QUESTION

What do I do if I slipped and fall outside a restaurant and got injured?

Asked on Feb 13th, 2014 on Personal Injury - Missouri
More details to this question:
I slipped on snow/ice, fell and hit my head. I was transported to the ER via ambulance. I have a concussion, staples, neck and back pain. Not sure what to do?
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9 ANSWERS

Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answered on Feb 24th, 2014 at 7:06 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Without providing more information, I would advise you to go speak with a good personal injury attorney. The consultation would be free, and if he or she believes it's a case, then you would be in better hands than trying to do it yourself. I found your question a little bit humorous, due to the fact this is a FLORIDA personal injury website. We don't get much ice in Florida....you must live in the panhandle.
Answered on Feb 18th, 2014 at 10:44 PM

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Admiralty and Maritime Law Attorney serving Gulf Breeze, FL at Law Offices of John W. Merting, P.A.
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Contact an attorney with substantial experience successfully handling slip and fall cases. One initial question is who owned and/or was responsible for maintenance of the sidewalks. Did the restaurant clean them previously?
Answered on Feb 18th, 2014 at 10:44 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Not enough info here. get you a good PI lawyer and share all the facts with him. falling does not mean anything. you have to prove you fell because someone else was negligent and you were not.
Answered on Feb 18th, 2014 at 10:41 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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What you should do is to contact an experienced personal injury lawyer in your area. You will then be able to go over the event in detail and the attorney will be able to take action on your behalf, if merited. Otherwise there are too many factors and elements to be discussed adequately in this forum. Consultations are free and there is no fee unless you collect.
Answered on Feb 18th, 2014 at 10:40 PM

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Personal Injury Attorney serving Indian Wells, CA at Barry Regar A Professional Law Corporation
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If your fall occurred on a public sidewalk and you believe that the reason for the fall was some negligent action or inaction of a public entity, such as a city then you must first file a government claim against the public entity within 6 months of the date of the accident before you will be permitted to later file a lawsuit against the public entity for a dangerous condition of public property. The claims process is a mandatory requirement for any lawsuits against a government entity. You would have to prove that the existence of the ice was a dangerous condition that was allowed to exist for an unreasonable amount of time without being removed by the government entity. The ice was a natural condition so the theory against the government entity may require you to prove that the entity had a duty to remove the ice at regular intervals. Of course if the fall occurred on private property you will also have to prove negligence by the owner of the property. You must file a lawsuit against a non-government private property owner within two years of your accident in order to preserve your legal rights. You can claim damages for pain and suffering, loss of income, medical bills, and any future pain and or disability. You can also claim future loss of income or the need for future medical treatment if the facts support those claims. I suggest you contact an experienced personal injury lawyer to give you the advice you need.
Answered on Feb 18th, 2014 at 10:40 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to talk with a local personal injury attorney. One big issue will be whether the snow and ice could have been removed or was it a normal hazard of winter.
Answered on Feb 18th, 2014 at 2:21 PM

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James Eugene Hasser
If you can show the ice was not open and obvious and the restaurant knew or should have known it was there, then they may be liable. If you can't show that, they may have a premises liability policy that has a med pay provision that will pay your medical bills only.
Answered on Feb 18th, 2014 at 2:19 PM

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Personal Injury Attorney serving St. Louis, MO at The S.E. Farris Law Firm
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Contact an attorney. Fall cases in Missouri are always contested. Depending on the conditions outside and what the owner of the restaurant did to clear the ice, you may not have a case at all. A qualified attorney can advise you.
Answered on Feb 18th, 2014 at 2:18 PM

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