Can I sue for my Slip and fall injury? 55 Answers as of July 11, 2013

I have a shoulder injury that will require surgery. I am covered for workman’s comp. by my employer but it happened on someone else’s property and by their employee’s negligence. How long do I have that I can sue the third party?

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The S.E. Farris Law Firm
The S.E. Farris Law Firm | Spencer E. Farris
Yes, you can sue the property owner separately from your workers’ compensation case. You should not wait to begin the process until your workers’ compensation matter is over, as evidence will be harder to gather the longer you wait. The statute of limitations for a slip and fall in Missouri is five years typically. If the property was owned or managed by a state or a federal government entity, however, there are often notice requirements that are much shorter- a matter of weeks!
Answer Applies to: Missouri
Replied: 7/29/2011
Riley Law Firm
Riley Law Firm | Timothy Dennis Riley
Two years.
Answer Applies to: Texas
Replied: 7/21/2011
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
2 years in Delaware but you should wait that long.
Answer Applies to: Delaware
Replied: 7/4/2013
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
In Florida, you have 4 years. Talk with your comp attorney about referring you to a personal injury attorney is he or she doesn't handle personal injury cases.
Answer Applies to: Florida
Replied: 7/11/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
There may be a "third party liability" action for this case. You have 5 years to sue for a "premises liability" case.
Answer Applies to: Missouri
Replied: 7/4/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    How is it that you are covered by your workmans comp carrier through your employer. If this was a work related injury, then comp is your only remedy.
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Virginia slip and fall injuries usually are governed by a two year statute of limitations. You should be aware that the worker's compensation carrier will probably assert a lien against any personal injury recovery. Slip and fall injury claims are complicated and an experienced injury attorney can help you present your claim effectively. Don't wait until the end of your limitations period to act. Evidence needs to be gathered and preserved and delay only helps the defendant.
    Answer Applies to: Virginia
    Replied: 7/7/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Yes, you may seek redress against the other employee and the property owner. Contact and consult with an attorney who handles slip and fall and accident matters.
    Answer Applies to: Indiana
    Replied: 7/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You may be able to sue. Both the owner and operator of property have responsibilities to passersby not to cause injury through negligence. You should consult with an attorney immediately.
    Answer Applies to: New York
    Replied: 7/7/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Two years in Alabama. If you have any questions, give me a call.
    Answer Applies to: Alabama
    Replied: 7/7/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can sue the third party. You have three years from the date of the accident to sue, unless the third party is a government entity or charity, in which case you have two years. Good luck.
    Answer Applies to: South Carolina
    Replied: 7/7/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Yes, you can bring a claim against the negligent third-party. In fact, this is referred to as a third-party claim under worker's compensation. There are some things to do in order to bring a claim. You would need to file what's called a "notice of election." You should speak to an attorney about timelines, requirements, etc., as soon as possible to protect your claim.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You have 2 years from the date of injury to sue the homeowner or other 3rd party. The worker's compensation carrier be entitled to an offset if you recover any benefits from the 3rd party. We are familiar with these cases and can help if you want.
    Answer Applies to: Pennsylvania
    Replied: 7/7/2011
    Law Offices of H. Christopher Coburn
    Law Offices of H. Christopher Coburn | H. Christopher Coburn
    From your description it sounds like you may well have a personal injury claim. In general you have 2 years from the date of the injury to file a lawsuit. Slip and fall cases tend to be difficult. You should speak with an attorney.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    There is a four year statute of limitations on negligence cases in Florida. Because of the complex issues involved in cases in which there is also a workers compensation claim, we strongly recommend you consult with a firm like ours, which only handles personal injury cases.
    Answer Applies to: Florida
    Replied: 7/7/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    There are exceptions to the rule, but generally speaking, a person has one year from the date of their accident within which to file a lawsuit.
    Answer Applies to: Louisiana
    Replied: 7/6/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    You can definitely sue the third party that caused your injury. You have 2 years from the date of the accident to file suit.
    Answer Applies to: California
    Replied: 7/6/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Under normal circumstances, you have 3 years. Typically, L&I will contact you and ask you to make an election. Either they will ask you to give your claim over to L&I to bring on your behalf; and they will hire an attorney and pay you any settlement or judgment based on a complicated computer formula. Alternatively, you can hire your own attorney; but agree to reimburse L&I out of any settlement - again, based on that formula.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    The question is not how long you have to sue. The question is how quickly can you start to have an investigation so that the evidence is as fresh as possible, including the workers compensation carrier's file. Never delay on a matter like this.
    Answer Applies to: New Hampshire
    Replied: 7/6/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    The statute of limitations in Oregon for slip and fall is 2 years. If the third party is a public body be sure to send a tort claim notice within 6 months as well or else you will probably lose your right to sue.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Usually 2 years from the date of injury in Oregon.
    Answer Applies to: Oregon
    Replied: 7/4/2013
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You have 4 years in State of Florida to bring a personal injury lawsuit. You should get a workers compensation attorney and a personal injury attorney.
    Answer Applies to: Florida
    Replied: 7/6/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Yes, you should be able to file a lawsuit against the responsible party so long as that is not your employer. There may be some exceptions, but you should talk to a lawyer who can get specific information about the details of what happened, the relationship (if any) between the responsible party and the employer, and other issues. You generally have four years from the date of the accident to file a lawsuit in Florida. But don't wait until you get anywhere near that deadline. You should talk to a lawyer right away so you can be sure to take all necessary steps to preserve your rights and obtain fair compensation.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    In Texas you have two years from the date of the accident. Note that your workers comp carrier will have a lien against your third party settlement. When you settle your claim against the third party, you will need to negotiate with your workers comp carrier to pay back their lien.
    Answer Applies to: Texas
    Replied: 7/6/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    The statute of limitations in WA is three years. You must file before the expiration of that time.
    Answer Applies to: Washington
    Replied: 7/4/2013
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    In a case like this, the statute of limitations would likely be four years; however, under some circumstances (such as involving a governmental entity), the statute of limitations may only be one year.
    Answer Applies to: Utah
    Replied: 7/6/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    The statute of limitations in Utah is four years. In order to win a slip and fall case, you have to show that there was an unsafe condition on the property where the fall occurred. If the unsafe condition was temporary, you have to show that the business knew or should have known about it.
    Answer Applies to: Utah
    Replied: 7/6/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    You have one year to sue a third party but if you were at work workmen's comp is your sole remedy.
    Answer Applies to: Tennessee
    Replied: 7/11/2013
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    If the property owner was negligent in a way that caused your injury, then you may have a good claim against the property owner. You have two years to sue the property owner, but you must formally notify the comp carrier of you intention to do so. If you do not, the comp carrier can make a claim on your behalf to recover the benefits they paid you. If the comp carrier makes the claim, then as a practical matter you are unlikely to receive much, inf anything at all, for yourself. You should contact a lawyer who handles both comp cases and personal injury cases.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Yes, you can file a lawsuit for a slip and fall injury such as you described as long as you do not sue your own employer or a co-employee. There is a two year statute of limitations in Georgia for filing personal injury actions such as this. You should be aware that the Workers' Comp carrier has a subrogation claim for the money it paid to you or on your behalf and may try to get reimbursement out of the proceeds of any recovery on your injury lawsuit.
    Answer Applies to: Georgia
    Replied: 7/6/2011
    David Hoines Law
    David Hoines Law | David Hoines
    You may have a claim you generally have 4 years from the date of the accident to file a claim.
    Answer Applies to: Florida
    Replied: 7/4/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Two years from the date of the injury. Talk to your w/comp attorney.
    Answer Applies to: California
    Replied: 7/4/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    3 years from date of injury.
    Answer Applies to: North Carolina
    Replied: 7/4/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It is possible, and you comp carrier would have a lien on the claim to the extent of their outlay, but it really depends on your damages. You have three years to sue on a slip and fall.
    Answer Applies to: Michigan
    Replied: 7/6/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you can sue for your slip and fall injury. The question becomes who will you be suing and what is the likelihood that you will be successful. In Louisiana, there are several statutes that protect certain types of establishments, such as merchants. Additionally, because you were in the course and scope of your employment, there are issues with workman's compensation that must be addressed as well. In Louisiana, one typically has 1 year from the date of the incident to sue a liable/ negligent party.
    Answer Applies to: Louisiana
    Replied: 7/6/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    You have, generally (and there are exceptions) three years from the date of injury to file a third-party action.
    Answer Applies to: Massachusetts
    Replied: 7/4/2013
    Brown, Moore & Associates, PLLC
    Brown, Moore & Associates, PLLC | Jon R. Moore
    Three years from the date of injury.
    Answer Applies to: North Carolina
    Replied: 7/4/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    North Carolina has a 3 year statute of limitations for a negligence case like yours. That is the time in which suit must be filed.
    Answer Applies to: North Carolina
    Replied: 7/6/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes, you can sue a third party for its negligence. Assuming it is a private entity, you have 3 years to sue from the date of the accident. I am a former federal and State prosecutor and now handle personal injury cases so I would be happy to discuss the case with you. Feel free to check out my web site and contact me.
    Answer Applies to: New York
    Replied: 7/6/2011
    Anderson & Bliven P.C.
    Anderson & Bliven P.C. | Scott Anderson
    If the premise's owner was negligent, and did not keep the premises in a reasonably safe condition and that condition caused your injuries, you may have a separate cause of action against the premise's owner. For personal injury claims in Montana, the statute of limitations is typically three years but many claims can be resolved through settlement without filing suit if they are addressed soon enough. You need to speak with an attorney to thoroughly evaluate your case and review the facts. I would be happy to discuss your case with you if you would like.
    Answer Applies to: Montana
    Replied: 7/6/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Morris Lilienthal
    Under Alabama law you can file what lawyer's call a third party case. This situation occurs when someone is injured on the job as the result of some 3rd pty's negligence. For example, if you are driving the company truck and going through an intersection and another driver runs a red light and causes you injuries you have both a Workers compensation claim and a third party claim against the driver of the other vehicle. Your workers compensation carrier should be placed on notice of this third party suit as they have a subrogation right to recoup what they have paid on your behalf and to you in medical bills, wages and disability. The general statute of limitations for a negligence claim in Alabama is two years; however, there can be some exceptions. I would recommend you speaking with an experience Alabama personal injury lawyer. Best of luck.
    Answer Applies to: Alabama
    Replied: 7/6/2011
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    The statute of limitations is 2 years from the date of the injury unless it involves a government entity. If so, you must make a government claim within 6 months of the date of the accident. You indicate you were on premises of someone beside your employer at the time of the accident. What caused you to fall? What type of injuries did you sustain?
    Answer Applies to: California
    Replied: 7/6/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Generally speaking, you will have 2 years from the date of the accident to file a claim under the premises liability statute for a slip and fall injury. There are exceptions to this - some as short as 180 days. It depends on the identity of the owner, manager, tenant, maintenance company or anyone who may have had control or custody of the premises at the time. So, while the general rule is quite simple, the exceptions can be complex. You would be wise to consult with a qualified injury attorney who has experience with slip and fall cases.
    Answer Applies to: Colorado
    Replied: 7/6/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    4 years from the date of the incident in Florida if a claim for negligence against the 3rd party.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    2 years is the statute of limitations in Idaho.
    Answer Applies to: Idaho
    Replied: 7/4/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 7/4/2013
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    Yes, you can sue for a slip and fall injury that was caused by a third party, notwithstanding the fact that you are covered by workman's compensation. You must file suit within two years of the date of the accident or your claim will be forever barred thereafter.
    Answer Applies to: Illinois
    Replied: 7/6/2011
    The Reed Law Firm, P.L.L.C.
    The Reed Law Firm, P.L.L.C. | Vanessa Reed
    Yes, you possibly have a third party negligence case. Further information is required, so I recommend that you speak with an attorney concerning the specific facts of your case.
    Answer Applies to: Virginia
    Replied: 7/6/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    In the State of Washington, you have three years from the date of the injury before you are time barred by statute from suing the at fault party.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Van Sant & Slover LLC
    Van Sant & Slover LLC | David Van Sant
    Yes you have both a personal injury claim and workers comp claim.
    Answer Applies to: Georgia
    Replied: 6/26/2013
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