What Are Some Common Causes of Injuries That You See Resulting From Slip-and-Fall or Trip-and-Fall Incidents in the Cases That You Handle?
The most common cause of injury is negligence on the part of the employer and the establishment where the slip-and-fall took place. In most cases, employees failed to make sure that any messes were cleaned up and that the conditions of the premises were safe.
If Someone Is Injured on a Personal Property or That of a Business, What Are the First Steps to Take to Get the Best Possible Outcome in a Personal Injury Case?
The first step is to be treated medically by a medical professional. Afterward, it’s important that a spoliation letter goes out to the business owner where the injury occurred letting them know to save any surveillance footage or any other video or photographs that they might have regarding the lead up to the incident and the incident itself. They should also save any records they have pertaining to when the area was cleaned, how it was supervised, etc. The victim should collect names of people involved who could be witnesses in the lawsuit so that the attorney can take their depositions.
Do You Find That People Who Have Been Injured in a Slip-and-Fall or Trip-and-Fall Incident Are Sometimes Hesitant to File a Claim Against a Personal Friend, Family Member, or Even a Business?
I have seen people who are hesitant to get involved in lawsuits, yes. Most people fall on one end of the spectrum or the other: they’re either nervous about bringing a case or they’re litigious.
Who Pays Out on a Claim? Is It the Neighbor or Small Business Owner Themselves?
It will be the insurance company. Even though the name of the defendant will be an individual, their insurance company is going to be the one who pays for defending the claim and the one who ultimately pays out on the claim. If you’re hit by Josh Moe and take him to trial, you’re actually suing Josh Moe’s insurance company, but the jury doesn’t know that. The trial is conducted against Josh Moe, not against the insurance company, but really, Josh Moe has coverage for this type of situation through his insurance. The jury, however, is not allowed to know that. You’re almost always suing an insurance company even though they’re not a named defendant.