Slip and Fall Liability Question...

by Anonymous

I'm 9 month pregnant and my father was dropping me off at my apartment complex. As I was walking carefully I slipped and fell. My father hopped out of his car and called an ambulance. They told him not to move me. As I was crying in pain my father took pictures.

The fire department arrived there first and they stated that it was extremely icy. Then the ambulance arrived. They were having a hard time getting me on the gurney due to it being icy, they couldn't catch their footing.

I was rushed to the hospital and was being monitored for 8 hrs. I couldn't get an X-ray or pain meds due to me delivering by baby in 9 days. I had already asked them to put something down to melt the ice but they neglected to do so. Am I entitled to any compensation for my pain and suffering? Thanks.

Visitor Question:
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ANSWER for "Slip and Fall Liability Question...":

Hope you are feeling better. You and your family suffered a great scare.

There are several factors to be considered when seeking compensation for Pain and Suffering. It would be helpful if you kept some sort of record about the dates and times, and possibly the person with whom you spoke about the accumulated ice. The photos taken by your dad will be good to hold on to as well.

Before getting to Pain and Suffering you must first be able to show “actual damages.” Actual damages are monies you paid or will have to pay in the future for medical bills, medications, and any other out of pocket costs which came about as a result of the injuries you sustained. You quite obviously have already incurred actual damages in the form of an ambulance bill, emergency room, and other hospital and out of pocket costs.

Pain and Suffering is meant to include any of your future medical needs related to the fall, as well as compensation for the trauma you suffered during the ordeal. Even though your family may have been traumatized by your fall most jurisdictions do not permit family members or friends to be compensated for another family member's pain and suffering.

Additionally, the liability of management will be dependent upon some other matters. If the ice accumulated in areas where tenants would normally traverse, and management took absolutely no action to melt or remove the ice, your case will be quite strong.

If management did take what the courts refer to as “reasonable” action to melt or remove the ice, but despite their best efforts the ice continued to accumulate, the liability of management will be substantially reduced.

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,

Judge Calisi

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