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: Fri Jan 01, 2010 11:29 pm 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: Sat Jan 02, 2010 12:09 am 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: Wed Jan 20, 2010 06:11 pm 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: Thu Jan 21, 2010 12:17 pm 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: Mon Feb 01, 2010 10:21 am 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: Mon Feb 01, 2010 11:55 am 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: Sat Feb 13, 2010 06:09 pm 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: Sat Feb 13, 2010 06:13 pm 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: Sat Feb 13, 2010 10:17 pm 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: Tue Mar 16, 2010 06:08 pm 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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