A ‘slip and fall’ or a ‘trip and fall’ accident is self explanatory–they occur when a person slips or trips and falls and suffers an injury on someone else’s property. The condition which causes the accident can be varied, ranging from liquid on the floor of a supermarket, merchandise left in the aisle of a department store, an uneven flooring surface or raised sidewalk slab, or even a stairway without a necessary handrail. Not surprisingly, the general belief of anyone who is injured when there has been a slipping or tripping accident is that the property owner is automatically responsible for the injuries that result. This is not always the case. These cases are generally referred to in the legal community as “premises liability” claims and over the years the law has developed in such a way so as to present substantial challenges to the injured plaintiff to impose responsibility (or legal “liability”) on the property owner for any damages or harms that result from the accident.

These premises liability cases generally involve accidents which occur on private property, commercial/business properties, or property owned and controlled by governmental entities. The challenges and procedures with respect to claims against governmental entities for dangerous conditions existing on public property are governed by different rules and procedures than claims against a private or commercial/business property owner. (more…)

Many clients come to our office to discuss their potential medical negligence case and learn that they, or someone on their behalf have signed a binding arbitration agreement. Almost all feel that this somehow compromises their claim.

We assure them, depending on the facts of their case, that it’s not all bad and, in fact, may be a good thing.

A Brief History

Courts love arbitrations. It gets cases off their dockets, which saves the courts time and money. This is an especially good thing in these troubled economic times. The arbitration statutory scheme is set forth in Code of Civil Procedure §1280, et seq. There are numerous court cases upholding the validity of arbitrations, enforcement of arbitration agreements, and enforcement of arbitration awards. Arbitrations are here to stay.

One problem that has arisen with arbitrations is that, since they are adhesion contracts (you must sign or you don’t get the treatment), the healthcare provider who requires you to sign the contract has the money, manpower and volume of cases to manipulate the arbitration system to their advantage. (more…)