Slip and Fall FAQs
2. I slipped and fell in my grocery store due to spill that was not cleaned up. My arm is broken. The store says that there had not been time for their clean-up crew so they are not responsible. Is this true?
3. I was attacked in the parking lot at the Mall. Can I sue the owners for my bills?
4. I slipped in my friend’s kitchen and really hurt myself. Are they responsible for my care?
5. What should I be doing before I see an attorney? I am not sure yet how serious my slip and fall was.
6. Does an accident report have to be filed after a slip and fall accident?
7. Can I sue my employer if I fall at work?
1. If I slip and fall at a
business, is the owner of the business legally
responsible for my injuries?
Typically, it is the duty of an owner to exercise
reasonable care in the maintenance of the premises
and to warn a visitor of any known dangerous
conditions. It is the responsibility of your
experienced personal injury attorney to gather the
relevant facts and to know the applicable legal
principles in order to determine if the owner can be
held liable for the injuries caused in a fall. Contact
Oshman & Mirisola, LLP today to discuss your
claim.
2. I slipped and fell in my
grocery store due to spill that was not cleaned up.
My arm is broken. The store says that there had not
been time for their clean-up crew so they are not
responsible. Is this true?
Their attorney will probably try to use this
argument, but it is seldom successful. Businesses
are generally liable for the negligence of their
cleaning crew. You have a reasonable case, and a
premises liability attorney can advise you as to the
type and amount of damages that you may expect in
this instance. Contact
Oshman & Mirisola, LLP to discuss your claim.
3. 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.
4. I slipped in my friend’s
kitchen and really hurt myself. Are they responsible
for my care?
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 ask your friend to check your policy for
this provision. Second, contact
an attorney at Oshman & Mirisola, LLP to discuss
your situation and protect your rights.
5. What should I be doing
before I see an attorney? I am not sure yet how
serious my slip and fall was.
Please do the following:
- Document all events in a journal, including doctor’s visits, and any contact by anyone regarding the accident. Photograph your injuries from day one.
- Do not speak to anyone regarding the accident, such as an insurance agent or adjuster without contacting your attorney.
- See an 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.
6. Does an accident report
have to be filed after a slip and fall accident?
An accident report should be completed at the time
of the incident noting what happened, who witnessed
the accident, the conditions that caused the fall
and any other relevant information such as available
lighting. The requirement for a report is generally
a store or business policy, rather than mandated by
law.
7. Can I sue my employer if I
fall at work?
Generally, you cannot sue your employer if you fall
at work. Injuries sustained at work are covered
under workplace injuries laws. Contact Oshman &
Mirisola, LLP to discuss your claim or see our
Workplace Injuries page for more information.