Do slip and fall cases win ever? 21 Answers as of August 28, 2015

Do slip and fall cases win ever? What if they were extremely rude and there wasn't a sign or anything and a very unsafe environment?

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
These are tough cases in Michigan. The law here indicates that if a condition is "open and obvious upon casual inspection" that the property owner has no duty to warn or clean up the condition as those encountering it can see it and avoid it. There are a few exceptions to this "rule", so you need to have your specific facts reviewed by local counsel that regularly handles these type matters for a better analysis. Also the open & obvious rule only applies to a premises owner and if the condition was created by someone else, the law would explore the negligence of the parties and compare that negligence relative to any award of damages.
Answer Applies to: Michigan
Replied: 5/29/2015
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: 5/26/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes, slip-and-fall victims do often collect. Since the injuries from this kind of accident are usually not great, they won't make the victim or the lawyer rich, and some lawyers will not take relatively small cases. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/26/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Sure, but it depends on the facts of each case and whether you can prove liability. Just because you are hurt on someone's property, doesn't necessarily mean they are automatically liable. You have to prove they did something wrong. Good luck.
Answer Applies to: Alabama
Replied: 5/26/2015
Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
Although they are unusually challenging, slip and fall ("premises liability") cases do win sometimes. In premises liability cases success for the client often is greatly dependent upon the facts of the case. For example, was there a prior similar accident at the same place? Did the owner of the premises have prior complaints? What were the conditions of the premises, weather, time of day, etc. at the time of the accident? What are the injuries suffered by the person who fell? What is that person's physical health? Vision? Ability to walk? Run? Other facts are important too. Contact an injury lawyer by telephone to talk about your potential case.
Answer Applies to: Utah
Replied: 5/26/2015
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes you can win these type of cases, but they are more difficult as the law disfavors slip and fall cases. Contact an attorney for advice to see if you have a viable case.
    Answer Applies to: California
    Replied: 5/26/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    premises liability cases (slip and fall/ trip and fall) are very tough, especially in Michigan. Their rudeness has nothing to do with it. It is strictly based on whether or not you can prove that the property owner breached any responsibility owed to you, and whether or not you could have avoided the incident by paying attention. You might find it helpful to contact a lawyer.
    Answer Applies to: Michigan
    Replied: 5/26/2015
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    You should definitely consult an attorney.
    Answer Applies to: Alabama
    Replied: 5/26/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Sure they do. The rudeness doesn't count, though. Get a lawyer who is experienced in these things.
    Answer Applies to: New York
    Replied: 5/26/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Yes it is possible, you have to be injured. You have to a medical bill.
    Answer Applies to: Utah
    Replied: 5/26/2015
    Law Offices of George H. Shers | George H. Shers
    Sure slip and fall cases can be won and are all the time. Juries tend to be cheap in how much they will award, but each case depends upon its own facts. Speak to some local attorneys who handle such cases to see what they think the case is worth.
    Answer Applies to: California
    Replied: 5/25/2015
    End, Hierseman & Crain, LLC | J. Michael End
    Yes, slip and fall cases can win. It will depend on the facts of the case. I suggest that you find a good personal injury lawyer to look into the case for you. The statute of limitations in Wisconsin is three years.
    Answer Applies to: Wisconsin
    Replied: 5/25/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Slip and fall or trip and fall? There is a difference. Slip and fall cases are fought hard and your burden is to show a dangerous condition. You need a competent personal injury lawyer to get any result in these type of cases.
    Answer Applies to: California
    Replied: 5/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes, there are successful slip and fall cases. I resist the temptation to address non issues and issues without any evidence.
    Answer Applies to: California
    Replied: 5/25/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    These cases are very fact-specific. I'd need a lot more detail. In Michigan, there's been an onslaught of law against slip-and-fall victims. For instance, if the hazard was open and obvious, such that anyone should have been able to see it, you generally can't win. There are exceptions, and, of course, the issue of whether a given hazard was open and obvious is debatable. That's one reason I say I'd need more facts. If the injury is serious, the matter is certainly worth discussing in detail. Slip and fall claimants still can win, if it's handled right.
    Answer Applies to: Michigan
    Replied: 5/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes they do in the right circumstances. See an attorney with the details.
    Answer Applies to: Michigan
    Replied: 5/25/2015
    Lloyd H. Thomas III P.C. | Lloyd H. Thomas III
    Yes, they certainly do win. However, they are very fact specific cases and need to be handled by an experienced personal injury attorney. Under no circumstances should you give a recorded statement to the representatives of the property.
    Answer Applies to: Georgia
    Replied: 5/25/2015
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You can succeed in a slip and fall case if the property owner had notice that the condition existed before you fell. They must either be actually aware that the condition existed or it had to have been there for a long time and they reasonably should have known the condition existed. Contact an attorney to discuss the facts of your individual case.
    Answer Applies to: New York
    Replied: 5/25/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    We win slip and fall cases all the time. Talk to a local attorney about your case.
    Answer Applies to: Alabama
    Replied: 5/25/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/28/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Slip and fall cases are very difficult but are also winnable depending on the circumstances. Both sides have a duty to use reasonable care. You should consult with a lawyer to best build your claim.
    Answer Applies to: Connecticut
    Replied: 5/25/2015
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