I recently completed a trial in Allegheny County for a slip and fall case on ice at a farm. The individual was delivering feed to the farm and was walking over an area which was was dirt that had ice built up on top of it. As he was bringing the feed into one of the barns, he fell down on his backside and ended up injuring his back. The insurance company had indicated to us that they would never pay a penny on this case. Obviously, our only choice at that point was to put the case into suit. We proceeded to discovery on through the trial.
At the trial, I was able to establish that the individual who owned the area and the farm itself would have frequented that area. I was also able to show that they would put down some type of footing material for the cattle on the property. I feel the jury recognized that the owner of the property had more interest in the livestock then in the care of people who are lawfully on the property.
After a number of days of testimony, the farmer was partially at fault for causing my client’s injuries. His injuries, unfortunately, were very severe. Only after a trial, will the insurance companies even talk to us about this case.