I am legally disabled housewife from an unrelated problem. I fell on a very wet floor in receiving bay of car dealership. I have medicare & private insurance that has paid 98% expenses, but as a result, I had two surgeries to repair a compound fracture to my femur & will have another to repair the lower rod of my knee replacement. I was walking fine & unaided prior to the fall. The area was covered in rainwater at 9am, cars lined up to be received, and when I arrived there was at least an inch of standing water in the bay where cars were being dropped off. After I fell, one of the employees exclaimed "This happened to someone last year!" & another employee said, "we're slipping and falling all the time on this floor." I was given great care at the business prior to the ambulance arrival.
I think you have an excellent chance of winning pain and suffering.
Now, the dealership will also have to pay for you medical expenses. You in turn will take the medical expenses money you receive from the dealership and repay your insurance companies. So the extent of your medical expenses are still relevant. In addition, the extent of your medical expenses also indicate to some degree who badly you were hurt.
If you have any further questions about your situation, get in contact with me. Whether you employ me or not, I probably have some ideas and information that you will find helpful.
In Tennessee you must prove two things to recover in a premisis liability case. 1) You must prove that the defendant or property owner had notice of the unsafe condition, or that they created it. 2) Next you must show that the defendant was negligent or careless in allowing the unsafe condition to exist on their property.
The fact that other employees were making those statements probably satisfies the notice requirement and if in fact those statements are true, that evidence will go along way in proving the negligence.
You must then establish your damages, these include pain and suffering, as you mentioned, loss of enjoyment of life, medical bills, lost wages and permanent impairment. Also you can recover for those damages you are reasonably certain to incur in the future.
Insurance companies typically do not settle this type of case quickly, so you will likely need an experienced lawyer.
Feel free to contact our office if we can be of further assistance.
Slip and fall liability analysis requires looking at all of the facts and circumstances and application of the law in which no case is a 'slam dunk' and no premesis owner is liable without negligent conduct. Where causally related damages are significant, then the case merits further effort. No serious attorney can 'give odds'. Instead, law has to be applied to all significant facts. Here's why: BLUE LINK BELOW
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