Visitor Question

Slip Fall Accident on Ice…

Submitted By: Mike (Burlington, NC)

I slipped and fell on ice onto hard cement at a business. I fell on my knees and hit my head against the door. I went to the emergency room due to a goose egg on my forehead.

The CAT scan showed no damages but my head has been hurting ever since, plus my hip has pain but I haven’t followed-up with a doctor. Their insurance company has given me a claim number and is sending me forms to sign to get my records from the hospital.

They’ve agreed to pay medical bills but is there anything more I can get for the pain and suffering I went through? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mike,

Mike:

It’s difficult to recover for pain and suffering unless you can show the business owner should have known of the danger and ignored it, or was warned of the danger and took no action to mitigate it. The courts will look at what is reasonable under the circumstances.

For example, if the parking lot was quite large and it would have been an unreasonable burden placed upon the business owner to have melted every piece of ice, or if she made every reasonable attempt to melt the ice but the weather remained so bad the ice kept freezing.

Making a determination of the degree of liability of the owner will rely on such factors. Under the circumstances you should carefully review all of your options before deciding to accept any money from the insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 26, 2011

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