You’ve got questions … we’ve got answers. If you have not yet asked or answered a
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supports a dynamic community of legal consumers and attorneys helping each
other out. Simple as that.
We see a lot of great questions in our Answers community every day. Here’s a look
at some recent questions relating to injuries, accident, and torts from our
FindLaw Answers boards.
-
My neighbor and I aren’t on the best of
terms (we’ve had to complain several times about his late-night parties). Last
week, I fell down the stairs of my apartment complex and ended up breaking my
leg and hip. My neighbor saw me fall from across the courtyard, but just walked
away! Even after I yelled for help and asked him to call 911! It took two hours
for someone to finally walk by and call for help. Can I sue my neighbor for the
pain and suffering I endured during those two hours I had to wait for help?
Wow, this poster’s neighbor certainly won’t be winning the
“neighbor of the year” award anytime soon! As crazy as it sounds, the general
legal rule is: people don’t have a duty to help or assist another person
that is injured or in danger.
This legal rule was created to address potential
liability issues that make come up if someone were to help an injured person. What if the rescuing person
actually made the injury worse? Is it fair to punish someone for being a Good
Samaritan? The courts wanted to make a black-and-white rule, so they decided
not to create a duty
to rescue at all.
So unfortunately for this poster, he or she probably won’t
be able to sue the neighbor for failing to help. Of course there are always
exceptions. One such exception might apply if the neighbor created the
condition that caused the injury (e.g. as a prank, the neighbor left something
right outside the poster’s front door, ultimately causing the fall down the
stairs). The Answers Community ended up advising the poster to talk to an experienced personal injury attorney to discuss the case and determine whether the landlord might actually be liable for the injuries.
- I slipped and fell on some water in the
middle of a grocery store aisle. There was no sign warning about the wet floor,
so I feel like the store is responsible for my injuries. What are my next
steps?
Whether this poster has a strong slip-and-fall
case against the grocery store, depends on the specific facts of the
situation. The burden of proof is on the poster to prove that the store knew or
should have known that the water might cause a fall. An experienced personal injury
attorney would assess the grocery store’s liability in light of several
factors, including:
- How the water got to be on the floor (e.g. did someone
spill the water, or was the water set to over-spray in the produce aisle?); - How long the water had been on the floor?
- Whether the store was on notice that there was
water on the floor? - Whether the store should have been on notice that there was water on the floor?
In addition to contacting an attorney, the poster was also
advised to collect and document evidence as soon as possible. This would include taking
pictures at the scene of the accident, taking pictures of the injury, and
making an appointment to see a doctor. Well-organized documentation will not
only help the doctor make an accurate diagnosis, it will also strengthen
a case during settlement negotiations and/or during trial.
Got a question of your own? Be sure to ask our Answers Community for their suggestions. It is easy to do and a good way to get a start on finding any legal help you might need.
Related Resources:
- Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
- When Is It Too Late to Sue for Injury? (FindLaw’s Injured)
- Slip-and-Fall: Do You Have a Case? (FindLaw’s Injured)
SOURCE: Injured – Read entire story here.
