• June 18, 2021

All About Slip and Fall Cases

Slip and fall cases are hard to really prove in one way or another, and they’re hard to begin with.

When proving this, it’s important to have some information on hand, and you have to understand, that every slip and fall case will be different from the rest.

However, you should discuss the problem with the lawyer you have so that you can figure out exactly what type of claim you have, and whether or not you are fully liable for damages.

How do Damages Work?

Let’s say for example someone slips and falls on something on the floor in a grocery store.

During the trial, it’s then testified that the plaintiff became depressed and suddenly became suicidal, and some people have said that the plaintiff has had a major change in personality, to the point where psychologists linked this to the injury at hand.

They also may say due to this injury, the plaintiff might’ve gained weight due to a limit of physical activity, so they might get a surgery to help with weight loss.

The jury might then find someone liable at 50%, and the damages are given. However, come companies can appeal this as well if there is a way to do so.

In another instance, the plaintiff fell into a puddle due to an awing that was leaky, losing consciousness and from there developed seizures from the concussion suffered. Before this, style were successful, but then the person lost their job and can’t multitask anymore.  In this case, the jury gave them $12.2 million, which was the largest verdict recorded.

These damages do vary, and they can be argued.

Issues of Proof Issues

Sure, you can get a lot of money, but the big issue here, is proving it.

For example, if the person didn’t see that it was icy outside, and they fell backwards when walking, this can be hard. Sometimes, the defendant can come forward that they were removing it with melting agents and then later on, more proof comes forward that before the fall, there was wetness there, and then after that, the claim was later dismissed because while there was icy there, the plaintiff wasn’t able to prove how much of a patch of it was icy, and how much had the melted agent. In this same case, this also didn’t prove how much they had to remove.

In a second case, the plaintiff slipped and then fell on wet marble floor where they worked. However, the court dismissed this claim simply because owners aren’t required to give immediately solutions when water is brought into a building, nor are they needing to mop this up constantly and they don’t need to give wet mats.

With slip and fall claims, a lot of times the business is not fully liable.

However, in another case, a computer operator got an ankle fracture where they slipped and fell, where the patio was on the business premise. The plaintiff did fight this, and said the patio was the reason, and then the person got 125K out of it.

In another case, the plaintiff was walking on the train platform in the Bronx and they fell and got injured. The platform was owned by the MTA, where they argued negligence, since they allowed the snow and ice to accumulate.

Later, the plaintiff was given $150K for the pain and suffering, and $500K for pain and suffering in the future.

As you can see, these cases do vary, but by contacting a slip and fall attorney, they can help you.

Leave a Reply

Your email address will not be published. Required fields are marked *