Episode 86 - Anatomy of the Slip and Fall Claim скачать в хорошем качестве

Episode 86 - Anatomy of the Slip and Fall Claim

🎧 Slip & Fall Claims: Liability, Evidence, and What Actually Matters In this episode of The Art of Adjusting® Podcast, hosts Bill Auten and Chantal Roberts break down slip and fall claims from an adjuster’s point of view—what makes them different, what actually drives liability, and where claims can go sideways if evidence isn’t preserved early. The conversation starts with a key distinction many people miss: slip-and-fall vs. trip-and-fall claims. While they’re often lumped together, Bill explains why they’re treated differently due to mechanics, notice requirements, and scene conditions—especially in winter weather cases where evidence can disappear fast. From there, they dive into scene investigations, emphasizing why video, photos, and surveillance footage matter more than written statements alone. Bill shares real-world examples where security footage and documentation made or broke liability decisions, while Chantal highlights how adjusters should be thinking about evidence preservation from day one. They also walk through the ABCDs of liability—duty, breach, causation, and damages—and why proving liability doesn’t automatically mean there’s coverage. The discussion covers winter slip-and-falls, the “storm in progress” defense, and how responsibility is often shared between property owners and claimants. The episode also tackles: How snow-removal contractors fit into liability analysis What adjusters need to know about Espinal v. Melville and contractor duties Medicare and Medicaid lien reporting requirements (and why skipping CMS reporting can be costly) How liability conversations should be communicated early and empathetically What happens when slip-and-fall claims move into litigation, including releases and loss-of-consortium exposure Whether you’re an adjuster, agent, attorney, or risk professional, this episode offers practical insight into how slip-and-fall claims are evaluated, defended, and resolved—without the fluff.