Who is responsible for my injury from falling on ice in the parking lot where I work? 12 Answers as of April 22, 2014

A month ago, as I was walking to my van in the parking lot of the building my employer rents space in, I slipped on ice and fell and slammed my face into the side of a car, then fell back onto my rear reaching out with my rt arm to break my fall. I ended up with a cut nose, black eye and bruised knee. I went to the Doctor the next day and x-rays were taken to make sure nothing was broken and that I did not have a concussion. Nothing was broken, only bruised via the X-rays. A few days after the fall, my right arm started to feel heavy and I had a sharp pain in my shoulder pain. Over the course of a few weeks, the pain and now numbness in my rt arm increased, and I had an MTI. It indicated that I have a torn rotator cuff and some bulging discs, believed to have been caused by my fall. Is the landlord responsible? The parking lot was not plowed the day before due to a malfunctioning security arm. But tenants cars drove in and packed down the 4+ inches of snow that fell the day before my fall. With the below zero temps, the parking lot became very icy. There was no salt thrown down that I could see. I called the property manager to file an accident report, but he said with the freezing cold temperatures, no one was at fault, and his liability carrier would say, "that's the kind of winter it’s been"! I work part time and when I don't work I don't get paid. I will be out of work for at least 10 days with my arm in a sling after the surgery. I have co-pays for Doctors visits, surgery and physical therapy. What can I do?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Winter in Michigan? Your fault.
Answer Applies to: Michigan
Replied: 4/22/2014
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: 4/21/2014
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 4/21/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Depending on which owner was responsible for clearing the ice it could be your employer (workers' comp) or the property owner (separate tort claim).
Answer Applies to: Iowa
Replied: 4/21/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If you cannot prove liability, and the owner has premises liability insurance with a medical payments provision, then it may pay for your medical bills only.
Answer Applies to: Alabama
Replied: 4/18/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Slip and fall cases are detested by judges, juries, lawyers and insurance companies . weather is an "act of God" and may be a defense. If the weather was bad and no one had an opportunity to correct the problem that could be a problem. if you weren't looking where you were going that could be a problem. see a good PI lawyer for full review.
    Answer Applies to: North Carolina
    Replied: 4/18/2014
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    This may be pursuable. Slip and fall laws are tough, particularly with snow and ice. But, the facts are certainly worth discussing, to see if the matter can be pursued.
    Answer Applies to: Michigan
    Replied: 4/18/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    There must have been a delay in posting. The questions on this site are anonymous, but there can't possibly be two people who have had the exact same accident as the person I spoke to on the phone last night.
    Answer Applies to: New York
    Replied: 4/18/2014
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    Contact a personal injury lawyer. You can still file a claim for your injuries.
    Answer Applies to: New York
    Replied: 4/18/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    There may be a workers' compensation case and a potential claim against the owner of the parking lot.
    Answer Applies to: Illinois
    Replied: 4/18/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    In Illinois you MAY have a worker's compensation claim about which you should speak further with a lawyer .
    Answer Applies to: Illinois
    Replied: 4/18/2014
    Gates' Law, PLLC | Thomas E. Gates
    You need to retain a personal injury attorney. While it may have been a bad winter, past years will show how or if the owner took care of his parking lot.
    Answer Applies to: Washington
    Replied: 4/18/2014
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