Legal Question in Personal Injury in Texas

Slip and Fall Settlements

I fell in water in front of the check out counter at local grocery store.

The store manager saw it all and reported it to their HR

department. I had to have knee surgery, have 36 weeks of

rehabilitation to go through and was told by my doctor to expect

the pain to last a year or more. What is the average settlement for

a slip and fall where the store has acknowlegded fault and surgery

had to occur? They will be assuming responsibility for medical

bills I've paid, but I thought I overheard the HR person say their

offer will be around $10,000, which seem low for the amount of

time off work, and the fact that I had to have knee surgery. So

again, what is the average settlement for this type of case?


Asked on 8/04/05, 5:15 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Slip and Fall Settlements

Unfortunately, there is no such thing as an "average" settlement. The amount of a settlement is determined by sometimes dozens of factors: the county in which the accident happened; the amount of the medical bills; the character and reputation of the doctor rendering the care; which insurance company you are dealing with; which adjuster within that insurance company you are dealing with; whether you had any pre-existing conditions; etc. And in a slip-and-fall case, having the manager acknowledge there was water on the floor is not the same as winning on liability. You have the burden of proving that the store knew (or should have known) that the water was on the floor PRIOR to your fall. And once the insurance company lawyer has "wood-shedded" the manager as to how he should testify, don't be too surprised when the manager no longer acknowledges that he water was on the floor. In short, you need a lawyer. Trying to handle a case of this complexity is like trying to perform home brain surgery--it's just not a great idea. Call me.

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Answered on 8/04/05, 6:59 pm


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