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“Contributory negligence” cited in slip and fall defense

A slip and fall accident that occurs anywhere in Merrimack Valley may be accompanied by a good deal of embarrassment. Most people pride themselves on being able to avoid such mishaps, and often don’t want it to be known that they were caught in such a vulnerable position. Yet problems can arise when one allows that embarrassment to keep him or her from seeking necessary medical attention following such an accident. Not only can it contribute to the worsening of any injuries that one sustained during the fall, but it could potentially call into question his or her claims against those whose negligence may have contributed to the accident in the first place.

A woman currently involved in a legal dispute with the Illinois hospital where she fell is currently facing such skepticism. She claims that the hospital, where she worked as a housekeeper, failed to maintain adequate safety conditions when she slipped on liquid lying on the facility’s cafeteria floor. In her lawsuit filed against the hospital, the woman claims to have sustained serious injuries in the accident, which have left her facing large medical bills coupled with lost wages from having to miss work.

The hospital’s response to her claims has been to argue that she contributed to her own health problems by not seeking immediate medical treatment following the accident, and that such inaction was contributory negligence on her part.

One may not originally intend to seek compensation following a slip and fall, yet his or her subsequent medical expenses may leave no choice. Seeking immediate medical care following such an accident may prove to beneficial to both one’s health and subsequent chances in liability claim, as may his or her decision to work with an attorney in filing such a claim.

Source: The Madison-St. Clair Record “Alton hospital denies liability in slip and fall case”Heather Isringhausen Gvillo, Jan. 15, 2015


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