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: Wed Jun 30, 2010 11:47 am Post Subject:
guess my question is whether I am entitled to some sort of compensation...even if it is just for my medical costs.
yes, you are.Pattycake, I'm with Tcope, I don't understand why your atty didn't bring the maint. company in day one! Most atty's will like/file against EVERY deep pocket in sight! Little bit worrisome.
Kariann - that 5k is probably medpay, I'd think that the both the biz. and the building owner would bare some responsibility in this. The biz, because if this was a dangerous entrance, they should've MADE the owner repair it or close that entrance.
Posted: Fri Jul 23, 2010 02:20 am Post Subject: Slip and Fall
My attorney has file a Motion of Spoliation Rvidence and for adverse inference jury instruction against the store.
Can you tell me what that means and if the store will be in trouble for destroying the rug that was evidence in my fall?
We did not settle at the 2nd mediation meeting and we are on the tril docket for August.
Posted: Fri Jul 23, 2010 02:27 am Post Subject:
Spoliation of Evidence is when someone disposes of evidence that can be used at trial. In this case your attorney was not allowed to inspect the rug and present it as evidence. An attorney can file a motion for just about anything. Many times they are valid but many times that are just bargaining chips... that, and you never know how a judge is going to rule. They can also be used as grounds for an appeal if the decision does not go your way. In a nut shell, your attorney should file that motion, regardless.
Posted: Fri Jul 23, 2010 11:38 pm Post Subject: Slip and Fall
Thanks TCOPE. My attorney has filed that motion and he is not the only party in the case who is filing it. I am sueing the store and the refrigeration company. The store and the refrigeration co are fighting with each other as to who is to blame or the most to blame. As far as we are concerned they are both at fault. The Refrigeration Co for the leaking machine they did not maintain properly and the store for not cleaning up the water.
What kind of trouble could the store be in for destroying the rug when they were noticed to preserve all evidence?
Posted: Sat Jul 24, 2010 04:55 am Post Subject:
What kind of trouble could the store be in for destroying the rug when they were noticed to preserve all evidence?
No way to tell... that is up to a judge (if the motion is allowed). I don't know what happens if it's allowed... I think the jury is then allowed to know about this and perhaps your attorney is then permitted to tell the jury that certain assumptions can be made.I think mainly the motion is being made so that your attorney can show that his has the worlds best case and should get more money. These are mainly why motions are made... they help the case go a certain way (as you make motions to help your side). If a judge will allow it is one thing... if it will make a difference is another.
Posted: Thu Jul 29, 2010 04:32 pm Post Subject: slip on water
I slipped on 7/28/2010 at a nearby gas station on some water left on the floor. There was no wet sign over it. When I tried to tell the cashier a customer came behind me and placed it over the water I slipped on. When I finally got the cashier's attention she said someone said there was a spill and she thought she placed it in the right place. She asked if I was ok and I said I think so but my ankle hurts. I never actually fell to the ground but waking up this morning my left ankle hurts a little bit and my right ankle is killing me. My back hurts really bad too and it's hard to turn my neck. My doctor says I can't get an appointment till 7/30/2010. People have been telling me to call the manager of the store and let them know just in case. What suggestions do you have for me just in case it ends up that I have damage to myself? I have never slipped in a store before.
Posted: Thu Jul 29, 2010 07:13 pm Post Subject:
Let me see....you didn't actually fall and you hurt both ankles, your back and your neck. I would go with that. Call the store and speak to the manager. Let them know that you didn't fall but now you are hurt. They will do one of two things. File it in the circular filing cabinet or let the owner or their insurance carrier know. If they have video, they may check that as well.
Posted: Mon Aug 02, 2010 11:53 pm Post Subject: Slip and Fall Injury – Determining whose fault it is
Well, we keep plugging along with my fall case. I just had a new nerve test (man, these are painful) and my neurologist says the damaged nerve in arm is permanent. My anestesologist wants to inject dye into the disks because she suspects there may be a tear and she also wants to inject the steroids into the spin from the bottom (YIKES).
The Motion for spoliation against the store for destroying the rug will be ruled on Aug 12th. the Refrigeration company has joined in our motion for spoliation against the store also. My trial has been pushed back to September because of conflicts with scheduling 4 lawyers, 6 doctors, numerous experts.
Just wanted to keep you updated. I am sure EVENTUALLY this will come to an end, right?
Posted: Mon Aug 09, 2010 04:36 pm Post Subject: caps
What is the cap for slip & fall brain injury settlement?
Posted: Mon Aug 09, 2010 04:44 pm Post Subject: caps
What is the cap for slip & fall brain injury settlement?
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