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A duty is a legal obligation that is owed from one party to another party.
You owe it to yourself to talk to an experienced slip and fall attorney before you speak with any insurance adjuster. Our firm works with a variety of experts who can assist with proving your case to a court in addition to vocational, economic, and medical experts who can help us maximize your recovery present the strongest case on your behalf.
Putting our extensive experience to work for you we will answer your questions and help you understand the entire process either by way of settlement or suit. Call for your free case evaluation.
Slip and fall injury or trip and fall injury is the common term for injuries
that occur when someone slips, trips or falls on someone else's property as a result of a dangerous or
hazardous condition. Sometimes, these injuries may also be referred to as slip, trip and fall injuries.
Slip and fall injuries may sometimes can result from issues such as water, rain, grease, snow, or ice on an area in which peole are expected to walk. Other causes can stem from an unexpected change in poor lighting or flooring or some hazard that is not easily visible like a break of a hard to see space in the ground Slip and fall and and trip and fall cases are in the catagory of fall accidents and any damges orl injuries sprining from these events are in the general catagory of personal injury cases.
Another name for these types of cases are called premises liability cases. The term premises liability describes events in which an
individual is injured on the premises of another person or that is controled by owned or maintained by another person, so that and the owner or possessor of the property is liable for the injury.
Many disabling injuries result from slips on slippery, wet, or greasy surfaces, as many trips result from missing manholes or utility covers causing unexpected holes in walkways and other unseen hazards on surfaces that residential and business property owners, or city, state and even federal government entities should be properly maintaining.
Fall down accidents may be characherized as trip and fall accidents in the instances of an obstruction in a walkway, stumps that cause falls as in a defect of a walking surface, step and fall accidents as in an unexpected space or hole in a walking surface or slip and fall accidents such as breaks in a floor.
Slip and fall accidents may result from structural conditionssuch as buildings age, certain wear and tear can create cerditions such as damaged walkways, ripped carpet, damaged stairs are examples whcih cause injury.
Weather related conditions pose certain potential problems as property owners have a duty to make reasonable efforts to make the premises safe. Persons who are in contol of property should shovel snow and salt walkways and sidewalks to attempt to prevent slip and fall accidents in icy or cold weather conditions.
Building Code Violations – A property owner may be liable to a slip and fall victim who is injured as a
result of the building’s non-compliance with building codes.
Issues that can be investigated are to determine if the property owner kept the floors dry and clean, did wet ares exist on the floow, in the event that certain processes should have been utilized, were they properly maintained and in instances when appropriate, was the proper gear used in thbe propermanner.
In instances involving spills, issues arise involving the amount of time that lapsed between the time of the spill and when is was attended to and if it was attended to properly so that it would not cause or contribuite to an injury.
Issues involving lighting relate to if the lighting conditions in the area are reasonble to the situation and location
In the event of the injury an accident report should be taken as quickly as possible at the time of the slip and fall accident that should documenet exactly what happended and if there were any witnesses to the accident as well as the factors that caused it.
The laws of negligence as relating to slip and fall accidents involves the nature and extent of the duty that the property owner may have to the person who was the injured. The degree of duty owned has different levels of duty owned which invlves different classes of persons who may be on someone else's property which are invitees such as a delivery persons or guests. The next catogory is called a licensee which are persons on the property solely for their own benefit such.
In order to show that a property owner or possessor knew or should have known about a danger the plaintiff must be able to show that the owner created the dangerous state, that the owner knew the danger existed and did not correct it or, the danger existed for such a length of time.
For a property owner or possessor to liable in a slip and fall case the danger at the time of the accident must have been reasonably foreseeable.
In certain circumstances a plaintiff can prove negligence by proving that the property owner violated a relevant code or statute.
Compensatory Damages - Damages awarded to make the injured party whole.
Court Reporter - Certified person who maintains a verbatim record of court proceedings.
Court Rules - Procedural rules court that control the litigation process. Court rules often dictate the style and format of documents submitted to the court.
Cross-Claim - Claim by codefendants or coplaintiffs against each other in a civil case and not against parties on the opposite side of the lawsuit.
Cross-Examination - Questioning of a witness by an adversary party.
Cumulative Sentences - Consecutive rather than concurrnt sentences.
Damages - Money awarded by a court to a person to compensate for the unlawful act or negligence of another person.
Decision - The judgment reached or given by a court of law.
Declaratory Judgment - A judgment of the court that explains what the existing law is or expresses the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement.
Defamation - That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.
Default - A failure to respond to a lawsuit within the specified time.
Decree - An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.
Default Judgment - A judgment entered against a party who fails to appear in court or respond to the civil complaint or petition.
Defendant - In a civil case this is the person being sued. In a criminal case thsi is the person charged with a crime.
Deferred Sentence - A sentence that is postponed to a future time. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.
Demand for Discovery - Demand by the defense attorney to the prosecutor to furnish material information on a case.
Demanding State - The state seeking return of a fugitive.
Deficiency Judgment - Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral.
De Novo - Anew. A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.
Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.
Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.
Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.
Disclaim - To refuse a gift made in a will.
Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.
Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others. Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.
Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Direct Examination - The first questioning of witnesses by the party on whose behalf they are called, jack hyatt, jack i. hyatt,
Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.
Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law.
Discharge of bond - A court order to release a bond.
De Novo - Anew. A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.
Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken in order to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.
Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.
Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.
Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.
Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.
Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law.
Discharge of bond - A court order to release a bond.
Competency to Stand Trial - the ability to understand legal proceedings, to cooperate with counsel, and to help in preparing one's defense. A person who is not competent cannot be forced to stand trial.
Costs - Fees charged by the court, including service fees, witness fees, publication fees, and so forth. Costs do not include attorney fees.
Corpus Delicti - The fact that a crime has been committed. Corpus delicti is sometimes used to refer to the body of the victim of a homicide or to the remains of a burned house, but the term actually has a broader significance. If the prosecution wishes to convict someone of a crime, it must begin by proving that a criminal act took place, in other words, proving a corpus delicti.
Counsel - Legal adviser or lawyers. Counterclaim - Claim against the plaintiff by the defendant in a civil case . In effect, a counter lawsuit within the greater lawsuit.
Court Administrator or Clerk of Court -Officer of the court who oversees the non-judicial, administrative, business of the court.
Court Costs - Fees charged by the court, including service fees, witness fees, publication fees, and so forth. Costs do not include attorney fees. A court may award court costs to the successful party, from the losing party to reimburse for the winner's court costs.
Court - The judicial branch of government. Judges sometimes refer to themselves in the third person the court.
Court Recorder - Deputy clerk who maintains on tape the verbatim record of court proceedings, jack i. hyatt, jack hyatt,.
Disclaim - To refuse a gift made in a will.
Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.
Discretion - A power and or a right that is conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.
Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.
Disposition - The sentencing or other final settlement of a case or legal matter, jack hyatt, jack i hyatt,
Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.
Disposition - The sentencing or other final settlement of a case.
Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.
DOC - The Department of Corrections - state prison facility.
Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.
Docket Call - The proceeding in which a judge assigns trial dates or takes pleas.
Docket Number - The numerical designation assigned to each case by the court.
Domicile - The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.
Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.
Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants' rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.
Complainant - The party who complains or sues , one who applies to the court for legal redress. Also called the plaintiff.
Complaint - [Civil] The initial paperwork filed in a civil action that states the claim for which relief is sought , in the complaint the plaintiff states the wrongs allegedly committed by the defendant. [Criminal] A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law.
Competent Witness - Every person is considered competent to be a witness. When a party questions the competency of a witness, the judge must determine the witness's capacity to observe, recall, and communicate what he or she witnessed, and that the witness understands the duty to be truthful, jack i hyatt, jack i. hyatt,.
Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party held in escrow until all conditions of the agreement are met.
Equity - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies.
Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset. Conciliation - A form of alternative dispute resolution in which the parties to a dispute attempt to bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.
Concurrent Jurisdiction - Authority vested in more than one court to hear and resolve specific types of disputesjack i. hyatt, jack hyatt,.
Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other.
Conditions of Release - Conditions on which an arrested person may be released from confinement pending trial.
Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
Extrinsic - Foreign, from outside sources.
Family Allowance - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
Felony - A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.
Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him or her, demanding his or her surrender.
Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit: a guardian, trustee or executor.
File - To place a paper in the official custody of the clerk of court or court administrator to enter into the files or records of a case.
Filed in Open Court - Court documents entered into the file in court during legal proceedings.
Consecutive Sentences - Successive prison terms, imposed on a person convicted of two or more crimes.
Condemnation - Legal process through which the government takes private property for public use, paying the owners a fair price as determined by the court.
Conservatorship - Legal authority given to a person to manage the financial affairs and property of a person ruled incapable of such management.
Consideration - Anything exchanged for something else. Consideration may consist of a promise to perform a certain act or a promise not to do something, such as a promise to deliver goods, or a promise to pay money. Consideration must be something of value to the parties to the contract.
Consolidation - Joinder of two or more separately filed criminal or civil complaints in one case.
Contraband - Articles or substances prohibited by law.
Contract - An meeting of the minds between two or more persons that creating an obligation to do or not to do something. A contract must involve something of value promised or given, and a reasonable amount of agreement between the parties as to what the terms of the contract. Both parties must be legally capable of making contracts.
Contempt of Court -Behavior intenterfering with the functioning of a court. Alternatively, contempt could be a willful act of disobedience of a judge's written or verbal order. Contempt may be direct and indirect. When the conduct occurs in the judge's presence, the contempt is direct and may be punished immediately. Any other conduct not witnessed by the judge may be indirect contempt. The court must give the accused party notice and an opportunity to be heard Before punishing indirect contempt.
Continuance - Postponement of a trial or hearing.
Contributory Negligence - A legal doctrine that stopping the plaintiff in a civil case from recovering against a defendant for his or her negligence if the plaintiff was also negligent.
Judgment of guilt against the criminal defendant, jack i hyatt, jack i. hyatt,.
Corroborating Evidence - Supplementary evidence that confirming or strengthening the initial evidence. Elements of a Crime - Specific requirements that define a crime and which the prosecution must prove beyond a reasonable doubt in order to obtain a criminal conviction.
Eminent Domain - Power of a government to seize private property for public use through condemnation.
En Banc - All the judges of a court meeting together. Appellate courts may have a dozen or more judges, but often they hear cases in groups of three judges. A case tried by the full court is heard en banc.
Endorsed - Stamped with the the date and time of filing with the court as evidenced by seal of the court.
Enjoining - An order by the court telling a person to cease performing a specific act.
Entrapment - A defense to criminal charges asserting that agents of the government induced a person to commit a crime he or she otherwise would not have committed.
Entry of Judgment or Order - Official recording of a written, dated and signed judgment or order.
Equal Protection of the Law - The requirement in the Fourteenth Amendment to the U.S. Constitution Article III, and Article II, that the law must treat all persons equally. Courts have established that equal protection requires that courts be open to all persons on the same conditions, with the same rules of evidence and modes of procedure, that persons be subject to no restrictions in the acquisition of property, that persons are liable to no other or greater burdens than those are laid upon others, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others, and that no different or greater punishment is enforced against them for a violation of the laws.
Escheat - The process by which a deceased person's property is transferred to the state if no heir can be found.
Estate Tax - A tax on property transferred to others after a person's death. Many states have their own estate taxes In addition to federal estate taxes.
Estoppel - A person's own act precluding him or her from later making claims to the contrary.
Et al. - And others.
Et Seq. - And the following, used in a series of case numbers.
Evidence - Testimony or exhibits accepted by the court at any stage of court proceedings.
Examination - Questioning of a witness sworn to tell the truth.
Exceptions - Reservatin the right to appeal a judge's ruling upon a particular motion. In regulatory cases, objections by either side to points made by the other side or to rulings by an agency or one of its hearing officers.
Exclusionary Rule - The rule preventing illegally obtained evidence from consideration in any trial.
Execute - To sign a will before witnesses, making a will valid. Alternatively, to put imto effect the final judgment of the court.
Exempt Property - Property protected by law from the reach of creditors.
Exhibits - Evidence introduced in court and forming part of the case file.
Executor - Personal representative who administers an estate, jack i hyatt, jack i. hyatt,.
Exigent Circumstances - Need, emergency, oe demand calling for immediate action or remedy justifying a warrantless search.
Exonerate - Deletion of a charge, responsibility or duty.
Ex Parte - Involving one party only without notice to any other party. One example of an ex parte proceeding would be a request for a search warrant.
Ex Parte Proceeding - Legal procedure in which only one side is present. An ex parte proceeding differs from an adversary system or adversary proceeding, and is only lawful in limited circumstances.
Ex Post Facto - After the fact. ex post facto laws are prohibited by the Constitution. Ex post fact laws punish persons for acts that were lawful at the time they were performed.
Ex Parte Communication - Communication concerning a lawsuit between a judge and a party interested in the case when all of the parties are not present and the absent party did not have notice.
Express Warranty - An affirmation made by a seller to the buyer that is relied upon by the buyer in agreeing to a contract.
Expungement - Official and formal erasure of a record or partial contents of a record.
Finding - A formal conclusion by a judge or agency of issues of fact. Also, a conclusion made by a jury regarding a fact.
First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his or her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.
Final Order - An order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.
Foundation - Preliminary questions to a witness to establish admissibility of evidence, laying a foundation for admissibility.
Fraud - Intentional deception to deprive another person of property or to injure that person in some way, jack i hyatt, jack i. hyatt,.
Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.
Fugitive - A person who flees from one state to another to avoid prosecution.
Garnishment - A legal proceeding in which a debtor's money, which is in the possession of another called the garnishee , is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
Fruit of the Poisonous Tree - Property seized or statements made subsequent to and because of an illegal search or interrogation. Fruit of the poisonous tree is generally not admissible in evidence because it is tainted by the illegal search or interrogation.
General Damages - Compensation for the loss directly and necessarily incurred by a breach of contract.
General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Good Faith - Honest intent to act without taking an unfair advantage over another person. This term is applied to many kinds of transactions.
Grantor or Settlor - The person who sets up a trust. Also known as trustor. Good Time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one-third to one-half off the maximum sentence.
Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If one parent dies, the children's guardian will usually be the other parent. If both die, it usually will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself. A guardian also may be given responsibility for the person's financial affairs, and thus perform additionally as a conservator. See also Conservatorship.
Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful or prejudicial to require that the judgment be reversed on appeal, jack i hyatt, jack i. hyatt,.
Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard.
Habeas Corpus - A writ used as a means to bring a person before the court to determine whether he or she is being detained unlawfully.
Hearsay - Testimony by a witness involving various events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its unreliability.
Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence.
Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose.
Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.
Implied Consent - Knowing indirectly through conduct or inaction that a person would agree or give permission.
Implied Warranty of Merchantability - An assumption in law which the goods are sufficientfor the ordinary purposes for which such goods to be used. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold. However, if there is a warning that the goods are sold as is, the implied warranty does not apply.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence, jack i hyatt, jack i. hyatt,.
In Camera - In chambers or in private. A hearing in camera takes place in the judge's office outside of the presence of the jury and the public.
In-Custody Arraignments - Arraignment while the defendant remains in jail because defendant has not been released on bond or by other means.
Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
Incarcerate - To confine in jail.
Indicia - Signs, indications.
The information contained in this website does not constitute legal representions, does not create an attorney client relationhship and any reader should consult with an attorney prior to making any legal decision. © 2013 Jack I. Hyatt Any reproduction without express written permission constiutues a violation of applicable laws.