Slip and fall client is not sure exactly what it was he slipped on inside a business, but says the floor was extremely slippery, but did not see anything on the floor. Couple employees admitted there were prior issues with the floor being slippery but were not specific. Carrier initially accepted liability, but new adjuster now disputes liability. How much of a problem is it if client cannot specifically identify what was on the floor that made it so slippery? Thank you.

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I'd keep threatening looming litigation and force them to offer. If no offer then file and take depos of those employees to get more instances of cleaning practices, what things before were so slippery, etc.

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Yes, thank you. There is an offer, but less than ideal.

Think you need to have a long chat with your client and go over photographs of the area (even if it’s not from the date of incident) to see if he knows what he slipped on. Without this you’d be dead in the water in my state

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Ask him if maybe his pants were wet after he fell, also sometimes there may be a statement in the medical records, I once found EMS records where the EMT commented that the floor was slippery and appeared to have wet cleaning fluid

In my state you've lost.

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Thanks, may I ask what state? Do you think it's vulnerable to an MSJ?

What kind of business?

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Do a site inspection and run a coefficient of friction analysis where the client fell. Most restaurants use inadequate flooring. It’s expected that liquids/grease etc will fall on the ground in a business like that so they have to choose adequate surfaces or use mats. That should give you some leverage. Then settle. 😂.

I do pre-lit negotiations. I would ask point blank why the adjuster reversed the liability decision and to provide the evidence and case law that brought them to this decision. Depending on the amount if time that has passed, send your own investigator out to the scene. You can also threaten litigation. If the adjuster dies not budge, once litigation is filed, DWQ all maintenance records, surveillance films, and insurance claims. Then schedule depositions of the employees. In your request for admissions in the discovery you send out, ask them to admit or deny they previously accepted liability.

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