Can a paint slip and fall personal injury case be valid? How? 16 Answers as of June 05, 2015

Would someone who claims that they slipped on paint that is on concrete actually have a legitimate personal injury case? I am the one being accused.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answer Applies to: California
Replied: 6/5/2015
Gates' Law, PLLC | Thomas E. Gates
Not likely. The key to their case would be to show that your were negligent in some fashion. Painted floor surfaces have been around a long time and no one seems to have gotten hurt walking over them.
Answer Applies to: Washington
Replied: 6/5/2015
Walpole Law | Robert J. Walpole
Yes, you might be determined to be liable. Slip and fall cases have certain legal defenses that may be helpful to you such as whether the condition causing the fall was open and obvious to the injured person. Good luck.
Answer Applies to: Oklahoma
Replied: 6/5/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Technically, yes. Some paint not only is slippery, but it also holds moisture on its surface, creating a hazard, My office obtained an extremely large verdict in such a case. The burden is on the victim to prove 1) that in fact there was a defect, and what it was; 2) that you caused it, or were aware of it and had an opportunity to correct it; 3) that the victim was unable to see it or otherwise was unable to avoid it; 4) that the defect CAUSED them to fall; 5) what physical injuries resulted from the fall; and 6) what damages resulted from those injuries (like lost wages, medical bills, etc.)
Answer Applies to: Michigan
Replied: 6/5/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, turned the claim over to your insurance company and/or a lawyer. Good luck.
Answer Applies to: Alabama
Replied: 6/5/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Did they report the accident to you? Were you aware that someone had slip and called on your property and the reason why? Have they filed a claim with your insurance company. Yes they can file but do they have proof of injury and that you were negligent.
    Answer Applies to: Utah
    Replied: 6/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It's possible. It depends on whether or not you were negligent, and to what extent the injured person was or was not looking out for his/her own safety. One way to reduce your liability is to put up a warning sign, such as 'Slippery: wet paint' or whatever other warning is applicable. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/5/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    It's possible based on what the facts are.
    Answer Applies to: New York
    Replied: 6/5/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Quite definitely, especially if you (or the painter) used the wrong kind of paint. All landowners are required to keep their property in reasonably safe condition. It is not reasonable to create or permit slippery conditions, whether due to paint, buildup of ice or failure to clean up spillage.
    Answer Applies to: New York
    Replied: 6/5/2015
    Pettit Kohn Ingrassia Lutz
    Pettit Kohn Ingrassia Lutz | David Halm
    Yes, any slip and fall personal injury case can be valid although that does not mean the person who claims s/he slipped will win his/her case. There are numerous factors such as how long the paint was on the ground, the size and color of the spill, whether there were any warnings about the spill, whether there was actual injury and if so whether the injury was caused from the fall and whether there was any negligence by someone else including the plaintiff. You should immediately notify your insurance company or agent and contact a lawyer.
    Answer Applies to: California
    Replied: 6/5/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    It comes down to a question of whether it was reasonable to paint the concrete and whether the surface was unreasonably slippery.
    Answer Applies to: Connecticut
    Replied: 6/5/2015
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If the area is one that should be slip resistant, and the paint makes the area slippery (which can be even more likely if the painted area gets wet), someone who slips and falls may have a valid claim. If you have liability insurance for the property, you should contact your insurance company.
    Answer Applies to: North Carolina
    Replied: 6/5/2015
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If they can prove negligence.
    Answer Applies to: New York
    Replied: 6/5/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    If there is a dangerous condition, then there may be liability. There are a # of "rules" relative to Michigan premises liability claims that are dependent on the exact facts, so it would be instructive for you to consult your insurer and ask them to give you input and/or for a lawyer from their legal department to give you some input. Alternatively, you can obtain a consultation with local counsel to explore the exact facts of the matter and to give you an opinion.
    Answer Applies to: Michigan
    Replied: 6/5/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    It depends on a lot of factors. The burden is on the claimant to establish a dangerous condition to even prosecute the claim. If this is a serious claim tender the matter to your Homeowners insurance if the incident happened on your property.
    Answer Applies to: California
    Replied: 6/5/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes, but it depends on the totality of facts. There must be unreasonableness in relation to a standard of care, a breach of duty, and proximate cause thereby of damages.
    Answer Applies to: California
    Replied: 6/5/2015
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