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slip and fall in Connecticut

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In May of 1997, a florist that was delivering wedding flowers to my parents' house in Connecticut, tripped and fell on an exposed drainage pipe on the front lawn.

The florist claims that she was instructed by my mother to walk across the front lawn to tie a white ribbon on a mail box at the foot of the driveway. Only flowers were ordered for that day, as is evidenced by a sales receipt. No one had requested the white ribbon and no one had instructed the florist to walk across the lawn. My parents' house has both sidewalks and a paved driveway. The drainage pipe was white in color and was clearly visible.

I am not privileged to specific information regarding the case, including the extent of the florist's suit or the extent of the florist's injuries, however, I do know that she suffered a sprained ankle and there were no other broken bones. Witnesses saw the florist marching in a parade less than a year later.

My parents have legal representation through their homeowner's insurance, however, I suspect that they are fearful that the florist may sue for damages above and beyond the scope of their coverage, including a permanent loss of wages.

Here are my questions:
1. How liable are my parents in this case?
2. Shouldn't the florist be covered for this under workman's compensation? She was hired and was paid to deliver the flowers.
3. Should my parents secure an independent lawyer in addition to the insurance company's legal counsel?
4. If yes to Q3, how do they go about finding a lawyer? It seems that most lawyers are only willing to take on personal injury cases if you are the plaintiff.

Any advice or information would be extremely appreciated.

Thank you in advance,
[email protected]




I would advise that your parents stay with the legal representation that they are getting from their home owner's insurance company. Remember, that carrier has a vested interest to make sure that they pay out nothing. Or if they do have to pay on a claim, that it be the least amount possible. In other words, I am sure that the insurance carrier's attorneys are doing the best for their employer (the insurance carrier) and their insured (your parents).

If you do want to get an independent OPINION (not representation), please feel free to do that. You will want either a personal injury attorney or a real estate attorney. Your parents can find one at attorneypages.com.

The personal injury attorneys are not really loath to take on such a case as this. Rather, what usually stops them is the potential client. Why? Because the attorneys will be charging them a standard hourly rate. That can end up costing a fortune. The attorneys do this since they are representing a defendant. Thus, the attorneys have no chance of getting a monetary settlement that would pay their fees and leave money for their client.

I hope this is a start and helps you.

Mark B. Replogle

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