Slip And Fall Legal Questions

There are several steps you can take right now, but the first step should be to retain a personal injury lawyer. Here are a couple more things you should do. (1) preserve the shoes you were wearing in a plastic bag and to not wear them any more. They will be evidence in your case.  (2) write to the store manager and ask them to preserve as evidence any video surveillance tape or file showing you falling on their property (3) go back and take photographs of the location of your fall (4) seek medical treatment for your injury (5) take photos of your injury, bruises, cuts, etc (6) do not give any statements to anyone until you have spoken with a lawyer. Call me for a free consultation 727-321-0099 I have handled similar cases.... Read More

A possessor of land is subject to liability for physical harm caused to licensees by a condition on the land if, but only if, (a) the possessor knows or has reason to know of the condition and should realize that it involves an unreasonable risk of harm to such licensees, and should expect that they will not discover or realize the danger, and (b) he fails to exercise reasonable care to make the condition safe, or to warn the licensees of the condition and the risk involved, and (c) the licensees do not know or have reason to know of the condition and the risk involved.Memel v. Reimer, 85 Wn.2d 685, 538 P.2d 517, 1975 Wash. LEXIS 918 (Wash. 1975) An insurance company only has to cover a claim is the homeowner is liable. I suggest you speak with an attorney in order to determine whether or not there are facts that might lead to liability. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... 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 the accident victim is immediately treated by emergency room personnel or personal physician, then it is easier to prove an injury from the accident. Given your description of the stairway, the landlord and property manager may be liable because of the lack of adequate lighting - proper lighting is a basic safety feature that all public stairways should provide.  The time of year has no bearing on whether lighting is needed. You describe significant injuries which probably justify considering a lawsuit.  In Colorado, you must bring your premises liability claim within two years of the accident. For more information on premises liability 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.  ... Read More

You could probably find an attorney to open a file and investigate a claim, but it is a tough case because the school is probably entitled to some immunities under the Tort Claims Act. Also, note that you have ninety days to file a notice of claim, so if you are going to pursue a case, you should contact a personal injury attorney as soon as possible.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. 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

In Florida a premises owner can be liable for a dangerous condition that they knew about.  The law has recently changed in favor of business owners and now an injured person must prove that the business had actual knowledge of the dangerous (slippery floor) condition.  In order to make a claim you need to have taken several steps, for example (1) preserve the evidence, take photos of the floor and the substance making it slippery (2) get names of witnesses (3) make a report to the business and obtain a copy of the report (4) preserve your shoes that you were wearing at the time and do not continue to wear them (5) send a letter to the business asking them to preserve as evidence any video surveillance tapes and to give you a copy (6) get medial attention and document your injuries. Then have a lawyer make a demand to the insurance carrier for the business. There is no guarantee that you will obtain compensation but the above is a logical and reasonable way to approach the problem.... Read More

This answer in no way creates and attorney/client relationship.  The rules of evidence do not allow subsequent remedial measures to be used as evidence in most cases, as public policy would favor improvement of situations.  You may still have a case, however, if your lawyer can show that the poor lighting was the legal cause of your wifes medical bills.  I am both a S.C. board certified internist and attorney. Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read More

Hi Steve, The workers' compensation insurer will always work hard to terminate your workers' compensation benefits.  That almost always includes sending you to a doctor employed by the insurance company to examine you and evaluate your injuries.   You have up to 3 years of benefits paying you 60% of your average weekly wage (temporary, totally disabled benefits under s.34 of MGL c.152) and up to 4 years of benefits paying you 45% of your average weekly wage (partial disability under s.35 of MGL c.152).  During that time period, the insurer may terminate your benefits, as in your case.  During a certain time period (the pay without prejudice period), they may terminate your benefits without a judge's approval, if they have supporting evidence of a work capacity.  After the pay without prejudice period, they may only terminate your benefits with a judge's approval.  This is typically after a conference or a hearing where evidence is presented by the insurer and the employee.  It is good that you have a physician opining that you are currently disabled, but the insurer probably has an opinion stating the opposite.  The next step would be to file a claim with the Massachusetts Department of Industrial Accidents and work to get you back on workers' compensation benefits. The law is very complicated, and I only touched upon the many issues involved in a workers' compensation case.  A competent attorney is needed to evaluate your claim and further discuss your options.  Please call my office. John Pomykato (617) 423-0001 pomykatolaw.com... Read More

Call a personal injury lawyer. You need to document this claim and they can help. Also, seek medical treatment. The owner may or may not be liable depending on the circumstances, but you must start ASAP. We are happy to give specific advice via phone or email. John jmp@knowthelawyer.com 800-656-6952 ... Read More

There's no time limit on making a claim with the store, so long as you file a lawsuit within three years of the date of your fall. That being said, in order for your recover under the stores liability insurance it will be necessary for you to not only show that you were injured as a result of your fall, but that the store was negligent in causing your fall. Merely being injured at the store not enough. Also, if you haven't had any medical treatment for your injuries, the delay in diagnosing your injuries is going to be an issue. It is possible that the store where you were injured may have a special type of insurance coverage. It is called premises medical payments coverage. It pays for your medical bills up to the policy limits of whether or not you or the store are negligent.  The only way to determine whether this coverage exists is to file a claim. Good Luck!... Read More

You should talk with a Florida personal injury lawyer. We'd be happy to talk to you about all of this. There are doctors who will treat you while all of this gets worked out. The most important thing is to get well and document your injury. Slip and fall cases are tough as they are highly defended. fault depends on what caused the fall. Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. For that reason - and the misinformation and "fast food" lack of service by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. My clients and potential clients are always free to email me- jmp@knowthelawyer.com. Our number is 800-6-know-law. ... Read More

Do you pictures of the sidewalk? Where was the sidewalk? For example, was it in front of a private house or apartment  building? How big was the crack? What were  the weather conditions?  Have you lost any time from work? What is the prognosis? Is there going to be any permanent damage?... Read More

Slip and fall cases are some of the most difficult cases that we handle. Not only are you required to show negligence on the part of the landowner or operator, you are also subject to the affirmative defense of contributory negligence. In North Carolina if you are any degree of fault in bringing about your own injuries or damages you could be barred from recovery completely. In cases such as yours where the defect may be open and obvious, you are charged with the duty to "see what ought to be seen". Failure to do so would be negligence on your part.   All this being said cases such as yours are very fact specific and do not lend themselves to a quick answer on whether or not the landowner is or is not liable. I would recommend you speak with a qualified personal injury attorney to discuss this matter in greater detail. The stature limitations in North Carolina in a slip and fall case is three years from the date of the injury.... Read More

It really depends on the age of your child.  Under Ohio law, a child under the age of 7 cannot be negligent.  I believe age 7 to 14, there is a rebuttable presumption that they are not negligent, but this can be overcome.  Older than 14 and the child is treated just like an adult for personal injury purposes. Regarding trampolines, these are a recreational activity and they are considered inherently dangerous.  This means that a reasonable person knows of the dangerous nature in participating in jumping on a trampoline, appreciates those dangers, and is aware of the the types of injuries that one can incur from participating.  If a person is aware of the dangerous propensities of the activity, and decides to participate anyways, then they have assumed the risk of being injured while participating in that activity.  This is where the age of the child comes into factor. If the child is under 7 years old, the law says that he/she cannot be aware of the dangerous nature of the activity, cannot appreciate the fact that they can be injured, and therefore is not responsible for their own injuries if he/she is injured while participating in the activity. If the child is 7-14 years old, the law presumes that he/she cannot be aware of the dangerous nature of the activity, cannot appreciate the fact that they can be injured, and therefore is not responsible for their own injuries if he/she is injured while participating in the activity.  However, if the property owner can prove that the child is aware of the dangerous nature, and does appreciate the fact that he/she can be injured, then they can overcome the presumption that the child was not negligent in injuring him/herself.  If they overcome that presumption, then the property owner is not responsible for the child's injuries. If the child is older than 14 years old, then I do not believe that you have any claim against the property owner, as a child older than 14 is treated as if he was aware of the dangerous nature, and did appreciate that he could be injured.  This is true even if the child did not actually know of the dangers or appreciate that he could be injured. In short, it really depends on the age of the child.  Less than 14 years old, there is a chance the property owner could be held responsible.  Older than 14 years old, and I believe that you have no claim against the property owner. Best of luck to you.... Read More

From what you've described, if you were working, you might have a Workers' Compensation claim.  Workers' compensation will often take care of your related medical bills and provide you with wage loss while you are off work from a work injury (if you are off long enough). Make sure to get the medical treatment you need.  I also recommend speaking with a local workers' compensation attorney as soon as possible, as it's an extremely complex area of the law.  Whereabouts in Pennsylvania do you live?... Read More

If you do not file the claim within timely manner, then will be out of luck even if later change your mind. On the other hand, if you do file a claim and later decide not to proceed with it, you can always withdraw it. In other words, file the claim.  It would be a good idea to retain a lawyer who will accept the case on a contingency before you file the claim. This way the lawyer will have input on the preparation of the claim application. Received your call. Tried calling back. Left message. Did you take any photographs of the location where she fell? Can you describe the rug? For example, its size, material and whether it was attached to the  ground?    ... Read More

I am sorry you are going through all this.  First, if your Slip and Fall was caused by negligence, the at-fault person/business will be responsible for complications from your treatment, even if the complication was from malpractice (assuming it is a business, or residence with insurance coverage). Making the malpractice part of your negligence case can be a much easier route then bringing a malpractice claim, since they are very hard to prove. This would need to be determined by a lawyer with much more detail on the facts.   Next, it is hard to say if you have a medical malpractice case without much more information. Cemented hip replacement procedures are very common, particularly with elderly and less active patients. One use of cementing is to attach the prosthetic to your healthy bone  and typically has very good results; but certainly there can be poor technique and other facts causing it to fail.   For a qualified lawyer to even begin to comment on malpractice, you really need to meet with him/her and go over all the details. The lawyer will likely want you to bring in as much of the medical records as possible, regarding the surgery. If you have not seen a lawyer for the slip and fall aspect and you feel there was negligence causing the fall, that should be discussed as well. Good luck.   This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and  there may be more to the issues you raised then I have set out in my brief reply... Read More

The owner and operator are legally responsible for injuries caused by a dangerous condition they created themselves, or a condition which they knew, or should have known of and failed to make it safe (as well as provide adequate warning to people on the property).   In your situation, it will have to be shown the lighting was so low, it created an unreasonably dangerous condition. For this reason it is important to immediately retain a qualified lawyer for purposes of inspecting/photographing the area. Based on the lawyer's experience, or with the help of an expert, they will determine if the lighting made descending the stairs unreasonably hazardous. I recommend you (or a family member if you are to injured) immediately take many pictures of the entire area, even before seeing a lawyer; in case they change the condition as a result of your fall.  Examples of typical inadequate lighting cases: Someone is at a very dark restaurant and has no reason to know the tables are on an elevated platform; or someone could not see that the carpet was raised because it was too dark to see the floor.  there are many excellent personal injury lawyers who can help you. However, be careful to avoid the mass advertising TV type lawyers, who based on their huge volume of cases are unlikely conduct a thorough investigation of the incident. Good luck.... Read More