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Premises Liability cases can be slippery territory if you don’t hire the right attorney to fight for you. 

In this week’s Settlement of the Week, Attorneys, Rocky McElhaney, Sam Wright and Paralegal, Alisa Ushman prove why Rocky McElhaney Law Firm has the straight-shooting, hard-working,  no-nonsense legal talent to get the job done.

Early this month, the three previously mentioned RML Gladiators obtained a fantastic six-figure settlement for an active Franklin wife and mother who fell down some steps at a home bible study in Leiper’s Fork in May of 2018.

Our client broke both her wrists and had pins and plates put in both during one surgery. Her medical bills were $63,000. Unfortunately, it doesn’t always work out this way, but we’re happy to report that she had a really good recovery and has not been back to the doctor in 18 months!   

Our client’s claim for compensation for her damages was against the homeowners, who were insured by their homeowner’s policy. 

While Rocky was taking the defendant homeowner’s deposition, she revealed that bright caution tape had been applied to the steps to visually signal the end of the step and the change from one level to another, but that it had been removed for aesthetic purposes making the difference between the step and the ground virtually undetectable to the human eye. After much back and forth, and many contradictory statements, she also admitted that she’d been aware for some time that the steps were “tricky” and that 4 other people had recently fallen down the steps. 

To respect social distancing guidelines, our client’s mediation was allowed to take place via video teleconference. Because of the outstanding effort put forth in building such a great case for our client, Rocky, Sam, and Alisa were able to get her claim settled for $175,000 plus mediator’s fees and court costs (paid by the defendant). The client was pleased and happy to be able to move forward with her life.  

 

 

Rocky Law Firm, Premises Liability Attorneys Rocky McElhaney and Sam Wright

 

 

This is a cautionary tale for both visitors and homeowners or landlords.  

As a homeowner, you have a duty to maintain a safe property for your guests. If you’re aware of an issue or have knowingly cut corners to save money you could find yourself in the middle of a lawsuit. Homeowners insurance is there to protect homeowners from being held personally liable for claims like this. If you are uninsured or do not carry enough insurance, you could be held personally liable for damages if someone is injured in a preventable accident as a result of negligent maintenance of your property.  

Visitors: Though insurance policies are meant to step in on behalf of negligent parties to compensate you for your damages­, they sure don’t make it easy. Despite visual proof of what caused the injury, case law citation, medical proof of injury, discovery, depositions and expert testimony, they may still fight you for every deserving dollar. Experienced trial attorneys, like those at the Rocky McElhaney Law Firm, have mastered the strategy involved with winning difficult cases like these. The sooner RML is on the case, the sooner we can begin preserving evidence, talking to witnesses and building your claim for damages. If our client had not hired us to help with her claim, a settlement like this would have not been possible on her own.  

What if I fell on the property of someone that I have a good relationship with?  

We know that it can be emotionally stressful to not only sustain a serious injury but to do so on the property of a friend, family member or fond acquaintance.  However, the alternative to not filing a claim is being stuck with mounting financial debt and pain and suffering from injuries that were caused by someones else’s carelessness. It’s a dark, regretful place to be.  We can tell you that by hiring us,

  • We will make it as smooth and as painless a process as possible.
  • We care about keeping you informed of all communications each step of the way.
  • We care about your best interests and your level of comfort with the claim.
  • We are professional, ethical and respectful in all matters and have the client approval ratings and industry reputation-based awards to prove it.  

We also know that there’s a significant amount of social stigma behind making an insurance claim. But, providing a fair financial recovery for injury victims while shielding the insured from personal liability is in fact, what we purchase insurance to do.  Providing injury victims with monetary compensation is the only remedy we have under the law to make things right and get justice.  It’s why we’re required to have insurance for our autos, boats, and homes. And, that’s why at Rocky Law we continually say:   “You should always by as much insurance as you can buy — to protect you, your family, your assets and all others.”  

 


 

If you or a loved one has been injured on a company or individual’s property, contact the dedicated premises liability attorneys at the Rocky McElhaney Law Firm today 24/7 at 615-239-0119 or fill out our contact form.  Don’t settle for lessWe fight for you.  

  

Text Us615-425-2500