Should I pursue a slip and fall case?

Question

The sidewalk and steps outside my job had been painted and when it rains they are slippery. I slipped from the top step and my posterior is swollen on one side (looks like I have a softball attached) and it's black and blue. I had x-rays and nothing is broken but I am still in pain 3 days later. Do I have a case? How much is too much to ask for?

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Robert Lucky · Answer

I am only licensed to provide legal advice in the states of Louisiana and Mississippi. As I am not sure in what state you are located or the place where the injury and alleged negligence occurred, I am not fully able to provide you with much advice at this time.   Without knowing more information, I cannot adequately address your question.

Bernard Huff · Answer

It appears that you do have a claim in which you should be compensated for your injuries and reimbursed for your medical expenses.

Herbert Farber · Answer

First of all, if you are suffering from severe pain several days after the accident, you should seek additional medical treatment. Make sure you get all the treatment you need. It is not uncommon for someone to be involved in an accident and return to the doctor with pain and the physician find that there is a serious injury not detected by the ER doctor like fractured ribs.  If your injury is serious, you should consult a personal injury attorney with experience representing workplace injuries and slip, trip & fall cases.

Joseph Lipsky · Answer

Having handled numerous improperly painted walkway area cases, it is imperative that you immediately photograph the location of your fall before any changes are made to the painted location.  It is also advisable that you consult with an experienced personal injury attorney who may be able to ascertain whether the paint used had the proper coefficient of friction.

Jared Altman · Answer

You may have a case but I dont think that your injuries are severe enough to merit the cost and investment of time and effort to prosecute the claim to a worthwhile conclusion. Youll probably need an expert engineer to do friction tests. Your case doesnt sound like its worth it.

Josh Lamborn · Answer

Slip and fall cases are always difficult.  It will depend on the surface and how slick it is.  There are experts who can test the surface to tell how slick and dangerous a surface is.  It would also be important to know if the company knew that the stairs were a hazard.  One thing that might also affect your case is whether you were injured while you were actually working.  If so you may be eligible for worker's compensation coverage.  If you are eligible for worker's comp you would not be able to sue your employer. I would suggest that you visit with a personal injury attorney. Most will consult with you in person free of charge.

Steven Fink · Answer

While there may be liability, fortunately for you the damages appear to be minimal.  A few days of pain, while annoying, is not worth pursuing damages.

Thomas Patton · Answer

You probably do have a claim, but it may be a workers comp claim. Whether you have a choice of avenues for your claim depends upon whether the paint work on the step was done by an outside contractor. The value of your claim depends upon how long it takes for you to heal get back to normal. If it's just a bruise and heals fairly quickly, start with a demand for $1,500 and negotiate from there. Good luck!

Jeffrey Wittenbrink · Answer

You may have a workmens' compensation claim, because your injury happened on the job.  There would not be a personal injury claim, unless the owner of the property is someone other than your employer, and only if they have retained liability under the lease with your employer (doubtful.)

Lyle Masnikoff · Answer

You have a workers compensation case and possibility a personal injury case. You should contact a workers comp attorney and PI attorney.

James Kelaher · Answer

If they painted the steps/stairs without putting any grit of any kind in the paint, they should expect people to slip and fall when it's wet. It's not going to hurt to contact a personal injury lawyer, as they usually don't charge unless they can get a recovery for you.

Mark Leonardo · Answer

Take photos right away to depict the softball size swelling.  Most PI cases are a function of injuries and medical expenses.  If you had no lasting injuries and the x-rays were negative, the insurance company will not give you very much.  You also have the issue of proving liability which is often difficult for slip and fall cases.  You should be able to recover your medical expenses (even if covered by health insurance).  Submit copies of the photos and the medical bills and ask for double or triple the amount of the medical bills as your starting point for negotiations.

Russell West · Answer

Slip and Falls are difficult cases as liability is not clear cut.  Concrete surfaces can get slick when wet just like when snow and ice get on walkways. It may be difficult to prove liability on the property owner and that you did not use enough caution while walking.  However if there is premise liability insurance carried by the owner then they may pay for medical bills regardless of fault but may not pay any additional for pain and suffering. If you did not sustain any serious injury and just bruising that will heal in a week or so you don't have much of a case other than medical bills.

David Stoddard · Answer

If you were on the job, it is a workers compensation claim against your employer, regardless of liability.  If the painters were negligent (you do not give me enough facts to tell) you may have a suit against them.  It is too early to tell what to ask for.   In workers comp, your employer should pay your medical bills.  In both workers comp, or a suit against the painters, if your injuries resolve with no permanent injury, your case isn't worth much.  Fi you have a permanent injury, it may be worth something.  How much is dependent on how the permanent injury affects your life.

Russell Gray · Answer

You might have a case for negligence.  However, if you were on the job you will have to bring a workers compensation case.  Talk to an attorney who can help you decide which type of case to bring.

Scott Anderson · Answer

Whether or not you may recover any amount for your damages depends on whether or not the premises owner was negligent and violated a duty they had to you. You should contact an attorney to discuss your state's laws.

William Allen · Answer

I would not touch your case personally.  It's not a great case. Maybe some hungry lawyer would take it, but most would not.  Injuries and liability would preclude me taking it.

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