AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question My 11 y/o son slipped and fell at school. When I asked what happened he said there was something wet on the floor. I took him to the ER and he sustained a fracture to his arm. Is the school liable?
Answer Hi Patty,
I have no idea whether or not the school is liable.
Here is the basic rule regarding premises liability claims. There is no automatic liability against a land owner, business, or school; one has to show negligence on their part.
Premises Liability (Slip Or Trip And Fall Accidents) http://www.settlementcentral.com/page3006.htm is an excellent review of premises liability or slip and fall accident confusion as to liability. There are three good examples on that page to show you the difference between liable property owners and those whom one cannot sue.
Did the floor get wet by the action of the school? Did the floor get wet because the school failed to place step-off place mats when it kids were bringing in rain water from outside? Maybe there would be liability in those cases.
Or, did the floor get wet because some kid filled his mouth with water and spit it out? Or did the floor get wet because some kid passed by five minutes before your son and leaked his thermos? There would be no liability in those cases.
Next we have to take a look at your son's liability. Why did he not see that the floor was wet? Was he in a rush between classes? The school will claim that your son should have seen any obvious defects. That assertion will not defeat your son's claim, but his negligence can be used to reduce the amount of his award.
So here is your lesson: assume that they will claim that your son is at least one-half at fault, and be prepared to defend on the basis that there was either a hidden pool of water or that your son's eye attention was drawn away for some good reason (i.e. climbing stairs).
DO NOT BE DISCOURAGED about that defense, but just be aware that it will be raised if your son's claim has any value. Without telling anyone about your visit, you and a friend should go into the school and spot the area and take some photos. Show the eyelevel distractions of what would have caught your son's eye as he walked down the hallway or wherever he fell.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
