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 Jul 13, 2009 10:32 pm Post Subject: Slip and Fall
Just thought I would keep all of you up to date. We have not settled our case yet. The Refrigeration company has been brought into the lawsuit, not by my attorney but by the store. I have had am exam but the stores orthopaetic doctor and I have been evaluated by a Occupational rehabilitation expert. We have a Settlement Mediation meeting in October and if we do not settle we are on the trial docket for January. It is what it is. I was hoping for early closure but looks like it could be October or January.
Posted: Mon Jul 13, 2009 11:16 pm Post Subject:
Hang in there, rarely does getting into a hurry with injury settlement pay off in the long run...thanks for keeping us in the loop...let us know your outcome..and good luck!
Posted: Sat Sep 12, 2009 03:42 pm Post Subject: slip and fall
4 years ago I was injuried in a slip and fall, I fell on water and blood from them cleaning out a meat tray along with the power going out. I got an attorney and was going for 250,000 for loss wages and pain and suffering, went to a meeting with the other attorney and they only want to offer 20,000
then we went back to meet again asking for 125,000 and they said 30,000 now this is after I lost 3 years of earnings and I fractured my tailbone and twisted my back and have over 50,000 in medical bills and still have
trouble with my back as far as standing and sitting and
when the weather changes and bending over and they only want to offer that, I guess they think because they are a big store they can push little people around like us. Does any one have any ideal what to ask for, we go to court in 3 weeks and it will be at least 3 day trial. Please give me any advice you might have, thanks
Posted: Sun Sep 13, 2009 12:47 pm Post Subject:
little people, this is what you are paying your attorney a whopping 1/3-1/2 of your settlement for...He/she should know what your injury is worth.
Let me ask you a few questions, to try and understand why there is such a huge difference. What type of treatment did you receive for your injury? Are you collecting some type of disability? SS or private? Where did you work or what type of work did you do prior to this? Have you EVER had another injury to your back, or EVER had another slip and fall claim?
I would say on the surface, that this store's insurance company feels pretty strongly that they can win a judgement will be closer to their dollar amount than yours or they wouldn't allow this to go to trial.
One more thing. IMO, for your attorney to drop or counter their offer by cutting yours in half, (on the first counter offer) indicates to me (and probably the stores atty's) that he/she knew that you both were WAY out of line on that first offer of settlement (250k-125k?)...
Posted: Mon Sep 14, 2009 11:10 pm Post Subject:
I am not collecting anything, I sit at a desk and I have pain management with trigger shots in back and lower legs, I have never hurt my back or even had a slip and fall til now. My lawyer feels we are both 50/50 because they are aware they had something on the floor but I did not see the cones.
Posted: Tue Sep 15, 2009 11:06 am Post Subject:
My lawyer feels we are both 50/50 because they are aware they had something on the floor but I did not see the cones.
makes alittle more sense to me now (why you are so far apart). The store is hanging their hat on the fact, they can convince a jury you were the majority at fault for you injury, I'll bet.Posted: Thu Sep 17, 2009 06:28 pm Post Subject: range
I know you are looking for an answer. Take your medical, figure 3 to 5 times that for your settlement. Thats what the ins co will be thinking, even if they wont say it. 50k in meds, $250k (plus lost wages) would be a windfall. Remember, the only place the insurance co doesnt deciede what they will pay you is in court! Understand your attorney gains be settling sooner, you lose. Have all your meds complete before negotiating anything!! Good grief, thats lesson #1. Future value is a fairy tale, it will never be valued near actual as a future value. Until my treatment is completed, I would be saying over and over, I just want my day in court! That will inflate the value faster than anything else! Good luck and remember, those ins co do this every day, your attorney not so much. He makes money by settling low at your expense so he can do 10 of these a month. They will never pay you what its worth, only the min they can get away with. Dont let em snow you, but be realistic.
Posted: Fri Sep 18, 2009 10:57 am Post Subject:
I know you are looking for an answer. Take your medical, figure 3 to 5 times that for your settlement. Thats what the ins co will be thinking, even if they wont say it
I might've agreed with you 20 years ago. I don't know what carrier you work for that still operates under this philosophy, I'd reallllllllllllly be interested..Future value is a fairy tale,
what?I would be saying over and over, I just want my day in court! That will inflate the value faster than anything else!
AND you work for a carrier that is afraid of attorneys? Really?Posted: Fri Oct 02, 2009 02:27 am Post Subject: Slip and Fall Settlements
Just wanted to update you guys on my case. The Settlement meeting that was scheduled for July was Cancelled by the Grocery Store. They are trying to figure out if the Refrigeration Company can be dragged into the lawsuit. My attorney said they just want someone to share in their pain.
So I have continued with treatments. We are into 18 months since I fell. I have had 1 surgery, 3 Nerve tests, 4 steroid injections in my back, 3 session of Phy Therapy, too many to count doctor visits. 1 surgical consult. MY medical is as good as it is going to get.
I had to go for an independant medical opinion for the store. If really REALLY got off on the wrong foot with their doctor insulting my treating orthopaedic, Neurologist and Pain management doctors. Thank goodness my attorney was present and he also brought a court reporter along and she took down everything that was said. Their doctor finally apoligized to my attorney. Too late it is on the record.
Well my attorney got his report ..... their doctor says I have absolutely no injuries. My attorney says he is paid to say that. Said if he really wanted to hurt our case then he would have said he thought my injuries were very minor. Their IMO doctor, that is all he does is lawsuit medical exams and gives a paid opinion. I have 4 doctors disputing his claim,
SOOOOO now a more recent update this week. We are scheduled for court ordered mediation on November 25.... 2 days pass and the store attorney has requested an earlier mediation so we are scheduled for November 2. If we do not settle we are already on the trial docket for January.
I will just be glad when all this is over and done with
Posted: Fri Oct 02, 2009 11:22 am Post Subject:
Thank goodness my attorney was present and he also brought a court reporter along and she took down everything that was said. Their doctor finally apoligized to my attorney. Too late it is on the record.
Good Atty!Add your comment