Should I pursue a slip and fall case? 30 Answers as of July 11, 2013

The sidewalk and steps outside my job had been painted and when it rains they are slippery. I slipped from the top step and my posterior is swollen on one side (looks like I have a softball attached) and it's black and blue. I had x-rays and nothing is broken but I am still in pain 3 days later. Do I have a case? How much is too much to ask for?

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The Farber Law Group
The Farber Law Group | Herbert G. Farber
First of all, if you are suffering from severe pain several days after the accident, you should seek additional medical treatment. Make sure you get all the treatment you need. It is not uncommon for someone to be involved in an accident and return to the doctor with pain and the physician find that there is a serious injury not detected by the ER doctor like fractured ribs. If your injury is serious, you should consult a personal injury attorney with experience representing workplace injuries and slip, trip & fall cases.
Answer Applies to: Washington
Replied: 6/29/2011
David Hoines Law
David Hoines Law | David Hoines
You do have a claim, the extent or value of which depends on how you heal and whether any residual or permanent injury.
Answer Applies to: Florida
Replied: 6/29/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Sounds like it might be workers comp case.
Answer Applies to: California
Replied: 6/28/2011
Koch Laron Law
Koch Laron Law | Phillip Koch
while slip and falls are difficult to prove, the facts of your case definitely merit pursuing legal action. Slip and falls are basically negligence actions, meaning did the owner of the place(or his employees) act unreasonable or negligent. E.g. if a banana drops in a store and two seconds later you slip on it, its hard to say the owner is at fault, however, if that banana has been sitting on the floor for 45 minutes and no employee has checked on that area or cleaned it up, then the owner probably is liable. In your case, a slippery sidewalk caused by paint is clearly the fault of the owner and/or his employees, as a painted sidewalk should contain slip guard and or the paint should be mixed with sand, which lessens the slippery nature of the cement. Keep a record of all your pains and treatment and see an attorney asap. My firm does personal injury cases.
Answer Applies to: California
Replied: 6/28/2011
Law Offices of Joseph I. Lipsky, P.A.
Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
Having handled numerous improperly painted walkway area cases, it is imperative that you immediately photograph the location of your fall before any changes are made to the painted location. It is also advisable that you consult with an experienced personal injury attorney who may be able to ascertain whether the paint used had the proper coefficient of friction.
Answer Applies to: Florida
Replied: 6/28/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    It sounds like you have a viable workers' compensation claim. In Louisiana, an injured worker is entitled to indemnity (lost wage) benefits after missing 7 consecutive days of work if/when their treating physician has deemed them to be temporarily, totally disabled. The employer (or its insurer) is also responsible for any/all necessary medical treatment, as well as for mileage reimbursement for medical travel.
    Answer Applies to: Louisiana
    Replied: 6/28/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You may have a case but I dont think that your injuries are severe enough to merit the cost and investment of time and effort to prosecute the claim to a worthwhile conclusion. Youll probably need an expert engineer to do friction tests. Your case doesnt sound like its worth it.
    Answer Applies to: New York
    Replied: 6/28/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Slip and fall cases are always difficult. It will depend on the surface and how slick it is. There are experts who can test the surface to tell how slick and dangerous a surface is. It would also be important to know if the company knew that the stairs were a hazard. One thing that might also affect your case is whether you were injured while you were actually working. If so you may be eligible for worker's compensation coverage. If you are eligible for worker's comp you would not be able to sue your employer. I would suggest that you visit with a personal injury attorney. Most will consult with you in person free of charge.
    Answer Applies to: Oregon
    Replied: 6/28/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You have a case if we can show the steps were painted in an negligent manner. As for damages, the case may be worth something but we need to look at the medical records to see if there are any long term consequences from the accident.
    Answer Applies to: Pennsylvania
    Replied: 6/28/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    This sounds like it may be a worker's compensation case. If the steps and sidewalk were painted by the employer, or the employees, it probably is a worker's comp case where the monetary recovery is a set amount.
    Answer Applies to: Virginia
    Replied: 6/28/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    While there may be liability, fortunately for you the damages appear to be minimal. A few days of pain, while annoying, is not worth pursuing damages.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    You probably do have a claim, but it may be a workers comp claim. Whether you have a choice of avenues for your claim depends upon whether the paint work on the step was done by an outside contractor. The value of your claim depends upon how long it takes for you to heal get back to normal. If it's just a bruise and heals fairly quickly, start with a demand for $1,500 and negotiate from there. Good luck!
    Answer Applies to: Oregon
    Replied: 6/28/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    I am only licensed to provide legal advice in the states of Louisiana and Mississippi. As I am not sure in what state you are located or the place where the injury and alleged negligence occurred, I am not fully able to provide you with much advice at this time. Without knowing more information, I cannot adequately address your question.
    Answer Applies to: Louisiana
    Replied: 7/10/2013
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    You may indeed have a case. It all comes down to whether the property owner or the person/company who painted the steps, knew or should have known of the hazard. A jury would likely find it unreasonable to pain steps in a way that they became slippery when it rained. You will want to be sure you know the extent of your injury before you seek compensation. For example, if a doctor tells you that you need weeks of therapy or even surgery, that will increase your damages. You should talk to a personal injury attorney in your area. Most will talk to you free of charge (free initial consultation). They can help you investigate why the steps were so slippery, who was responsible, and how much would be a fair recovery. Good luck!
    Answer Applies to: Florida
    Replied: 2/21/2012
    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: 7/11/2013
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    If the area is maintained by your work and you were on the clock it is a worker's compensation case. If not, I do not have enough facts to judge if it is a case or not.
    Answer Applies to: Alabama
    Replied: 6/28/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    You may have a workmens' compensation claim, because your injury happened on the job. There would not be a personal injury claim, unless the owner of the property is someone other than your employer, and only if they have retained liability under the lease with your employer (doubtful.)
    Answer Applies to: Louisiana
    Replied: 6/28/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You have a workers compensation case and possibility a personal injury case. You should contact a workers comp attorney and PI attorney.
    Answer Applies to: Florida
    Replied: 6/28/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    It appears that you do have a claim in which you should be compensated for your injuries and reimbursed for your medical expenses.
    Answer Applies to: Indiana
    Replied: 7/10/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If they painted the steps/stairs without putting any grit of any kind in the paint, they should expect people to slip and fall when it's wet. It's not going to hurt to contact a personal injury lawyer, as they usually don't charge unless they can get a recovery for you.
    Answer Applies to: Florida
    Replied: 6/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You have a workers compensation claim in the first instance and a separate lawsuit will depend on whether someone other than your employer owns the property.
    Answer Applies to: Connecticut
    Replied: 6/28/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Take photos right away to depict the softball size swelling. Most PI cases are a function of injuries and medical expenses. If you had no lasting injuries and the x-rays were negative, the insurance company will not give you very much. You also have the issue of proving liability which is often difficult for slip and fall cases. You should be able to recover your medical expenses (even if covered by health insurance). Submit copies of the photos and the medical bills and ask for double or triple the amount of the medical bills as your starting point for negotiations.
    Answer Applies to: California
    Replied: 6/28/2011
    West law Office
    West law Office | Russell West
    Slip and Falls are difficult cases as liability is not clear cut. Concrete surfaces can get slick when wet just like when snow and ice get on walkways. It may be difficult to prove liability on the property owner and that you did not use enough caution while walking. However if there is premise liability insurance carried by the owner then they may pay for medical bills regardless of fault but may not pay any additional for pain and suffering. If you did not sustain any serious injury and just bruising that will heal in a week or so you don't have much of a case other than medical bills.
    Answer Applies to: Washington
    Replied: 6/28/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If you were on the job, it is a workers compensation claim against your employer, regardless of liability. If the painters were negligent (you do not give me enough facts to tell) you may have a suit against them. It is too early to tell what to ask for. In workers comp, your employer should pay your medical bills. In both workers comp, or a suit against the painters, if your injuries resolve with no permanent injury, your case isn't worth much. Fi you have a permanent injury, it may be worth something. How much is dependent on how the permanent injury affects your life.
    Answer Applies to: South Carolina
    Replied: 6/28/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    You might have a case for negligence. However, if you were on the job you will have to bring a workers compensation case. Talk to an attorney who can help you decide which type of case to bring.
    Answer Applies to: Utah
    Replied: 6/28/2011
    Anderson & Bliven P.C.
    Anderson & Bliven P.C. | Scott Anderson
    Whether or not you may recover any amount for your damages depends on whether or not the premises owner was negligent and violated a duty they had to you. You should contact an attorney to discuss your state's laws.
    Answer Applies to: Montana
    Replied: 6/28/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    I would not touch your case personally. It's not a great case. Maybe some hungry lawyer would take it, but most would not. Injuries and liability would preclude me taking it.
    Answer Applies to: Florida
    Replied: 6/28/2011
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