Slip And Fall Legal Questions

Yes you can still sue.  Whether it is worthwhile will depend on his injury and the long lasting effect.  You should speak to an attorney to have your case analyzed. I have an associate who is probably the best slip and fall attorney in Michigan, who I can set you up with, or you can find a different attorney on your own.... Read More

I would recommend you consult with a personal injury lawyer in your state that handles work comp and/or slip and fall cases. If you were on the job, you might be limited to work comp. However, if there was negligence on the part of a third party that created an unnatural accumulation of ice, you could possibly have a case. Laws vary greatly by state for premises liability, so it would be best to consult with a lawyer in your area. Disclaimer: This response is for general informational purposes only and does not create an attorney–client relationship. You should consult with a licensed attorney about your specific situation.... Read More

Sorry to hear what happened to your case. I've never heard of having a client sign a waiver of conflict in the context of an appeal. You should certainly ask the lawyer to the identify and explain the conflict they are asking you to waive. Also make sure that they are not asking you to release them from any negligence / malpractice on their part which have contributed to the dismissal of your case. Unfortunately, given the posture of your case, you will not likely find an attorney willing to pursue your appeal on a contingency fee basis. Unless you are willing to pay an appellate attorney out-of-pocket, your only option might be sticking with your current lawyer. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

So if you want to discover whether the property owner has liability insurance, you would have to file a lawsuit and get that through the discovery process. A property owner is under no legal duty to disclose whether they have insurance or not even if a lawyer writes them a demand letter. You should reach out to one of us on this website to discuss your case privately.   ... Read More

Sorry to hear what happened to your daughter. Unfortunately, slipping and falling is arguably an inherent risk of dancing (even with shoes). Absent any evidence that the organizer of the dance class did anything to increase that risk, or evidence that there was something on the floor which caused her to slip, a lawsuit would not likely be successful. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Maybe - maybe not. While you view that you gave prior notice, the facts suggest that you pointed out specific tree and they removed the trees you pointed out. Unless you also pointed out that specific tree, it might show that neither you nor they were aware of any poor condition of the tree at issue. You would need a written opinion from a qualified arborist to take the position that they knew of the condition of the specific tree that fell and were negligent. The fact that a tree falls over in a hurricane is typically and "act of God" for no one is responsible. You might be better off making a homeowners insurance claim. ... Read More

Yes, but the damages are questionable, as ice would not likely "burn your skin" or affect your throat and is not likely worth the effort. This also raises potentially controversial issues such as why you would "fall asleep" in a restaurant booth where pouring water on you did nothing to wake you. You can contact law enforcement if you like as this may about to a legal battery and there might be security video of the event. ... Read More

NO way to tell from a one-sided internet blurb. You will likely need to retain a lawyer to review the specific details, including the allegations of the employer or complainant. That said, that "someone asked how you knew" about some medical event with an employee, suggests that you  were discussing what may have been protected information with someone else. Use the find a lawyer feature to locate a suitable lawyer in your area for that purpose. ... Read More

The success of your case depends on the 1) negligence of the store and 2) the extent of your damages. There is no strict liability. You have the burden to prove that there was a dangerous condition at the store premises that caused your damages. Further that the store knew or should have known about the dangerous condition but did not take measures to remove the risk to its customers. ... Read More

Ms. Austin, sorry to hear what happened to you.  The short answer is yes, you could sue the grocery store if its employee accidentally / negligently struck you in the face with a door.  If you haven't already, you should seek appropriate medical treatment to determine whether your nose is broken and take photogarphs of the bleeding / bruising.  That said, if your nose is not broken, the time and expense of a lawsuit would likely not be justified.  If you need to find an attorney, you can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and Justia. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Under the rules of discovery in New York, defense counsel is entitled to obtain copies of your medical records directly from your health care providers.  A health care provider can only release your medical records, however, with a duly-executed, HIPAA-compliant authorization.  Hence the releases your attorney is having you sign the release.  It's par for the course in personal injury litigation. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Sorry to hear what happened to you.  If you fell at a resort in Jamaica, you need to speak with an attorney who is licensed to practice law in Jamaica, not the United States.  Try running a Google search and see what you come up with.  Keep in mind that in a slip and fall cases, you'll likely need to demonstrate that the resort either knew about the condition that caused you to slip or, in the exercise of reasonable care, should have known about the condition, and failed to clean it up. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More

Sorry to hear what happened to you.  Generally speaking, you cannot sue your employer for negligence.  Unless you suffered a "grave injury" within the meaning of the law, workers' compensation is your sole and exclusive remedy.  Moreover, the statute of limitations on any such lawsuit (one year and 90 days from the date of occurrence) expired a long time ago. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC ... Read More

A landlord has a duty to make all common areas on the premises, like stairways, safe for guests. You would have to prove that there was a dangerous condition that the landlord knew or should've known about, and failed to correct. In order to prove that, you should return to the property at the same time of day that you fell, and take plenty of pictures, which hopefully would establish to wit: that there was a dangerous condition that was either latent or hidden or both. ... Read More

In a personal injury case on someone else's property, liability hinges on premises liability principles. Factors include the owner's duty of care, knowledge of hazards, foreseeability of harm, causation, warnings, and compliance with regulations. The specifics vary by jurisdiction, and legal advice based on the case details is recommended.... Read More