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: Mon Sep 24, 2012 12:12 pm Post Subject:
If your son was not injured, you have no case. But your son definitely needs some help with his obesity issue.
Posted: Mon Feb 25, 2013 12:10 am Post Subject: slip and fall accident
last Nov I was at a survey company and I fell as there was a raised part n park lot that wasnt fixed. i tried going to a couple lawyers and since i didnt incur high med bills they said they wouldnt take my case. I only had to go to the emergency once and had a sprained arm. do u think i can pursue this? Ia m in state of texas. in meantime I am going to send a note to the research company requesting to pay for my one time medical bills. I think my bill was $300 or $400 dollars. do I just send the bill to them in meantime till i have chance to contact another lawyer? please advise thank u I need to to tell me whats a good amount I can ask for that is reasonable to settle this. t cost me only $500 in med bills but I feel I should get a few thousand for pain and suffering and neglect with making repairs as girl in office says they have been telling landlord to make repairs. Please advise ASAP thank u! please email me at sa0570@aol.com
Posted: Mon Feb 25, 2013 04:55 am Post Subject:
last Nov
So why is this suddenly an issue five months later? Did you report the injury to the owner of the parking lot at the time? If not, they are going to fight you on this to the death.I feel I should get a few thousand for pain and suffering
Really? For a sprained arm? If that's the case, breaking a fingernail should be worth about $500,000, right?Your first clue was discovering that no attorney wanted your case. There is nothing there. You can make a claim for your doctor/emergency room bills, but they are going to deny it since you did not report it at the time. When they do, then you can sue them in small claims court. Maybe the judge will award you the $400.
Posted: Sun Jul 27, 2014 08:30 am Post Subject: fall in a supermarket
hi there can you pleas tell me what to do in this case i was shoping in supermarket in new york i wnt to get some things in the beer section i didnt know what happen all i know is i faal on my back there was alots of water on the floor no one cleaned it befor there was no coution signs i fall on may back and i use my hand to protect my back i twisted my arm my pinky get hurt but not broken the manger called unblance they took me to the hospital theyn said that im ok noting big its just swolen hand and pinky is hurt now i went back to the store they said that the inssurance will pay for the bills i didnt do any claim report yet plz tell me what to do
Posted: Mon Jul 28, 2014 02:13 pm Post Subject:
Let the store's insurance company handle the matter. You were not seriously injured, apparently, so they will probably offer to pay your medical expenses and give you $500-$1,000 for your "pain and suffering." Sounds fair to me.
Posted: Thu Jun 04, 2015 03:26 am Post Subject: mediation
Finally going into mediation in the next two weeks for a slip and fall case that involved my mother at a large retail store three years ago. She fell and broke both arms. An employee has stated on record that management was made aware that the rugs at the entrance were rolling up and the video surveillance supports this as well. Both the retail chain and the rug manufacturer have been named in this suit. The attorney shared that the insurance company has made an offer of $40k that was declined. I have no idea what a fair settlement for this would be. And do both parties settle separately or do they share the cost of settlement?
Posted: Sat Jun 13, 2015 03:26 pm Post Subject: settlement figure
Back in February of 2014 I fell in my landlords driveway on ice and broke and dislocated my foot. I had surgery and im still in pain today. Im a nurse and havent been back to work because of the pain from my foot and my back (my back wasnt involved in the setttlement because i had prior damange.) My lawyer called me yesterday and I live in Massachusetts. He said they reached an amount of 100,000.00 but what has got me is that i only have 16,000.00 in medical bills because my insurance paid for most of it. My lawyer is telling me that I would only get 47,000.00 out of the settlement. Could you tell me why so high of a cut is going to my lawyer?
Posted: Sun Jun 14, 2015 02:06 pm Post Subject:
Could you tell me why so high of a cut is going to my lawyer?
$100,000 settlement
-33% ($33,333) to the attorney
-------------
= $66,6666
Less any expenses or owed medical expenses. Appears that there is about $20,000 out there. You want to call the attorney's office and have them send you an itemization.
So you were injured and are getting $47,000. Your attorney is getting $66,000.
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