Incomparable Results on Slip & Fall
Barry P. Goldberg and his team have achieved results on slip & fall / trip & fall premises liability cases that others believed impossible. Although many potential clients think that the mere occurrence of an accident on another’s property is sufficient to make a recovery, they are sorely mistaken. In fact, premises liability is one of the few areas of law where the landowner is entitled to a jury instruction that states that he is generally “not responsible” for an accident on his premises, unless certain conditions are proven.
Mr. Goldberg takes immediate steps to investigate the accident location and accurately document the circumstances with photographs of the premises and the corresponding injuries. Identifying the “dangerous condition” as early and accurately as possible is paramount to proving the case and obtaining a successful result. We try to take possession of the footwear involved to preserve this important evidence should it be required later on, including for use in slip tests.
Mr. Goldberg often hires accident reconstruction and safety experts to copiously measure defects on walkways and stair cases and measure ambient lighting. Those measurements are compared to applicable building codes and standards to determine if the area is unsafe. These experts can also measure the coefficient of friction to determine how slippery a walking is and how the mechanics of an accident occurred. Often, our case is ready and established even before the insurer opens up a file.
More often than ever before, slip and fall and trip and fall accidents are caught on security and surveillance video. We know how to obtain that video from the right sources as soon as possible—before the evidence is destroyed or overwritten. A video actually showing the accident provides a compelling visual which often justifies a larger settlement to our clients. In addition, video eliminates doubts as to the timing of the event; the mechanics of the fall and can virtually establish liability.
Insurance policies that potentially cover premises liability situations have unique nuances that can be exploited—if your lawyer knows and understands those nuances. There can be tremendous differences between a typical Homeowner’s Policy and a Commercial General Liability Policy concerning who qualifies as an insured, whether “no-fault” medical payments are available, and regarding the limits of coverage available. Mr. Goldberg knows and understands these insurance policies and may be able to maximize recovery for his clients.
The insurers often force slip and fall and trip and fall cases into litigation to take advantage of attorneys who have not clearly obtained evidence of a dangerous condition. Some of our clients’ largest settlements have come during litigation after insurance defense counsel realize that we have all the necessary facts, measurements and evidence to establish liability in court.
Time and time again, this “professional approach” has yielded remarkable results on premises liability cases for our clients.