Slip and Fall FAQs

Slip and Fall

I slipped on ice or snow. Is the property owner responsible for my injuries?

An insurance company for a property owner will often pay for medical expenses up to a fixed limit, regardless of the property owner’s fault. However, an additional claim for your pain and suffering may exist if the property owner was negligent in the way the premises were maintained. Weather reports, drainage patterns, the property owner’s failure to remove snow and ice, and previous falls at the same location will be investigated by the attorney working on your claim.

I slipped and fell in my grocery store due to a broken jar of pickles. My ankle is broken and I have some cuts. The store says that there had not been time for their clean-up crew so they are not responsible. Is this true?

Their insurance company will probably try to use this argument, but it is often not successful. Businesses are generally liable for the negligence of their cleaning crew. You have a reasonable case, and Scott C. Gottlieb can advise you as to the type and amount of damages that you may expect in this instance.

I was attacked in the parking lot at the Mall. Can I sue the owners for my bills?

Generally, the owner or owners of a business are responsible for reasonable security on their property or premises. Adequate lighting, for example, is an essential for safety. A significant period of criminal activity on or around a property would also show a property owner that additional security is required to prevent such criminal acts. This could be used to prove an owner’s liability for later criminal acts.

Do I need an expert witness to prove a premises liability case?

There are times that an expert witness can be used to good advantage in a premises liability case. This is particularly true if a case goes to trial. Medical experts, contractors, economists, engineers and others may have special knowledge that a jury needs to understand in order to assign damages properly.

A friend slipped in my garage and really hurt himself. I do have premises liability insurance, but feel that this was in no way my fault. Am I liable?

Actually, most homeowner’s insurance policies provide coverage for medical bills regardless of fault. These claims generally must be made in a short time span, so be sure to check your policy for this provision. Beyond medical expenses, you will be responsible only if your negligence caused the accident. In any event, promptly report the accident to your homeowners insurance carrier.

What should I be doing before I see an attorney?

I am not sure yet how serious my slip and fall was.

You should do the following:

Document all events in a journal, including doctor’s visits, and any contact by anyone regarding
the accident;
Photograph your injuries as well as the accident scene from day one;
Do not speak to anyone regarding the accident, such as an insurance adjuster, without contacting your attorney.

Contact Scott C. Gottlieb, Injury Law Attorney, as soon as possible to discuss this. You can always elect to drop the matter, but it is important to see that your rights are preserved.