In this YouTube Hangout, Phoenix personal injury lawyer John Kelly answers a number of questions about slip and fall cases. You may also visit us online at https://www.jkphoenixpersonalinjuryattorney.com/slip-and-fall/ or post a question to the comments section and John has agreed to answer your questions.
1. Samantha – I was shopping at the local supermarket when I slipped and fell. The floor was filled with liquid and broken glass from a bottle that someone had knocked over. I had a number of cuts, and a badly sprained ankle. The store says they didn’t know about the spill. Does that mean they are not liable for my injuries?
2. Brian – I tripped and fell on a broken walkway leading up to my friend’s house. I had just had surgery on my shoulder, which was healing nicely at that point. After the fall on the walkway, I went back to my surgeon, and he told me the fall caused significant nerve damage to my shoulder. Can I get damages for the new shoulder injury, even though it involved a pre-existing condition?
3. Charles – I fell on the sidewalk and suffered an injury. The insurance company keeps telling me to hold on because they’re about to offer me a settlement. They also said that there’s no need for me to get a lawyer, since they’ll take care of me with a fair settlement. It’s been almost two years since the fall. Should I be concerned?
4. Lucy – I fell on the floor at the supermarket and was injured. The floor had just been waxed, and it was very slippery. But witnesses saw that I was just about running down the aisle when I fell. If I’m partly at fault, can I still get damages for my injuries?
5. Frank – After I was injured in a slip and fall accident in a retail store, I received medical treatment. I know how much the bills are, and I know how much I lost from being out of work. Can’t I just use an online calculator to figure out how much my case is worth? Why do I need a personal injury lawyer for this?
Kelly Law Team
1 E Washington St
Phoenix, AZ 85004
Transcript of content:
– We’re with John Kelly. John is a Personal Injury Attorney in Phoenix, Arizona. And he’s agreed to answer online questions that were posted related to slip and fall cases. With that said, John, let me go into the first question that was asked. The first question was from Samantha. Samantha asks, it says, I was shopping at the local supermarket when I slipped and fell. The floor was filled with broken, with liquid and broken glass from a bottle that someone had knocked over. I had a number of cuts and badly sprained ankle. The store says they didn’t know about the spill, does this mean they’re not liable for my injuries?
– Samantha has a good question. In these slip and fall cases, there’s a lot of factors that go into whether the store is going to have liability. You can’t say just because there was something on the floor they automatically are going to accept liability and will be able to settle the claim right away. We need to make sure that there are other factors that are in favor for us. So. One of those things is if there is something as dangerous as glass on the floor with liquid, it depends on how long the bottle was there, if there was other witnesses that noticed it and reported it. Where it was located. If it was in a place that was very difficult for the store to locate and see. It may be harder, but these are things that, you know, have to be investigated. And so, what she’s going to want to do is get some documentation of that. She’s going to want to try to get some photos. If it’s already too late and she was transported because she was injured, that’s understandable. We may be able to go and look if there’s any surveillance video. We may be able to go back and talk to the managers to see if they, if anyone had reported it. Hire an investigator to see if there’s any other witnesses at the store that still might be present that we could talk to. And figure out how long that was on the ground. So, there’s a lot of different factors that play into that type of case. It’s a good idea to call an attorney and try to get someone investigating that pretty quickly from the time that it happened.
– Okay, next question was from Brian. Brian says, I tripped and fell on a broken walkway leading up to my friend’s house. I had just had surgery on my shoulder, which was healing nicely at that point. After the fall on the walkway, I went back to my surgeon and he told me the fall had caused significant nerve damage to my shoulder. Can I get damages for the new shoulder injury, even though it involved a pre-existing condition?
– Yeah, Brian can absolutely get damages for his shoulder injury. Even if he had pre-existing injuries. The negligent party is still going to be liable for his injuries that were caused by the accident. So.