QUESTION
Do I have a case if I fell on a dental office and got injured?
Asked on Jul 02nd, 2013 on Personal Injury - California
More details to this question:
I had an accident in a dental office. I fell on my face, cut open my chin, ended up up in the E.R. I got 10 stitches and had my mouth wired because I broke my jaw. I have been in so much pain. Please help.
14 ANSWERS
Ronald A. Steinberg
Why did you fall? Did the dental office do anything to you to cause you to fall? Did you trip over your own shoelaces? In my world, you have to prove that someone caused you to get hurt in order to get anything from them. You are entitled to nothing unless you can prove causation.
Answered on Aug 13th, 2013 at 7:26 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan a premises owner/occupier has a duty to maintain a safe premises. This duty does not apply if the condition which caused an injury is "open and obvious". If the condition is not o&o on casual observation, or if it involves a high degree of risk, then o&o does not defeat the general duty. These cases are highly fact dependent and your question does not state enough facts to give specific advice.
Answered on Jul 08th, 2013 at 7:30 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It depends on why you fell. A premises owner is only responsible for your injuries if they were negligent, not just because it happened on their premises.
Answered on Jul 03rd, 2013 at 9:36 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You didn't say why or how you fell. Was there some hazardous surface that should have been fixed, removed or where they should have placed a warning cone? Most property or business owners have insurance that contains a med-pay provision where they pay your medical expenses up to a certain amount, usually around $5,000, regardless of fault. So at the minimum make a claim for that.
Answered on Jul 03rd, 2013 at 9:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. You would have to show what it was that caused you to fall and that the proprietors failed to take action to prevent it. But there is another possibility: some property owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault.
Answered on Jul 03rd, 2013 at 9:36 PM
The first fact question is what made you fall? Why did you fall? Was there a defect in the premises or in the service provided? After that question is answered a lawyer can decide if there is a valid cause of action. Until those facts are known no one can answer this question.
Answered on Jul 03rd, 2013 at 9:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't get money because you happen to be in my office. You get money when you prove you were injured because of the negligence of a third party.
Answered on Jul 03rd, 2013 at 9:35 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Recovery for a slip and fall or trip and fall in Louisiana is very difficult. Each situation is different and a full factual analysis must be done to ascertain the probability of recovery in your situation.
Answered on Jul 03rd, 2013 at 1:42 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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If there was a hazard that caused your fall, you have a claim. If you simply lost your balance or caused your own fall, you probably do not have a claim worth pursuing. Go see an attorney.
Answered on Jul 03rd, 2013 at 12:54 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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You do not state how and why it was that you fell at the office. If your fall was caused by the negligence of the clinic, they should have liability insurance that would cover the damages they caused. If your fall was not caused by the negligence of the clinic and/or a defective dangerous condition on the premises, you would have no recourse against the clinic and/or the owner of the property.
Answered on Jul 03rd, 2013 at 11:59 AM
James Eugene Hasser
The question is why you fell. Just because you are hurt on someone's property does not necessarily make them liable to you. You have to prove they did something wrong. For instance, did they allow you to get up too soon unassisted after anesthesia?
Answered on Jul 03rd, 2013 at 11:57 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It all depends on how the accident occurred. A business is not liable just because a customer falls and injures him/herself on business property. Rather, the customer has to be able to show that the business was negligent in some way and the negligence caused the accident. Usually, this involves presenting evidence that a dangerous condition existed that cause the accident, that the employees caused or knew about the condition and did nothing to fix it or warn customers.
Answered on Jul 03rd, 2013 at 10:03 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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You might have a case if you can demonstrate that you fell as a result of the negligence of the dentist. That is, was there some dangerous condition on the floor that caused you to fall?
Answered on Jul 03rd, 2013 at 9:52 AM
Michael Eric Wasserman
If the cause of your fall was due to the fault of the dentist or his staff, you may have a claim. The facts that you describe do not state the cause of the fall. With a broken jaw you would have sufficient damages to contact an attorney to investigate a potential claim. The dentist probably has an office insurance policy, general liability, that would have a med-pay provision that could cover a portion of your medical/dental expenses.
Answered on Jul 03rd, 2013 at 9:33 AM