New York Personal Injury Lawyer Announces Settlement for a Slip and Fall in a Stop and Shop Supermarket March 27, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: Fall in a supermarket, New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stop & Shop slip and fall, Supermarket Case
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A Queens woman slipped and fell at a Stop & Shop in Nassau County and suffered a tear of the rotator cuff in her left shoulder and a soft tissue injury to her neck and low back. The woman asked us to help her get compensation from the store for her injuries. We conducted an investigation, collected and analyzed the woman’s medical records, produced a detailed Case Assessment and then presented a Settlement Proposal to the claims management firm for Stop & Shop. After negotiating with the claims manager, we reached a settlement that provided good value for our client in less than a month after she concluded treatment for her injuries. The best part of the case came from hearing my client scream with joy over the settlement.
The Facts of this Supermarket Slip and Fall Case
The woman, who lived in Far Rockaway, went grocery shopping at a Nassau County Stop & Shop supermarket. As the woman walked along the freezer aisle, she slipped and fell on a puddle of water. The water came from a leak in the freezer.
Our client lay on the floor in pain particularly in her right knee, left shoulder and left hand. Her friend helped the woman up. The store manager brought her a chair and some water and repeatedly apologized for the puddle. Our client opted not to go directly to the hospital, but by the next morning she experienced such pain that she went to the emergency room where she began what turned into months of treatment.
Proving Negligence in a Supermarket Slip and Fall Case
We handle many supermarket slip and fall cases from throughout the Long Island and the New York metropolitan area. There are a couple of key issues to address in proving negligence in a supermarket slip and fall case:
- Do you know what caused you to fall? This issue may seem obvious, but we hear from people who fell and do not know what caused the fall. To pursue compensation, you need to know what caused you to fall. It might have been a puddle or spilled produce or cartons strewn in an aisle, but you need to be able to say definitively what caused your fall.
- Did the store create the hazard? If the store created the hazard, the store is responsible for the hazard it created. For example, if a puddle forms from a leak from a freezer or refrigerator unit or a sprayer in the produce area, then the store created that hazard. If a grocery store fails to keep the produce area clean and allows fruit and vegetables to lie on the floor, then the store created the hazard. If an employee leaves cartons unattended and strewn about an aisle, then the store created the hazard.
- Did the store know about the hazard or should they have known? If the store did not create the hazard, then it needs to know about the hazard in advance to be held liable for an injury caused by that hazard. In legal terms, the store needs to have actual or constructive notice of the hazard. Let me use some examples to illustrate this point. If a customer knocks over a display that creates a puddle and someone tells the store management about the puddle, then the store has actual notice. If a customer knocks over a display that creates a puddle in the main aisle and the puddle sits there for a long time (say ten minutes or more), then the store has constructive notice because the store should have noticed. If a customer drops a drink and you immediately slip and fall, then the store has no notice of the hazard. If the store has actual or constructive notice, the store has an opportunity to remove the hazard or warn customers to avoid the hazard. The store can be held liable if it had actual or constructive notice of a hazard that causes a slip and fall injury.
- Did the store warn about the hazard? If a hazard existed, did the store warn customers about the hazard? If an employee mops the floor and creates a hazard with a wet floor, did the store put up a reasonable warning about the wet floor (e.g., putting up yellow warning signs)? In a current case, an employee at a supermarket spilled some olive oil and my client slipped on the olive oil. Had the employee cleaned up the spill or warned customers to avoid the spill, there would not be a problem. The store bears liability because it created the hazard, failed to clean it up and failed to warn customers of the problem.
If you slip and fall in a supermarket and you know what caused your fall, you might have grounds to prove negligence. You will then need to prove that the store either created the hazard that caused you to fall or had notice about the hazard and failed to clean it up or warn customers. We can help by conducting a rigorous investigation that may involve taking photos, producing diagrams, and finding and interviewing witnesses. Our experience and knowledge with supermarket cases allows us to develop cases designed to maximize compensation for our clients.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
www.NYLawThoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Slip and Fall Cases: When You Do Not Have a Case March 15, 2012
Posted by Carol L. Schlitt in Consumer News, Slip and Fall.Tags: New York Personal Injury Lawyer, Slip and Fall, Supermarket Case, negligence case, negligence cases
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We handle many slip and fall cases, particularly slip and fall cases that occur in supermarkets and other stores. I have written about many of these cases in an effort to educate people about successful slip and fall cases. This morning, we received a call from a woman who slipped and fell in a store and wanted to know if she had a case. After speaking with her, it occurred to me that it might be worthwhile writing an article about what is not a case.
The Fact Pattern of a Slip and Fall that Is Not a Negligence Case
A woman called today to ask about a slip and fall she suffered. She was in a big box store on Monday, March 12 when she slipped and fell. This morning (Thursday), she felt some pain in her legs and wanted to know if she could sue the store.
I asked first about her health and she said she had some soreness in her leg and was having some difficulty walking. When I asked about the medical care she had received, she revealed that she had not seen a doctor yet. I urged her to see a doctor as soon as possible to receive the treatment that she needed for her leg.
When I asked what caused her to slip and fall, she said, “I’m not sure, some water was there.” I asked if she had spoken to the store manager or any store employees. She said, “No.”
We were confronted with the following facts:
- The woman was not sure what had caused her to fall.
- The woman had not reported the incident to the store management or personnel.
- Four days later, the woman had still not received any health care treatment.
Based on that information, I told the woman that she did not appear to have grounds to pursue a negligence case.
Conditions Needed to Support a Slip and Fall Case in a Supermarket or Store
Let’s look a little closer at the facts of this incident to see what creates grounds for a negligence case. Keep in mind that all negligence cases require a person to show that someone else’s negligence led to an incident that caused injuries and damage to an individual.
1. You need to know the cause of the slip and fall: To pursue a slip and fall negligence case, you need to know what caused the slip and fall. Many of my clients have slipped and fallen on puddles of water or spilled liquids. To win a case, we need to show that the store caused the dangerous situation, could have prevented it or could have warned customers about it.
If you do not know what caused you to slip and fall, then you cannot to prove negligence.
2. You need to notify the store manager or store personnel about the incident: It is best if immediately after an incident, you notify store employees. I have handled cases where my client was still on the ground when the manager came. It is important to tell the store personnel so they can record that the incident happened and see the circumstances. Often times, store personnel will apologize, offer to help and explain the source of the puddle or other problem. Store employees can also offer assistance and call for an ambulance or other medical help.
If you do not notify store personnel immediately, then you should return as soon as possible after the incident to speak with the store manager. The caller today had allowed four days to pass without notifying store personnel and that is too long a time unless there are exceptional circumstances.
In investigating a claim, an insurance company will first ask to see the incident report. If there is no incident report, the insurance company will assume that the incident did not happen. We can overcome the lack of an incident report, but it makes settlement talks and a trial that much more difficult.
3. You need to receive immediate medical attention: In the strongest cases, clients go from the store to the hospital in an ambulance, but that is not necessary. Some people drive to the hospital or a doctor’s office. Some go home and then go to the doctor later that day or the next day. There are two issues here. First, above all else, it is important to get the medical treatment that you need. Second, to build a case, you need to document medical treatment and a connection between the slip and fall incident and that medical treatment.
In this case, the woman had gone four days without contacting a doctor and was calling a lawyer first. It is always more important to contact your doctor first.
We successfully earn compensation for many people who have suffered injuries in slip and falls in supermarkets and other stores. We work hard to earn our clients the most compensation possible, but we can only do so when evidence of a case exists. The three key elements of a successful case are:
- Knowing what caused the slip and fall
- Timely notice to the store personnel
- Medical treatment as soon after the incident as possible
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
The Law Can Only Help So Much: A Family Dispute in a Slip and Fall Case March 11, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: New York Personal Injury Lawyer, Slip and Fall, Statute of Limitations
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Every day, we receive emails from people looking for help with legal questions. We received one today about a 20-year-old family dispute. I can offer a clear legal answer, but it shows the limits of the law because the legal answer will not solve this family problem.
Question about a Negligence Case
My sister sent me an e-mail demanding that I pay her current dental expenses (over $20,000) for an injury she incurred after an altercation we had over twenty years ago. She has had dental work over the years, but this is the first time she has approached me about the incident in over twenty years. She claims I intended to harm her. I did push her away from me, but she was going to hit me. She slipped on the ice and her top front teeth broke when she hit the side of a car. Can she still sue me and what is my current level of liability?
Answer to the Question about Liability for a Slip and Fall
Before we get into questions of who bears liability for her injury and whether the dental work now is directly related to the incident from 20 years ago, I can tell you that she has no grounds to file a law suit because the incident lies outside the statute of limitations for an assault case. In New York, if you believe that you have grounds for a civil suit due to an assault, you must file the summons and complaint within one year of the incident. Since your sister did not do so, you cannot be held liable for the incident 20 years ago. You can read more about New York’s statute of limitations here.
Limits of the Law in Personal Injury Cases
I feel bad for this man given the ongoing dispute with his sister. The law in this case is clear; the writer is not legally liable for his sister’s damaged teeth. Based on his description, who knows who was responsible for the incident all those years ago? Unfortunately, I do not expect that the answer about the law will settle this dispute. This brief email suggests there is a rift between siblings that the law cannot heal.
The law can only do so much. It can guide us and settle disputes, but it cannot change relationships and cannot make people get along. The law cannot change feelings or dictate attitudes. With questions of a lawsuit out of the way, I can only hope that this family finds a path towards reconciliation.
I welcome your comments and opinions.
If you or a loved one has been hurt due to the negligence of another person or company, you may want to consult a New York personal injury attorney experienced with negligence cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for a Slip and Fall in a Long Island Supermarket March 6, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: New York Personal Injury Lawyer, Slip and Fall, Fall in a supermarket, supermarket lawsuit
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Last August, a Huntington woman went to her local Pathmark supermarket with her eight year old son to buy some groceries. As she rounded an aisle between the ice cream and the vegetables, she slipped on a large puddle and injured her leg. She asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the claims manager for the supermarket, we reached a settlement. The settlement clearly pleased my client, who sent me a note reading, “Thanks to you we got more!! I will recommend you to everyone I know you are such a dream and so efficient, thank you again.”
The Facts of the Slip and Fall Case in the Supermarket
In this case, the woman, who works as a school nurse, went shopping with her young son. They went to their neighborhood supermarket in Dix Hills. As the woman turned down an aisle near the ice cream, she slipped on a large puddle. Her right leg twisted underneath the shopping cart and her whole body twisted to the right when she held onto the cart to try to stop herself from falling to the ground. A store employee admitted that the puddle had come from a leak in the freezer. The incident left her with a back and leg injury and scar on her leg.
Compensation in Supermarket Slip and Fall Cases
We handle many supermarket slip and fall cases and many result from people slipping on puddles formed by leaks from freezers, refrigerator units and sprinkler systems. The solution seems simple: supermarkets need to invest the time and money to maintain and monitor their water systems. That upfront investment would eliminate the injuries suffered by their customers and save the stores money by avoiding negligence claims and lawsuits.
When a client is hurt due to the negligence of a supermarket, the client deserves compensation. More importantly, the effort to collect compensation helps everyone. If the stores did not have to pay out for the injuries they cause due to their own negligence, imagine how many injuries we would have. Only by holding the supermarkets responsible for their negligence can we force them to improve safety for customers.
Settling Quickly and for Good Value
In this case, it took a while for my client’s medical prognosis to become clear. Once her condition stabilized and we understood the full extent of her injuries, we made a Settlement Proposal to the insurance company for the supermarket.
Early in my career, a settlement demand took the form of a brief letter with a dollar amount. Now we prepare extensively researched and developed Settlement Proposals. They include our analysis of liability and damages, including a medical review of our client’s injuries and a presentation of case law in similar cases. We also attach all the supporting medical records and other evidence to support our case. By presenting all this information to the insurance company in one package, we make it easier for them to assess the case and make a settlement offer. Our Settlement Proposal also demonstrates the thoroughness of our investigation and strength of our case, which adds to our negotiating leverage.
Our Settlement Proposals enable us to settle cases rapidly. In this slip and fall case, once we sent out our Settlement Proposal, we were able to settle the case in one month.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Brooklyn Slip and Fall Case Settles on the Eve of Trial February 29, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: Brooklyn slip and fall, New York Personal Injury Lawyer, Slip and Fall, Stairway Accident
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On a warm September morning, a Brooklyn mother went to work as a home health aide. At one point, she left her client’s apartment to go to the pharmacy. She slipped on a gooey substance and injured her knee. She retained a Bronx law firm – Krieger and Wilansky – to represent her. They brought us in to try the case. On the eve of trial, the client asked us to settle the case and we did much to her pleasure.
A Slip and Fall in a Brooklyn Stairway
The woman in this case lived in Starrett City and worked with an elderly client who lived in a nearby building. On the morning of the incident, the woman was working as a home health aide when she needed to leave to take her client’s prescription to the pharmacy. She pressed the elevator button but, after several minutes, the elevator did not arrive. With the elevators not working, the woman began walking the flights down to the lobby.
The woman walked from the 11th to the 10th floor landing without incident. She wasn’t carrying anything in her hands – her purse was over her shoulder. She held onto the handrail. When she attempted to take the first step on the next flight of stairs, her foot slipped on a “gooey” substance and she fell down the entire flight to the 9th floor landing on her back and buttocks. Her left knee twisted during the fall.
She got up and proceeded down to the lobby. When she got to the lobby, she told the building personnel that she had fallen on the stairs. She was told that another woman had also fallen and they urged her to be evaluated by ambulance personnel. My client waited for the ambulance and was treated by the attendants but she refused hospital treatment. She knew that her elderly client was depending on her so she went to the pharmacy and then returned to her client’s apartment.
The Injury in this Slip and Fall Case
When the pain in her left knee did not subside, she went to her medical doctor. He prescribed pain medication, anti-inflammatories and physical therapy. When she still had complaints of left knee pain, her doctor referred the woman for an MRI of her left knee. The MRI revealed a tear of the posterior horn of the medial meniscus. An orthopedic surgeon reviewed the MRI and then performed arthroscopic surgery at Brookdale Hospital.
Why Settle a Case on the Eve of Trial?
In all cases, we strive to move the case as quickly as possible and to maximize the compensation that a client receives. Therefore, I pursue two paths: seeking a settlement and preparing for trial. The more aggressive and thorough we are in our trial preparation, the more leverage we have in settlement talks.
In our direct cases, we prefer to see if we can settle cases before filing suit. If not, we file suit and begin the move towards trial. Cases can settle at any time in the process. Some defendants wait until the eve of trial to even enter into settlement talks and that’s what happened in this case.
At heart, I am a trial attorney. I love trials. I find that when people see me arrive for a trial, fully prepped and ready to go, that they are more likely to settle. In this case, the defendant suddenly expressed an interest in settling. The client also decided that she preferred to avoid the stress of a trial – she strongly preferred not to testify – so I negotiated the best settlement possible for her.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for a Slip and Fall in a Bronx Stairway January 23, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stairway Accident
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In late June 2011, a mother went to pick her daughter up from a charter school in the Bronx. While walking down an interior stairway, she slipped on a small puddle of water, fell down several steps and injured her ankle. A trip to the emergency room at Lincoln Hospital revealed she suffered a fractured ankle (lateral malleolus). The woman asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the insurance company for the charter school, we reached a settlement. In just over four months from the date the woman retained me, we settled her case, making for a very pleased client.
A Slip and Fall in a Bronx Stairway
In this case, the woman had left work to pick her daughter up at school. It has been raining much of the day and the woman dressed for the weather and brought an umbrella. She walked down a long hallway in the school and then went up a stairway to her daughter’s classroom. After speaking with her daughter’s teacher, the woman began walking back down the stairs.
She held onto the hand rail with her left hand and carried a small plastic bag in her right hand that held her umbrella. As she reached the second step, her foot slipped on some water and her feet went out from under her. She fell backwards and went down the remaining flight of stairs. Her right leg bent underneath her and she heard a “pop.”
The woman lay in pain at the foot of the stairs. She tried to get up, but felt too much pain in her right leg. A school official came to her aid and called an ambulance. The ambulance took the woman to Lincoln Hospital.
Proving Liability in a Stairway Slip and Fall Case
The challenge in this case was to prove that the school was negligent in allowing the water to gather on the interior stairway and not cleaning it up or warning people about the hazard. In this case, we had the statements of our client and her daughter. We had photographs and diagrams of the incident as well as an ambulance report, all of which we used to support our case. The insurance company for the charter school argued that the school could not prevent water from coming inside on a rainy day, but we showed how this was not an exterior stairway, but a stairway well inside the building.
With this evidence and the way we built our arguments, we were able to present a convincing case to the defendant.
Settling a Slip and Fall Case Quickly and for Good Value
After investigating the case and after my client’s health status stabilized, I prepared an assessment of the case. I reviewed the case assessment with my client and then presented a Settlement Proposal to the defendant’s insurance company. I do all I can to move my clients’ cases as quickly as possible. Once I presented the Settlement Proposal to the insurance company, we entered into negotiations. The adjuster posed certain challenges and requested some additional information. I responded as quickly as possible and demonstrated both the thoroughness and strength of our case. We were able to settle the case for good value at an amount that pleased my client and we did so in less than just over four months from the day my client retained my services.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for a Slip and Fall in a Brooklyn Supermarket January 10, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: New York Personal Injury Lawyer, Slip and Fall, Supermarket Case, Fall in a supermarket
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In July 2011, a woman entered her local Pathmark supermarket in the Sunset Park section of Brooklyn. As she walked towards the front of the store, she slipped on a small puddle of water and fell. The slip and fall left her with injuries to her back and leg. She asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the claims manager for the supermarket, we reached a settlement. Less than 20 days later, her settlement check arrived today, making her a very happy client.
The Facts of the Slip and Fall Case in the Supermarket
The woman had entered Pathmark to do some grocery shopping. She was dressed casually and wearing rubber flip-flop sandals. A small puddle of water – approximately 2 feet by 2 feet – had formed in front of aisles 17 and 18 of the supermarket, but it was not obvious to the observer. The woman walked in the area as part of her shopping and slipped on the puddle. Her feet went out from under her and she reached out to brace herself, but she landed on her behind.
Other patrons immediately came to her assistance and the store manager came over to help. The store manager called for an ambulance which took the woman to Methodist Hospital.
Proving Liability in a Supermarket Slip and Fall Case
The challenge in this case was to prove that the store was negligent in allowing the puddle and not cleaning it up or warning customers of the hazard. In this case, we had the statements of our client and the man who was shopping with her. We also managed to interview the store manager, who corroborated our client’s account of events. Using photographs and diagrams, we were able to demonstrate that this puddle formed in an area with high foot traffic that was immediately visible to the personnel working in the front-end of the store.
We built an argument that demonstrated that the water came from a leaking freezer and was in an area that the store should monitor and keep safe and was in an area that store personnel could easily see.
With this evidence and the way we built our arguments, we were able to present a compelling case to the defendant.
Settling a Case Quickly and for Good Value
While I love my work as a lawyer, I cannot stand the slowness of this business. So many cases take too long to resolve. In our law firm, we commit ourselves to moving every case as fast as possible. In this case, as soon as we completed our investigation and as soon as my client’s medical condition stabilized, we sent a Settlement Proposal to the insurance company for the supermarket. We entered into negotiations and when they asked for additional information, I provided it right away. In the end, we were able to settle the case for good value at an amount that pleased my client and we did so in less than six months with the settlement check arriving six months from the date of the incident.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember: past performance does not guarantee future results.
How Lazy and Impersonal Can a Lawyer Be? Insurance Company Responds to a Slip and Fall Case by Using Auto Accident Papers December 16, 2011
Posted by Law Office of Carol L. Schlitt in New York Law.Tags: attorney mistakes, Lawsuit in New York, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, Slip and Fall
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I received some papers in a slip and fall case that are both comical and maddening. In response to a summons and complaint for a case where a woman suffered an injury in a stairway fall, the attorney for the insurance company responded with papers for an auto accident. Here were some of the requests made. Remember this is a trip and fall case.
“Set forth the name and address of the owner and operator of each vehicle involved in the occurrence.”
“Set forth the year, make, model and license plate number (indicating state and year) of each vehicle allegedly involved in the occurrence.”
It’s a trip and fall case. No cars. No vehicles. No license plates. Forget the stilted legalese; it’s laughable that someone could be so cavalier as to not even review the papers he sends out.
What a waste of time. What a waste of money. The insurance industry decries fraud and abuse and blames plaintiffs’ attorneys and victims filing claims for damages. But here’s another example of the insurance company’s own laziness and how it wastes time and money.
How did this happen? The attorney received my summons and complaint for a slip and fall case and relied on a paralegal or an automated system to respond. In either situation, no one cared very much about what they did and no one reviewed what they sent out. They do not view cases as important issues for victims; they are merely processing paperwork.
Let’s admit that no one is perfect and we need to understand that people will make a mistake. Nonetheless, it is one thing to let a typo slip by undetected; it is another thing to use auto accident papers for a slip and fall case. Responding to slip and fall papers with papers meant for an auto accident case could only happen when no one is paying attention.
One of the reasons that I practice personal injury law is that I want to know my client and I want to know the person for whom I fight. The practice of law still depends on personal relationships between a client and a lawyer. This type of work smacks of the most impersonal, bureaucratic practice of law.
I handle cases from beginning to end and prepare all the legal papers myself because I believe that the details matter. Many cases are similar, but each case has a unique fact pattern and we need to pay attention to the details of each case. Two slip and fall cases may be similar, but they will have a different fact pattern and different issues.
I take the practice of law very seriously and work very hard for my clients. It bothers me to encounter such slipshod work. I write this blog piece to get my frustration off my chest and to call out the lazy lawyers. We all need to commit to higher standards for our clients and ourselves.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
http://NYLawThoughts.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
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© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement for Slip and Fall on Ice in a Supermarket Parking Lot December 15, 2011
Posted by Carol L. Schlitt in Slip and Fall.Tags: ny personal injury attorney, New York Personal Injury Lawyer, Slip and Fall, Supermarket Case
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On a chilly February morning, a woman went shopping at her local supermarket. After loading her bags in her car, she turned to return the shopping cart and slipped and fell on some uncleared ice. The fall left her with an injured back and a slight fracture in her wrist – an avulsion fracture at the base of the fifth metacarpal. A slip and fall on ice can happen to anyone, but the cause becomes negligence when a store owner fails to clear the ice and snow from a parking lot. In this case, the woman asked me for assistance. We investigated the case, analyzed her medical records and prepared an assessment of her case. We then engaged in settlement talks with the defendants and reached a settlement this week that left the woman very pleased.
Proving Negligence in a Slip and Fall on Ice
We all know how treacherous walking on snow and ice can be and need to take precautions to avoid slips and falls. A slip on ice can be one of those things that happen. However, if the slip results because a property owner failed to adequately clear ice and snow, then it becomes a case of liability.
In this case, the supermarket owner failed to clear the parking lot of ice and snow. The last snow had fallen four days earlier, yet the supermarket had still failed to clear the parking lot. They had a responsibility to provide for the safety of their customers. The store failed to do so. That failure, made them liable for injuries suffered if someone slipped and fell on ice in their parking lot.
In our investigation, not only did we procure weather reports and arrange for photos of the scene, but we also found a witness who corroborated our client’s version of events. A thorough investigation helps build a case and makes it more valuable for our client.
Determining the Value of the Case in a Slip and Fall on Ice
To determine the value of the case, I started by interviewing my client and collecting all of her medical records. I needed to understand the impact this injury had on her life. I reviewed the medical records and sought the input of an expert nurse reviewer. We highlighted the diagnosis and treatment my client received.
I then conducted the legal research to find similar cases and the value those cases brought at trial. It is vital to understand what a case will bring at trial. While each case is unique and stands on its own merits, my past cases and trial research provide a foundation for arguments to maximize the compensation for the current case.
Settling the Slip and Fall on Ice Case
Once I complete my investigation and my analysis of the damages, I prepare a case assessment for my client which projects the value of her case at trial and the value in settlement. I review that assessment with my client and, with her approval, I prepared a settlement proposal for the defense. In this case, the supermarket owner (Pathmark) pointed the finger at their contractor who had responsibility for clearing the parking lot of snow and ice. I negotiated with both and both agreed to contribute towards a settlement. After considerable back and forth, both sides made an acceptable offer. I reviewed that offer with my client and then went back to the negotiating table to push the offer higher. When we received the higher offer, my client chose to settle the case.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall on ice, particularly one in a supermarket parking lot, you may want to consult a New York personal injury attorney experienced with injuries in similar cases. I have extensive success with slip and fall on ice cases and with supermarket cases. I would be glad to answer your questions and assist you. The consultation is free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future. Each case is unique and will have a unique outcome.
All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
