Slip and Fall Injury – Determining whose fault it is

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:
  • 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: Sun Oct 04, 2009 11:52 pm Post Subject: Slip and Fall settlements

I like my attorney. He never pushed for settlement, in fact he told the store's attorney when we did depositions that my medical is not at 100%. It is now and I have permanent back injury and permanent nerve damage in my hand. Sooooo November 2nd is out court ordered Settlement Mediation.

I have no clue what to expect. Can they ask me questions? How many cases normally settle during the Mediation process.

It would be so much easier if they did have a calculator for a base to start, then depending on factors related to your case it could be adjusted.

Posted: Mon Oct 05, 2009 10:54 am Post Subject:

I have no clue what to expect. Can they ask me questions?

I think so, but not about what happened, and the 'types' of questions they ask will likely be answered by your attorney...

How many cases normally settle during the Mediation process.

My guess would be the majority, since it's court order, that means the judge really wants it to get handled, if it's a good professional mediator I'll bet you all settle.

It would be so much easier if they did have a calculator for a base to start, then depending on factors related to your case it could be adjusted

Well then those 'factors' would take forever :wink:

Good luck and let us know how it goes.

Posted: Sat Oct 17, 2009 10:03 pm Post Subject: Slip and Fall

LORI: thanks. Florida has court ordered mediation and yes we have a good professional mediator. The mediation firm has excellent reviews and rusults.

I am just nerious as all getout. I just keep wondering what the outcome will be and I do pray we settle this in November. My medical is now at $83,000 with $20,000 in lost wages. My pain management doctor has said that I will need treatments for the rest of my life and the nerve damage to my hand is permanent.

My attorney is meeting with us next week to run his initial amunt for settlement will be. I just guess I am curious.

Didn't curiousty KILL the cat?

Posted: Mon Oct 19, 2009 11:14 am Post Subject:

Didn't curiousty KILL the cat?

If not, it at least got a limp, out of the dea.. :lol: hang in there, and let us know how it goes. Best of luck.

Posted: Sat Oct 31, 2009 11:28 pm Post Subject: Slip and Fall

LORI, we are heading to court ordered settlement mediation on MONDAY. I al total ill just thinking about it. If we do not settle we are on trail docket for January. Call of the Calendar is Dec. 18 and we get the date at that time. My attorney says if we do not settle then he has asked for 4 days at trial.

He told me that my husband, Me and himself will be at mediation along with the store's attorney and a store representative and there will also be a person there to discuss structured settlement.

WHAT is that about?

Posted: Sun Nov 01, 2009 12:03 am Post Subject:

People wondered why the “BIG EVIL“Insurance company has to investigate every case that comes across their desk. If you’re hurt, you should get enough money to pay for the doctor and get back to work!!! You should not get rich quick because you FELL DOWN! Buy a lottery ticket if you want to get money for nothing. If you put as much time into working as you have this case you would not need a hand out!

Posted: Sun Nov 01, 2009 12:09 am Post Subject:

How often does a slip and fall win in a trial?

Posted: Sun Nov 01, 2009 02:44 pm Post Subject:


WHAT is that about?

A structured annutiy, is a way of settlement (also of investment)...Where the carrier purchases say a 100k (spends 100k) on an annuity, it then pays out in installments, you can set up about anything you can imagine, as far as payment plan. In the end you end up with more money, they pay a little less. You can also purchase one yourself with the settlement.

How often does a slip and fall win in a trial?

It depends TOTALLY on the facts.

Posted: Fri Jan 01, 2010 08:58 pm Post Subject: slip/fall injury

On 3-7-07 I fell leaving my workplace. I was working at a medical facility and the snow removal equipment had arrived but had not started to clear the parking lot. I took a couple steps out into the parking lot and my feet flew out from under me, I fell backwards, fell flat on my back and slammed my head backwards on the pavement. I was dazed. A worker come to my aid and said he would go report and get help. I waited a while and nobody come so not thinking clearly I walked to my vehicle, cleared the snow, warmed up the engine and waited some more--still not seeing anyone coming to my aid. Finally after about 20-25 minutes I left and drove home (but not remembering different points along my path). My company finally called me 4 hrs. later and wanted a statement and told me I was authorized to go to the ER to be checked out. Long story short, I have received workers comp but they have recently stopped paying saying that my bills are not injury related even though the drs I am seeing this is their specialty. I have contacted a lawyer for personal injury. My injury was a broken C-2, compressed C5-6 and a pinched nerve down my right arm. I get really bad migraines and ear pain. I was sent back to work 3 mos after my accident even though I was not recovered. I was still going to therapy. I had never been on workers comp and I didn't know that I could fight it. Because of bills, I have been working 40 hrs./wk to help my husband with bills and I am down every night. I am in pain from my day. It has been almost 3 yrs since my accident and the pain of it still feels like yesterday. I suffer post traumatic stress everytime it snows. I used to enjoy this time of year. I have come to dread it. My attorney tells me that because it was fresh snow and there were no hills or peaks in the snow I have no personal injury case---This is my life and I feel like I am all alone. I don't have the chance of getting a settlement for negligence (because if was not cleared)--although the front of the building was cleared because that was a patient entrance. My exit was for employees only. How can I get help?? Would it be negliegence had it been a patient who broke their neck instead of an employee. I am still a person in pain, failing marriage because of it and my life enjoyment is destroyed. What can I do?? Please help a desperate, pained person. Thank you for your consideration in this matter.

Posted: Fri Jan 01, 2010 09:00 pm Post Subject: slip/fall injury

Please reply to my inquiry as soon as possible. Thanks!

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