Do all slip-and-fall cases end up going to trial?
March 14, 2013
When most people think about slip-and-fall accidents, lawyers and lawsuits, they probably think about a trial. They might picture a jury of their peers sitting on the side of the courtroom, a judge in the front holding a gavel and a defendant and plaintiff both on their separate side of the courtroom. They may picture witness after witness taking an oath and confirming the accuracy of diagrams that show where a spill was located or where signs may have been displayed in a grocery store. This isn’t an incorrect picture, but a lot of slip-and-fall cases actually end up settling out of court.
A recent slip-and-fall case is in process of settling several claims involving a fall at a meat market. The accident occurred on Jan. 30, 2011. A patron had entered the store and said that without warning he slipped and fell on what he described to be a wet substance on the floor. “Without warning” literally meant that there were no signs posted warning of the dangerous condition.
Also in the complaint was that the store failed to maintain its premises in the first place, doing so would have prevented the accident altogether. The patron also stated that the store knew that the wet spot existed. The patron state that the accident resulted in not only in physical injuries, but future medical expenses, mental anguish, permanent impairment, disfigurement and inevitable lost wages.
Instead of proceeding to trial, the parties decided to settle out of court. While a settlement may be negotiated and agreed upon out of court, an attorney is necessary. An attorney will not only ensure that a victim’s rights are protected in a settlement that is fair and accurately reflects the situation and is even eventually fulfilled. In this case, the plaintiff’s attorney needed to file a motion to compel certain actions from the other attorney relating to the settlement.
Source: SE Texas Record, “Slip & fall plaintiff seeks to compel settlement with La Morenita Meat Market,” David Yates, March 1, 2013
Visit our New Jersey Slip and Fall Accidents page to obtain more information about the common types of cases and the steps involved in the process.