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: Tue Aug 17, 2010 10:23 pm Post Subject: Slip and Fall
TCOPE
I agree it gets complicated. Well hopefully it is one the right track NOW. The judge has told the store that they breached their contract with the Refrigeration Co because the agreement was that the store would provide a drain pan under the ice machine, they did not. the refrigeration Co is negligent because they did not maintain the ice machine causing the coils to become caked with dirt and debris, causing the condenser to over heat, melting the ice causing the leak. the store is also negligent because they did not have the drain pan under the machine to catch the leaking water (as per their agreement). They store also destroyed the rug that slid out from under me and my attorney filled the spoliation motion with the Refrigeration Co ajoining our motion. Our expert Refrigeration engineer wanted it as did the Ref. Co expert but the store got rid of it. The judge says he will rule on it later after the store questions our experts.
I am hoping with what the judge had to say to the store and to the refrigeration company..... we will eventually get this settled. I have permanent nerve damage in my arm, causing pain from elbow to fingers and permanently numb hand, permanent disk damage in my back causing bad sciatica and lumbago pain, a cist at my tailbone caused by the fall and another at my wrist where I hit the floor. I am more than sure that all my doctors want to be paid.
Do you know what percentage the medical normally settles for?
Posted: Tue Sep 21, 2010 11:36 pm Post Subject: slip and fall
I slipped and fell in a Las Vegas hotel lobby. I fell pretty hard, twisting my back and right ankle. My left leg had a softball size bruise on it it the next day as when I fell my purse went under my leg. I didn't feel at the time I needed medical attention. Could not sleep the next three days I was there and was extremely store. When I returned home (I was there on business) I could not miss work due to budget hearings, etc. I called my doctor on Monday and was told he would be out of the office. So I used heat pads and ice at different intervals. Due to more commitment at work, I could not take off. Still very much in pain, I had business to do in town so I went by the doctor's office only to be told he was gone again. It took me well over a month to get help. Two visits and I'm not going to say I was as good as new but I had no pain. (Chiropractor) I lost several days off of work, not being able to get up for the pain, submitted all of the paperwork to the "third party" insurance company for my missed days and two visits, which my doctor I think felt I should go more but I could not afford to pay my co-pay 3-4 times a week. My question is doesn't the insurance have to reimburse me for my PTO time and comp time I had to take off, as well as my copays? What about the pain and suffering I had to go through? Also the insurance co. told me that the clerk at the hotel admitted to knowing the spill had occured 10 minutes prior to me falling but failed to call someone to clean it up.....can you advise?
Posted: Thu Sep 23, 2010 03:13 am Post Subject:
Also the insurance co. told me that the clerk at the hotel admitted to knowing the spill had occured 10 minutes prior to me falling but failed to call someone to clean it up.....can you advise?
Well, if they've admitted it, send in your claim with all the appropriate documentation, and wait for their response.
It will either be a letter with a request for your signature on a document accepting whatever offer they are willing to make, and releasing them from all future claims, in which case they will send a check in a few more days, or it will be a letter denying your claim, and there won't be any money coming.
Then you can decide if you want to go to all the trouble to try to sue them in civil court or not. That will probably require an attorney, who will cut himself in to the tune of 30%-40% of whatever settlement he can obtain.
Posted: Tue Nov 23, 2010 02:10 am Post Subject: Slip and Fall Injury
Just figured I would add and update on my Slip and Fall case. We finally SETTLED. Yipeeee. I an totally glad it is finally over.
The store and the refrigeration company had a big ugly meeting and my attorney said it got really bad, yelling and screaming between the store and the ref co. The store finally told them that they had better handle this lawsuit or else. meaning they were going to yank all their contracts from the refrigeration company. I guess the Ref Co figured it would be cheaper to settle with me.
1 week after the meeting we came to a settlement agreement.
Posted: Tue Dec 07, 2010 04:10 pm Post Subject: Slip and Fall
Just thought I would let everyone know that we FINALLY settled my lawsuit. What everyone says is true that you are not totally happy with the settlement. We gave a little and they gave a little and we finally met in the middle. I am glad we are not going to have to go through with a trial. I hope everyone who is going through a personal injury case just hangs in there.
Posted: Tue Dec 07, 2010 06:18 pm Post Subject:
What everyone says is true that you are not totally happy with the settlement.
If it was that easy, the lawyers would never get involved.
Congratulations for not giving up or giving in! Knowing now what was involved over all those months, do you have any recommendations for others facing a similar situation that you would care to pass on?
Posted: Thu Dec 09, 2010 08:42 am Post Subject: pain and suffering
on feb 2010 I was on vacation in new orlreans, I stay at the hitlon hotel, I went to use the bathroom and slip and head my head on the back of the tollet and injury my neck and back, after returning back home in texas I went to the doctor right away and started therpy on my neck and back fron feb through july 2010 and send in all y paper work, tell me how much should I ask for in pain and suffering
Posted: Thu Dec 09, 2010 08:47 am Post Subject: pain and suffering
on feb 2010 I was on vacation in new orlreans, I stay at the hitlon hotel, I went to use the bathroom and slip and head my head on the back of the tollet and injury my neck and back, after returning back home in texas I went to the doctor right away and started therpy on my neck and back fron feb through july 2010 and send in all y paper work, tell me how much should I ask for in pain and suffering
Posted: Sat Dec 11, 2010 05:00 pm Post Subject: injury claim advice
i can advice a little bit here, i've done this before and i'm asking lot of question the same as your problem.Then somebody give me an advice.
injury claim advice
Posted: Sat Dec 11, 2010 07:15 pm Post Subject:
tell me how much should I ask for in pain and suffering
People fall... why should you be paid for it?Add your comment