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 Mar 16, 2010 07:06 pm Post Subject:
Some states allow double dipping (to collect from two different insurance polices for the same loss). If your friends state does not, his health carrier may want to be paid back. Even if they can request payment back, some health carriers just don't actively pursue recovery. If they do pursue recovery and your friend needs to pay them back, what they want can almost alway be negotiated down.
If your friend uses an attorney, the attorney takes 33% of the settlement amount, your friend may also be required to pay the heath carrier back and then your friend gets what is left. A good attorney will usually settle with the liability carrier based on what the medical bills are and then, negotiate down what is owed back to the health carrier. Again, anyone can negotiate this amount down if it needs to be paid back.
Posted: Wed Mar 17, 2010 12:00 am Post Subject:
T...don't forget medicare is a completely different animal...Goldfish the adjuster will know what they have to do..if medicare has paid ANY of these bills...you can bet they will want their money back..
Posted: Fri Apr 23, 2010 09:25 pm Post Subject: slip and fell
Hi my name is april and I fell back in 2004 in a store at that time it didn't hurt but now am in much pain I feel like a car run over me how long do I have to sue or if I can do somethimg stll please help email me for suggestions at april22rendon@aol.com thanks
Posted: Mon Jun 14, 2010 09:38 pm Post Subject: slip/fall
i fell down sone outside basement steps where i used to live. i went down them because i needed to see what was in my basement that i would have to pack, or remove, the steps were in horrible condition, and my l/lord was always saying he was going to fix them and other things in my house, but ,NEVER FIXED ANYTHING. I had a mild concussion, hurt my back, and shoulder. i had shoulder surgery in late ja. of this year. i just want to know if my case will be hard to win? ty
Posted: Mon Jun 14, 2010 10:00 pm Post Subject:
i just want to know if my case will be hard to win?
Can say hard or easy but there are some factors to look at....Landlord had constructive notice that the stairs were a danger and did not correct them in a reasonable time frame. Landlord owes a higher duty of care to a tenant.
Danger was open and obvious to you (you knew the state they were in and you placed yourself in danger.
There are _many_ other factors that some into play... the main one is actually seeing the stairs and what they looked like.
Posted: Mon Jun 14, 2010 10:07 pm Post Subject: slip/fall
yes,i knew they were in bad shape, i actually felt a piece of the stairs break under my foot. i DID NOT know that would happen. i mean,,how could i have known they would fall apart under my feet?
Posted: Mon Jun 14, 2010 10:12 pm Post Subject:
. i just want to know if my case will be hard to win? ty
What does your attorney say? How many times (prior to the fall) had you been up and down those steps?
Posted: Mon Jun 14, 2010 10:16 pm Post Subject: slip/fall
my attorney says that my fall was TOTALLY AVOIDABLE if my l/lord would have fixed them. and, i lived there 2 yrs. and i only went down them when i had to.
Posted: Mon Jun 14, 2010 10:44 pm Post Subject: slip/fall
so, does that make a difference? that. i lived there 2 yrs. asked l/lord SEVERAL times to fix them and put a door over them, ppl were always scared they were gonna fall down that hole leading to my basement. i had to watch my grandbabies very closely.
Posted: Fri Jun 25, 2010 05:27 pm Post Subject: Fell walking out of sub shop
Almost a year ago I fell walking out of a sub shop. There is about a 6 inch drop from the bottom of the door, to the pavement. There isn't a sign warning of the step or anything. When I called the next day, the employee had said that I was not the first person to fall walking in or out of that door. Then I talked to the owner and he mentioned that he had thought of putting a sign warning of the step but cooporate sign issues kept him from doing so.
I inverted my ankle and tore my posterior tibialis tendon. I did 2 months of physical therapy before they did an MRI and found that I had flattening of the tendon. They scheduled surgery the following week to do a debridement thinking it was just inflamed tissue that was irritating the tendon. When they opened me up they found the tear.
I am almost 7 months past the surgery. The tendon is healing and I still have problems standing for long periods of time. My treatment is done though. It is just a waiting game.
So far my medical bills are about $35,000. I had to quit my job because my injury caused me to take many LOA and any further LOA's would not be job protected. So I quit before they got rid of me once I had surgery. Did I make a mistake doing this? My employer is the biggest healthcare provider in my state and I did not want to burn my bridge for when I am ok to work again.
Also, are settlements usually 2-3times your medical bills or not?
Thanks in advance!
Add your comment