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Businesses may be responsible for injuries in a slip-and-fall

On Behalf of | Sep 4, 2018 | Firm News

Most people think of a slip-and-fall accident as a minor incident. This perception is undoubtedly the result of years of film comedy implying that people can get right back up after a fall. While many people, including young adults and children, can rebound quickly after a slip and fall, not everyone is so lucky.

In fact, the older people are, the more likely they are to suffer serious injuries when they slip and fall. Sometimes, those injuries can prove life-altering. Regardless of your age, if you got hurt after slipping on the floor or in the parking lot of a business, you may have the legal right to pursue a premises liability claim against that company.

What is premises liability?

For those who aren’t familiar with the term premises liability, it basically means the liability that results from allowing other people onto your property. Whether you rent a property or own it, when you allow other people into or onto that property, there is an inherent risk that someone could suffer an injury.

Generally speaking, the law is very clear. Business owners and property managers are responsible for injuries that happen on their premises, especially if negligence played into the injury. Many times, there could be standing water due to a spill or a leak. Other times, uncleared ice and snow could make the area slippery. Even too much wax applied to a floor could make it unsafe for people to walk on.

Regardless of what form of fall you experienced, if you have reason to believe that negligence played a role, you may have grounds for a lawsuit. This is particularly true if you suffered severe injuries in the fall.

Slip-and-fall accidents can lead to debilitating injuries

When someone slips and then falls, the end result is often much more than a bruised bottom and sore ego. Instead, the consequences could include broken bones, deep tissue contusions, spinal cord injuries and even traumatic brain injuries. The exact injuries a person suffers will depend on how they slipped, as well as what they hit when they fell.

It is common for people to crack their heads against fixtures in a building or the floor during a fall. That could very easily result in a traumatic brain injury or even a fracture of the skull. Many people also flail their arms when falling, which could result in broken bones and pinched nerves.

These kinds of injuries often require expensive medical care. They may also keep you from going back to work for some time. A premises liability lawsuit will allow you to collect compensation that will offset the financial losses you experienced as the result of someone else’s neglect in maintaining their property.

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Verdicts & Settlements

36-year-old laborer for landscaping company fractured wrist when fellow employee hit him with truck. Claimant received in excess of $30,000 in workers’ compensation benefits for total disability and medical expenses and settled with automobile insurance company for fellow employee for $95,000.

1989 workers’ compensation claim settled for $125,000. Claimant originally sustained a low back injury when she slipped and fell at local grocery store resulting in low back surgery in 1989. Several years later, claimant exacerbated her low back injury. Claim was reopened and settled with carrier for $125,000 in 2006.

47-year-old deli clerk sustained low back injuries at work for local supermarket. Carrier originally denied claim on the grounds that the injury was pre-existing. After formal workers’ compensation hearing carrier accepted claim and paid all total disability benefits and medical expenses in excess of $100,000. Case then settled for an additional $100,000 after injured person received a permanent disability rating.

34-year-old male roofer sustained multiple injuries to his shoulder, neck, back and hip when he fell from roof during work. Claimant was provided workers’ compensation benefits in excess of $100,000 and settled remaining claims for an additional $55,000.

40-year-old male working for cleaning company sustained neck and low back injuries when he fell on defective staircase while cleaning local museum. Claimant recovered over $95,000 in workers’ compensation benefits and resolved claim against museum for $85,000.

26-year-old laborer sustained fractured foot when a cast iron pipe was dropped on his foot. Employer and workers’ compensation carrier denied claim on basis that injured worker was an independent contractor. After a series of informal and formal workers’ compensation hearings, carrier conceded that claimant was an employee and settled case for $85,000.

24-year-old waitress sustained back injury while working at Outback Steak House. Workers’ compensation insurance company initially denied the claim. After a series of informal hearings, carrier accepted claim paying medical expenses and total disability benefits. In addition to those benefits paid, claim settled for an additional $75,000.

Delivery truck driver sustained right wrist fracture in rear-end motor vehicle accident while in the course of his employment. Claimant recovered in excess of $40,000 in workers’ compensation benefits for medical expenses and total disability benefits. Claimant settled case against at-fault driver for $105,000.

22-year-old male working as stocking clerk at “big box” retailer sustained herniated disc in low back. Workers’ compensation carrier refused to accept the claim. After formal workers’ compensation, hearing commissioner ordered carrier to pay over $35,000 in past total disability benefits and pay for surgery and all related medical expenses. Case settled for an additional $35,000 for a total recovery in excess of $100,000.

Rear-end collision on entrance ramp to Merritt Parkway resulting in 49-year-old woman sustaining mid-back injury. Case settled at mediation after filing suit for $300,000.

28-year-old passenger sustained multiple herniated discs in automobile accident in New York state. New York no-fault carrier paid for extended period of disability from work and medical expenses, including expenses for surgery. Case settled against driver of vehicle for $300,000 policy limits shortly after filing suit.

54-year-old man sustains shoulder injury when hit from behind by uninsured motorist on New Jersey Turnpike. Case settled for $135,000 prior to trial.

CT Transit bus driver sustained torn meniscus in collision with another vehicle. Claims made against at-fault driver, workers’ compensation carrier and client’s underinsured motorist policy. All claims settle for a recovery in excess of $100,000.

68-year-old woman sustained neck and back injuries in rear-end collision and required extended course physical therapy, but was not a surgical candidate. Case settled for $100,000 prior to filing suit.

34-year-old woman sustained concussion and neck and back injuries in hit-and-run accident on a New York highway. Claimant settled uninsured motorist claim for her $100,000 policy limits.

80-year-old woman sustained right foot fracture when her foot was run over in a parking lot. Case settled for at-fault driver’s policy limit of $100,000 prior to filing suit.

38-year-old nanny sustained right femur fracture when she fell down defective stairs in home of her employer’s neighbor. All medical expenses and lost wages reimbursed and case settled for an additional $150,000.

Claim against landlord for defective staircase in multi-family rental house. Claimant sustained a right femur fracture. Case settled for $125,000 prior to filing suit.

$95,000 judgment obtained against bar and nightclub for assault by one of its patrons against another patron.

47-year-old woman sustained a broken left wrist when she fell from porch stairs at house she was renting. Case settled for $95,000 shortly before trial.

26-year-old male bitten on leg by German shepherd. Claim against dog owner settled for $65,000 plus payment of all medical expenses.