Slip & Fall Accidents

Slip And fall

jezebel08 — Fri, 10 Sep 2010 00:23:05 GMT

On May 9, 2009, I fell down 10 flights of stairs in a condo that I was renting. The landlord had been advised upon my initial move in that I needed a rail because the stairs were very steep and creaking. The landlord ignored repeated request to make the necessary repairs, my only other option was to call Code Enforcement. Code enforcement cited the owner, not only for not having a rail but for several other problems. Cosmetically the townhouse was beautiful, but structually it was unsafe and this was not known until after I signed the lease and moved in. After being cited by Code Enforcement the owner hired a company to manage the property after the fact and after the fall.

It has been seventeen months, I have reached MMI with a permanent injury, I had surgery for a torn meninscus and suffered neck and back injuries. A few weeks back my attorney called and advised that the adjuster had made a substantial offer and the case would be settled. This was a surprise because the first offer was $5,000. The attorney never gave an amount of the "substantial offer" and appeared to be back tracking. He then said the offer was $15,000 which is not a substantial offer in my view and then the final offer of $30,000 on a policy limit of $100,000, with $30,000 in medical bills. The adjuster knows that I receive Social Security Disability, but not for any neck or back injuries, could this be the reason for the low-ball offer?

The attorney also has his Office Administrator negotiating with the adjuster which she says she is very familiar with, I believe that familiarity breeds contempt. I asked him to file suit even though now his fee goes up to 40%, exactly what can I expect? The adjuster has received every record except for the kitchen sink.

Sorry for the long first post but I am confused. Often times when I speak with my lawyer he appears to be discussing someone elses case with me and not mine. Any replies or suggestions would be helpful . Some how my trust factor for my attorney has diminished greatly.

SLIP ON TRASH AT WORK, BREAK HIP

sueham — Sun, 05 Sep 2010 07:36:43 GMT

I am a DOD Contractor and self employed...I slipped on a piece of trash & broke my hip in the O.R. that someone left on the floor before my arrival..I have been charged by the hospital for the care I received..Is there any negligence on the part of the person who left the trash on the floor that could result in a claim for help with the hospital bill ??

Water on the bathroom floor - Fall

TNWorkingMom — Thu, 17 Dec 2009 22:27:06 GMT

I was in a very prominent hotel and slipped on water and fell on the tile in the bathroom. There was no sign and I didn't realize there was water until I was standing in it. I cut my head open and the people I was with went to get help. The hotel staff stated security was on the way. I then lost the ability to speak and couldn't not move anything on the left side of my body....my friend told security to call 911 and they were more nervous about the water in the bathroom that taking care of me. I was completely non-responsive to my name and I kept going in and out of contiousness. My friend yelled at security again to call 911...they finally called. They had to strap me to boards and use head and neck restrainst and took to me to the emergency via ambluance. I was immediately taken for a CT Scan and the nurologist was called. My condition did not improve for about 5 hours. I then began to feel my left hand and foot and was able to walk. I took another hour for my speech to return. They stiched up my forehead and released me. I am sore beyond belief and am pretty bruised. My eys is swollen shut and I can hardly walk because of my bruised knees. I lost 2 days of work due to severe headaches and fatigue. There was absolutely NO drinking/drugs involved...just a slip and fall in the bathroom. The hotel wanted to know what we would be requesting. At this time we just stated we had no idea what as we needed to assess the situation and the medical bills. What should we do next? Do we have a case?

SLIP & FALL INJURY @ [txt removed] STORE...

STR82POINT11 — Tue, 24 Aug 2010 03:21:23 GMT

I slipped & fell walking into a [txt removed] store one day, it was rainy/wet conditions and no cone on the outside of store or visible to people walking in the store. I personally never seen one at all, but after viewing the video they had one cone out that is visible as you are "leaving" the store and there was one matt right when you walk in and another straight infront of it.. However, there was not another matt when you walk in and turn right that is where I immediatly slipped and fell directly down on my hip!

Well I have been getting the run around with [the company] since day one and they said without medical documentation, they cant do anything! The only reason I never sought medical attention is due to having NO insurance or income at the time and no way I could have afforded it. But the morning following the accident, my mother and I (fyi: she witnessed my accident along with many customers and worker at store!) went back into the store cuz it is our neighborhood store for years and there was a "visible" cone and a "second" matt in the places that I feel they should have been at the time of my accident!

Obviously proving they were aware it was their negligence. Anyhow, [the company] offered "$100" and said thats all they will do, despite her previously telling me there not liable so why would they offer me anything? Than, after telling her I am going to get a Lawyer she asked me to hold off and she will discuss with [the store] their further position... Which id now raised to "$150!" I asked for $8,000 because I was actually hurt, sore and bruised for over week and couldnt sleep on my normal side at night because how bad it hurt. I feel for embarrasment/humuliation & my pain & suffering, I am entitled to a little more than $150! I would highly appreciate anyones opinion on my issue, Thankyou.

Fall in bathtub, broken enclosure

skeylargo — Sun, 22 Aug 2010 12:42:12 GMT

We just came back from Quebec city vacation where I slipped and fell in the bathtub. The bathtub/shower had a glass enclosure that slides on track. As I was getting in the tub the bottom guide that holds the glass in place broke off completely. I was holding on to the handle on the doors when the guide broke and I fell in the tub with my back into it while my leg hit the metal part of the enclosure on top of the tub.

I did not report it that morning since we had plans and were running out the door to see something that had a scheduled time. When we came back late afternoon the shower was fixed and I did report it to the front desk. Next day the desk manager send me a large fruit/chocolate gift. Meanwhile my bruises on my leg were developing interesting colors and going up and down all the staircaises in Quebec city was a bit challenging and painful. My back and shoulder hurt a lot but I did not think at this time that it was caused by acident - I just thought I was tense and tired. The day we were checking out I asked to talk to the front desk manager and I don't think she had the whole picture of what actually happenend and she took some notes on the incident to talk to general manager.

On the drive home (9 hrs) my leg was quite uncofortable and I tried to roll up jackets to keep by bruises from the seat.

I know I did not handle the reporting of the accident properly to start with and I am not sure what I can do at this time.

Slip and Fall - Broken wrist

Cassandra3260 — Wed, 11 Aug 2010 22:54:42 GMT

Hello,

Im twenty years old and I worked in this bar in Wainwright Alberta. One night when I was not working ( It happened to be the night after my birthday) I was drinking at JD's Saloon in Wainwright Alberta the bar I worked at. I was with my fiancee and the old manager that used to work there. Last Call was called out so I told the two of them that I was going to get the shooter girl to buy a last round of jello shooters. I walked to the cattle run ( the area between the dancefloor and the bar) and started to make my way through it. It was over crowded and as I went to walk through it I fell on ice from a spilt drink that was on the floor. I grabbed my left arm and stood up. I walked to the bar and told the bartender who happens to be a friend of mine and told her my arm really hurt. She advised me to sit down and have a look at it. I was in a lot of pain so I walked over to the lounge side which was closed at the time and sat down. I was in so much pain and was looking in my purse to find my phone to call my fiancee to ask him to come see me. While I was looking in my purse a bouncer came over. I asked him to get my fiancee for me. He got my fiancee to come over and then left. I told my fiancee that I wanted to go to the hospital. My fiance went outside to grab a cab then came back in and got me. We went outside but the cab had already left. My friend who used to bounce at the bar who wasnt drinking offered to drive us to the hospital. I got xrays done and the doctor told me that my wrist was broken. He told me to go to the hos[pital two weeks later to get a new cast as the swelling would go down and it would be loose. I went to a different hjospital (one in mill woods two hours away from wainwright) and the doctor told me that she wanted to xray it again. she did and she told me that she wasnt convinced that it was broken. She wanted me to leave with no cast and I told her no I was sure it was broken and didnt want to leavre with my arm unprotected. She got me re casted. She wanted to book me in for a bone scan but I told her that I needed to go back to wainwright for two weeks for exams for my classes. So she told me to book them when I got back. I called to rebook them but they told me that it was no longer an emergency and that I had to go to the walk in clinic and get a doctors opinion. I went to the doctors and they told me to go back to the hospital and get xrayed again. I did that and went back to the doctors the next day and again the xray showed that it was in fact broken.

There was no wet floor sign where I had fallen, there was no mat to wipe your feet on as you came into the bar, and there was no porter to clean up the mess, on top of that no one in that bar followed through with duty of care and made sure I got to the hospital my friend had to take me. Because of my injury I was laid off and couldnt work. I had to move two hours away and move in with my fiancees friend who let me rent a basement suit and took care of my two year old daughter for two and a half months ( I was casted for two months and I needed two weeks to regain strength in my arm) So I had to pay for 24 hour child care, cooked meals and house keeping. On top of that this injury happened right at the end of my course so I ended up not being able to hand in my last couple MAJOR assignments so I ended up failing my english class which is my last highschool credit. Sop I didnt graduate with all my friends and I have to re take thta course in september when I was supposed to start college. I didnt end up working this summer which was supposed to pay for my college fees. I know the owner is liable for this slip and fall but im unsure of how to get everything in motion and how much I should be asking for. Please give me your suggestions!

Trip and Fall, right knee contusion, Rent a Car [Co]

Kimono_skunk — Tue, 13 Apr 2010 21:00:52 GMT

Hello, my name is Joseph, and I have a personal injury I may need looking into.

I am a truck driver by trade, and I had to rent a car one way to Binghamton, NY, from Phoenixville, Pa (about 45 minutes west of Philadelphia, btw where I live) I needed to drop off the rental car before getting my delivery from the Penske dealer in Binghampton, NY.

This was on March 31, 2010 by the way.

I arrived at the NY branch of [a] Rent-a-car [store], and had them process my paperwork. After looking over the car, I seen my ride to Penske was waiting out back.

After the forms were signed, I thanked the manager there, and turned to walk past a display panel that was standing on the floor, with 4 legs extended. Three other customers were arriving in the doorway when I was walking past the display. My one foot tripped in the legs of the display banner, and I fell HARD onto the floor, landing on my right knee. My travel bag was thrown from my hand and landed out the door. (My laptop inside the bag was also damaged, but I did not notice till that night.) If I fell any further, I would have put my face through the front door glass.

I got up with the help of the persons coming in, and I was helped out the door.

The manager only asked if I was ok, and when I said my knee was injured, he only told his associate to "Get that display away from the doorway area. It's best we have that moved.'

He didn't tell me to sit down, get an accident report, or sign any paperwork at all about my injury.

I told him I was injured, and I will be going to my doctors.

I then had to wait till April 8th to see my personal doctor.

I just returned from two doctor visits with xrays, and I have contusions, bone bruises, and a bad knee sprain to my right knee, and I am in constant pain.

I have the name, address of the [rent a car] Branch, along with a Claim workers Number,my doctor exam forms, and the reciepts for my exams.

My questions are,

I am in constant pain, scale of 1-10 is a 5, and since I live in PA, do I use a PA attorney, or do I need to hire an attorney from New York?

Only thing is I live about 45 minutes west of Philadelphia, so travel to NY would be a hassle.

What about the [name removed] branch manager's actions? Not requesting my name, filling out an accident form, hoping i'd go away?

What are my most reasonable options?

Will await any and all responses, and any further questions, I will answer to the best of my ability.

friend fell from ladder on our property

rjb03 — Tue, 20 Jul 2010 03:48:17 GMT

A friend(we'll call him A) came over to help my husband and another friend (Call him B) cut down a rotted tree on our property. They discussed it at length and A decided that he need to remove a limb before we cut the tree down so the limb wouldn't hurt the house. A decided to use a ladder to cut off the limb. Husband, myself, B and B's wife all said that we didn't think that was a very good idea but A insisted he had done it before and it would be fine. A proceeded. The limb didn't fall as expected and A tried to make another cut. When the limb came loose, it hit the ladder A was standing on, and A fell off the ladder about 10 ft to the ground. I immediately wanted to take A to the hospital but he didn't want to go. 2 hours later he decided that he needed to go and I took him. He need stitches above his eye and dislocated his wrist. A told the hospital it happened on our property.

The receptionist took his insurance info and listed ours as "other" with no information from me. I did not give her the name of our company or any other information. I called our homeowners insurance company immediately upon leaving my friend at the hospital.

The insurance company called today and we started a claim because the rep is 100% sure that his insurance company will come after us for his injuries. we have $1000 medical payments on our policy and $100,000 in liability.

So far A has been to the ER, saw a specialist today who sent him to a specialist at a more advanced hospital to have his wrist reset. A is going to miss at least a month of work.

I am worried about my friend but I am also worried about our liability in this and if the bills total more than $100,000 could we lose our home? Please advise. Thank you

I am located in WI.

Sledding accident, am I responsible for medical bills?

kids tax liability help — Fri, 09 Jul 2010 22:55:52 GMT

Hi,

Our back yard is pie shaped and we are at the bottom of a hill. Where our yard "V"s in the corner, we have a stone retaining wall going out on either side. We live in St. Louis, MO. The neighbors yard behind our house is above our retaining wall. Some neighborhood kids snow sled on this neighbors hill (along with my own kids). One child (12 years old) was sledding and instead of going down the hill like everyone else, he veered to the side and ended up going over our wall and landed about 8 feet down to our backyard. He broke his wrist.

I just received a call from his mother that she wants us to turn this into our insurance. I do not think we are in any way liable and told her we will not be turning in a claim. (our agent said our rates will go up as we have a claim in the last year for something else). The mother stated that since we put the wall up, there might be a problem with the wall. I informed her the wall was there before we bought the house we just replaced tie wall with stone, 10 years ago. She was a little shocked that the wall was always there. She has been in our yard before, and her son has as well. This same son also broke a collar bone a couple of years ago at the bottom of the same hill (not our property).

My children have permission from the 90 year old neighbor that owns the property where they sled. The other children were not invited by anyone to sled. Can you tell me, are we liable for his medical expenses?

Thank you and sorry for the long winded story!

Jen

Landlord liability and Refusal to treat question?

renee the cat — Sat, 03 Jul 2010 02:43:24 GMT

I rented the basement area for three years, but rarely had any need to go upstairs that are an additional access point to the upstairs area. The landlady, a realtor, probably did not notice that a step had come loose because the wood had rotted and nails fell out. I was going up the stairs to talk to the upstairs tenant, the step gave way and I broke my fall with my outstretched hand jamming my shoulder badly. In short, the physical therapist said it's a shoulder separation at the AC joint, , and even if there was work I couldn't work the job in construction because of this. The medicare I was given by the state of hawaii is paying for the clinic visits and rehab for a short period of time. No one offered to pay for my medical bills before this, so I had to wait several months before getting any treatment.

I was referred to a specialist who...refused to see me, even if the insurance I have pays his bills because of third party liability possibility. I have not filed a lawsuit, don't have or know an attorney, I am trying to negotiate a mediated settlement and hope I can be 100% - but what is weird is that the specialist,, one of the few here in hawaii, will not see me and in fact cancelled my appointment although I was referred. Am I the wrong "kind" of injured? Is this reverse ambulance chasing, cuz the doctor seems to be running away! I just want my shoulder fixed and an x-ray or two. Is this legal to refuse to treat an insured patient because they may or may not sue someone?

ladder fall premises liability

cigarman — Mon, 07 Dec 2009 19:39:44 GMT

The short version.

I was asked by my father-in-law to clean and install gutter guards at his residence in Lewes Delaware. He claimed that he needed to have the work done now since the gutters were full and he was unable to find anyone who could do the work immediately. My trip to Delaware, at my expense and from Maryland was for the sole purpose of doing this work for him on this day. Basically he expected to obtain a direct benefit of value by my cleaning and installing the gutter guards.

He was to assist me by positioning the ladder and holding the ladder while I ascended, descended and stood positioned on it. I have pictures that show evidence of; the driveway texture, slopping concrete pad and build up adjacent to the concrete pad that safety was paramount and holding the ladder would be imperative to insure footing since the ladder did not have any other securing features. I have since learned that more often than not, he normally applied an annual coat of driveway sealer. The normally recommend application time frame is every 2-3 years because it can create a slick surface. While in front of the front door he decided to go into the home.

He made no effort to allow me to descend prior to going into his home and subjected me to undue risk and bodily harm. The ladder slip out from underneath of me within seconds. Any ordinary person in the same position would have foreseen that their conduct and reckless indifference/negligence would create an unreasonable risk of harm in a way that would cause injury. My injuries occurred as a direct result of his negligence when he let go of the ladder. I sustained serious (ankle ligament surgery) and permanent injuries as a result of the accident.

He had to pay someone to complete the work that day. He admitted that he left me unattended in front of a witness. Unfortunately he recently passed away from undiagonsed cancer. His homeowners company will only pay my out of pocket expenses.

Do I have a case?

demand letter

cigarman — Wed, 10 Mar 2010 19:10:27 GMT

Was involved in a homeowner slip fall and ultimatlely required surgery. The insurance company tried to make me see their view that I was a social quest. I was actual a business invitee with the sole purpose on the premises to perform work. I refused their offer of lost wages and medical mileage to settle. I recently sent them a demand letter illustrating state court language on property tort and social guest vs business invitee. They have sent my demand package to local legal counsel "for analysis and opinion".

Any thoughts on this? I had been dealing with a local adjuster who turned it over to VP of Claims for the insuance company. I thought most adjusters or insurance reps have some authority to settle.

Texas workers comp

chuck57 — Sun, 21 Feb 2010 01:10:56 GMT

I fell on ice at work on a Monday morning,reported it to my supervisor who said I did not need to fill out an accident report. I went home because there was no work for the day. Tuesday morning I called in to work & told them I needed to go to a doctor to get my shoulder checked out. I was told they would have to file a claim with their workers comp insurance co. to find a doctor to visit. Friday afternoon a co. secretary called me to say the ins. co. had called back tosay they had assigned an agent to this matter. Someone from the ins. co. called me at 4;40pm. & left her name & phone # with instructions to call her back so she could get information on the case. I called back at 4:42 and got her voice mailand left my phone #. I called her back at 4:45 and she answered the call. She put me on hold for a few minutes and then answered again and started to take the information,then she said "I have to leave in 5 minutes and will not have time to do this now-I will have someone call you Monday or Tuesday". I have been sitting at home not working for a whole week-taking over the counter pain medicine-still have not been able to see a doctor & now have to wait for several more days to even talk to someone! Is this matter being handled correctly by the employer and workers comp ins. co.? I have a hard time believing some one who is injured should have to wait this long to see a doctor-please if anyone knows the procedure in Texas let me know-Thank you!!!

Slip and Fall [at superstore]

Sunnybun — Fri, 29 Jan 2010 20:12:37 GMT

Hi , on December 23rd, 09, I was at [a store] . I was coming from the pharmacy when I stepped on a perfume bottle top. There were two witnesses and a store employee who asked me if I was ok. I have a condition called Osteopenia meaning thinning bones and a fall can easily break bones.

The store manager filed the accident and it was also caught on video. The employee who was there when I fell showed the manager what caused me to wipe out. I saw the ER doctor the following day and was told I have sprained my back and tore many muscles. I also saw my family doctor who said the same except a possible fractured rib. I have tingling and numbness in my shoulder to finger tips as well as in my foot and toes on the left side of my body.

Also when I fell I twisted in such a way that I twisted my stomach and have been stomach sick everyday since.I have severe low back pain requiring strong medication and am taking muscle relaxants to try and cope with normal everyday things. This fall has aggravated I have been bedridden since the incident, Drs. orders, and will be like this for 3-6 months maybe longer. I love the outdoors and cannot get out to enjoy it.

Now I'm getting depressed. I've finally gotten the call from [the store's] insurance company today January 29th 2010. They just asked for confirmation of address and asked a few questions like did anyone see it happen, yada, yada.What i'd like to know is What happens next? What do you think they'll offer me for compensation due to my injuries and such? I talked to a lawyer and they said to Keep a paper trail if this goes to court.

Fell on ice at apartment steps

PMazz115 — Thu, 28 Jan 2010 14:06:01 GMT

I went to the rear designated parking area on 1-12 to start my car, 9am. There r 2 steps on the porch, no hand rails. I am disabled and i didnt see the ice accumulated on the stairs and slipped slamming my back on the step. I was taken out in an ambulance to the hospital. X-rays show nothing broken. in April 09 I had a L_5 Discetomey. I'm in a lot of pain still from the fall. I also have a 3 level cervical fusion which constitutes my disability.( Cervical Myleopathy, Peripheral neuropathy)

I have been complaining about ice build up in the parking area to my lamdlord, who lives in Florida. He has been negligent in maintaining this property in my opinion. I even went as far as to tell him and accident is going to happen and if it happens to me I'll sue, well it did. He has given me his ins. companies info and they r gunnna pay the medical bills but can i sue for pain& suffering? I think the condition i have presently has been exacerbated by the fall. How do i sue his company for pain& suffering without a lawyer? I have an appt today w/ an orthopedic dr to see whats going on w/my back.

Thanks

One Question

stevep72753 — Sat, 16 Jan 2010 18:40:17 GMT

On May 16th i was walking out of a Truck Stop and slip and fell. I went to the hospital and they said that i fractured my L-1 i didnt have insurance at the time. The next monday i was fired from my job because they said that i wasnt able to pass a DOT physical they didnt send me to the company doctor or any other doctor. I didnt get workmans comp because i was told by my supervisor that i was considered a contracted employee. My question is. Would i be able to sue the trucking company?

All Evidence Points to False Case Brought

Hugazeil — Sun, 17 Jan 2010 15:47:15 GMT

Hi,

My wife and I have been building a log home in CT, and hired a contractor from VA to build this very unique and custom home. We signed a contract with the builder and work started in April 2008. The builder advised he had insurance and hired three local kids few a few weeks helping out around the site. I was not involved with hiring these kids (aged 20-21), and things started to go South quickly in a dispute over their rate of pay with the contractor. One morning, I received a call at work that one of the boys had fallen off a 6' high staging and received a facial injury. This injury allegedly occured before the builder and his partner arrived at site. When they arrived at site, they noticed nothing unusual that appeared out of place, etc, until such time one of the lads called from the hospital explaining what happened. After much discussion, the lad asked us for money to cover his medical bills (without any documentation) and we refused because of the suspicious nature of the scene and circumstances in general, and my builder certainly did not believe the story. We advised the lad to file a workman's compensation claim, but he refused because he was collecting unemployment at the time of the accident. All three of these lads have crimal records, including a felony conviction for burglery (witness) and larcency (plaintiff).

After six months time (Jan 2009), I received a letter from the lads attorney stating I was being sued for this accident, along with my builder. Since that time, my builder left, filed for bankruptcy, and it appears we're on our own. After my lawyer took the three lads depositions, their testinmony was so different, and the facts just didn't add up. I had taken pictures at the site the afternoon of the alleged accident and the area where the lad said to have fell had no evidence of staging ever being erected in that area. We were always under the impression that the accident may have happened in a different area of the site, where some staging was erected, but learned that was never the case (after the depositons). The other party has no knowledge about the dates of the pictures I took, and the stories they tell are so drastically different than what the pictures show. The pictures are not time/date stamped on the actual photo, but are dated from the files they are on, and follow all construction timelines and the lads actual testimony on what they were doing at the site. My lawyer agrees that the stories these lads tell are so far fetched that it never could have happened the way these lads testified. After spending roughly 15-16k of our funds defending ourselves, my lawyer advised that we still may want to settle or get mediation based on costs we would still be looking at to complete the defense of these charges. We were pretty upset about having to settle or pay anything to someone basically lying and trying to extort us, so we asked if we could go after the other attorney, and he said we could if we could find an attorney to take the case outside the general jurisdiction. The attorney then sent a letter to the other attorney advising that their party could walk away from the case and we would too. Iif they didn't choose to walk away, we would look at a countersuit for frivolous suit and would look to recover all attorney fees and damages resulting from construction delays and mental anquish. The other attorney advised he will go ahead with suit. He has no knowledge about the dates of the picture evidence and hasn't asked, so my lawyer will keep that information in his back pocket.

Any suggestions on how to move forward on this case, as we feel the current testimony alone is so far apart, and our picture evidence will paint a clear picture of fraud committed by the other party. We've fired the warning shots to the other party, and will be more than willing to be deposed to testify our side of the story before we warn them one more time about what we believe is a totally fabricated case. The other attorney should be aware of this false case just by reading his own client's testimony against the testimony his two witness friends and we feel he is ultimately responsible here. We are really mad about this whole suit and want our lives and money back!

fell at friends house broke my foot

mystephyed2 — Sun, 10 Jan 2010 17:59:17 GMT

While visiting a friend out of town over the 4th of July holiday I was coming down the stairs which was poorly lit and missed most of the bottom stair. My foot rolled under me and as a result I broke my foot and was told no weight bearing for two months. I just recently was asked why I didn't get a personal injury attorney. Do I have a case for this ?

do i have a case?

B_rian — Sun, 03 Jan 2010 21:47:08 GMT

I was at work when my boss insructed a co worker and I to clean a ledge about 20 feet up using a ladder.I told him i didn't want to do so because it wasn't exactly safe.but he persisted.It's to my knowledges if your standing above 6 feet in the air you must be harnesssed in or have guard rails according to osha standards.So any way I go up on the ladder and was standing on the second step down from the top.i decided to come down and got my foot caught and fell all the way down aproximately 15 feet to the floor .where i landed directly on my shoulder and had to be taken to the hospital.I have to go to a specialist, the doctor said i had no broken bones but he thinks i have torn my rotator cuff.and need to see a specialist.I have witnesses of my general manager instructing me to do this as well as witnesses seeing me fall.

wife broke foot

Sir Kee — Wed, 30 Dec 2009 14:57:33 GMT

My wife was walking up to the door at [store] in Mansfield a couple of weeks ago and rolled her ankle and fell on some un even concrete right by the front door. There has been some settling in the slab …. Almost an inch difference between the levels. We later dicoverd that she broke her foot. The medical bills and lost time at work are almost two thousand dollars. I talked to [store's] insurance company and they were rude and also said it was Kelly’s fault. I disagree. I just wanted to be reimbursed for the Kelly’s lost time and wages. This part of the parking lot could have been fixed if they wanted to. If they didn’t want to fix it then it should be marked with yellow paint or something. I am not looking to sue I just want to be reimbursed for medical expenses.

Do I have any legal grounds here? Any advice?

slip and fall reno casino

a cut above the rest — Wed, 16 Dec 2009 04:14:21 GMT

i am trying to get some sort of peramiters regarding dollar amounts for an injury i suffered at a casino that was a severe slip and fall. i suffered a severe concussion and a laceration to the skull that was about 3 inches long and around1/2 " wide, plus a shoulder injury that is going to need suguery,a fractured tooth down to the bone and on going severe headaces, not able to sleep due to on going pain in the shoulder,not able to drive for 6 weeks after accident. not sure what long term damage will be. at this time brain scans negitive i have had 4 of them. i was knocked unconscious for around 3 minutes.the situation was a wedding party had purchased a margarita they are 4ft in length and held in place with a strap. the strap broke and the drink went everywhere.short time later i enter the area and that was the last thing i remember lights out.

i am 59 years old 60 in december. the casino knew they had a problem with this type of container and admitted so to the groom who complained about the strap breaking.replaced his drink for free and as i said acknowledge the problem. the casino said not responsable as they had no time to secure area.14 witness say other wise,that in fact an employee was present at the time of the spill left the area to use house phone to call for help,by the way i am told took a very long time before help arrived that being security this was on a saturday night busy night i guess .the employee had a walki talkie so that surprised witness that she left to use house phone. so what do you thing damage aware may be if there found negligent.

Premise Liability: Need further & immediate medical treatmen

BeemerBoy — Sat, 12 Dec 2009 19:09:15 GMT

I was injured at a Florida motel. I fell from a stairway balcony/platform that did not have any handrails (as required under Florida Building Codes and Fla. Statute(s). I suffered a concussion. I do not have any medical insurance. I have been treated (and admitted) 3 times via the local Emergency Room for "Post-Concussion Symptoms". On each emergency room visit my "instructions" were to be seen by a Nurologist. (My condition is such that my whole life has changed). Again, I do not have the financial means to be seen by a nurologist. I have submitted a Letter of Demand to the motels Insurance provider. I basically estimated future medical expenses. I have asked the insurance adjuster to send me to a nurologist. I was told "not until we receive all of your medical records". So basically I am in limbo, suffering and in dire need of medical attention and treatment but can not figure out how to compel anyone to provide me the attention that I need. The only treatment currently available to me is the emergency room. I need some advise on whether or not I can compel the insurance provider (legally) to pay for a nurologist visit, or, if I can file a particular emergency motion of some sorts with the court to compel the insurance company to act right now, not wait. Please advise. Thank you for being so smart!

Slip and Fall on Our Property

Laura G. — Mon, 07 Dec 2009 16:59:46 GMT

Hello All!

My apologies if this is listed under the wrong forum (this is my first time to this message board). I was looking to get some advice to AVOID getting sued for a slip and fall on our property.

Here are the details:

My husband and I recently bought our first house. Our house, and the houses around ours were built on a very steep hill, which, in turn, has caused our driveways to be very steep and somewhat dangerous during the winter. The issue we have come across has to do with the neighbor who lives in the house to our left. She is elderly and has a very steep driveway like ours. Well...it turns out that the previous owners of our house had paved some of the land between the sidewalk and the retaining wall that we have in our front yard. This paved spot is flat and perfect for parking during the bad weather. Our elderly neighbor has been parking her car in that spot since before we moved in to the house. Her son and daughter-in-law came by one day to ask if it was ok for her to continue parking her car in that spot on our property. We told them it was ok since she needs it more than we do.

The potential problem has to do with if she slips and falls while getting into and out of her car. Since it is our property would she have grounds to sue my husband and I since it technically is our property and we have given her permission to park there. We had our first snow storm of the season this past weekend and neither my husband or I shoveled out her spot, and a friend of my asked if she were to slip and fall while trying to get in and/or out of her car could she sue us since we didn't shovel out her car.

Any thoughts or advice would be greatly appreciated. I am wondering if there is a way we could have papers drawn up that she can sign saying she waives all liability should she slip and fall, otherwise, she can't park in that spot anymore.

Thanks so much, and I hope everything makes sense, but I can always elaborate further if needed.

Thanks!

Slip and Fall at School

alli115 — Thu, 19 Nov 2009 16:53:17 GMT

Two nights ago I went to concert at the University I attend in Pennsylvania. At the concert there was a black platform that came up about 3 inches off the ground. There was poor lighting and I tripped over the black platform and broke the fifth metatarsal bone in my foot. The platform was there for the concert and should not have been where it was, it is not usually there it was for the concert, they should have had signs up saying caution or moved it into an area away from the students. The university employees must have known the platform was there since they would have had to been there while setting up. I was not the only person to trip over the platform, other people I was with tripped over it too but I was the one who got injured. Having a broken foot is causing me stress with walking back in forth between classes, and I have a splint on my foot right now which is causing me not to be able to drive (I broke my right foot). Also I won't be able to work at my job in a retail position because i cannot stand on my foot. I went to the emergency room and I am seeing a orthopedic doctor today. Would I have the right to sue the university I attend for my fall? If so, how would I go about suing them and how much money could I potentially receive for the fall?

Would I be responsible for this injury in trip and fall

DJames11 — Fri, 23 Oct 2009 00:36:07 GMT

I am landlord that lives in NJ but in NY I own several rental properties but spend most of my time where my rentals are. At one of my rental properties one of my tenants tripped and fell. They tripped at the entrance near the steps. There was a pole that was about 6 inches out of the ground near the first step. The tenant use this entrance also as an exit. I was well aware of the problem and a sent letters to the tenants. I am not sure if this specific tenant received the letter. The entrance is in rough shape and needs to be worked on. There are pictures of the entrance at the time of the accident which shows the rails at the entrance leaning. Now wouldn't this pole fall under "open and obvious"? The tenant said she was distracted by the weak railings and trying to figure out what is the best place to hold the railing to go up the steps. I guess she was right about the weak railings since the photos show it was leaning in away. Would she have a valid claim as to why she didn't see the pole at the time of the accident? Would that defeat the open and obvious and make it a dangerous condition? Should I have put something there such as a cone or a warning sign instead of a letter? The tenant haven't said anything about a lawyer yet, should I just let it go and don't worry? Thank you