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Slip And Fall

Been the victim of Legal Malpractice? Discuss it here.

Slip And Fall

Postby Dusan » Thu Jun 30, 2016 7:20 am

two weeks ago, my father-in-law slipped on oil at a Lowe's Store during the middle of the day. The oil was located just outside the exit from their commercial exit where contractors load their large purchases, etc. A manager came out with an employee who began to put sand on the spot. The manager told him to wait until he(the manager) took pics of the spot. The ambulance came and transported my father/law to the hospital where he underwent surgery for a broken hip(screws, pins,etc.) the next day. He has been in the rehab section of the hospital's LTC facility for almost two weeks now undergoing therapies. This should all be covered by medicare and he will be going home soon. My mother-in-law seems to think Lowe's will settle something without her procuring an atty. I am tring to advise her to let an atty handle this due to pain and suffering,on-going medical expenses, etc. Please advise on our proper steps and the probability of success in a settlement thru an attorney. Thank you in advance.
Dusan
 
Posts: 47
Joined: Thu Jan 02, 2014 6:21 am

Slip And Fall

Postby Arion » Fri Jul 01, 2016 4:29 pm

Dear Guy:  Firstly, as you know, I am an attorney in California.  I am on the All Experts panel just for fun and because I think I can help people and give them candid and honest answers because I have no stake at all in the outcome.  I can tell you without any reservation at all that there is no chance at all that Lowe's would ever offer anything more than "nuisance value" to your father-in-law and probably nothing at all without him having legal representation.  Why?  Because Lowe's legally owe him nothing at all now and nothing at all until a Judge or a jury says so or until they voluntarily agree to offer something.  And they won't offer anything unless there is a threat of a lawsuit and there is no such threat if there is no attorney.  Consider, big chain stores get dozens or hundreds of customer injury claims every week!  They have entire departments(Risk Management) to deal with these claims and to deny anything more than a store coupon for 99% of the claims.  For the other 1%, they have lawfirms ready to defend any claims.

Your father-in-law suffered a high damage type of injury.  I know. I have handled several hip fx claims and now even have defective hip implant cases.  The damages are surely well into the 6 figures if Lowes is in fact liable for the injury.  Just because the accident happened on their property doesn't automatically make them liable.  The plaintiff(father-in-law) has the burden of proving the store was negligent.  To do that you need evidence that the store KNEW OR SHOULD HAVE KNOWN about the hazardous oil spill.  To do that, you need evidence of how long the oil was there or where it came from. If the oil was dripped or spilled very recently the defense is that they could not have known and therefore are not at fault.  Or, the defense would be that this was a place where large trucks park.  There will always be oil in such places and a customer ASSUMES THE RISK of walking there and, Lowe's does not have a LEGAL DUTY to have am employee constantly monitor for oil drips and be ready to clean it up instantly.  Lowe's only owes a REASONABLE AMOUNT OF CARE to prevent such problems. Lots of defenses and if your father sent his medical records to Risk Management and asked for some compensation, my bet would be that the claim would be ignored, denied or maybe a store credit of $300 be offered, something like that.  They would say they don't believe they are legally responsible and indeed, they may not be.

So, what is the big problem bringing in an experienced lawyer anyhow?  It will cost dad absolutely nothing out of pocket. The lawyer works for a percentage of the result. No monetary result, no costs to dad. If dad feels that this accident was not at all his own fault and that Lowe's is responsible for it by not taking care to clean up the parking area or not warning customers, and maybe he even thinks that Medicare ought to get reimbursed to some exent and your dad is angry and thinks he should be entitled to a significant monetary award for his extensive pain and suffering and impact on his life.................well, that's what a personal injury lawyer is for. There is nothing to lose and a lot to gain but if he just wants to walk away ...............on that bad hip............that's his choice.  If he would be satisfied with a nominal settlement just for the principle of it all.........listen to mom then.  But don't even expect an apology for what happened.  I assure you this is proper advice based on 35 years in the business and with no personal dog in the show..........if you know what I mean.  Good luck.
Arion
 
Posts: 40
Joined: Mon Jan 20, 2014 9:59 pm

Slip And Fall

Postby Coll » Mon Jul 04, 2016 1:30 pm

two weeks ago, my father-in-law slipped on oil at a Lowe's Store during the middle of the day. The oil was located just outside the exit from their commercial exit where contractors load their large purchases, etc. A manager came out with an employee who began to put sand on the spot. The manager told him to wait until he(the manager) took pics of the spot. The ambulance came and transported my father/law to the hospital where he underwent surgery for a broken hip(screws, pins,etc.) the next day. He has been in the rehab section of the hospital's LTC facility for almost two weeks now undergoing therapies. This should all be covered by medicare and he will be going home soon. My mother-in-law seems to think Lowe's will settle something without her procuring an atty. I am tring to advise her to let an atty handle this due to pain and suffering,on-going medical expenses, etc. Please advise on our proper steps and the probability of success in a settlement thru an attorney. Thank you in advance.
Coll
 
Posts: 50
Joined: Tue Jan 21, 2014 8:32 am


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