Slip And Fall Legal Questions

I am sorry to hear about your injury.   Not sure if this is an on the job injury or a workers comp claim, but if your elbow was shattered the amount they are offering seems very low.   Best to consult with a personal injury attorney before getting the case settled.   Once it is settled, there is no more money even if your injury worsened.    ... Read More

As Ms. Anderson suggests, if there was fault on the part of the store, they may be liable in whole or in part. Simply lifting a heavy item and having a cart move does not necessarily imply fault on the part of the store, unless there was a defect in the cart. However, if after going over the facts with an attorney there does seem to be a case, then you could file suit and medical expenses could be part of your claim. However, this is not like an automobile accident where medical bills are covered under "no fault" insurance. Unless you can prove fault on the part of the grocery store, it is to be expected that the store would not readily cover medical bills without going to court.... Read More

Sorry about your injury. There are a number of questions as to whether my office would be able to assist you, first of all when the accident occurred, where in NJ the accident occurred, and what was the condition that caused you to fall. If you wish to contact my office, you may call me at 973-246-9659 Anthony Van Zwaren, Esq., 340 Clifton Ave., Clifton, NJ.... Read More

You can absolutely switch lawyers and you should do so immediately. The failure of your attorney to communicate for two years is unacceptable and suggests that your cas was being neglected. You should have another attorney immediately look into your case to make sure your lawyer has been working on it and either way, get a new lawyet. ... Read More

We aren't allowed to recommend lawyers on this site, but a simple google search for Gary Personal Injury Lawyer should give you some options. I hope this helps. Also, there is a 2 year statute of limitations on these types of claims so you need to speak with someone in the near future. ... Read More

Almsot 99 percent of the time, Royal Carribean and other major cruise lines, require that the customer consents (when purchasing a ticket) to resolve any dispute, including injury cases,  in the jurisdiction of Florida. Read the ticket, and see if this is the case.   Steve,   Licensed in Texas and Florida... Read More

If your husband was injured less than three years ago, and if a notice of claim was served on the county within 90 days after the injury or 90 days has not yet passed, and if the county either created the wet floor condition or was on notice of the wet floor before the injury occured, and your husband can prove it, and there was a witness to the accident, then yes- your husband has a good case.  ... Read More

Of course the burning question is, how did you type your question with both of your arms in casts? Your combined injuries are likely worth six figures, but the actual value depends on many factors: whether the fracture is displaced, if you have impingement, if you have a great deal of pain, how well you recover, whether you'll need one or more surgeries, whether you will be permanently unable to do certain activities or only do them with pain, and whether you will have lost wages and if so, will you be permanently unable to return to work. ... Read More

You would have the right as the parent of a minor child, to make a claim for personal injury in his behalf. Since the claim is against a governmental entity, you will be required to provide a written notice of claim by personal service on the governmental agency, body, branch in charge of the school district. Failure to provide such written notice of clam within 120 days  of the accident under WI law, will forerver bar the claim. If you file the notice of claim and it is formally disallowed, it shortens the statute of limitations to commence a lawsuit froom the typical 3 years from the date of the accident to  6 months after the disallowance is recevied. I recently wrote a blog at our law firm's web site under personal injury injuries of the complexities of this statute. You are well advised to consider hiring a personal injury lawyer to pursue the claim for you. The second part of the answer to your question deals with whether there is lliability. The first part dealt only with procedure. Slip and fall cases are exceedingly difficult to puruse and win in Wisconsin, given the fact that over winter, it can be slippery and icy nearly every day. You will need to show that the school district was negligent and failed to clear the dirveways, sidewalks of snow and ice that could have prevented the fall. That is difficult to do in a cold climate, and in  alll likelihood, the claim is going to be denied, forcing you to  file a lawsuit to pursue the case. Pictures depicting the area on the day of the accident wouold help, along with witnesses. Your son's injuries are certainly serious enoough to warrant you to consider pursuinng the case.... Read More

YES. You can sue for your injuries, because the landlord was aware of the problem, had a duty to repair, and failed to repair. You  have the burden of proving everything you stated, including the existence of the leak, the landlord's prior notice of it, his failure to repair it, and that you gave him access to your apartment to do so. While you can sue even though you have pre-existing injuries, the question is whether they have any significant money value. You must prove your slip and fall exacerbated the pre-existing injury, and you're not just experiencing pain or impairment only related to the preexisting injury. Your shoulder, knee and hip injuries sound new, and again, the money value of the injuries depends on their severity, permanence, and your degree of impairment. You should also be entitled to a RENT ABATEMENT for the conditions you described in your apartment.   ... Read More

If you potentially have a claim against the city, and it sounds like you may, you need to file a claim with them to preserve your right to file a lawsuit. That typically must be done within 6 months of the incident. Have you pulled title records to see who currently owns the property? Has your son had medical treatment?... Read More

Unless the parking stop violated a specific ADA provision related to the location of the stop vs. the path to the accessability entrance, there is likely no liability for Target simply because you chose a different path to walk and did not see a parking stop in front of your own car. This would all revolve around how the handicapped parking is set up. ... Read More