1. I slipped on ice or snow. Is the property owner
responsible for my injuries?
An insurance company for a property owner will often
pay for medical expenses up to a fixed limit,
regardless of the property owner's fault. However, an
additional claim for your pain and suffering may exist
if the property owner was negligent in the way the
premises were maintained. Weather reports, drainage
patterns, the property owner's failure to remove snow
and ice, and previous falls at the same location will
be investigated by the attorney working on your claim.
2. I
slipped and fell in my grocery store due to a broken
jar of pickles. My ankle is broken and I have some
cuts. The store says that there had not been time for
their clean-up crew so they are not responsible. Is
this true?
Their insurance company will probably try to use this
argument, but it is often not successful. Businesses
are generally liable for the negligence of their
cleaning crew. You have a reasonable case, and The Law
Offices of Scott C. Gottlieb & Associates, LLP can advise you as to the type and amount
of damages that you may expect in this instance.
3. I
was attacked in the parking lot at the Mall. Can I sue
the owners for my bills?
Generally, the owner or owners of a business are
responsible for reasonable security on their property
or premises. Adequate lighting, for example, is an
essential for safety. A significant period of criminal
activity on or around a property would also show a
property owner that additional security is required to
prevent such criminal acts. This could be used to
prove an owner's liability for later criminal acts.
4. Do I
need an expert witness to prove a premises liability
case?
There are times that an expert witness can be used to
good advantage in a premises liability case. This is
particularly true if a case goes to trial. Medical
experts, contractors, economists, and others may have
special knowledge that a jury needs to understand in
order to assign damages properly.
5. A
friend slipped in my garage and really hurt himself. I
do have premises liability insurance, but feel that
this was in no way my fault. Am I liable?
Actually, most homeowner's insurance policies provide
coverage for medical bills regardless of fault. These
claims generally must be made in a short time span, so
be sure to check your policy for this provision. In
any event, promptly report the accident to your
homeowners insurance carrier.
6. What
should I be doing before I see an attorney?
I am not sure yet how serious my slip and fall was.
You should do the following:
- Document
all events in a journal, including doctor's
visits, and any contact by anyone regarding
the accident;
- Photograph
your injuries as well as the accident scene from
day one;
- Do
not speak to anyone regarding the accident, such
as an insurance adjuster, without contacting your
attorney.
Contact
The Law Offices of Scott C. Gottlieb & Associates, LLP as soon as possible to discuss this.
You can always elect to drop the matter, but it is
important to see that your rights are preserved.
7. What
if I have other questions?
Contact us today. We
will answer your questions and discuss your case.
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