When someone slips and falls, the first thing they do is look nonchalant. People prefer that no one notice that they fell. It's embarrassing after all. The second thing, injuries, only come into play, if someone is hurt. If the slip and fall produces injuries, there is a third aspect of slips and falls: Who is going to pay?

Mrs. Ciminski, an elderly lady, fell while helping herself in a buffet line at a self-serve restaurant. Whose fault was it? Was it her fault for not being aware of potential problems? Was the fault of the restaurant for not being aware of accidental spills?

Personal injury attorney Terry E. Lumsden says, "At that time the law was very difficult for someone injured in a slip and fall situation. They had to prove that what they slipped on was caused by the owner or that what was on the floor was there so long, the owner, in exercising reasonable care, should have discovered and cleaned it up. That was a very difficult test for an injured person to overcome, especially when after the fall the wet material usually disappeared, the owners and employees of the premises would deny there was anything on the floor, and the injured person did not know what it was. It usually resulted in the case being dismissed."

In handling this personal injury case, Attorney Lumsden advanced a new theory that owners of self-service operations must anticipate problems. They should know that there will be spills. The establishment requires customers to serve themselves and thereby save the owner and the customer money. A buffet food line, as a matter of law, will produce spills. Management must prepare for them and remove them. Lumsden said, "Thus the owners must enforce a strict schedule to inspect and look for spills and clean them up. The defendant owner in this case did not have such a policy."

In the personally injury settlement for slips and falls, Ms. Ciminski was awarded close to $100,000.00.

In today's world even minor accidents may cost small fortunes in medical costs. A twisted ankle may result in missed work, pain, suffering, medical equipment rental, and doctor fees. Who will pay?

For our own personal safety, we should all practice due diligence to protect ourselves. Some things are beyond our control, however. Bad things happen. That's what insurance and personal injury attorneys are all about. Someone has to pay. Who will it be?