Episode #86: Anatomy of a Slip and Fall Claim

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A slick floor, a hard fall, and suddenly everyone asks the same question: who pays? We open the claims toolbox and walk through slip and fall cases step by step, showing how quick evidence work, clear liability analysis, and smart communication shape the outcome. From icy sidewalks to grocery spills, we explain the differences that matter and the proof that sticks.

First, we dig into scene preservation and notice. You’ll hear why photos and security video are gold, how floor-walk logs can narrow exposure, and when a “storm in progress” protects property owners. We put the ABCD test—duty, breach, causation, damages—at the center, then layer in comparative fault, footwear choices, and the reality that invitees share responsibility to keep a lookout. A buffet ice cream case illustrates how seconds of video can flip a claim from alleged negligence to med-pay only.

Next, we map contribution and contracts. Snow removal agreements decide who shares blame, so we break down “we handle everything” promises versus narrow scopes, and why early outreach to other carriers saves everyone time. We also show how to keep your insured looped in with offers, demands, and potential excess exposure to guard against bad faith narratives.

Finally, we tackle the part that derails many settlements: Medicare, Medicaid, and ERISA. Learn why CMS reporting is mandatory, what conditional payments mean, and how to explain tentative versus final amounts without losing trust. We close with valuation strategy, practical negotiation moves, and the litigation arc—from summons to discovery, mediation, and full and final releases, including consortium and minor approvals.

If you want clearer claims, faster resolutions, and fewer surprises, this deep dive will sharpen your process and your judgment. Subscribe, share with a colleague, and leave a review to help others find the show. What’s your toughest slip and fall challenge right now?

For more insights, you might consider a career in liability adjusting or if you're searching for reliable adjusting services, visit Auten Claims Management.

To explore more about Chantal Roberts and her contributions to the industry, visit CMR Consulting.

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