Who is responsible for my wifes slip and fall personal injury? 31 Answers as of February 21, 2012

My wife was leaving work when she slipped on excessively wet floor. There was one sign posted about 100 feet before the wet area. After the fall, a guy cleaning the floor would not help her and could not speak English. The cleaning crew is outsourced. She is receiving workers comp now but say no compensation for pain and suffering may not be able to do her job again.

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
She potentially could sue the cleaning company but it would be difficult case since we hurt on the work premises.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
Either the cleaning company, landlord, management company, maintenance company may have some liability. You should have someone investigate this further for you.
Answer Applies to: Indiana
Replied: 5/25/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
There are two issues involved in this question. First, was there negligence. The owner operator of premises (or in this case, possibly the cleaning crew working on the premises) is not automatically liable if someone slips and falls on the premises. The owner (or crew) must be negligent. Mopping a floor, in of itself is not negligent. It may be if you fail to post warning signs. You mention that a sign was posted. You would have to show that the sign was inadequate to put people on notice. The second issue, if there is negligence, is whether it the employer was negligent, or whether some third party was negligent. Sometimes, under workers compensation laws, independent contractors are deemed "statutory employees" of the company they contract with, which would mean you cannot sue the third party contractor if that doctrine applies. However, I do not believe this doctrine would apply in your situation to prevent you from suing the cleaning crew if it was negligent. The bottom line is, this is a complex issue that should be investigated by an attorney.
Answer Applies to: South Carolina
Replied: 5/23/2011
David Hoines Law
David Hoines Law | David Hoines
In whose employ was the worker who was doing the mopping? Was it a subcontractor or employee of your wife's employer? If so, then her sole remedy is workers compensation. If not, a claim can be made against the subcontractor, provided it has insurance.
Answer Applies to: Florida
Replied: 5/19/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
She may have a chance to sue the third party cleaning company. Have your case reviewed by counsel in your area. Stay well.
Answer Applies to: Alabama
Replied: 5/19/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    I would look into the outsource company. They are liable on a third party theory.
    Answer Applies to: Alabama
    Replied: 5/19/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    If the employer owned the premises where she slipped and fell then workers compensation is the only remedy. If there is a third party owner of the building, your wife may have a separate claim (and you would too for that matter) against the landowner if she could prove that there was a dangerous condition which caused her fall.
    Answer Applies to: Florida
    Replied: 5/18/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Contact a personal injury attorney, but more than likely it is work comp only.
    Answer Applies to: California
    Replied: 5/18/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If this matter occurred during an on the job injury I would suggest you contact a worker compensation firm who also combines personal injury work.
    Answer Applies to: Oregon
    Replied: 5/18/2011
    Leone, Throwe, Teller, & Nagle
    Leone, Throwe, Teller, & Nagle | Adam J. Teller
    In Connecticut, an employee who is injured on the employer's premises cannot sue the employer and is limited to workers compensation. However, if a third party contractor's negligence caused the injury, the third party may be sued for damages by both the employer and the employee, and the employer has a right to seek reimbursement for workers compensation benefits from the total recovery. This means that the employer (or its workers compensation insurer) may have an interest in cooperating to bring such a claim. Your wife should contact an attorney who is knowledgeable in personal injury and workers compensation matters as soon as possible to investigate her rights.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Depending on the details, you may be able to sue the subcontractor. Workers' compensation immunity applies to the employer, but generally it does not apply to third parties. There are other exceptions to workers' compensation immunity which could potentially apply. Good luck.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Claim against cleaning company. You may have to subrogate with WC.
    Answer Applies to: Alabama
    Replied: 5/18/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    She should bring a 3rd party claim against the the cleaning company.
    Answer Applies to: Delaware
    Replied: 5/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is a WC case but there is still the ability to sue third parties who may be responsible for the slippery conditions for the P&S damages. Would have to know more facts however the employer would also have a lien on any proceeds from such a case and could also intervene in such a case in order to recoup what they paid in WC benefits. So the employer would also be motivated to explore third party liability.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    In NC you can sue the third party outsourced dude but not your employer. That is what the worker comp is for. Call me. By the way if your wife has permanent injuries as you suggest she has, she will get a lump sum (modest) because of the permanency.
    Answer Applies to: North Carolina
    Replied: 5/18/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    She may be able to sue the landlord or cleaning company.
    Answer Applies to: Maryland
    Replied: 5/18/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    More than likely, your wife's recovery for her injuries will be limited to workers compensation. In Utah, any on-the-job injury is covered by workers compensation. If the accident was caused by a third-party (i.e., somebody other than the employer), she may have a claim against that third-party. However, if she can't find a responsible third-party she will have to go through workers compensation.
    Answer Applies to: Utah
    Replied: 5/18/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    I think you need to consult with a good worker's compensation attorney, because if your wife might not work again, a good WC attorney probably will be able to get her declared PTD (permanent totally disabled) for which she will received compensation benefits. That attorney will also be able to look into the possibility of a personal injury claim, depending on who owns the building where your wife worked, etc. See an attorney.
    Answer Applies to: Florida
    Replied: 5/18/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    You should consult with an attorney who is familiar with WC law. Generally if the injury is work related or within the scope of work you cannot sue the employer.
    Answer Applies to: Connecticut
    Replied: 5/18/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    Sorry to hear that. There may be a workers compensation claim, as well as a third-party claim against the cleaning company.
    Answer Applies to: Massachusetts
    Replied: 5/18/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    She has a workers compensation case against the employer and a personal injury case against the company cleaning the floors.
    Answer Applies to: Florida
    Replied: 5/18/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    We are sorry to hear of your wife's situation. It would appear that you wife may have a claim against the cleaning company for their negligence. We would strongly recommend that your wife consult with an experienced personal injury attorney as there are many facts which need to be discussed and investigated. We offer free consultations on cases such as yours.
    Answer Applies to: Florida
    Replied: 5/18/2011
    Law Office of William R. Falcone, Esq.
    Law Office of William R. Falcone, Esq. | William R. Falcone
    The type of recovery you are seeking can only be accomplished through a third party claim. That would include any party other than your employer or co-workers of yours. It will take an experienced personal injury attorney to investigate and evaluate the facts relating to the various potential parties. That being said the cleaning service is an obvious 3rd party that may have some responsibility in this case. I have written a series of articles on the topic of personal injury law for the lay person that you can google me to locate. They will help you to understand the law better. However, the big factor in your case is that in Colorado in order to support a successful 3rd party claim you must show that your wife is less than 50 percent at fault. This is always a challenge in slip and fall cases. I hope this helps and good luck in resolving your claim.
    Answer Applies to: Colorado
    Replied: 5/17/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Your wife should speak to a personal injury attorney who is knowledgeable about workers compensation. If she was leaving work, its arguable that she was not in the course and scope of her employment and she would not be limited to workers comp recovery. But someone more knowledgeable about workers compensation may know if there is case law indicating whether workers comp applies if you are still on the premises of the employer on your way home.
    Answer Applies to: California
    Replied: 5/17/2011
    West law Office
    West law Office | Russell West
    Slip and Fall accidents can be difficult to assign liability to someone or a company. If there is premise liability insurance then generally medical bills will be paid but not necessarily pain and suffering. Since this was an on the job injury it sounds like workers comp is paying for medical bills and lost wages but that will be the extent. If your wife has a permanent disability there should be a settlement that will take the percentage of disability into account. This would be separate from being called compensation for pain and suffering.
    Answer Applies to: Washington
    Replied: 5/17/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Certainly a worker's compensation claim is one component. However, if the floor cleaning company was negligent in the way it cleaned the floors or the warnings it gave, it could be responsible for your wife's losses, too.
    Answer Applies to: Oregon
    Replied: 5/17/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    She may be able to make a claim against the company that employed the cleaners, and she may be able to make a claim against the landlord, if the landlord is a different company than her employer. Feel free to call me if you would like some help with this.
    Answer Applies to: Oregon
    Replied: 5/17/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    If she was hurt at work, a workers' compensation claim is her exclusive remedy against her employer. In other words, she can't sue her company. However, she can sue co-workers and/or third parties who were responsible for the conditions that made her get hurt at work. If you have any questions or need representation, feel free to contact my office.
    Answer Applies to: Missouri
    Replied: 5/17/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    You may have a claim for personal injuries (above and beyond workers' compensation) against the outsourced cleaning company as well as the owner of the premises. You should contact a qualified personal injury attorney with experience in slip and fall injuries. Please feel free to give us a call.
    Answer Applies to: Colorado
    Replied: 5/17/2011
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