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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 Scott C. Gottlieb 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
Scott C. Gottlieb 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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