Vermont Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Slip and Fall Injuries in Vermont

Ed Van Dorn — Wed, 31 Jan 2007 19:08:33 GMT

A client asked us about her legal rights when she slipped on ice in front of a supermarket and sustained serious personal injury including a broken pelvis. Generally speaking supermarkets will carry insurance for these incidents but will only pay a claim if the supermarket was negligent in maintaining its premises. Simply stated negligence means that the supermarket acted unreasonably under the circumstances.

For example say there was a storm a week before the accident and the supermarket did nothing to clear away the accumulated ice and snow around the entrance to the store. On the day of the accident the customer tries to be careful entering the store and maneuvering around the icy conditions. Nevertheless she falls and sustains injury. In that case it is pretty clear that the supermarket knowing that patrons will be crossing over the icy area to gain entrance has a duty to take reasonable precautions to make the area safe. In this case since the supermarket had a week to clear the ice it is almost certainly liable for the injury and its insurance company should pay the claim.

For another example assume that the accident happened in the middle of a storm. In that case the supermarket made best efforts to keep the entrance clear but couldn't stay ahead of the snow and ice accumulating from the storm. The patron slipped and fell on ice that accumulated as a result of the storm. In that case since the store was doing most everything it could it would be hard to find negligence and the store's insurance company probably would not pay the claim voluntarily.

Most cases fall somewhere in between these two examples. The supermarket's insurance company will typically try hard to avoid paying the claim blaming the weather and even the patron herself for not being careful. Our firm evaluates every claim on its own merits. If we think the claim is justified we will insist that the insurance company pay the claim and if they don't we will bring litigation against the supermarket and the insurance company. Since we have a reputation among the insurance companies for fighting hard for our clients and litigating cases when we must they will usually settle. The amount of settlement depends on the seriousness of the injury, the amount of medical bills, lost wages and other expenses and the degree to which the store was negligent. If you or a loved one have been seriously injured in a slip and fall accident you should consult our firm to know your legal rights.

Originally posted at InjuryBoard by Ed Van Dorn

Woman Suing Big Lots for Slip & Fall

Christina Cole — Tue, 23 Jan 2007 05:27:03 GMT

A Berkeley County woman is suing the national retail store, Big Lots, after she injured herself when slipping and falling on the floor.

Aline E. Valentin-Dunsmuir was a customer at Big Lots in June 2005. While she was there she slipped and fell on an unknown substance.

"The substance which was on the floor was in the nature of a hidden danger, trap, snare, pitfall or the like, "the lawsuit, filed on January 10, states"

The lawsuit also says Valentin-Dunsmuir suffered from permanent injury to her body, body chemistry and psyche. Due to her injuries, she has incurred several medical expenses.

The suit states Big Lots was negligent for allowing the substance to remain on the floor and the accident may not have happened if the substance had not been there. Valentin-Dunsmuir is seeking compensation for her injuries and expenses, attorney fees and court costs.

Originally posted at InjuryBoard by Christina Cole

Slip-and-Fall Suit Filed

Christina Cole — Thu, 21 Dec 2006 02:30:14 GMT

A Kanawha County woman is suing a pharmacy for not maintaining the floor in a safe condition that caused her to slip and fall.

On November 14th, Ann Hines filed her lawsuit against Fruth Pharmacy in Kanawha Circuit Court. Hines says Fruth had a duty to not expose its visitors to injury while they are exercising ordinary care with their own safety. The alleged incident happened on November 14th, 2004. Hines says, she "slipped and fell on the floor that were negligently and improperly maintained."

"As a result of the negligent maintenance and failure to warn Plaintiff of the unsafe condition, Plaintiff sustained severe damages to her person." The complaint does not specify the condition of the floor or extent of Hines' injuries, though Hines is seeking compensation for pain and suffering, loss of income, loss of enjoyment of life, loss of earning capacity and medical expenses.

Originally posted at InjuryBoard by Christina Cole