“Slip and Fall” – Frequently Asked Questions!

“Slip and Fall” – Frequently Asked Questions!

What is a “slip & fall” ? –  it is a claim or case based on a person slipping (or tripping) and falling.  It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip.

What is a hazardous or dangerous condition; and who is responsible for it?  –  A “hazardous or dangerous condition” is a situation where there is a potential for injury.  Hazardous or dangerous conditions can be permanent (such as a broken stair) or temporary (as in the case of ice on the sidewalk).

Who is responsible for a slip and fall accident? The owner or the person injured? –  Both the property owner as well as the injured person can be held to varying degrees of responsibility for an injury.  The property owner has a responsibility to keep property safe.  Each person has a duty to watch where they are going, as well as realize that there are things that fall or spill onto walking surfaces.

What is “comparative negligence?”  –  Comparative negligence relates to your own responsibility in the accident, in comparison to the property owners’ responsibility.  A court will establish a percentage of liability for each party.  The percentage of liability determines the percentage of the resulting damages each party must pay.

What information is an insurance adjuster looking for?  –  The insurance adjuster will attempt to establish if there’s an injury and what your responsibility was in the fall.   He may attempt to resolve (settle) the case immediately.  He may ask you a series of questions such as: the extent or type of injury,  what were you doing just before the accident,  warnings that may have been ignored, whether you had a reason for being in the area.  It is generally not in your best interest to speak to or sign anything from an insurance adjuster without having first consulted and reviewed the specifics of your case with a personal injury attorney!  Click here to contact the Law Offices of John E. Kusturiss, Jr., P.L.L.C.

Does an accident report have to be filled out at the time of the fall? Ideally, an accident report should be completed at the time of the incident.  It should note what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting.  If a report is not completed at the business location or if the fall occurred at private location or was not observed by others, be sure to compile a record of what happened yourself.   Include information such as: a description of the circumstances, who was present, the comments made by those who saw or helped after the fall, and if possible take photos of the area.  If you were physically hurt, have your injury checked out immediately to help substantiate your claim!

What compensation might I be eligible for?  –  Compensation for a slip and fall accident includes recovery of medical bills, wage loss, pain and suffering, and potential future medical expenses.

If you or someone you love has been involved in a slip and fall, contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today for a free consultation.  With more than thirty years experience, we are ready and able to assist you with your claim!





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