43 Post Subject:

I think you should receive at least 200,000plus, I have had a very similar thing happen to me, and it took 4 years before I saw any money. I received 100000 plus they paid for all my medical bills.
I am still hurt...Now that I look back, I should have received more.
These people owe it to you...keep fighting.

Posted: 08 Apr 2009 11:24 Post Subject: slip and fall settlements: inquiring the cause

Hi,

Take all this into consideration and apply it to similar prior settlements in order to get a semi-broad range.


Achieving the semi-broad range is fine..but I feel there should be an investigation to identify the actual cause behind his injury. Just performing a routine inquiry is often not sufficient under such circumstances.

Your attorney has given you no idea of a range even?


Well, I guess he needs to have a clear discussion with his attorney about his plans and the status of the proceedings. Some how I get this feeling that his attorney needs to be more careful towards a client. I say this, since this man is suffering for quite some time and is losing out on settlement offers. He should get reimbursed for his lost work, his current medical expenses along with an amount that suffices his future medical treatments..what do you think!

Roddick

Posted: 01 May 2009 11:12 Post Subject: Slip and Fall Settlements

Just thought I would keep you updated. We will have a settlement meeting in 6 to 8 weeks. Attorney is currently puting a figure on the lawsuit. He says that if we can not settle he is ready to go to trial which is a good thing. He told me we could have a court date in September if needed. I will be totally glad when this is all said and DONE. Anyone who has had a slip and fall accident or really any accident, I highly recomment you get a good lawyer

Posted: 02 May 2009 12:46 Post Subject:

THanks for the update, let us know how it goes...your atty STILL hasn't given you a range? Remember of course that if he files suit (and his first demand) will be way above what he is hoping you will get...but he/she should've by now had a some frank discussions with you regarding what he feels your injury will bring

Posted: 04 May 2009 10:49 Post Subject:

LORI, We are going to mediation 2nd week of July. Attorney is currently put a number together and he has told me that he is looking into the high six figures. I am not sure how it works. If he is wanting the high 6 figures, I assume he asks for way more than that and they do offer/counter offer till my attorney agrees. My attorney is ready to go to court if them can not come to terms. He said trial would be in September if it comes to that. He does not think so because the store attorney has been calling him to beg for early Mediation meeting. Is that a good thing?

Posted: 05 May 2009 10:18 Post Subject:

Hi tenderHeartBabies..

Attorney is currently puting a figure on the lawsuit.

Did he explain things to you in detail?

Attorney is currently put a number together and he has told me that he is looking into the high six figures.


Remembering the kind of injuries you've had..I hope it would be a fair settlement. But I'd feel the things are still not clear at your end. Make sure that he's showing you through the right direction.

Steven

Posted: 06 May 2009 02:48 Post Subject:

Hi tenderHeartBabies,

I guess the outcome of an early mediation meeting could only show you whether its going for good. I'd personally feel that an early mediation meeting is called only when someone's eager to go for an early settlement. Don't you feel the same? Roddick

Posted: 05 Jul 2009 05:58 Post Subject: slip and fall at a moving company

I was asked to come to the location after a hurricane to remove my items at the location. I fell at the location onto a metal roofing part that was still laying on the ground from the debris. I have had a EMG on my hand to see if I was developing carpal tunnel syndrome. This happen back in Oct. 2008. They sent me a letter stating they would send me out a check for $650, if I don't hold them liable for anymore damages. My lawyer & I will be sitting down to discuss my demands. What do you think I should ask for in my demands?

Posted: 06 Jul 2009 04:53 Post Subject:

Hi Innocent victim,

Who is this other party you are referring to? And,

They sent me a letter stating they would send me out a check for $650, if I don't hold them liable for anymore damages.



Please clarify this statement too.

~Jeremy

Posted: 13 Jul 2009 10:32 Post Subject: Slip and Fall

Just thought I would keep all of you up to date. We have not settled our case yet. The Refrigeration company has been brought into the lawsuit, not by my attorney but by the store. I have had am exam but the stores orthopaetic doctor and I have been evaluated by a Occupational rehabilitation expert. We have a Settlement Mediation meeting in October and if we do not settle we are on the trial docket for January. It is what it is. I was hoping for early closure but looks like it could be October or January.

Posted: 13 Jul 2009 11:16 Post Subject:

Hang in there, rarely does getting into a hurry with injury settlement pay off in the long run...thanks for keeping us in the loop...let us know your outcome..and good luck!

Posted: 12 Sep 2009 03:42 Post Subject: slip and fall

4 years ago I was injuried in a slip and fall, I fell on water and blood from them cleaning out a meat tray along with the power going out. I got an attorney and was going for 250,000 for loss wages and pain and suffering, went to a meeting with the other attorney and they only want to offer 20,000
then we went back to meet again asking for 125,000 and they said 30,000 now this is after I lost 3 years of earnings and I fractured my tailbone and twisted my back and have over 50,000 in medical bills and still have
trouble with my back as far as standing and sitting and
when the weather changes and bending over and they only want to offer that, I guess they think because they are a big store they can push little people around like us. Does any one have any ideal what to ask for, we go to court in 3 weeks and it will be at least 3 day trial. Please give me any advice you might have, thanks

Posted: 13 Sep 2009 12:47 Post Subject:

little people, this is what you are paying your attorney a whopping 1/3-1/2 of your settlement for...He/she should know what your injury is worth.

Let me ask you a few questions, to try and understand why there is such a huge difference. What type of treatment did you receive for your injury? Are you collecting some type of disability? SS or private? Where did you work or what type of work did you do prior to this? Have you EVER had another injury to your back, or EVER had another slip and fall claim?

I would say on the surface, that this store's insurance company feels pretty strongly that they can win a judgement will be closer to their dollar amount than yours or they wouldn't allow this to go to trial.

One more thing. IMO, for your attorney to drop or counter their offer by cutting yours in half, (on the first counter offer) indicates to me (and probably the stores atty's) that he/she knew that you both were WAY out of line on that first offer of settlement (250k-125k?)...

Posted: 14 Sep 2009 11:10 Post Subject:

I am not collecting anything, I sit at a desk and I have pain management with trigger shots in back and lower legs, I have never hurt my back or even had a slip and fall til now. My lawyer feels we are both 50/50 because they are aware they had something on the floor but I did not see the cones.

Posted: 15 Sep 2009 11:06 Post Subject:

My lawyer feels we are both 50/50 because they are aware they had something on the floor but I did not see the cones.

makes alittle more sense to me now (why you are so far apart). The store is hanging their hat on the fact, they can convince a jury you were the majority at fault for you injury, I'll bet.

Posted: 17 Sep 2009 06:28 Post Subject: range

I know you are looking for an answer. Take your medical, figure 3 to 5 times that for your settlement. Thats what the ins co will be thinking, even if they wont say it. 50k in meds, $250k (plus lost wages) would be a windfall. Remember, the only place the insurance co doesnt deciede what they will pay you is in court! Understand your attorney gains be settling sooner, you lose. Have all your meds complete before negotiating anything!! Good grief, thats lesson #1. Future value is a fairy tale, it will never be valued near actual as a future value. Until my treatment is completed, I would be saying over and over, I just want my day in court! That will inflate the value faster than anything else! Good luck and remember, those ins co do this every day, your attorney not so much. He makes money by settling low at your expense so he can do 10 of these a month. They will never pay you what its worth, only the min they can get away with. Dont let em snow you, but be realistic.

Posted: 18 Sep 2009 10:57 Post Subject:

I know you are looking for an answer. Take your medical, figure 3 to 5 times that for your settlement. Thats what the ins co will be thinking, even if they wont say it

I might've agreed with you 20 years ago. I don't know what carrier you work for that still operates under this philosophy, I'd reallllllllllllly be interested..

Future value is a fairy tale,

what?

I would be saying over and over, I just want my day in court! That will inflate the value faster than anything else!

AND you work for a carrier that is afraid of attorneys? Really?

Posted: 02 Oct 2009 02:27 Post Subject: Slip and Fall Settlements

Just wanted to update you guys on my case. The Settlement meeting that was scheduled for July was Cancelled by the Grocery Store. They are trying to figure out if the Refrigeration Company can be dragged into the lawsuit. My attorney said they just want someone to share in their pain.

So I have continued with treatments. We are into 18 months since I fell. I have had 1 surgery, 3 Nerve tests, 4 steroid injections in my back, 3 session of Phy Therapy, too many to count doctor visits. 1 surgical consult. MY medical is as good as it is going to get.

I had to go for an independant medical opinion for the store. If really REALLY got off on the wrong foot with their doctor insulting my treating orthopaedic, Neurologist and Pain management doctors. Thank goodness my attorney was present and he also brought a court reporter along and she took down everything that was said. Their doctor finally apoligized to my attorney. Too late it is on the record.

Well my attorney got his report ..... their doctor says I have absolutely no injuries. My attorney says he is paid to say that. Said if he really wanted to hurt our case then he would have said he thought my injuries were very minor. Their IMO doctor, that is all he does is lawsuit medical exams and gives a paid opinion. I have 4 doctors disputing his claim,

SOOOOO now a more recent update this week. We are scheduled for court ordered mediation on November 25.... 2 days pass and the store attorney has requested an earlier mediation so we are scheduled for November 2. If we do not settle we are already on the trial docket for January.

I will just be glad when all this is over and done with

Posted: 02 Oct 2009 11:22 Post Subject:

Thank goodness my attorney was present and he also brought a court reporter along and she took down everything that was said. Their doctor finally apoligized to my attorney. Too late it is on the record.

Good Atty!

Posted: 04 Oct 2009 11:52 Post Subject: Slip and Fall settlements

I like my attorney. He never pushed for settlement, in fact he told the store's attorney when we did depositions that my medical is not at 100%. It is now and I have permanent back injury and permanent nerve damage in my hand. Sooooo November 2nd is out court ordered Settlement Mediation.

I have no clue what to expect. Can they ask me questions? How many cases normally settle during the Mediation process.

It would be so much easier if they did have a calculator for a base to start, then depending on factors related to your case it could be adjusted.

Posted: 05 Oct 2009 10:54 Post Subject:

I have no clue what to expect. Can they ask me questions?

I think so, but not about what happened, and the 'types' of questions they ask will likely be answered by your attorney...

How many cases normally settle during the Mediation process.


My guess would be the majority, since it's court order, that means the judge really wants it to get handled, if it's a good professional mediator I'll bet you all settle.

It would be so much easier if they did have a calculator for a base to start, then depending on factors related to your case it could be adjusted

Well then those 'factors' would take forever :wink:


Good luck and let us know how it goes.
_________________

Posted: 17 Oct 2009 10:03 Post Subject: Slip and Fall

LORI: thanks. Florida has court ordered mediation and yes we have a good professional mediator. The mediation firm has excellent reviews and rusults.

I am just nerious as all getout. I just keep wondering what the outcome will be and I do pray we settle this in November. My medical is now at $83,000 with $20,000 in lost wages. My pain management doctor has said that I will need treatments for the rest of my life and the nerve damage to my hand is permanent.

My attorney is meeting with us next week to run his initial amunt for settlement will be. I just guess I am curious.

Didn't curiousty KILL the cat?

Posted: 19 Oct 2009 11:14 Post Subject:

Didn't curiousty KILL the cat?

If not, it at least got a limp, out of the dea.. :lol: hang in there, and let us know how it goes. Best of luck.

Posted: 31 Oct 2009 11:28 Post Subject: Slip and Fall

LORI, we are heading to court ordered settlement mediation on MONDAY. I al total ill just thinking about it. If we do not settle we are on trail docket for January. Call of the Calendar is Dec. 18 and we get the date at that time. My attorney says if we do not settle then he has asked for 4 days at trial.

He told me that my husband, Me and himself will be at mediation along with the store's attorney and a store representative and there will also be a person there to discuss structured settlement.

WHAT is that about?

Posted: 01 Nov 2009 12:03 Post Subject:

People wondered why the “BIG EVIL“Insurance company has to investigate every case that comes across their desk. If you’re hurt, you should get enough money to pay for the doctor and get back to work!!! You should not get rich quick because you FELL DOWN! Buy a lottery ticket if you want to get money for nothing. If you put as much time into working as you have this case you would not need a hand out!

Posted: 01 Nov 2009 12:09 Post Subject:

How often does a slip and fall win in a trial?

Posted: 01 Nov 2009 02:44 Post Subject:

Pat..

WHAT is that about?

A structured annutiy, is a way of settlement (also of investment)...Where the carrier purchases say a 100k (spends 100k) on an annuity, it then pays out in installments, you can set up about anything you can imagine, as far as payment plan. In the end you end up with more money, they pay a little less. You can also purchase one yourself with the settlement.

How often does a slip and fall win in a trial?

It depends TOTALLY on the facts.

Posted: 01 Jan 2010 08:58 Post Subject: slip/fall injury

On 3-7-07 I fell leaving my workplace. I was working at a medical facility and the snow removal equipment had arrived but had not started to clear the parking lot. I took a couple steps out into the parking lot and my feet flew out from under me, I fell backwards, fell flat on my back and slammed my head backwards on the pavement. I was dazed. A worker come to my aid and said he would go report and get help. I waited a while and nobody come so not thinking clearly I walked to my vehicle, cleared the snow, warmed up the engine and waited some more--still not seeing anyone coming to my aid. Finally after about 20-25 minutes I left and drove home (but not remembering different points along my path). My company finally called me 4 hrs. later and wanted a statement and told me I was authorized to go to the ER to be checked out. Long story short, I have received workers comp but they have recently stopped paying saying that my bills are not injury related even though the drs I am seeing this is their specialty. I have contacted a lawyer for personal injury. My injury was a broken C-2, compressed C5-6 and a pinched nerve down my right arm. I get really bad migraines and ear pain. I was sent back to work 3 mos after my accident even though I was not recovered. I was still going to therapy. I had never been on workers comp and I didn't know that I could fight it. Because of bills, I have been working 40 hrs./wk to help my husband with bills and I am down every night. I am in pain from my day. It has been almost 3 yrs since my accident and the pain of it still feels like yesterday. I suffer post traumatic stress everytime it snows. I used to enjoy this time of year. I have come to dread it. My attorney tells me that because it was fresh snow and there were no hills or peaks in the snow I have no personal injury case---This is my life and I feel like I am all alone. I don't have the chance of getting a settlement for negligence (because if was not cleared)--although the front of the building was cleared because that was a patient entrance. My exit was for employees only. How can I get help?? Would it be negliegence had it been a patient who broke their neck instead of an employee. I am still a person in pain, failing marriage because of it and my life enjoyment is destroyed. What can I do?? Please help a desperate, pained person. Thank you for your consideration in this matter.

Posted: 01 Jan 2010 09:00 Post Subject: slip/fall injury

Please reply to my inquiry as soon as possible. Thanks!

Posted: 01 Jan 2010 11:29 Post Subject:

In many states Workers Comp is an employees sole remedy. This means that as longer as the employer provides workers comp, you cannot sue them for negligence. This differs from state to state. Your other complaint would be directly against the snow removal company. But it sounds like they got out there as quickly as possible in order to remove snow. That is, they did everything they could to make the area safe.

Just because you were injured does not mean someone else is going to take care of your situation. This might sound mean but you live in an area where it snows and there are freezing temps. This is inherently dangerous and you know and accept this. There can only be so much that people can do to prevent an accident from happening.

I'm not saying that WC should have cut you off... I don't know what the situation is there. Three years is a long time to have an ongoing injury. It's also a long time to have stress from the fall.

You could speak to another attorney and see if that person thinks you have some type of case.

I don't have the answers you seek. I'd recommend searching inside yourself for the answers.

Posted: 02 Jan 2010 12:09 Post Subject:

Ronda, I'm afraid I'm not going to give you the answer you WANT either.

Just because we fall or get injured isn't always the fault of another nor are we due a large amount of money from this.

Just so you don't think I'm some hard hearted adjuster, that has no idea how you've suffered....I've gotten hurt badly as well have three fractured vert. multiple herniated discs, bone spurs and pain daily, for over five years, (not to mention an entire week of 'bad hair days" :wink: ). But you make a CHOICE about how you deal with it...(on an emotional level). Have the docs done all they can? There are pain management docs that can help with the daily stuff..then you CHOSE...whine and cry about it, blame others, or get up and make the best out of the life you have. Real good trick is doing something for others..it takes your mind off of your own pain..I swear it works, try it..

Let me give you a slight taste of what a defense attorney would ask you...

So you lived in a 'snow state' for how long?
It was forecast to snow that day right?
Have you ever walked in fresh snow before?
Had it quit snowing? If so how long prior to your fall?
Should the snow removal company have cleaned off the walk you were on first Ronda, rather than the one that sick or injured people were traveling on? The can only clean one at a time you know.
What kind of shoes did you have on Ronda?
Did anyone else fall that day anyone?
So you were the ONLY one that couldn't walk without falling?
Have you ever walked out this door after a snow?

See where I'm going?


Another point, lets say that it snowed while you and your husband and kids were at work...BEFORE you could get home and clean the walk someone fell. Now they are going to sue you for their horrific injury...What did you do wrong in this scenerio? Kind of the same thing right?

You can contine to consult other attorneys, but I think maybe seeking some help, (if you can't pull your own self up by the boot straps, smack yourself around a little, count your blessings, and get on with life), dealing with this and fixing your marriage would be of greater benefit.

To have 'post traumatic stress' from the snow and your fall are I'm sorry, just silly, and frankly very self indulgent...and for this to endanger your marriage.. :? I'm sorry but I think T hit the nail on the head with this statement

I don't have the answers you seek. I'd recommend searching inside yourself for the answers.

Posted: 20 Jan 2010 06:11 Post Subject:

I slip and fell in walmart a coke a cola machine had a leak walmart says they r not responsible for the repair of coke cola machines so my lawyer is suing coke cola coke cola says they only can do 5o% because walmart should have cleaned the spill so this is a waitin process for me.

Posted: 21 Jan 2010 12:17 Post Subject:

Yep, it is an a good attorney will bring the manufactor of the machine, the syrup, and any other deep pocket he can find..If your attorney isn't I'd find another.

Posted: 01 Feb 2010 10:21 Post Subject: SLIP AT DRUG STORE

I FELL AT A MAJOR DRUG STORE DUE TO THERE NEGELENCE. THERE RISK MANAGEMENT SENT ME A QUESTIONARE WITH A LOT OF PERSONAL QUESTIONS. DO I HAVE TO DISCLOSE ALL THIS INFO JUST TO NOGOTIATE A SETTLEMENT

Posted: 01 Feb 2010 11:55 Post Subject:

It depends on what these questions are...some personal question do have to be answered, some do not..sorry but your question is too vague. try again. what are the questions you do not want to answer?

Posted: 13 Feb 2010 06:09 Post Subject: Fell on a bussiness"s walkway

I slipped on a walkway during a snow storm, the walkway is constructed with 4"X4" tiles. I would think that these tiles should not be used ,due to the fact that they get very dangerous in rainy or snowy conditions. After I fell the manager came out very rude and told me to leave the property at once because she was calling the police. My witness and myself informed her that we already called 911. She the manager then walked away with an employee. After the police came, she came out extremely nasty and said WHATS YOUR NAME. I refused to give her my name and directed he to talk to the police, and that I had nothing more to dicuss with he because of her attitude toward me "a regular customer" and that an attorney will be in contact with her boss.Was this the right thing to do..

Posted: 13 Feb 2010 06:13 Post Subject:

What would be "right" or "wrong" about it?

While I don't know what exactly happened, why would a manager just come out and yell at you for slipping and becoming hurt? I'm thinking there is a little more to this.

Posted: 13 Feb 2010 10:17 Post Subject:

Doesn't make sense....was there some screaming/yelling/cussing maybe by you and/or your friend before the manager came out? Or loud comments to other customers? I've frankly never heard of anyone calling 911 because they fell ? :? And you say you did that BEFORE the manager came out...? What's with that? And you told them your attorney would be in touch, BEFORE knowing what they would do for you? Have you EVER EVER fell before ANYWHERE?

Posted: 16 Mar 2010 06:08 Post Subject: slip and fall major chain grocery; health ins. costs

I am writing in for a senior friend who had a slip & fall recently at Von's. Von's has written to him asking for his medical expenses...
He has about $6,000 to $8,000 worth of medical expenses, and he does not expect any future problems resulting from the incident.
He doesn't know whether to hire an attorney (contingency based at 33% of settlement).
He has health insurance coverage; and so is NOT expecting to have to pay himself for Firetruck to emergency room (which Von's called); nor for CAT scan or other stuff. I do not understand how a settlement with Von's affects that. Suppose they offer to cover medical bills plus some. Upon receiving a check in settlement of the claim, is my friend supposed to then pay his medical insurance company (blue shield & medicare) for the costs they laid out?
If he hires a lawyer (who gets 33% of settlement), and then he is required to reimburse his medical insurers, he will wind up with nothing. How does this work?
Does he need a lawyer?
Thanks for your attention, Goldfish :roll:

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