Value of Slip and Fall Lawsuits
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- Опубликовано: 9 фев 2020
- This video will tell viewers about the typical settlement value of slip and fall cases in Maryland. Our firm, Miller & Zois, has handled countless premises liability cases against property owners. Premises liability cases are commonly referred to as “slip and fall” because a customer slipping and falling on a wet surface is sort of the prototypical premise liability case. However, premise liability cases involve much more than just simple slip and fall incidents. Premises liability covers any situation in which a property owner fails to maintain their property in a safe condition, and it results in injury. This can involve things like a collapsing ceiling, lead paint, failure to provide security or adequate lighting, and other things causing injury to individuals on the premises.
So how much are premises liability cases typically worth? Lets start by looking at some statistics. Reported verdicts and settlements in indicates that about 68% of Maryland slip and fall cases had a value somewhere between $5,000 and $50,000. By contrast, about 5% of slip and fall cases in Maryland resulted in a had a final value above $500,000.
The value of a slip and fall case will be driven by 3 primary factors. The first factor impacting the value of a slip and fall case will always be the nature and severity of the injuries. This is level of injury has the most impact on the value of the case by far. A slip and fall that results in minor injuries such as a sprained wrist or some bruising will naturally be worth much less than a case where someone slips and breaks a leg or worse.
The second factor that dictates the potential value of a slip and fall case is the extent of the property owner's negligence and resulting liability. Even when a slip and fall results in serious injury, this second factor can often render the case worthless. In most cases, the plaintiff must show that the property owner had actual or constructive knowledge of the hazardous condition in order to establish liability. For example, if a customer walks into a store and slips on a banana peel they would need to prove that: (a) the store owner or employees actually knew or under the circumstances should have known about the banana peel. If the plaintiff cannot prove this notice the case could be worth nothing.
Liability is much easier in cases where the hazardous condition was actually created by the property owner or its employees. The classic example of this is where an employee mops the storeroom floor. In this case, the plaintiff does not to prove actual or constructive knowledge of the wet floor. The property owner is the one who made the floor wet so knowledge is presumed.
The third and final factor in valuation of a slip and fall case is what jurisdiction that lawsuit is filed in. This factor is particularly important in Maryland where slip and fall cases in plaintiff-friendly jurisdictions such as Baltimore City and Prince George's County are consistently worth more than comparable cases in other counties.
If you have a possible premises liability claim for a slip and fall or another hazard on the property, call our law office today at 800-553-8082. You can find more information here: www.millerandzois.com/settlem...
I had a slip and fall at a grocery store. They had been giving out free samples of pizza. Greasy onion pieces had fallen on the bare floor that used to have a rubber mat, the empty pizza plate sat above their hot lunch department and translucent, greasy onions were on the floor below. My elbow never fully recovered, I have pain and weakness in that arm since.
You may have a case since the hazardous condition of the floor near the free pizza station was arguably something that the store employees were aware of (or reasonably should have been aware of).
Think of it this way: if the pizza had been on the floor for a substantial period of time without being removed, and you slipped on it, the grocery store would have had constructive notice of the pizza on the floor, and would be liable for your injuries.
But let's change the facts a little bit. If the pizza had been dropped moments before you fell and the grocery store did not drop the pizza or cause it to be where it was, there is not enough time for constructive notice and the grocery store would not be liable for your injuries.
These are challenging cases because the evidence is usually hazy.
I have to say thank you for the discovery samples on your web site. My attempts to get a attorney to on my slip and fall case was unsuccessful. I used your online samples and others in my case Arizona case and settled for the policy limits in the amount of $250,000.00. All State attorney had a anger problem during the depositions. They hired a outside attorney after l sent a mistake conduct letter. Like you stated let the other side know their not getting away with a inch. My case is worth a lot more but l decided to settle re: fractures. I think sending the mediation brief to the adjuster even though the mediation was extended to a new date showed l was ready for trial.
Good for you Charles! We love hearing feedback like this when our videos help people.
I fell at my condominium complex because they needed to fix the sidewalk they were raised up like 3 or 4" from tree roots and I Trash heard my spine I've been in the hospital often on since the beginning of this year with one surgery To fuse the spine back together in my back I'm still healing very painful
I had a bad fall cause I stumble over the curb which was supposed to be painted yellow, in LA. My face is bruised, my knees hurt and my neck is stiff. The curb belongs to a business building(about 10 shops). What do I do?
I'd assume you get snow and ice cases since you're in Maryland. What is the law on what exemptions landowners have for ongoing snowstorms?
I just slip and fall at a McDonald’s. It was raining outside. As soon as I walk in the store I slipped and fall got up look around there was warning signs of slippery floor but as a raining day I think McDonald should always put a non slip runner may at the front door as people being walking.
I had a bad fall at a store due to a shopping cart that had wobbly wheels. As I was walking down sidewalk toward my car, the wheels veered to the left which caused the cart to fall off the curb and pulled me down with it. This resulted in a broken ankle and numerous other injuries. This has been a huge inconvenience for myself and my elderly mother due to the fact that I am the only caregiver she has. She is terrified that she might have to go into a nursing home until I heal and has been crying and very depressed seeing me in excruciating pain. I have a case pending now due to a serious fall at the doctor's office resulting in me breaking my hip. I asked my current attorney if I had a slip and fall case against the store who had horribly wobbly wheels causing me another serious injury and the attorney stated that I probably wouldn't have a case because I would be considered a "eggshell client". Please advise and Thank you so much.
I see 2 problems with your potential claim involving the shopping cart with the wobbly wheel. First it would be hard to establish the knowledge element against the store. To have a valid claim you will need to prove that the store knew or should have known about the wobbly wheel. Second, it think it would be very hard to argue that a wobbly wheel on a shopping cart is a potentially dangerous condition. I wobbly wheel is much different than a slippery floor or big hole in the ground.
Piggybacking on M & Z's answer, you'd have to show that there is some process of inspection of shopping carts, and that there is a written policy on how often the carts are inspected, and what they do to take broken carts out of service. You could allege that the walkway is not up to code (for example: the slope of the walkway may be too steep, or there needs to be a ramp for shoppers to take their carts to their cars). As M & Z have said, you'd also have to show that the store knew about these problems, and failed to fix them. It's tough sledding for sure.
Can someone please notify me through this site I need to talk to you about nasty fall I had I need to know where I stand
I was at Levi’s Strauss in Maryland grabbing a pair of jeans off the shelf and mind you the shelf is about 8 in half feet in the air. As I grabbed the pair of jeans the shelf came out with the jeans. The shelf came down on my foot which I had on flip flops. Cos I’m going shopping. Of course but I went to patient 1 at and therapy 13 session. I also have the manager at Levi’s stating that the shelf was not supposed to fall if it was velcrod down which it was not at all none of the shelves were. I’m sure this case is bigger then my family thinks.
Consult with a lawyer near you. You can get a recommendation from family and friends. Also, did you file an incident report? A lawyer can also send out a "preservation letter" to make sure the store owner keeps the surveillance video.
@@jeffmarionpersonalinjuryla2966 yes I do. And thanks I have video of the shelf not be down properly. How much u think my case is worth ?
This would potentially be a solid premises liability case, but it has one glaring weakness... in order to hold the Levi store liable you will need to prove the store knew or "should have known" that the there was a problem with the shelf and that it was likely to come out and fall on someone like it did in your case. The store manager already seems to claiming that he "didn't know" and that the shelf was not supposed to fall, etc. etc. You could MAYBE argue that they knew or should have known that it was not velcro strapped down and, therefore, at risk of falling, but that might be tuff.
@@Millerandzois the manager cried on video stating she knew about it and just didn’t have time to get to it.
@@Millerandzois I have a video of her saying she sorry and this and that
So my mom went to get gas at the gas station and slipped and fell due to icy floor she hit her head and needed help getting up. She saw someone was parked behind her but they left and then another gentleman helped her get up. all she remembers is going inside and the clerk sorta laugh and said you have to be careful once she entered the gas station, she remembers telling him you need to put salt then had trouble telling him what gas pump she was on once she finished pumping gas she was having trouble remembering where she was her body started to feel a bit numb so she got really worried and called the ambulance she wasn’t able to tell them where she was so she asked someone else pumping gas to tell them where she was and had to leave in a ambulance
I'm sorry about what happened to your mom. You should call a local lawyer. She may have a claim.
Do u take cases in louisiana
No
If people would remember how to pay attention to what they are doing in their surroundings there wouldn't be any lawsuits when you fall down pay attention
Do you really think people want to fall? I’m laying in a hospital bed right now after slipping on ice on a deck when it wasn’t even raining and it was a blue sky with the sun out. My pain is excruciating. We’re going to check right now to see if there’s a blood clot in the fracture site. I have to have emergency surgery tomorrow and I could die if moves to the brain lungs or heart. 😔💝