Trip & Fall

Premises liability cases, commonly referred to as “slip and fall” cases or “trip and fall” cases, involve accidents that occur due to negligent maintenance, or unsafe and dangerous conditions upon property owned by someone other than the accident victim. Property owners and business establishments have a duty to provide a safe environment for individuals on their premises. Common situations giving rise to premises accidents include uneven floor surfaces, poorly marked changes in elevation, slippery surfaces, broken sidewalks, uneven elevators and broken steps.

These types of cases are significantly different from other types of personal injury. The evidence of the condition that caused the injury often quickly disappears. The spill gets cleaned up or the stairs are repaired. If you are injured by tripping or slipping and falling, try to get photographs of the scene with your camera phone if you have one, the names and phone numbers of witnesses, and any physical evidence.

Unfortunately, many people erroneously believe that trip and fall and slip and fall accidents are minor and should not result in a lawsuit. Falls can cause serious injuries, including badly broken bones in the wrist, arm, leg, foot or spine. While falls affect victims of all ages, children and older adults are particularly susceptible to these kinds of injuries. Older adults are also particularly at risk for a broken hip injury during a fall.

Insurance Coverage After a Trip And Fall

Most health insurance contracts have what is called a subrogation provision in it. Subrogation provisions are a part of an insurance contract which requires you to repay the health insurance when they pay bills that are related to an injury case. If you don’t get money from your case, you don’t owe the money back. But if you do win your case in court or get a settlement, then you may be legally required to repay them. With Medicare and Medicaid, there is no insurance contract obviously but there are statutes that basically require repayments just like subrogation provisions in insurance policies. The idea is that you cannot just seek pain and suffering in a case but must seek repayment of medical bills and then if health insurance has paid those bills, then you have to pay the health insurance their money back. We at Drucker Law Offices are familiar with subrogation rules and walk our clients through the process, which at times seems arduous, ensuring that their health insurance coverage is never affected.