FAQs

Frequently Asked Questions about Slip and Fall

Q: If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?

A: In many states, statutes giving local governmental entities immunity prohibit recovery in many kinds of cases against cities or towns. If there is not such a statute or ordinance in place, however, someone may have a case against the city. Municipalities have a duty to keep streets and sidewalks in repair. An injured party might have a successful case against the city if he or she can show that it failed to maintain the sidewalk properly. There are very important deadlines and requirements for giving municipalities notice of such claims, however, about which a lawyer should advise you.

Q: What if someone gets injured while at the home of a neighbor, who invited him or her there for a party?

A: Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners must tell their guests about, or correct, any dangerous conditions that guests are unlikely to recognize. For example, if an injury was caused when a guest tripped on a throw rug, he or she may be able to recover if he/she could prove that the host knew other people had tripped over it and the guest was unlikely to realize its danger. The host probably should have warned guests about it, removed it during the party, or secured it to the floor with tape or tacks.

Q: If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?

A: In many states, statutes giving local governmental entities immunity prohibit recovery in many kinds of cases against cities or towns. If there is not such a statute or ordinance in place, however, someone may have a case against the city. Municipalities have a duty to keep streets and sidewalks in repair. An injured party might have a successful case against the city if he or she can show that it failed to maintain the sidewalk properly. There are very important deadlines and requirements for giving municipalities notice of such claims, however, about which a lawyer should advise you.

Q: What if someone gets injured while at the home of a neighbor, who invited him or her there for a party?

A: Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners must tell their guests about, or correct, any dangerous conditions that guests are unlikely to recognize. For example, if an injury was caused when a guest tripped on a throw rug, he or she may be able to recover if he/she could prove that the host knew other people had tripped over it and the guest was unlikely to realize its danger. The host probably should have warned guests about it, removed it during the party, or secured it to the floor with tape or tacks.

Q: Can someone receive compensation from a store where he or she was injured in a slip and fall accident?

A: The specific facts of each case will determine whether an injured party can recover damages from a store for a slip and fall accident. Stores have a duty to keep their floors reasonably safe for customers, and employees should routinely inspect areas the public might access, to discover any potentially dangerous conditions. If a slippery substance on the floor causes a fall, and a plaintiff can show that the substance had been there for a relatively long period of time, or that the store otherwise had notice of it, he or she may be able to recover damages.

Q: What duties do property owners have regarding ice and snow removal?

A: Generally, the law doesn't require a property owner to remove ice or snow that accumulates outside his or her building as the result of the weather. However, if conditions on the property cause an unnatural accumulation of ice or snow, the property owner may be liable for slip and fall accidents. In addition, if a property owner elects to provide snow or ice removal, he must not do so negligently.

Q: When will the law say a property owner "should have known" about a dangerous condition on his or her property?

A: In most cases, the law will say a property owner "should have known" about a dangerous condition when it existed for such an amount of time that a reasonably careful person, under similar circumstances, would have discovered it.

Q: Is the fact that someone warned an employee of a store about a spill important in proving a slip and fall case resulting from an accident caused by the spill?

A: Yes, the fact that an employee of the property owner (or possessor) was given notice of the dangerous condition is very helpful in establishing that the owner knew of the dangerous condition, and was negligent in failing to remedy it.

Q: Can a building owner's violation of a building code ever be used to help a plaintiff win a slip and fall case?

A: Yes, occasionally a plaintiff can prove negligence by showing that a property owner violated a relevant statute or code. A building owner must ensure that his or her building's structure is in compliance with applicable building codes. For example, building codes often dictate when and where handrails and other similar features must be installed. If you fall on a stairway that lacked appropriate handrails, and the lack of the handrail caused your injuries, you may have a valid claim against the building owner based on his or her building code violation.

Q: Who can be held liable in a slip and fall case?

A: In slip and fall cases, there are often a number of people or entities that may be held responsible for someone's injuries. For instance, if a business rents space from a property owner, both the property owner and the tenant (the business) may be named as defendants by someone injured on the property. In that case, the tenant is known as a possessor of the property, and has a duty to use reasonable care to prevent injury to those on the premises under its control. A possessor might also be a party who manages or maintains the property, such as a management company.

Frequently Asked Questions about Motor Vehicle Accidents

Q: Can I recover even if the accident was my fault?

A: Whether you can recover if the accident was your fault depends on the laws of your state. Some states do not consider fault with regards to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours, or to reduce the amount of your compensation by your percentage of fault.

Q: Who can I sue to recover my damages?

A: In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car's owner may also be liable for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a "dram shop" complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.

Q: Can I recover even if the accident was my fault?

A: Whether you can recover if the accident was your fault depends on the laws of your state. Some states do not consider fault with regards to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours, or to reduce the amount of your compensation by your percentage of fault.

Q: Who can I sue to recover my damages?

A: In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car's owner may also be liable for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a "dram shop" complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.

Q: What is my case worth?

A: The value of a case depends on a variety of factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, and permanency of the injury. There is no rule of thumb, and each set of facts results in a different amount of damages.

Q: Will I have to go to court?

A: Not necessarily. Many motor vehicle accident cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the costs and delay of a trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to go to trial.

Q: Where will the money come from to compensate me?

A: The at-fault party's insurance typically pays for your damages in many states. If you are in a no-fault state, your own insurance may pay for some of your damages. If the at-fault party is not adequately insured, your own insurance policy may include coverage that will compensate you for your injuries.

Q: How long will it take me to receive my money?

A: The length of time necessary to conclude your automobile accident injury case depends upon a number of factors. For example, if you suffer a serious injury, you will not want to settle your claim until you have received sufficient medical care so that either your physician has released you or your future medical expenses related to the accident can be determined with reasonable certainty. Therefore, the amount of time you need to heal may determine the length of time necessary to conclude your claim. The amount of time before you recover also depends on whether your case is settled or goes to trial.

Q: What should I do if I can't afford an attorney?

A: Many law firms will agree to pursue a personal injury claim for a contingent fee, which means that the law firm's fee is subtracted from any amount that the firm collects for you. If no amount is recovered, then the firm receives no fee, but the client is typically responsible for actual expenses, such as court filing fees or witness fees, whether he or she wins or loses.

Q: Do I have to see a doctor?

A: If you are injured in an automobile accident, you should seek medical attention. Whether or not you have a claim, you should be examined by a doctor, both for your own peace of mind and to document the injury to support your claim. Frequently, an automobile accident injury will not be immediately apparent. Whenever symptoms first appear, go to your family doctor, a hospital emergency room, or another medical professional to obtain medical help.

Q: How soon must I bring my claim?

A: Each state sets a time limitation for bringing a personal injury claim. Both the length of that period and the way it is measured in motor vehicle accident cases varies from state to state. Even within a state, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and when the injury is discovered. You must be absolutely certain that you know the time limitation period that applies to you, or you risk jeopardizing your legal rights.

Q: Should I accept a check from the at-fault driver or his or her insurance company?

A: Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until after you have conferred with an attorney. Typically, an attorney will encourage you to wait to accept a check until you have completed your medical treatment and have been released by a doctor, so you know you have received an amount that adequately covers your medical bills and other damages. An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting an attorney. If so, you should ignore his or her advice, and consult an attorney immediately before accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.

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