Premises Accidents/Slip and Fall FAQs
Q. There was water on the floor where I was shopping, and I slipped. I broke my wrist from the fall. The store claims that their janitor didn’t have time to mop up the water before I slipped and refuses to take responsibility. Can they do this?
A. This argument is weak and not likely to hold up in court. Businesses are responsible for their cleaning personnel’s actions including negligence. An experienced premises liability lawyer will advise you of your rights and what steps are necessary toward legal action. Kupets & DeCaro P.C. handles many premises liability cases where their experienced and thorough attorneys help you to determine if you have a case.
Q. While unloading my grocery cart in the parking lot, I was attacked. Is the store liable for my bills?
A. Generally speaking, the owners of the property are responsible for ensuring reasonable security. Parking lot lights, security guards, and other security measures are normally taken care of by the business. The pattern of crime in the area gives an indication of the criminal activity that the business owners should be aware of. Lack of adequate security or a shortage of staff is something that would need to be looked into.
You need to be proactive in gathering police reports that give details of the attack as well as your medical records, expenses incurred and other information. Legal counsel can advise you of the steps necessary to determine whether you have a solid case.
Q. After talking with a friend regarding my premises liability case, he told me that I had to have an expert witness to lock in my case. Is this true?
A. Some situations require a strong credible witness when the case goes before a jury. Experienced physicians, contractors, psychologists, and other professionals with special knowledge maybe necessary for the jury to properly assign damages.
Your attorney should be experienced in which premises liability cases that require expert witnesses. When they are needed, a reputable firm, such as Kupets & DeCaro, P.C. will know the appropriate experts to contact for your specific case.
Q. A neighbor’s child was playing at my house and stumbled over a toy resulting in a premises injury. Although I do have homeowners’ insurance, I don’t feel that I should be responsible for the accident. What can I do?
A. Your homeowners’ insurance policy should cover the medical expenses no matter who is at fault. It is unnecessary to debate who is responsible. Most cases of this nature are settled in a short period of time, so check your policy provisions and don’t delay.
Q. I fell down at the ball park and injured my ankle. Do I have a case? What do I need to tell an attorney?
A. Write down all of the events just as they happened including dates, times, and other details. A picture of your injury in the various stages of healing is also helpful. Document all doctor’s visits, expenses, and if anyone has tried to contact you regarding the accident. It is not wise to speak with an outside party until you seek legal counsel.
Although you may decide not to initiate legal action, these proactive steps will be of great help later on if you decide that you do want to pursue compensation for the expenses and/or pain and suffering caused by your injury. An experienced attorney can determine your rights and what you are entitled to.
Q. How much in damages am I entitled to?
A. There are many factors that determine how much in damages you are entitled to. Many states have laws that limit the amount of damages called “caps.” The property owner’s intentions also come into play and could have an effect on your claim.
There are no set-in-stone amounts in a premises liability case as there are so many variables. You should seek legal counsel from an attorney who specializes in these types of cases. Their evaluation of your specific circumstances will best determine the amount of damages that you are entitled to.
DISCLAIMER: All answers to the hypothetical questions contained herein are provided for informational purposes only and are not intended to be construed as legal advice. Kupets & DeCaro P.C. shall not be liable for any errors or inaccuracies contained herein.