You deserve justice and appropriate compensation after a slip-and-fall injury. A successful slip-and-fall lawsuit does require appropriate action to show the cause and the result of the injury. Our laws and regulations clearly state the responsibilities of employers, businesses, and individuals to create safe walking conditions to avoid slip-and-fall injuries. However, not all slip and fall cases are simple to win as seen in an Ohio prison slip and fall lawsuit that is on the brink of failure.
Jimmy Dimora’s Failed Prison Slip-And-Fall Lawsuit
The prison company now housing Jimmy Dimora says his slip-and-fall lawsuit should be “tossed out” of court. Jimmy Dimora filed the slip-and-fall lawsuit in 2012, after he slipped while walking through a wet area of the prison floor at Northeast Ohio Correctional Center. At the time, he had only been at the prison for two months. Later, Dimora was convicted of more serious federal racketeering and corruption charges and he is now serving 28 additional years at federal prison in Victorville, California. Court documents show two primary reasons why this slip-and-fall lawsuit should be thrown out:
1. Dimora did not follow proper procedures for filing paperwork.
2. The area of water that he claimed caused his injury was “obvious” to others who walked through the area and were not injured.
Corrections Corporation of America (CCA) says Jimmy Dimora failed to follow the prison’s grievance policy, and this violates the Prison Litigation Reform Act, and they have the DVD footage from the surveillance video during the time of Dimora’s fall. Dimora claims he was unconscious for two minutes, and he is seeking $50,000 for negligence and emotional distress.
Jimmy Dimora has not yet filed a response to CCA, and lawyers for both parties have declined to comment on court proceedings.
Lessons From The Dimora Case
Most failed slip-and-fall lawsuits fail due to lack of proper evidence in the form of documents about the area where the fall took place, and delay in seeking medical attention. Time really is of the essence in seeking proper medical advice, acquiring paperwork for court, and beginning legal proceedings. In the case above, the defendant did not follow the correct procedure in filing his case and there is evidence to contrary for reasons of his falling.
Not every case has to be tossed out of court, here are steps to take to ensure your case gets a fair trial.
- Take proper documentation of the location where you were injured. Take photographs, make a sketch, and write down all important details.
- See a physician immediately and request copies of medical data that describes not only the injuries as they present, but also request the doctor’s prognosis about future limitations that might appear later due to this injury.
- If you are injured at work, do file appropriate paperwork with your employer about your injury and how the injury occurred. Take copies of that documentation, and any documents given to you by your employer.
- Follow your doctor’s instructions for recovery very carefully. Failure to follow doctor’s instructions can lead to a failed slip-and-fall lawsuit.
- In order to prove ‘negligence,’ you are permitted to take statements from witnesses. These are often the most
critical documents in successful slip-and-fall lawsuits. Collect written statements from anyone who may have seen you fall, and anyone who saw the conditions of negligence that led to the fall. Be sure they are signed and dated.