Slip And Fall Legal Questions

Its going to depend on the terms and conditions of your lease.  If the landlord warranted to you that they would keep the exterior of the property free from snow, and they didn't, or didn't do so within a reasonable amount of time, then you might have a cause of action against the landlord.  It is also going to depend on whether or not you were injured.  Simply falling, and getting a bruise or scrape doesn't mean the landlord has to compensate you.  If you were injured and could not work, and had medical bills that weren't paid, or missed work, then you ave a compensable injury.  check your lease and find out what the landlord's responsibilities are.  ... Read More

Premises liability claims are a difficult area.  In Nevada, a proprietor owes an invitee a duty to use reasonable care to keep the premises in a reasonably safe condition for use. Elko Enterprises v. Broyles, 105 Nev. 562, 565, 779 P.2d 961, 964 (1989).   Merely because there is a slip on the property does not prove negligence by the property owner or that any such negligence caused the slip and fall; the triers of fact must weigh whether the property owner was negligent in having the parking stop versus the open and obvious nature of the parking stop.  The Nevada Supreme Court has recently refined the standard for premises liability in Nevada in Foster v. Costco, 291 P.3d 150 (December 27, 2012).  The new standard is based on the general duty of reasonable care: a land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties are applicable.  Landowners bear a general duty of reasonable care to all entrants, regardless of the open and obvious nature of dangerous conditions.   While the open and obvious nature of the conditions does not automatically preclude liability, it is part of assessing whether reasonable care was employed by the Owner. ... Read More

Generally speaking, Ohio law defines natural accumulations of ice and snow as open and obvious dangers.  What this means is that natural accumulations are dangerous, and that a reasonable person knows this and would take the necessary steps to avoid or protect themselves from the danger. In Ohio, the law does not require a property owner (including landlords) to keep his property free and clear of natural accumulations of snow and ice, since they are open and obvious danger.  This means that they do not have to shovel and they do not have to salt.  The only exception to this rule is where the snow and/or ice are not natural accumulations (such as someone dumping a bucket of water on the sidewalk, and then it freezes, or having a down spout empty water directly on the sidewalk).  Even if a local ordinance or law requires that all property owners clear snow and ice, numerous cases have held that this does not result in liability to a property owner if someone is injured for failure to clear the ice and snow. I would definitely recommend that you report the incident to your landlord.  And if the area continues to be snow covered and/or icy, demand that they clear the snow and ice, specifically because you have an handicapped person living with you.... Read More

There are immunities provided to state government offices and tort notice requirements that have to be met when you are asserting a claim against a public entity, so if your daughter is significantly hurt, then you should not delay contacting an attorney.   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. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com.        ... Read More

did you get hurt?  do you have any damages?  did you miss work or have to seek medical treatment?  Clearly the cab company and dispatcher do not have any customer service skills and should not be employed, but if you were not injured, or did not suffer damages then you probably do not have a cause of action against the cab company.... Read More

I am sorry to hear about your fall and your injuries.  You should at least speak with an attorney about your fall to see if there is a claim that should be pursued.  Attorneys that do this type of work will not charge for any initial consultations, and will give you insight as to what you should do next. ... Read More

I'm curious as to why your mother was at the first station.  If she hurt her arm, did she require medical treatment?  The fire station may be immune from liability because of the nature of the use of the building.  It could also depend on whether the fire station is for volunteer firefighters, or for paid fire fighters that work for the state or the municipality.  Good Luck.... Read More

If you wish to pursue a claim, then a notice of claim will have to be filed within 90 days of the accident. You should consult with qualified counsel, who needs to determine the extent of your injury, what caused the accident, and whether the accident was due to negligence. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com    ... Read More

It depends on what the contract you signed when the attorney took your case. If it says that you will be responsible for copy costs then the firm can ethically charge you for the copies of the file. In a case such as yours, however, I'm assuming that the firm has taken the case on a contingency basis such that you are not paying the attorney by the hour or otherwise. In such case you should be able to call your attorney and request a status without the firm "nickel and diming" to learn of the status of your case.... Read More

The statute of limitations for any action for personal injuries is four years in the State of Nevada.   "Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another" must be brought within 2 years of the claim accruing. As to the question of whether he can be compensated, the standard for slips and falls is a negligence standard.  Just because your Husband fell does not necessarily mean the casino was negligent.  The owner or occupant of property is not an insurer of the safety of a person on the premises, and in the absence of negligence, no liability lies. Gunlock v. New Frontier Hotel, 78 Nev. 182, 185, 370 P.2d 682, 684 (1962). An accident occurring on the premises does not of itself establish negligence. Id. Yet, a business owes its patrons a duty to keep the premises in a reasonably safe condition for use. Asmussen v. New Golden Hotel Co., 80 Nev. 260, 262, 392 P.2d 49 (1964). Where a foreign substance on the floor causes a patron to slip and fall, and the business owner or one of its agents (a) caused the substance to be on the floor or (b) if the business had actual or constructive notice of the condition and failed to remedy it. Id.  The Casino is not liable, however, for injuries caused by a dangerous condition that was open and obvious and could have been avoided in the exercise of reasonable care. Gunlock, 78 Nev. at 185, 370 P.2d at 684.   ... Read More

It is not clear from your question what exactly you are doing at the time and cost you fall. Sounds perhaps like you were bowling. If this is the case, the only way that you could recover the liability claim is to show that the owner was negligent in causing your injuries. This would require that you demonstrate some fault on the part of the bowling alley. When you say the shoes were oiled what do you mean? What signs do you believe should have been present?... Read More

The real question here is: why did you fall?  If you fell because of something that was negligently done by the home owner, you might have a claim.  If, however, you fell because you were not paying proper attention, you would not have a claim for negligence.  (There could be a medical payments coverage on her homeowner's policy that would pay for perhaps $1000 or $2000 in medical expenses no matter who was at fault, so you may want to check into that option).  Good luck.... Read More

Generally you can't sue your employer for pain and suffering from an injury that occurred at work, but there may be an exception or perhaps another defenant like a maintenance company or roofing company responsible for the roof, so you should consult with a good lawyer as soon as possible.  ... Read More

The short answer is yes.  The long answer is it depends on the facts of the case.  If the casino was negligent in some way then they would be responsible to your mom.  For the casino to be held accountable something either needs to have been done by them or they failed to do something that should have done.  It sounds like your mom was badly injured and therefore the casino, if at fault should compensate her for her injuries and make sure that her medical bills are taken care of.  My law firm handles these types of cases and I would be happy to discuss the facts of your mom's case further to see if there is an issue there.     Brent Labovitz  Attorney at Law ... Read More

You should contact a local personal injury attorney (one in your state) who does workers compensation law.  He will take the case on a contingency basis which means you only have to pay if you succeed, and the fee is part of the award.  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.  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 Web: www.starrgern.com. ... Read More

You have to hire an attorney, or she will get a default judgment entered against you. You could attempt to defend the case yourself, but that is not a good idea given the scope of the injury. If you have insurance, you should put your carrier on notice of the claim, and they will hire an attorney to defend you. If you are uninsured, you should contact a local attorney and ask them to represent you, and encourage them to try and settle the case for as little as possible because you have no insurance.  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 Web: www.starrgern.com. ... Read More

You should contact a personal injury attorney in Oregon. 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.  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 Web: www.starrgern.com. ... Read More

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.  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 Web: www.starrgern.com. ... Read More

the settlement value of any personal injury case depends on (A) the facts and circumstances surrounding liability and (B) the extent of permanent damage caused by injury.  If you have a lawyer you should ask a lawyer for his input on this issue.  If you don't have a lawyer and your negotiating on your own and you're going to be at a disadvantage.  If you post more facts about the injury and how it occurred I can attempt to give you a more precise answer. 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 Web: www.starrgern.com. ... Read More