Slip and Fall Injury Claim for Loss of Testicle...
(Sawyer, Michigan, USA)
I think I have a slip and fall injury claim... I was entering a building where I was supposed to pick up product to deliver in Georgia. It was raining and I had to go up 7 stairs. There were a lot of cigarette butts on the steps and I slipped on them and fell against the steps.
First my right knee struck one of the steps and then as I fell further my left testicle struck one of the steps and I was injured. I had surgery on my left testicle to repair it but the surgery did not work well so I had to have another one, but that also did not repair the testicle.
I had another surgery to remove the testicle and now the pain is gone. I also had surgery on my right knee and the pain is still there. I have been wondering what a fair settlement should be for all that I have been through?
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ANSWER for "Slip and Fall Injury Claim for Loss of Testicle...":
Before we discuss settlement, we must first address liability. Property owners are liable for injuries that occur on their premises when they fail to make reasonable inspections and warn of dangers. It is questionable whether a landowner would think that cigarette butts would cause a hazardous condition such that they either needed to be removed or post warnings.
Without question, it is dirty and unsightly, however whether the existence of cigarette butts equals liability is a stretch as I am having a hard time figuring out how one could slip on them and fall. It is more likely the case that the rain which lead to the steps being wet is what really caused the fall.
Most insurance companies will not hold a landowner liable for acts of God which are naturally occurring incidences over which they have no control. True, posting signs such as "slippery when wet" would be wise and serve as an adequate warning, but that may also be fairly obvious in the rain.
Assuming there is liability, you would take all of your medical records and multiply the total by 4-5x. This number can be increased by aggravating factors such as disability, for example: are you now unable to have children as a result of the testicle removal? If so, this may warrant increasing that multiplier to 8x, 10x or higher.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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