Slip and Fall Injury – Determining whose fault it is

by Guest » Tue Feb 03, 2009 11:39 am
Guest

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:
  • 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

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?

Total Comments: 128

Posted: Thu Feb 05, 2009 12:55 am Post Subject:

Is there an actual calculator or calculation that helps arrive at a estimated number?

Fire is correct not there is not...and were I you I'd wait to settle this thing until I had resolved my injury to it's absolute best prior to settling, and/or the statute running...

There is no limit what you can 'sue' for however you won't be suing anybody most likely...they have already expressed a desire to settle, so liability is not in question...

The value of your claim today and the value a year from now could be vastly different...so there is really no way to put a value on it...to value the claim they will review all your medical information, maybe have a third party review it etc...it's quite a lengthy process.

Posted: Wed Apr 08, 2009 03:43 am Post Subject:

I think you should receive at least 200,000plus, I have had a very similar thing happen to me, and it took 4 years before I saw any money. I received 100000 plus they paid for all my medical bills.
I am still hurt...Now that I look back, I should have received more.
These people owe it to you...keep fighting.

Posted: Wed Apr 08, 2009 11:24 am Post Subject: slip and fall settlements: inquiring the cause

Hi,

Take all this into consideration and apply it to similar prior settlements in order to get a semi-broad range.


Achieving the semi-broad range is fine..but I feel there should be an investigation to identify the actual cause behind his injury. Just performing a routine inquiry is often not sufficient under such circumstances.

Your attorney has given you no idea of a range even?


Well, I guess he needs to have a clear discussion with his attorney about his plans and the status of the proceedings. Some how I get this feeling that his attorney needs to be more careful towards a client. I say this, since this man is suffering for quite some time and is losing out on settlement offers. He should get reimbursed for his lost work, his current medical expenses along with an amount that suffices his future medical treatments..what do you think!

Roddick

Posted: Fri May 01, 2009 11:12 pm Post Subject: Slip and Fall Settlements

Just thought I would keep you updated. We will have a settlement meeting in 6 to 8 weeks. Attorney is currently puting a figure on the lawsuit. He says that if we can not settle he is ready to go to trial which is a good thing. He told me we could have a court date in September if needed. I will be totally glad when this is all said and DONE. Anyone who has had a slip and fall accident or really any accident, I highly recomment you get a good lawyer

Posted: Sat May 02, 2009 12:46 pm Post Subject:

THanks for the update, let us know how it goes...your atty STILL hasn't given you a range? Remember of course that if he files suit (and his first demand) will be way above what he is hoping you will get...but he/she should've by now had a some frank discussions with you regarding what he feels your injury will bring

Posted: Mon May 04, 2009 10:49 pm Post Subject:

LORI, We are going to mediation 2nd week of July. Attorney is currently put a number together and he has told me that he is looking into the high six figures. I am not sure how it works. If he is wanting the high 6 figures, I assume he asks for way more than that and they do offer/counter offer till my attorney agrees. My attorney is ready to go to court if them can not come to terms. He said trial would be in September if it comes to that. He does not think so because the store attorney has been calling him to beg for early Mediation meeting. Is that a good thing?

Posted: Tue May 05, 2009 10:18 am Post Subject:

Hi tenderHeartBabies..

Attorney is currently puting a figure on the lawsuit.

Did he explain things to you in detail?

Attorney is currently put a number together and he has told me that he is looking into the high six figures.


Remembering the kind of injuries you've had..I hope it would be a fair settlement. But I'd feel the things are still not clear at your end. Make sure that he's showing you through the right direction.

Steven

Posted: Wed May 06, 2009 02:48 pm Post Subject:

Hi tenderHeartBabies,

I guess the outcome of an early mediation meeting could only show you whether its going for good. I'd personally feel that an early mediation meeting is called only when someone's eager to go for an early settlement. Don't you feel the same? Roddick

Posted: Sun Jul 05, 2009 05:58 am Post Subject: slip and fall at a moving company

I was asked to come to the location after a hurricane to remove my items at the location. I fell at the location onto a metal roofing part that was still laying on the ground from the debris. I have had a EMG on my hand to see if I was developing carpal tunnel syndrome. This happen back in Oct. 2008. They sent me a letter stating they would send me out a check for $650, if I don't hold them liable for anymore damages. My lawyer & I will be sitting down to discuss my demands. What do you think I should ask for in my demands?

Posted: Mon Jul 06, 2009 04:53 am Post Subject:

Hi Innocent victim,

Who is this other party you are referring to? And,

They sent me a letter stating they would send me out a check for $650, if I don't hold them liable for anymore damages.



Please clarify this statement too.

~Jeremy

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