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 Aug 09, 2010 04:44 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?
Posted: Sat Aug 14, 2010 08:32 pm Post Subject: Slip and Fall
ok, here is the current update. All attorneys involved in my slip and fall case appeared before the judge on the Spoliation motion my attorney filed because the store destroyed evidence (the rug). The Refrigeration Company also joined in the motion of spoliation against the store. The judge did not rule on the motion YET but he did say that he was going to but decided to give the store the chance to question our Expert Refrigeration Engineer. My attorney also said that he discovered through the deposition the Refrigeration company had with the store managers that the store was suuppose to have a drip pan under the ice machine to catch any water that leaked but they did not. SOOOOOO the judge did get mad and into the store's attorney's face and wanted to know WHY they had not settled because we have already been to Mediation 2 times and he told the store that their thought that they would not be held responsible for any of the neglience was wrong because they did not have the drain pan to catch the leak that the refrigeration company caused. BOTH are at fault. The judge was NOT happy with the defendants. My attorney was dancing with joy to say the least LOL.
Posted: Sun Aug 15, 2010 02:38 pm Post Subject:
GREAT news...don't ya' just love it when a judge jumps a straddle an atty like this? I do! :wink:
Re: ohmylife--three times-no cap, no cap, no cap...
Posted: Mon Aug 16, 2010 12:51 am Post Subject: slip and fall
LORI
LOL what the heck is ohmylife-three times- no cap, no cap, no cap
Posted: Mon Aug 16, 2010 12:58 am Post Subject: slip and fall
LORI I figured it out OHMYLIFE was the person who asked about brain damage cap.
I do have a question though.... I am Pattycake but when I try to reply it says my name is used WHAT IS UP WITH THAT?
Posted: Mon Aug 16, 2010 09:57 pm Post Subject: Slip and Fall
Ok I think I figured out the not accepting my name thing.
LORI: I am loving the judge jumping all over the defendants for not getting this settled and not letting them off the hook. Now we will see if they take it to heart because my attorney told them the settlement amount goes up $25K every month then at trial all bets are off.
I have had a new nerve test that shows the damage is permanent in my arm (so much for me going back to sculpting and hand quilting) and my Pain Management doc wants to inject dye into disks to see if I have a tear then will inject the steroid shots from the bottom guided by video. This just sounds so painful. I have 2 months before I have to decide for sure to go ahead with that.
I just find it hard to believe that the store thought they were going to get away with not having any liability in my accident. The store owed the ice machine, the store had physical control over the ice machine, the store removed the ice machine after my accident. The store does have a maintenance agreement with the refrigeration co to maintain it and the Ref Co did not and because of that the machine leaked (big time). The store destroyed the rug that was involved in my fall there for my attorney files a Motion of Spoliation, which the Refrigeration Co joined in the motion against the store. The store was suppose to have a drain pan under the ice machine to catch any leaking water.
WHO is at FAULT? my attorney says BOTH. The store says not us the Ref Co caused the leak, the Ref Co says We caused the leak but you did not have the required drain pan. I say I do not care your are BOTH to blame. The judge says the same thing.
Lets see if we actually go to trial in January. What do you thing? Trial or no Trial?
Posted: Mon Aug 16, 2010 11:52 pm Post Subject:
I just find it hard to believe that the store thought they were going to get away with not having any liability in my accident.
There are many reason's for saying that you have no liability... just as your attorney told each party that they had all the liability. But an owner is _never_ going to walk away free and clear... for the _exact_ reason's you mentioned. I had the owner of a large department store tender a slip and fall claim to my insured when a customer slipped on some water in the store. My insured built the building 6 years before this happened. The store owners carrier claims the floor was "excessively slippery". First, I don't know now something can be "excessively slippery... when there is _WATER ON IT_, second.. we built the floor to their request 6 years prior and no one ever said it was incorrect in any way. I'm betting some supervisor told the adjuster to send out the tender letter. I'm betting the adjuster was embarrassed that she had to act like the builder had liability. But in many cases you need to put on your best card playing face (as I can't post "pok er) and act like you don't have any liability and someone else needs to pay 100%.What do you thing? Trial or no Trial?
I say no trial. When there is more then one defendant a mediation is tough. A good mediator is needed and good attorneys for the defendants. I say this as not so they can put on a good defense but so they can understand pointing the finger at each other is _not_ in their best interest. Bad defense attorneys will wait for the other one to put money on the table. If both do this, it goes no where. They really need to go back and forth themselves and figure out how to get to 100% of the settlement.Keep in mind it's not this easy either. Both defendants are trying to get to a 100% amount when the 100% needs to move toward them as well. This is where a good mediator comes in. He/She needs to understand this and keep each party moving toward some common ground.
Posted: Tue Aug 17, 2010 12:16 am Post Subject: Slip and Fall
TCOPE: we have been to mediation TWICE the first time with just the store, my medical was at $90K and the store offered $125K we did not settle. the second time when we amended the lawsuit to include the refrigeration company. We again went to Mediation and the Refrigeration Co offered $125K and the Store offered NOTHING. they were taking a hard line that they had an ademitity agreement with the Refrigeration Co and was not willing to offer not one penny. During that mediation meeting the Ref. Co wanted to see and test the rug to make sure it was not defective or the wrong rug when the store said they no longer had the rug WHAT? This was evidence. The Mediator tried to get the store and the Ref. Co to cap the damages but the store would not offer anything. Needless to say we did not settle and my attorney filed a Motion of Spoliation and the Refrigeration Co joined in that motion against the store. Now comes evidence that the store had a maintenance agreement with the Ref Co but the Ref Co had NO records showing that they ever maintained the ice machine and then evidence shows that the store was to have a drain pan under the ice machine which they did not. They just went before the judge on the Motion of Spoliation and all heck breaks out with the judge getting all over the store wanting to know why this case had not settled. I can only guess that their reply had something to do with the ademitity agreement and then the Ref Co gave evidence about the drain pan and the judge told the store that they were also negligent along with the refrigeration co.
My attorney was just about dancing when he left court. He said you got to LOVE when the judge gets onto the defendants. We are waiting to see who cried Uncle first.
Posted: Tue Aug 17, 2010 01:55 am Post Subject:
and the Store offered NOTHING. they were taking a hard line that they had an ademitity agreement with the Refrigeration Co and was not willing to offer not one penny
I think they had an Indemnification Agreement and probably also a Hold Harmless Agreement as part of their contract. This creates another level... this does not change their liability to you. They can still have liability to you. What this changes is that they are saying to the refridge company, you need to address out liability as well. Of course the refridge company company is not going to be willing to do that. They are going to come up with a list of reason's why it does not apply. From the stores perspective, they might not be found liable in court (court is _always_ a roll of the dice). Then, if they are found liable they and they pay, they are then going to seek recovery of that money from the refridge company. But seeking recovery is more difficult and _more costly_ to them then just "resisting" payment now. They would rather put the screws to the refridge company with all of their "outs" in this matter.IMHO your attorney _really_ screwed up in not bringing in the refridge company to start with. The stores attorney _also_ screwed up in not bringing them in. This wasted everyone's time from the start. I'm betting the adjuster for the store screwed up as getting all contracts and reviewing them should have been 1st on the list of things to do.
It's all a _big_ tug of war. As you can see... it's "complicated". This is why things take awhile to settle. Each party (defendants and plaintiff) always thinks that they have a great case. Sometimes it takes a 3rd party to push them toward a settlement.
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