Slip and Fall Case Woes: Dealing with the Insurance Adjuster

Suffering an injury because of a slip and fall inside a commercial property entitles you for monetary compensation for the damages you incurred because of the accident. To prove this, you must have established a slip and fall case that would put the property owner liable for what happened to you. However, dealing with your claim is very difficult, especially if you are up against the insurance adjuster.

Getting involved in a slip and fall accident increases your chances of the insurance adjuster doing whatever it takes to take the liability off the property owner. It won’t matter for the insurance company, regardless of the circumstances of the accident. What it will do is construct an argument saying that your carelessness—not the carelessness of the property owner—caused your injuries.

The reluctant disposition of most insurance adjusters is due to their thinking that such cases are bound to be dismissed in court. While such cases may still proceed through in court, it would be a rarity for the jury to place the liability on the defendant (the property owner). That is unless the victims’ injuries are deemed severe.

As such, for you to avoid dealing with the insurance provider’s possibility of removing the blame on the insured defendant, then there are two important things that you need to show in your claim. First is the police report. If there is a mere mention that there was indeed a hazard at the time of the accident, then it is a must that you show it to the adjuster.

Zaccaglin’s Case: An Insight into the Legalities of Slip and Fall Injuries

 

Accidents happen unexpectedly; however if such incident is caused by another person’s negligence, it is justifiable for him or her to take responsibility for the damages that the unfortunate event has brought. These meant that the liable party should pay compensation for the accident victim.

Take for instance the case of Anthony Zaccaglin. He won $7.5 million after a slip and fall accident. According to news reports, the Superior Court jury in Vista, California ordered Starbucks to pay Zaccaglin and his family such amount of compensation after a slip and fall accident left him with a brain injury.

The court records indicated that such amount was granted to compensate for the losses of Zaccaglin. His losses included income, medical expenses and loss of enjoyment of life. According to the victims’ attorney, Zaccaglin was picking up his order in 2008 at a Starbucks branch. There, the victim slipped on a recently mopped area, causing his head to hit the floor. 

Witnesses attested that they only saw one warning cone on the mopped area. It therefore placed the liability towards the Starbucks employee and its store manager. It was also revealed that Zaccaglin went to a physician with constant head pain, nausea and other symptoms.