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Personal Injury
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What if my slip and fall injury was on my landlord’s property? Or at work? Or at the mall? How does that affect the process?

The process is basically the same, since the typical property owner carries liability insurance in the event someone is injured on their property.

Initially, you need to make a claim with the party’s insurance adjuster or proceed directly to a lawsuit depending on the severity of the problem and whether liability is in question. An attorney will investigate and research who the responsible party is, determine if there is any additional coverage, and get details about their insurance coverage that the other party or their carrier may not be as willing to divulge to you directly.

In an apartment building, if the injury occurred in a common area over which the landlord has control (i.e., hallways, parking lot, swimming pool, elevator, and so forth), the landlord may be liable for some big bucks. On the other hand, if the tenant created the danger, leaving things scattered around the stairwell (e.g., children's toys, garbage) and it impedes a guest or falls on a guest, then the tenant is liable. As a tenant, you may also be liable for injuries if someone slips on a loose and worn-down carpet in your apartment, falls, and breaks her arm. But the landlord may share responsibility if he was aware of the loose carpet and needed to fix it.

Don’t be afraid to make a claim against your landlord for fear of disturbing the relationship or getting evicted. In fact, that’s a good reason to get an attorney to handle the matter more objectively. She will work with the landlord’s insurance carrier.

Injuries at the workplace may have additional complications. In some instances, you can’t sue your boss. For example, in some states, workers' compensation kicks in when an employee is injured on the job. So the employee is then paid under the workers' compensation system, but the trade-off is that workers cannot sue their employers. (However, the worker can collect workers’ compensation and sue any third party whose negligence contributed to the injury; for example, the manufacturer of a defective part that caused your on-the-job accident.) In some states, if your boss does not carry workers' compensation insurance, you may have the choice of collecting workers’ compensation or suing your boss (how you should proceed depends on several factors -- fault, severity of injury, financial stability of your boss). It would be wise to check with a local personal injury lawyer who will work with you to make a decision in an informed fashion.

Other cases may entail workers' compensation claims. This might include a significant repetitive stress injury related to the work performed, when the work station was not ergonomically appropriate.

A slip and fall at a public mall may have the challenge of determining whom to sue, as there are different levels of ownership and management. For example, there may be a store owner, a mall management company, and even a higher corporate owner.

Whatever entity may be liable, by and large, the hub of a slip and fall case is your behavior.

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