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 Jun 18, 2012 08:43 pm Post Subject: SLIP AND HURT SETTLEMENT
I NEED A LAWYER .I GOT HURT ON 6/17/2012 AT FOODLAND IN MARS PA ..THEY HAVE A AIRCONDITER IN THE CELING AND WATER WAS LEAKING ON THE AILE FLOOR AND I SLIPED AND HURT MY ANKLE AND KNEE.. WENT AND HAD EXRAYS ANKLE OK BUT KNEE IN PAIN ....I WANT TO KNOW WHAT TO DO ..THIS IS WRONG ...
Posted: Tue Jun 19, 2012 01:01 am Post Subject:
I NEED A LAWYER
WANT TO KNOW WHAT TO DO
Open any phone book. There will be thousands of personal injury attorneys listed.
In the meantime.... STOP YELLING!!!!
Then read my sig.
Posted: Tue Jun 19, 2012 02:37 am Post Subject:
Mary Jane
Feel free to call 877-992-6311. We have free consoltations
Posted: Tue Jun 19, 2012 04:09 am Post Subject:
See... you did not even need to open the phone book to find an injury attorney to find your case. Being in PA, I'm surprised it even took that long.
Posted: Tue Jul 17, 2012 11:21 am Post Subject: fall
I was asked by my husbands aunt if I would clean her carpet. After cleaning the carpet and empting the dirty container, I refilled the cleaning solution and as I walked to the room that I was cleaning, I slipped on the floor (there was some water - that I didnt see on the floor). I had alot of pain in my tail bone, and hip - I laid on the floor for about 10 minutes until I could get up with some help. A year later I find out that I have herniated 2 disc in my back, which the doctor said came from a hard fall or a direct blow to my tail bone area. I also have injuried my SI joint. Is the homeowner responsible for my injury since she asked me to clean the carpet - or is it my responsibility since I was the one that was refilling the carpet cleaner?
Posted: Tue Jul 17, 2012 12:54 pm Post Subject:
Is the homeowner responsible for my injury since she asked me to clean the carpet - or is it my responsibility since I was the one that was refilling the carpet cleaner?
The short of it is that you are responsible as slipping on water you spilled is not something the home owner caused. You don't want to hear my long version of why you are 100% at fault and have no valid complaint whatsoever.Posted: Wed Jul 18, 2012 03:51 am Post Subject:
Generally, a property owner in Florid owes a duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. Dampier v. Morgan Tire & Auto, LLC, 82 So. 3d 204, 206 (Fla. Dist. Ct. App. 2012). This means simply that a property owner is not responsible for injuries unless that property owner had reason to foresee the harm that might occur and failed to take any action to prevent it. In your circumstances, unless the property owner knew about the wet flooring (and you did not have reason to know about it) the homeowner would not generally be deemed responsible for your injuries.
Posted: Wed Jul 18, 2012 12:14 pm Post Subject:
Thanks for the information.
Posted: Sun Aug 19, 2012 09:26 pm Post Subject: slip and fall
How long does it usually take to get a settlement
Posted: Sun Aug 19, 2012 10:43 pm Post Subject:
Provide more details. There is no standard answer to your question.
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