Let’s set up a quick scenario: you’ve had a long day at work and are eager to get home, but before doing so, you pick up a pizza from the Domino’s here in town. You’re handed your order as the cashier says, “Watch your step on your way out!”. You smile and walk out of the store where there’s a small concrete step that elevates the entrance. Not expecting the drop, you fall and hit the ground hard, resulting in injury. Now instead of a nice evening at home, your night is filled with an unexpected trip to the ER. Your first thought might be that you aren’t allowed to sue Dominos. After all, they notified you of the step and painted it yellow. WRONG.

You would be correct in expecting that you should receive compensation if you get hurt at a place of business due to their negligence (i.e. Domino’s and their concrete step). While you do deserve compensation, you must be prepared for the counter arguments that try and pin the blame on you. The argument for Domino’s negligence seems like an easy one: they failed to fix the concrete step which then opened people to harm and consequently you were injured. However, Domino’s may try to take certain circumstances of the situation and attempt to frame the fall as your fault. A legal defense called the Open and Obvious doctrine could be used in an effort to make it your fault. The basic premise of the doctrine is that if the danger is an open and obvious one, a person should recognize the danger and take efforts to protect themselves. If they fail to do so, then that is their fault. In the case of Domino’s, they would argue that they have the step painted bright yellow and they warn you before you walk out of the door, making the threat of the step open and obvious.

Similarly, there is a legal defense called comparative negligence in which partial blame is placed on the invitee based on the invitee’s own negligence. If the danger is open and obvious then it is expected for a person to take appropriate precautions and, if they don’t, they were negligent in protecting themselves. If Domino’s can’t place the full blame on you, then they may use this argument to attempt to assign partial blame to you. However, while Domino’s painted the step to make it visible and the employees give you a verbal warning, it is always their responsibility to keep their customers safe. The concept of telling you to watch your step, is similar to a road sign that says “pot hole ahead”, why not just fix the pot hole? Neither open and obvious or comparative fault should bar you from bringing a claim, and they certainly should NEVER make you feel as though your fall was your fault. You should always speak to an attorney if you are injured on another’s property.

If you have a slip and fall accident?

A scenario like this illustrates the complexities of the law, personal injury, and how an argument can be used to flip the blame on the victim, when the victim is not at fault. Domino’s is completely aware of the danger but does not eliminate it and as such any injury that occurs because of it is entirely their fault and responsibility. By consulting and hiring Shelbyville’s personal injury attorney, Scott Harper, he will help you fight those arguments, make a strong case against Domino’s, and get the best outcome he can. If an accident at Domino’s or one similar to it happens to you, don’t hesitate to contact an attorney in order to protect your rights.

Call the Harper Law Co today for a free consultation. 502-780-2226

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

I often hear people asking about who has the cheapest insurance rates, preferring to pay less for their coverage in an attempt to save money. This, however, shouldn’t be the question or deciding factor in choosing an insurance company. Instead, it should be about which insurance company takes care of their insured the best.

You see and hear a lot of insurance ads on television and radio promising the best rates, coverage, savings etc. One of the biggest and widely known insurance companies is Geico; With their catchy slogan promising to save you 15% or more on car insurance in 15 minutes paired with a cute, miniature Gecko, it can be easy to get reeled in to the appeal of quick and easy savings. However, as a lawyer, I have filed suit against more Geico insurers than any other and would personally never insure with Geico. They may save you money up front, but in the long term they can end up costing you more.

Geico is one of the hardest companies to deal with when it comes to claims, despite their assurance that they save their insurers more money than other insurance companies. The hard truth is that Geico hands out the least amount of money as possible when settling a claim and they often resolve cases for much less than they are actually worth. Geico is one of the top dogs in the insurance industry and as such make obscene profits by refusing to make reasonable settlements. Moreover, they then funnel a significant amount of those profits towards advertising, convincing more people to switch to their company. It becomes a nasty cycle.

Geico’s refusal to payout the actual value on claims forces the insured into a hard position. You either have to take what they give you, knowing your claim was worth more, or hire a lawyer, which is costly, and attempt to have them settle the claim for more. Oftentimes even hiring a lawyer will still result in Geico settling your claim for less than other insurance companies would pay. While they may save you money up front, it can cost you time and energy down the road when a lawsuit is filed against you.

The views and opinions expressed herein are those of the authors and do not necessarily reflect the official policy or position of anyone else. Any content provided herein is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.