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Chances of winning a premises liability slip and fall lawsuit in state of Texas
We went to a restuarant on a rainy night. Entering the building we crossed over a mat. When we were leaving I opened the door and slipped landing on my shoulder bad enough to require surgery. The mat had been draped over a handrail and was soaking wet. The mat covered a painted concrete surface that has been worn smooth over the years.
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The date of accident was June 18, 2006. If they are not liable would they have made this case go on for two years? They put a lot of time and effort into thier research. Sent 2 set of Interogatories and Request. I assumned the liability was not an issue. But at mediation they said that all my medical and lost time from work was not revelent to the case. All we were there for was to come up with a figure. I requested exactly what I lost and then my lawyer told them less than what I requested. Is that proper procedure? Did I prove liability to prevent a judgement summary and have the case thrown out? I did not want to settle for 1/10th of my original request, which is what they are suggesting I do or loose everything. Again I felt mislead and somthing is not right. The mediator was suppose to call me today with a counter offer and did not, is that standard practice? Once I receive the final offer I have less than 7 days to give an answer. I hope someone can advise me. Attorney answers (3)
Also, as a rule of thumb and many lawyers will cringe when they read this -- but I believe it -- is that a measure of the value of your personal injury claim is three times your medical bills (3Xbills rule).
Items that add value from the 3Xbills rule are: (1) a qaunitfiable permanency report from your doctor establishing the percentage of permanent disability and forecasted cost of future medical expenses, pain and suffering; and (2) undsiputable liability without consideration of contributory negligence on the part of the plaintiff. Items that decrease value from the 3Xbills rule are: (1) credibility issues with inconsistent testimony; (2) evidence of contributory negligence (almost always a huge issue in slip and fall cases). In my experience, insurers will heavily discount slip and fall cases and will likely offer the cost of your medical bills, or maybe if you are lucky, a tad more. It is also my experience that if you call the insurer's bluff and proceed to trial, the insurer might pay out more on the court house steps at the 11th hour -- BUT, insurers are getting much more aggressive with trying cases now and that may not hold true. 11 people marked this answer as good
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Slip and fall cases are very difficult to win. In my experience, jurors disfavor these types of cases, and defense lawyers are very adept at convincing jurors that the plaintiff "should have been more careful." Personal responsibility is a big theme.
In your case, it appears that you have substantial damages with surgery, and if there is an identifiable code violation, that will help the merits of your case. Sometimes the violation of a code can create what is known as "negligence per se." Ask your lawyer about that concept. It may be too late to amend your pleadings to include the code violation as a part of your claim. In some states, in order to allege a code violation, you would require an expert report establishing the violation as a matter of fact, or a state, county, or municipal entity would need to have charged the property owner with a violation. If there was an inaccuracy at your deposition or through your answers to discovery, this could undermine your credibility to the jury. Whether it completely wrecks your case depends on the degree of dishonesty (if any) and the ability of the defense lawyer to make it look egregious to the jury. I am not surprised to hear that you were low-balled at mediation. That is par for the course with slip and fall cases. You need to take into consideration the costs and risks associated with going to trial versus the offer that was made to you. You may also want to consult with another attorney in your area to make sure the code violation issue is properly addressed prior to settling. Best of luck to you and hope this answer was helpful. Here are a few web articles on these issues for your review: http://www.donig-injury-attorney.com/PracticeAr... http://www.injury-settlement-guide.com/slip-and... http://www.dsslaw.com/PracticeAreas/Premises-Li... 8 people marked this answer as good
Typically issues of negligence are not resolved via summary judgment -- so long as your lawyer is willing to try the case, if the offer is too low from mediation you can give it a shot. Remember what I said about these being high risk cases. Sometimes a bird in the hand is worth two in the bush, and whether you are willing to settle for less or shoot the dice depends upon your risk tolerance. You have to separate emotion and make your decision based on economics.
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