The slip and fall incident could be an open and shut case if you are able to identify the liable person (usually the property owner). In some cases the liable person may not be known. For example you can consider the case of slip and fall in the walkways of sub way railway station due to spilled liquid. Most of the lawyers may be unwilling to take up such cases against the Metro Transport Authority (MTA). This could be due to the clear statement from the MTA that liquid spill slip and fall is not its responsibility. There could be several such exceptions where the negligence from property owners can be converted into non coverage scope.
The right kind of slip and fall information can help you differentiate between the applicable and non applicable clauses. Your personal injury will refer to the law books in the county, city, state and federal levels before arriving at the right conclusion based on the law.
Negligent and Strict Liability
- In case of negligent liability by the property owner, the value of compensation may be decided by having a soft consideration for the defendant also. But you need to remember that negligence on your part can also be argued by the defendant lawyer in the court of law. If you honestly feel that such possibility is zero, your lawyer has to be prepared to counter any such false arguments and evidences fabricated by the defendant lawyer. In some cases the best of efforts by your personal injury lawyer can result in 60% to 80% realization of the total compensation money claimed. If this is the final verdict of the court of law, you have to accept it without any protest.
- In case of strict liability there is no option for negligence on part of the defendant. Hence the defendant lawyer may try and reject the allegations completely. Here your personal injury lawyer will go all out on the offensive to prove the liability of the premises owner. For this he consolidates all the evidences and witnesses strongly in your favor.
As a claimant, your responsibility is to contact your lawyer and take steps to file the lawsuit for slip and fall as quickly as possible. If you are able to do it within few days after the incident, the probability of getting the strong evidences and witnesses is more in your favor. Filing of police complaint, photographs from the spot and identification of witnesses is your task. You need to seek immediate medical attention and go through the cycle of medication and treatments as prescribed by the doctor.
Ensure the collection and preservation of all the bills and reports from the diagnosis till the treatment procedures, including hospitalization and surgery if any. Avoid communicating directly with the defendant (property owner) or his lawyer. You have to direct all your communications through your personal injury lawyer. Follow the guidelines of your lawyer without the slightest deviation till the final verdict and also after.