By Ross Jurewitz on November 10, 2011 -
In 2007‚ Virginia resident Mercilla Lindor fell outside a Massachusetts McDonald’s during some nasty weather. She broke her foot and was immediately transported to a nearby hospital.
Lindor took the case to court‚ but a judge dismissed her complaint at the request of the fast food chain on the grounds that property owners could not be held liable for acts of nature. It was a slap in the face to Lindor‚ who was held to blame for the slip-and-fall accident.
The clerk recorded the judge’s order on July 28‚ 2010‚ 6 days after he issued it (July 22‚ 2010). (Note: According to Massachusetts law‚ a ruling is official when a clerk dockets it.)
In a July 26‚ 2010‚ ruling (between July 22 and July 28)‚ the SJC flipped the state’s law on landlord responsibility‚ ordering that property owners are responsible for protecting lawful guests from natural hazards‚ especially on commercial property.
Shockingly‚ with some lucky legal timing and a favorable decision made today by the state Supreme Judicial Court‚ Mercilla Lindor can now proceed with a lawsuit against McDonald’s Restaurant of Massachusetts.
Find a Premises Liability Claim Lawyer
If you or someone you love has been injured in a slip-and-fall accident in San Diego County on someone else’s property‚ you may be eligible for compensation for your damages. Contact the slip-and-fall injury attorneys at the Jurewitz Law Group. Call our personal injury office at 888-233-5020.
By Ross Jurewitz on September 6, 2011 -
If you’ve suffered an injury after falling on a slippery floor‚ you may be able to take legal action to recover damages. After seeking medical treatment‚ you should discuss your options with a San Diego personal injury lawyer.
When the Floor is Slippery: Insurance Company Tactics
It would be unwise to try to handle a slip and fall claim on your own. An experienced lawyer is familiar with the tactics insurance companies will use in an attempt to minimize or deny your claim.
It’s not uncommon for insurance companies to claim that victims are responsible for their slip and fall accidents‚ even when the floor is slippery. They may argue that you knew about the dangerous conditions or that your injuries aren’t as severe as you claim.
Your San Diego personal injury attorney will keep your best interests in mind when showing the link between a slippery floor and your injuries in order to get you the best settlement possible.
However‚ in order to get a settlement‚ the property owner responsible for your injuries must be capable of providing compensation. If the property owner doesn’t have good insurance coverage‚ you still may be able to recover damages by their seizing assets.
To protect your case and ensure it is successful‚ you should:
- notify the property owner;
- get contact information from any witnesses;
- keep track of all medical expenses; and
- follow your doctor’s orders.
As soon as you’re capable‚ pick up the phone and call a San Diego personal injury lawyer.
Act Now For Help With Your San Diego Slip and Fall Claim
If you or a loved one have been injured in a slip and fall accident in California the Jurewitz Law Group is here to help. Before you hire an attorney or even speak to the insurance adjuster‚ order our free California personal injury guide. When you’re ready to get started on your case‚ simply contact our law offices online or by phone – 888-233-5020. The consultation is free!
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