The Injury Board Commentary - Property Owner's Liability (Slip & Fall)

Need To Keep Cars Off 2012 Minnesota Ice

Mike Bryant — Sun, 12 Feb 2012 19:33:27 GMT

There have been all types of vehicles and people falling through Ice around the Twin Cities.

Feb. 8: an SUV broke through ice on Eagle Lake in Maple Grove.

Feb. 7: an ATV broke through ice on Parker’s Lake in Plymouth.

Feb. 6: an SUV broke through ice on Medicine Lake in Plymouth.

Feb. 4: a pick-up truck broke though ice on Lake Minnetonka, Upper Lake. The vehicle became submerged and the driver escaped through a window. A passerby, a man who was cross country skiing, assisted the man with getting out of the lake. The man was transported to a hospital and treated for hypothermia.

Feb. 4: a pick-up truck broke though ice on Lake Minnetonka, Smith’s Bay.

We need to look at the thermometer and not at the calendar this winter. The Hennepin and Ramsey Sheriff departments have announced that:

enough is enough by prohibiting the use of cars, trucks and SUVs on all frozen bodies of water in the county. Lake access points were closed on Feb. 9, and will remain closed until further notice.

It is important that no matter the date, we need to make sure that the ice is safe before it is used. Also check out:

The Ice May Not Be Ready Yet to Go Out On, Mike Bryant | January 01, 2012 4:40 PM

A Lot Of Reasons To Recheck Your Fish House, Mike Bryant | January 29, 2011 6:23 PM

The Dangers of Ice and Frozen Bodies of Water During Winter, Tom Hastings | December 13, 2010 2:52 PM

Winter is a great time in Minnesota. Safety thoughts will make it even better.

Originally posted at InjuryBoard by Mike Bryant

Experiencing a "Slip and Falls" in Minnesota

Mike Bryant — Fri, 10 Feb 2012 09:27:00 GMT

Last February, there was a interesting story in the Minnesota Tribune about a slip and fall at Denny's. The most startling thing about the story is that the hazard that caused a woman to be injured is still present. The fall took place when a down spout was distributing water right into a handicapped spot. The water froze and a person fell getting out of their car.

It seems that Denny's would have learned and done something about this hazard. Move the spout, move the handicap spot, or maybe at least put a sign up. They know that it's there and that some ones been hurt.

The next place worth reading is the comments. There is the usual group of people blaming the lawyer or who pointed out that you can fall in Minnesota in winter. These are the jurors that Denny's is really playing to. They profit from having customers come in, you would think they would except that responsibility that comes with the money. No, it's easier and cheaper to hide from the responsibility and blame the costumer.

We are getting a lot of slip and fall calls right now. The tough thing is that most of them aren't going to be successful. The type of injury or the circumstances that caused the falls make it a likely loser:

- The Minnesota courts have been hostile to these claims. These past couple of years have given us some of the harshest rulings on falls that have been seen for a long time.

- You don't just recover because it happened on someone else's land. There are policies that have some amounts that pay for a limited amount of medical costs, but those don't involve any payments for liability without proof of negligence.

- Without a fracture or a surgery, the cost that goes into the cases, which include experts from the medical field, but also from engineers or architects, make these cases very costly. When you factor in the risks, a soft tissue injury is not going to justify the expense to pursue the case in most circumstances.

Slip and fall cases probably bother me the most because jurors are harsh, the judges seem not to care, and often they involve businesses that make the customer the scape goat. They invite people on the property and don't make sure they are safe. It's really a case that shouldn't be as hard and as unjust as they really are.

Originally posted at InjuryBoard by Mike Bryant

Why is the injured plaintiff put on trial ?

Doug Landau — Mon, 06 Feb 2012 22:11:43 GMT

To many plaintiffs, it often feels like by bringing a lawsuit, they are suddenly put on trial. The defendant’s insurance company—whether for a slip and fall, a car crash, or some other personal injury—is usually very adept at shifting attention away from the defendant and onto the plaintiff. This certainly does not seem very fair. Why does the injured party have to account in excruciating detail for every single doctor’s or therapist’s appointment? Why is it that the injured party has to be interrogated about bills, appointments, and medications? Shouldn’t the case be about what the defendant did, about the defendant property owner's unsafe decisions ?

The answer to this question is closely related to the issue of “causation” that we talked about here last week. Basically, if you are seeking recovery for a personal injury under negligence, then you have to prove that the defendant is actually responsible for your injuries and the medical expenses that follow. A plaintiff has to be able to demonstrate that all of those medical bills, therapist appointments and prescriptions can actually be traced back to the accident itself.

In other words is your knee bothering you because you slipped and fell on the defendant’s property or because an old sports injury is acting up? Do you have headaches because of a car accident or have you always suffered from migraines? Or maybe it’s even more complicated—maybe that sports injury or those migraines were always there, but now they’re a lot worse because of the accident.

The trick here is when it comes down to dollars and cents and the amount the defendant is going to pay, the courts want to be certain that the defendant only pays for what he or she caused. So, that explains why those defense attorneys are so tedious—and often relentless—in their questions about medical history and bills. It can seem pretty intrusive to a plaintiff, but at the end of the day, it is about ensuring that both parties are treated fairly.

So, the defendant, through her lawyers, has the right to question whether bills and treatment can be fairly traced back to their own negligent actions, but that right is not without limits. A good attorney will stick up for their client when the questions become unnecessarily intrusive or stop having anything to do with the accident itself. A good, experienced personal injury trial lawyer will prepare a plaintiff for questions that will naturally come from defense counsel. If you do not feel prepared to answer questions in writing, orally and under oath, speak to your counsel BEFORE responding.

Originally posted at InjuryBoard by Doug Landau

Neighbor's attack dogs maul and fatally injure young woman

Doug Landau — Thu, 26 Jan 2012 21:03:10 GMT

Today is the anniversary of the mauling death of a woman by two mastiffs who had been bred for fighting. Diane Whipple, a former U.S. Women's Lacrosse World Cup Team member was mauled during a neighborhood dispute over the behavior of the two large dogs, according to news accounts the victim was attacked at her apartment building by the 140-pound dogs. The 33-year-old victim died after suffering 77 bite wounds on January 26, 2001. The dogs had been bred for fighting on behalf of a leader of a Aryan Brotherhood prison gang, who was serving a life sentence. The dogs' adoptive owners, further outraged the public by seemingly blaming Whipple for the attack. The Defendant who was present during the attack apparently told first responders that she was an EMT, but did not do anything to help the victim who was still alive at the scene, bleeding profusely and needing immediate emergency medical care. The lawyers in whose custody the dogs lived while their owner was in jail were convicted in the criminal trial. The lawyer who was present during the dog attack was convicted of murder and sentenced to 15 years. The other lawyer, who was not at the attack, was convicted of involuntary manslaughter and sentenced to four years. There were civil lawsuits brought as well, for the wrongful death of the innocent victim.

This anniversary reminds us how important it is to responsibly keep animals and to make sure that they are under control so as no to unnecessarily injure others. As the Bull Mastiff information site explains:

Once you take a Bullmastiff into your possession - you also take on all the responsibilities that come with owning this breed. If you do not realize these RESPONSIBILITIES and/or feel that they are irrelevant, you will surely think about it again when you are being sued for something your Bullmastiff did or that you neglected to do for your Bullmastiff.

Before buying a potentially dangerous breed of dog, make sure that you can make the investment of time, money and training necessary to prevent needless injury and pain. Do your homework and then make an informed choice.

Originally posted at InjuryBoard by Doug Landau

Supreme Court Again Expands Scope of Forced Arbitration Clauses in Consumer Contracts

Andrew Cochran — Wed, 11 Jan 2012 15:29:24 GMT

Unfortunately, the Supreme Court has taken another opportunity to expand the use of forced arbitration clauses in consumer contracts, denying us the right to negotiate such clauses out and take our claims to a jury. On the heels of the landmark ATT Mobility v. Concepcion decision, the Court held in CompuCredit v. Greenwood, that companies that promise to repair an individual's credit can force customers into arbitration, instead of to a judge or jury trial, under the Federal Arbitration Act (FAA), even though the 1996 the Credit Repair Organizations Act gives consumers "the right to sue," because the latter act doesn't explicitly overrule the FAA. The impact of this decision extends the scope of the FAA and represents another in a string of decisions approving of forced arbitration clauses in consumer contracts.

A 1965 Supreme Court decision included a powerful summary of the detriments of arbitration: "Arbitration differs from judicial proceedings in many ways: arbitration carries no right to a jury trial as guaranteed by the Seventh Amendment; arbitrators need not be instructed in the law; they are not bound by rules of evidence; they need not give reasons for their awards; witnesses need not be sworn; the record of proceedings need not be complete; and judicial review, it has been held, is extremely limited."

Forced arbitration clauses are never negotiable by the consumer, and the proceedings are heavily biased towards the business. The FAA might now be the most powerful anti-jury trial federal law on the books, with consumers trapped.

Originally posted at InjuryBoard by Andrew Cochran

Motion To Intervene Filed In Penn State Scandal Related Insurance Dispute

Scott Cooper — Wed, 11 Jan 2012 07:14:29 GMT

Below is SchmidtKramer’s Chuck Schmidt of the Harrisburg, Pennsylvania based law firm discussing with Annie McCormick of WHP-TV 21 in Harrisburg the filing of a Motion to Intervene on January 10, 2011 in a case involving the Second Mile’s insurance company Federal Insurance and Mr. Sandusky. The insurance company is attempting to avoid paying any civil claims and the firm is intervening in order to protect all of the victims and make sure there is insurance coverage.

In the latest on the Jerry Sandusky child sex scandal, a local law firm is taking on the insurance company representing Sandusky’s charity, The Second Mile.

Tuesday, Harrisburg law firm Schmidt Kramer filed a motion to intervene in middle district federal court.

In this CBS 21 News exclusive, they say this is a move not only to protect their client but all potential victims who are filing civil suits against The Second Mile in the Jerry Sandusky child sex scandal.

If this motion is held up, it would mean The Second Mile’s insurer would be held responsible to pay for all damages awarded in any civil suit brought by an accuser of Jerry Sandusky. The attorney filing this intervention says the insurance company needs to stay on the hook.

“I think there’s coverage because of the language and I don’t believe they should be able to get out of the case,” Attorney Chuck Schmidt explained. Schmidt is talking about The Second Mile’s insurance policy with Federal Insurance Company.

In mid-December, Federal Insurance filed a suit in middle district federal court saying they won’t pay for any civil judgments against Jerry Sandusky because what he is accused of didn’t involve his position as an executive with The Second Mile program.

“An insurance policy is like an umbrella that someone sells you when there’s sunshine then they try to take it away when there’s rain,” Schmidt commented.

The Attorney General has accused Sandusky of sexually abusing ten boys he met through The Second Mile. There are two more alleged victims not included in the indictment that are filing civil suits.

Attorney Chuck Schmidt represents one of them. “The purpose of our intervention is to protect the future rights of victims to cover damages in a civil action,” Schmidt continued.

Schmidt says they are filing on behalf of their client but helping the other victims and potentially even more that come forward in the future.

“There is a potential for way more,” Schmidt concluded. “The policy is only for one million but we believe they would be in excess above 1 million.”

For more on the story and the video of the news story go to the WHP-TV 21 website at the link below:

http://www.whptv.com/news/local/story/EXCLUSIVE-Attorney-files-motion-to-force-The/mOObb6bo6UiBXNAPgN_gqg.cspx

Originally posted at InjuryBoard by Scott Cooper

Why States Should Expand The Statute of Limitations in Child Sex Abuse Cases

Mike Bryant — Mon, 09 Jan 2012 09:21:00 GMT

So many of the most recent stories about child sex abuse cases are followed with analysis of why the pedophile can't be charged criminally and, depending on the state, whether the victims can still bring a civil suit. In the states where the civil statute of limitations has already run out the question exists whether there can be proof of fraud that would have stayed the statute.

I came upon a blog that looked at the issue being raised in Wisconsin. At the time SNAP was holding a press conformance to highlight the need for an extended statute. The Badgers were playing Penn State that week and it was a way to increase people's awareness of the issue.

The defense in the Badger Catholic was:

- This is only a way to make money for trial lawyers.

- Asking how it helps people in the present to look to the past.

- Why not doing something about the criminal statute?

Well with a closer look, it seems that the blog is very concerned about protecting the Church's money. That the whole attack on the trial lawyers is the same as the attack on the author of the bill in Wisconsin, it's a personal thing, about who has the money.

That theory totally dismisses the actual people who were injured here. It protects those who not only injured the person, but added to the injury with lies and protecting the pedophiles.

Just a look at the number of people who have come forward since just the Penn State story broke to answer the question of how it helps people today. It's an issue of empowerment. The joy of finally being heard and believed makes all the difference in the world.

As to the criminal question? Sure, go pass that bill. It would be like telling the blogger to write about something else, because those other things are important also. It really isn't an argument or an issue on point. Maybe the church should start telling the police.

This issue really isn't about cases that started when Wisconsin became a state. It's about victims who are alive today and really do deserve justice. That justice easily could have been dealt with back when these atrocities happened or as the issues came to light. They were members of the church that deserved all of the protections that "Zero Tolerance" offers.

The best thing the Church could do is accept their responsibility and help make these laws better for those who have been injured.

Abuse of children and the continued silence by the offenders needs to be prevented. If you suffered, saw, or suspected such events, it is important to know that there is help out there

Originally posted at InjuryBoard by Mike Bryant

Empty Foreclosed Houses Are Safety Issues

Mike Bryant — Sun, 08 Jan 2012 12:15:00 GMT

With each new foreclosure bubble each community is seeing an increased numbers of empty houses. The concern is a time when no one is in them.

The house was in the bureaucratic black hole called "redemption." The homeowner had walked away from the property, and the bank that owned the mortgage said it couldn't do anything until the redemption period was over.

The individual cites are seeing increased costs as they change locks, fix windows, and evict squatters. The bill is expected to be paid at some point by the owner or as a part of the property taxes.

We see a number of potential clients each year who have injuries that take place on the properties of others. Slips and falls, trips and falls, dog bites, and other cases of simple negligence. The questions will grow as to what, if any, homeowners insurance there is on these places. Will banks that have taken the properties back be liable for injuries that bad maintenance or lack of supervision cause?

These cases can be complicated. Often, there are coverage issues which require the right attorney with the right knowledge and experience. It's a lot easier to be safe.

Originally posted at InjuryBoard by Mike Bryant

Protect Your House: Adopt Your Fire Hydrant

Mike Bryant — Sat, 07 Jan 2012 12:42:00 GMT

We have a fire hydrant on the front left corner of our yard. Other than having to cut the grass closer around it, I really didn't think much about it. Then one day, our local fire department representative showed up at the door. His request was that we keep an eye on the area around it as the snow built up. They would continue to drive around and clear as needed, but it would help a lot if we would take care of ours.

Nationally, the same idea is spreading in areas where it snows. Clearly, it is one of those items where a little prevention can ensure there isn't a much bigger problem when hydrants are needed. A apartment fire in 2009 left 64 families homeless. The local fire deaths totals in 2008 was 49, which is up from 40 in 2007.

If you are involved with a house fire, keep in mind that time limits for making a claim can be very short. Make sure you review your home insurance coverage quickly and thoroughly. Also consider contacting an experienced Attorney to help you. Fires come quick and destroy a lot. Do what you can beforehand to make sure the firemen can get to your local hydrants.

Originally posted at InjuryBoard by Mike Bryant

It's Against The Law To Place Snow Into Minnesota Streets

Mike Bryant — Thu, 05 Jan 2012 12:37:00 GMT

When you are clearing sidewalks and drive ways, the snow can't be placed on the road. Private homeowners and commercial snow removal operators are prevented from depositing snow onto a public roadway.

The hazards identified included: the creation of a slippery area, frozen rut, or bump that could contribute to vehicle or pedestrian accidents. Violations are misdemeanors and liability can extend to both the property owner and the person or company who placed the snow improperly.

Such accidents would require quick investigation and pictures of the condition as soon as possible. If you are involved in such an accident, it is imperative that you hire experienced attorneys to investigate and review your claim. They will also need to look at all available coverages, including the home owners which isn't often available in most car accidents.

Originally posted at InjuryBoard by Mike Bryant