Slip And Fall Legal Questions

If comp declined as not in scope of work, you will either need to hire a comp lawyer to challege this under the "coming and going" rule or if its truly not comp claim, then you may have general negligence claim against employer like any ordinary slip and fall case. You should consult a lawyer diectly about this  orcall our ofice at 1-800-922-6442.... Read More

Whether you can sue depends on the reason for your fall. If it was ice, you can probably make a claim against the owner of the property and the entity that clears the parking lot.  You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

You can sue them in civil court; obviously you'd need a lawyer to handle it for you. Depending upon your injuries, as well as some pertinent facts related to the soapy floor, you may be able to recover some money for your injuries. It's not a "rain maker," of a case, because slip and fall cases are generally pretty tough cases. But, if the facts are in your favor you may be able to win a settlement.... Read More

If you were injured, be very careful about speaking to the restaurants insurance adjuster. They are specially trained to get information from you that may not accurately reflect what happened or your injuries. If you have not already done so,  I very strongly recommend you first consult a qualified personal injury lawyer do discuss what happened and your injuries. There is much more to this than I can even  say in this short reply. Also, when hiring a lawyer try to avoid the mass advertising, high volume "TV" lawyers, or anyone who illegally solicits your case. Hope all goes well for you.... Read More

This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered.  When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability.  And if you were immediately treated by EMT personnel or your personal physician, then it is easier to prove an injury from the accident. As for your injuries, if your pain and injuries resolve in  a few days, then it probably is not in your best interest to pursue a claim - you will spend more on the litigation than you could reasonable hope to gain. But if you have an orthopedic injury (broken bones) or a significant soft tissue injury, then a lawsuit may be your only option for gaining compensation for your damages. For an overview of Colorado premises liability law, please visit our webpage Premises Liability.  If you have further questions after reading the webpage, please call our office during business hours to speak to an attorney during a free initial consultation. Please keep in mind that there is a two year statute of limitations for premises liability claims in Colorado, you must bring suit within two years of the accident or lose your right to do so.  Other time limitations may apply.  I hope you enjoy a full recovery, but if you do not we would welcome an opportunity to discuss your matter.... Read More

Stores are not striclty liable to all persons who are injured on their propwrty.  However, if you can legally demonstrate your right to be on the property and that the store failed in any way to provide a safe environment for you while you were on the property, then you would have a potential claim.  For example, the store will not be liable if you simply tripped over your own feet or an untied shoe lace,  but if you can demonstrate that the store failed to sweep the floor of debris of which you tripped over, over-waxed the floor or failed to clean up a slippery substance in a timely manner then in those instances (and other similar ones) you would have a viable claim.    ... Read More

You may have a case. We'd be happy to review it with you. Slip/fall cases are determined by three things- 1) was what caused you to fall the fault of the store or could they have known and fixed it; 2) did it cause injury and 3) what is the value of those injuries and the pain, suffering and inconvenience they cause you worth? Please check out our website to learn more about us- http://www.knowthelawyer.com John Phillips 800/656/6952 JMP@knowthelawyer.com ... Read More

You can fire your lawyer any time you like. The lawyer does not own the case, you do.  You can hire any lawyer you want at any time.  With that said, here are some considerations for you. First, because your lawyer obtained an offer, he or she may be entitled to their 1/3 fee based on a $25,000 offer, even after you fire them and a new lawyer settles the case. Absent a claim for their 1/3 fee, your lawyer may have a claim for the time spent and costs paid on your case, and as such your old lawyer may get a significant fee and cost award even if you fire him or her. Third a new lawyer may be hesitant to take the case since your former lawyer will have a claim for fees and costs, making the case less valuable to the new lawyer. Fourth if a lawsuit has been filed, your old lawyer cannot simply quit representing you, and must obtain court permission to withdraw from the case. If a suit has been filed a new lawyer may be hesitant to take on the case that is already in litigation. With regard to the amount of settlement, $25,000 is not a bad offer for your type of injury. Cases of this nature can settle for more or less depending on the permanency of the injury, and how strong a case you have for liability. In your case liability may not be clear. You stepped in a hole, which may have been open and obvious and creates a risk if you refuse the offer and go to trial.  In the event you don't win, you could end up owing the other attorney fees. Many times a low offer indicates that the insurance company believes they could win on liability at trial.... Read More

While the events may be related, the standards for care between the nail and the hole are arguably different under Nevada law.  To prevail on a traditional negligence theory, a plaintiff must demonstrate that "(1) the defendant owed the plaintiff a duty of care, (2) the defendant breached that duty, (3) the breach was the legal cause of the plaintiff’s injuries, and (4) the plaintiff suffered damages." DeBoer v. Sr. Bridges of Sparks Fam. Hosp., 282 P.3d 727,732 (2012).  The Nevada Supreme Court has held that a landowner should anticipate, and is liable for failing to remedy, the risk of harm from obvious hazards when an invitee could be distracted from observing or avoiding the dangerous condition, or may forget what he or she has discovered, and the landowner has reason to expect that the invitee will nevertheless suffer physical harm.  Traditionally, where the object causing a slip and fall results from “the actions of persons other than the business or its employees, liability will lie only if the business had actual or constructive notice of the condition and failed to remedy it.”  The presence of a nail in a vacant/vacated lot does not seem out of the ordinary. As to the hole, Nevada law generally imposes the general duty on property owners as set forth above.  There is an exception under NRS 455.010, which requires the erection of fence or other safeguard around excavation, hole or shaft.  "Any person. . . who shall dig, sink or excavate. . . or being the owner. . . of any shaft, excavation or hole. . . shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to guard securely against danger to persons and animals from falling into such shafts or excavations."  Failure to abide by this statute is negligence per se  if the injured party belongs to the class of persons whom the statute was intended to protect, and the injury suffered is of the type the statute was intended to prevent. Atkinson v. MGM Grand Hotel, Inc., 120 Nev. 639, 640 (2004).  NRS 455.010 applies to all holes, permanent or temporary, and regardless of whether the person is a trespasser.  Ross v. Carson Construction, 106 Nev. 885, 887 (1990).... Read More

You may have a civil claim for damages, if your child was injured based on not having the protection.  It is always difficily to sue government controlled entities, but lawyers can and do and this sounds like negligent supervision. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law. ... Read More

The answer to this question is going to depend on the location of the sidewalk and the ownership of the property on which the sidewalk is located.  In many areas, the sidewalk is actually located on your property, and the town in which you live has an easement over that part of your property.  This makes the sidewalk your responsibility to maintain and can make it your responsibility if someone falls on the sidewalk.  You might start with a survey of your property to see the location of the sidewalk, and also talk to the zoning department of the town in which you live.  ... Read More

While you may have a claim against the bar (not directly against the insurance at this time), failure to provide security claims can be difficult. The Nevada Legislature enacted NRS 651.015 to “codify what was the old law with respect” to duty by innkeepers. In doing so, the Legislature set forth a general limitation precluding the imposition of civil liability on an innkeeper unless the death or injury of a patron was caused by the foreseeable wrongful act of a third party (duty), and there is a preponderance of evidence to show a failure to exercise due care. NRS 651.015(1). The preliminary inquiry in any case involving innkeeper liability is whether “[t]he wrongful act which caused the death or injury was foreseeable,” and thus, whether a duty of care was owed to the plaintiff. NRS 651.015(2)(a). The determination of foreseeability as it relates to an innkeeper's duty of care to a patron must be made by the district court as a matter of law. In determining whether a wrongful act is “foreseeable” and gives rise to a duty, a wrongful act is not “foreseeable” unless: (a) owner failed to exercise due care for the safety of the patron or other person on the premises; or (b) prior incidents of similar wrongful acts occurred on the premises and the owner had notice or knowledge of those incidents. NRS 651.015(3). "Although an innkeeper cannot guarantee the safety of guests, the Legislature recognized that certain minimum precautions are necessary and concluded that a judge should be given broad leeway in evaluating foreseeability on a case-by-case basis. Id. As a result, the Legislature added the phrase 'the owner or keeper failed to exercise due care for the safety of the patron or other person on the premises' to the definition of 'foreseeable,' which ensured that a duty could be imposed 'regardless of whether or not there had been prior [similar] incidents” of wrongful conduct.'" Estate of Smith v. Mahoney's Silver Nugget, 127 Nev., Adv. Op. 76, at p. 5 (2011). NRS 651.015(3) therefore allows a judge to evaluate evidence of “[p]rior incidents of similar wrongful acts” or any other circumstances related to the exercise of “due care” when imposing a duty, and to examine the “totality of the circumstances” beyond the existence of “similar wrongful acts” in determining the existence of a duty. Id.... Read More

I am so sorry to hear about your fall. I practice personal injury law in Decatur and have handled many similar cases. First, you need to make sure that you get the medical attention you need and follow your doctor¿s treatment plan. If you do not have medical insurance, an attorney may be able to help you see a doctor anyway. For example, I have relationships with several local doctors and have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial. Many of my clients have received medical treatment this way. Falls can result in complicated and costly injuries, so getting prompt medical attention should be the most important priority. Second, you should talk to an attorney about a possible claim against the hospital. Any good personal injury attorney will be willing to have an initial meeting with you ¿ for free. The hospital is responsible for maintaining its property in a way that is safe for visitors. If you suffered an injury as a result of the hospital¿s failure to maintain its property in a safe way, then they are negligent and are legally responsible for compensating you for your medical bills. You may also have claims for pain and suffering or lost wages if the injury has kept you out of work, or both. In the meantime, please do not speak with anyone from the hospital, in person or over the phone, without your attorney present. Oftentimes property owners, including hospitals, will employ professional claims adjusters who are trained to minimize injured parties damages and attempt to get parties to admit their own negligence. I wish you the best of luck.     ¿ Show quoted text ... Read More

I am so sorry to hear about your fall. I practice personal injury law in Decatur and have handled many similar cases. First, you need to make sure that you get the medical attention you need and follow your doctor¿s treatment plan. If you do not have medical insurance, an attorney may be able to help you see a doctor anyway. For example, I have relationships with several local doctors and have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial. Many of my clients have received medical treatment this way. Falls can result in complicated and costly injuries, so getting prompt medical attention should be the most important priority. Second, you should talk to an attorney about a possible claim against the hospital. Any good personal injury attorney will be willing to have an initial meeting with you ¿ for free. The hospital is responsible for maintaining its property in a way that is safe for visitors. If you suffered an injury as a result of the hospital¿s failure to maintain its property in a safe way, then they are negligent and are legally responsible for compensating you for your medical bills. You may also have claims for pain and suffering or lost wages if the injury has kept you out of work, or both. In the meantime, please do not speak with anyone from the hospital, in person or over the phone, without your attorney present. Oftentimes property owners, including hospitals, will employ professional claims adjusters who are trained to minimize injured parties damages and attempt to get parties to admit their own negligence. I wish you the best of luck.     ¿ Show quoted text ... Read More

If you were injured on a commercial property as a result of sprinklers being on, you may have a claim for injury.  The fact that you wee intoxicated will work against you as the defense will claim you fell due to being intoxicated and not due to the wet pavement. It would cost you nothing to hire a personal injury lawyer to at least look into this matter.... Read More