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

Will Safety Concerns Stop "Spider-Man"?

Mark Bello — Mon, 08 Nov 2010 17:04:41 GMT

The Broadway musical, “Spider-Man: Turn Off the Dark" will be the most expensive musical ever created. The show that has been in the making for six years; it was scheduled to open on December 21 but has been temporarily grounded due to safety concerns for actors who are being catapulted through the air, throughout the performance.

Two weeks ago, an actor broke both his wrists when he was launched from the back of the stage like a slingshot, landing on the lip of the stage. However, this incident was not the cause of the delay. Under New York law, shows like “Spider-Man” are not legally allowed to hold public performances until state inspectors review and approve special effects ("flying" is such a "special effect"). There are two dozen aerial maneuvers in this production, with an unprecedented amount of activity directly above audiences; there are no safety nets in the event that a malfunction occurs. Safety inspectors will need to personally observe a demonstration of each flying and aerial maneuver. Coincidentally, the inspection was scheduled to take place two weeks after the accident, but the “Spider-Man” team was not ready with all maneuvers.

Injuries and accidents are nothing new to theater. Christopher Sieber from “Shrek the Musical” needed physical therapy due to the technical demands in which he performed on his knees for the majority of the show. Christina Applegate broke her foot during a number in the pre-Broadway tryout “Sweet Charity.” Idina Menzel, the original Elphaba of “Wicked,” fell through a trap door during the wicked witch’s melting sequence and broke a rib.

“Spider-Man” is a highly anticipated musical; anticipation is like none ever seen on Broadway. It is also, most certainly, the most expensive musical ever made; with that comes a margin of unknown, perhaps unreasonable, risk to the safety of the actors and the audience. What precautions are being taken? Safety must come first, especially since any mishaps over the audience could lead to potential injuries to innocent bystanders. Unless the production team can show the Department of Labor every stunt; unless these maneuvers are approved this super-hero may never grace a Broadway stage. This production has already cost $60 million and the opening has been delayed until at least early 2011.

We can only hope that if “Spider-Man: Turn Off the Dark” safely opens on Broadway, soon, and that daily safety checks are conducted on all cables, wiring, harnesses, etc. Will this production will ever pass safety requirements? There is a lot of money at stake, here. Let’s assume that all inspections are eventually approved. Is a stage production worth the risk of the potential, serious, danger to the actors and audience? If the show passes inspection, will that be enough for you and yours? Would you take your family to see a production where actors fly over your head, without safety netting? Well, would you?

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice PAC member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.

Originally posted at InjuryBoard by Mark Bello

Avoid a Nightmare Before Christmas

Linda Chalat — Tue, 25 Oct 2011 14:28:34 GMT

Halloween is a holiday filled with jack-o-lanterns, costumes and decorations. But each of these can present significant hazards, including burns from flammable costumes that come into contact with open flames-particularly candles used to illuminate jack-o-lanterns; falls from ill-fitting costumes, shoes, and accessories; and fires caused by burning candles left unattended, near combustible decorations or knocked over by guests or pets.

The federal Flammable Fabrics Act (FFA) requires all costumes sold at retail to be flame-resistant and the CPSC recalls costumes and other products that violate the FFA. When making a costume at home, CPSC warns consumers to use fabrics that inherently are flame resistant, such as nylon and polyester.

According to the National Fire Protection Association, Halloween ranks among the top 5 days of the year for candle-related fires. Many styles of battery-operated flameless candles and other flameless lighting are available, providing safe alternatives to traditional candles. If you choose to use traditional candles in your decorating, never leave lit candles unattended.

Additional safety tips to help make this year's holiday safe:

Do not place candles and jack o' lanterns on landings or doorsteps, where costumes could brush against the flame.
Remove obstacles from lawns, steps, and porches which may pose a trip hazard to trick-or-treaters.
When indoors, keep candles and jack o' lanterns away from curtains, decorations, and other items that could ignite.
Whether indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Replace damaged sets.
Don't overload extension cords, stacking too many sets on one plug is dangerous.

Originally posted at InjuryBoard by Linda Chalat

Legionnaires’ Disease Outbreak Reported at Plim Plaza Hotel in Ocean City, Maryland

Patrick Mickler — Thu, 06 Oct 2011 16:03:24 GMT

The Plim Plaza Hotel in Ocean City, Maryland has closed three days before the end of the season after three former guests were hospitalized with Legionnaires’ disease. All three guests were over 50 and suffering from weakened immune systems, rendering them particularly susceptible to Legionnaires’ disease. Guests currently staying at the hotel were “voluntarily relocated” so that “everyone would feel more safe and sound,” according to the Baltimore Sun.

Officials of the Maryland Department of Health and Mental Hygiene are currently conducting tests of the hotel’s water system, and the hotel itself has also hired an outside firm for water testing. Preliminary results have shown the presence of legionella bacteria in the water, but official results will not be available until next week.

The Plim Plaza is purportedly contacting guests who stayed there in the past month to warn them about potential exposure to the legionella bacteria. One former guest commented that he and his elderly mother had stayed there from September 26 to 30, 2011 and that he had not yet heard from the hotel. He had noticed officials conducting tests on the hotel’s three hot tubs during his stay, but thought at the time that they were performing standard maintenance.

The Maryland Department of Mental Health and Hygiene encourages anyone who stayed at the Plim Plaza Hotel on or after September 1, 2011 to contact their health provider if they develop symptoms of Legionnaires’ disease, which include shortness of breath, chills, fever, nausea, diarrhea, lethargy, coughing, chest pain, and headaches.

Legionnaires’ disease is a potentially deadly form of pneumonia that afflicts between 8,000 and 18,000 Americans per year, according to the CDC.[1] Symptoms can appear between 2 to 14 after exposure to the legionella bacteria.

Jules Zacher represented six former guests of an Ocean City hotel, the Princess Royale, in 2004, and argued that the hotel posed a danger to guests by not properly maintaining its water system.[2] Tests revealed the presence of legionella bacteria in the shower heads and faucets in the victims’ rooms, and several other locations throughout the hotel were determined to be conducive for the growth of the bacteria. More recently, Mr. Zacher settled a case involving a Legionnaires’ disease victim from Canada who was infected and became severely ill due to poorly maintained hot tubs at a hotel in Orlando, Florida.[3]

For more information, please visit www.LegionnaireLawyer.com.

[1] Reference: http://www.cdc.gov/legionella/patient_facts.htm

[2] Reference: http://tinyurl.com/LDinOceanCity2004

[3] Reference: http://tinyurl.com/LDinOrlando2008

Originally posted at InjuryBoard by Patrick Mickler

Iowa State Supreme Court Changes Age-Old Law Affecting Injury Suits

Sarah Cool — Fri, 12 Jun 2009 11:18:17 GMT

The Des Moines Register is reporting on a change in the law initiated by the Iowa Supreme Court. Before last week, a centuries-old provision distinguished between different classes or categories of people who were injured on others’ property. Those classes of people – people who are invited onto property (“invitees”), those people who are merely allowed on the property (“licensees”), and those that are not permitted on property (“trespassers”) – used to be treated differently. Invitees could sue over dangers that should have been known to the property owner, but licensees and trespassers could not. Although trespassers still do not have standing to sue a property owner in most circumstances (there are exceptions not discussed here), the difference between invitees and licensees has been eradicated.

In a ruling delivered on Friday, the Iowa Supreme Court reviewed the case of Valerie Koenig, a Des Moines resident. She had injured herself when she tripped over a carpet-cleaner hose in her son’s house, and sued. When the jury was instructed in her case, they were told about the difference between licensees and invitees. Koenig was a licensee, and as a result, she lost in court. But she appealed, arguing that distinguishing between invitees and licensees was outdated and did not fit the needs of a modern society. The highest court in the state agreed. Justice Brent Appel stated that the change in the law reflected “higher valuation of public safety over property rights.” Koenig’s lawyer remarked that he did not believe that the ruling would change how businesses and individuals act. However, the change in the law may serve as a good reminder to all that property owners should care for hazardous conditions on their property and warn those that visit the property of any potential danger.

The full impact of the ruling will likely reach past the jury box, where the discarded distinction between invitee and licensee has confused many. What impact it will have, and whether this kind of ruling might entice the Supreme Court to discard other “out-dated” distinctions remains to be seen.

Originally posted at InjuryBoard by Sarah Cool

Slip and Fall in Parking Lot Results in Award of $390,000

David Rowell — Thu, 18 Oct 2007 17:31:37 GMT

Robert Yusem slipped on ice in a parking lot in a Pennsylvania industrial park in 2000, and suffered serious injuries, including fractures of his elbow, arm and ankle. It's taken seven years, but a jury recently awarded Yusems and his wife $390,000 in damages based on a claim of premises liabilty. In his "slip and fall" lawsuit, Yusems argued that the defendant parking-lot owner carelessly allowed water from rain spouts to drain onto the parking lot and driveway, and allowied ice and snow to build up, creating a hazard. The jury obviously agreed.

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by David Rowell

Ronald Rosen - Personal Injury Expert

Evan Rosen — Tue, 07 Nov 2006 21:56:28 GMT

RONALD ROSEN - A Civil Trial Specialist
AV Rated: the highest rating in the Martindale-Hubbell Law Directory reserved for a select group of attorneys with the very highest standards of legal expertise and professional reputation.
Board Certified Civil Trial Lawyer: In addition to passing a difficult exam, recommendations by four attorneys and at least one judge are required.
Selected and qualified to serve on the American Board of Trial Advocates after being recommended by Attorneys and completing in excess of fifteen jury trials.

Achievements:
Broward County Trial Lawyers Association
Admitted U.S. Supreme Court
Municipal Judge - Pembroke Pines, 1972-1976
City Prosecutor - Miramar, 1967-1970
Trial Advocacy Judge - University of Miami Law School
Florida Academy of Trial Lawyers
Workers' Compensation Section - Florida Bar
Florida Workers' Advocates
American Board of Trial Advocacy
Past President - Hollywood Lakes Civil Association
Past President - Cha Lodge B'nai B'rith
Captain - U.S. Army Reserve (Ret.)
Past Parliamentarian - Temple Sinai
Past Member of Advisory board - TransFlorida Bank
Education:

University Of Miami
Juris Doctor, 1965
Bachelor of Business Administration, 1962

Originally posted at InjuryBoard by Evan Rosen

Investigation Shows Carbon Monoxide at Ice Rinks is a Common Danger, Especially for Children

Paul Napoli — Fri, 11 Feb 2011 00:24:44 GMT

February 10, 2011

An investigation by the Today Show says children who skate and play hockey at indoor ice rinks, and those who work in these facilities, are at risk for short and long-term side effects of carbon monoxide exposure.

Carbon monoxide (CO) is an odorless, colorless and tasteless gas created by the combustion of carbon-based fuels.

The show illustrates the dangers from the fumes of fuel powered ice maintenance equipment, such as those used at most neighborhood ice rinks around the country, inside these facilities that have little or no ventilation.

To test carbon monoxide levels after the use of ice maintenance equipment, Today set up an experiment. After 5 minutes of a fuel powered ice-resurfacing machine operating, scientists measured the CO and ultra fine particle levels at child level on the rink and found them to be above safe levels. Even an hour later, levels remained too high and scientists halted the experiment and evacuated the building.

Symptoms of CO poisoning can include headache, dizziness, weakness, fainting, vomiting and confusion. High levels of CO in the body can cause profound central nervous system effects, coma and death. Over time, CO exposure can cause neurological, heart, lung and brain damage.

Today profiled a 14-year-old boy who ended up in the hospital with CO poisoning after competing in a hockey game. The show also showed the long-term effects CO exposure had on a woman who skated from the time she was a young girl, until debilitating CO related lung disease, neurological and memory problems ended her career with the Ice Capades years later.

According to the U.S. Centers for Disease Control and Prevention (CDC), “Skaters especially may be at risk for CO poisoning because they are engaged in strenuous activity that increases total lung ventilation and oxygen consumption.”

Reuters reported that on February 6, 2011, high levels of carbon monoxide sickened more than sixty people at a youth hockey tournament in Gunnison, CO. Two young girls required treatment in a hyperbaric oxygen chamber and were flown to a Denver hospital. The Jorgensen Event Center where the poisoning occurred did not have a carbon monoxide detection system, despite being only three years old. According to the Crested Butte News, a faulty ventilation system allowed carbon monoxide from a gas powered Zamboni to build up inside the facility. The rink remains closed pending the installation of a complete carbon monoxide detection system.

However, these are not the only mass carbon monoxide poisonings to take place at ice rinks.

An article in an April 5, 1996 issue of the Morbidity and Mortality Weekly Report (MMWR), a publication of the CDC, entitled Carbon Monoxide Poisoning at an Indoor Ice Arena and Bingo Hall called for awareness and prevention of CO poisoning in these venues.

It detailed a March 16, 1996 incident in which an indoor ice arena and bingo hall in Seattle, WA had to be and 67 people transported to area hospitals suffering from carbon monoxide poisoning from a malfunctioning diesel powered ice resurfacing machine and lack of ventilation. Paramedics intubated two people who were in acute respiratory distress.

Even earlier, a MMWR article entitled Carbon Monoxide Intoxication Associated with Use of a Gasoline-Powered Resurfacing Machine at an Ice-Skating Rink published on February 3, 1983 told of 15 teenage hockey players succumbing to CO poisoning at an enclosed ice rink in Chester County, PA.

Despite hundreds of people poisoned by CO at indoor ice rinks each year, there remains little regulation. The U.S. Environmental Protection Agency only has recommendations how arenas can prevent poor indoor air quality. Only Minnesota, Massachusetts and Rhode Island require testing of CO levels inside ice rinks.

The use of electric ice maintenance equipment could prevent this dangerous problem. However, equipment such as an electric ice resurfacer costs twice as much as a fuel powered model.

The Today show was unsuccessful in gaining support for this cause from government officials and recommended that people ask ice rink facilities if they use electric or fuel powered ice maintenance equipment. If the rink uses fuel powered, they should ask if the facility has a carbon monoxide detection system.

Originally posted at InjuryBoard by Paul Napoli

Pit Bull Attacks Woman and Greyhounds

Ryan Nute — Fri, 13 Apr 2007 17:13:55 GMT

Cynthia Greear and her two dogs were attacked by a neighbor's pit bull in Lakewood, Washington. One of the dogs was killed and the other was badly injured.

The attack continued even after neighbors intervened. The owner of the pit bull is reportedly taking full responsibility for the attack and offered to pay Ms. Greear's veterinary bill.

As the recent pet food litigation suggests, compensation for injuries to loved pets is a quickly-developing area of the law. Many pet owners believe their pets have intrinsic value and are not simply judged by market worth like a car or other piece of personal property. The pit bull owner in this case might wish to tender any claim made to his or her homeowners' insurance company.

DOG BITE - LAWFUL PRESENCE ON OWNER'S PROPERTY AND WHAT IS A PUBLIC PLACE

Jeremy Thurman — Mon, 17 Mar 2008 15:33:02 GMT

Okla. Stat. Tit 4 Â§ 42.2 basically defines when you can recover for a dog bite on the dog owners property and when you can recover for a dog bite in a public place.

The statute reads as follows: "a person shall be considered to be lawfully upon the private property of the owner of a dog when he or she is on the property in the performance of any duty imposed upon the person by the laws of this state, or its political subdivision, or by the laws of the United States, or the postal regulations of the United States, or when reading meters, or making repairs to any public utility or service located on the premises, or when working on the property at the request of the owner or any tenant having a lease upon any portion of the property, or when on the property upon the invitation, either expressed or implied, of the owner or lessee of such property, or when on the property for any other lawful purpose. The term "public place" shall, for the purpose of Sections 42.1 through 42.3 of this title and Section 1 of this act, mean and include any and all public streets, sidewalks, alleyways, easements, buildings, parks, playgrounds and recreational facilities, and any and all places of business, amusement or entertainment which are privately owned, wherein merchandise, property, services, entertainment or facilities are offered for sale, hire, lease, or use."

To put the above statute in a nutshell, you can recover personal injuries from a dog bite when you are an invitee to the dog owner's home and when you are in a public place as exemplified above. The one thing I will warn you is that when you are dealing with an insurance company, the will try to convolute this issue and before long have the owner saying you weren't an invitee where they will not be strictly liable.

Originally posted at InjuryBoard by Jeremy Thurman

High Rise Windows Need To Be Child Proofed

Mike Bryant — Sun, 03 May 2009 09:14:00 GMT

Over time, we have been involved in a number of cases that involve small children falling out of upper story windows. The injuries are severe and at times can be fatal. The worse cases are those where there have been earlier warnings or complaints about the windows.

The Ramsey County Sheriff Department is trying to get ahead of the problem by warning all residents to test their windows. In spring of 2008 the department responded to three incidents, a 2-year-old's death and two children seriously injured . Their press release pointed out the following:

That screens be secure and children are not allowed to play near open windows.
Chairs and other furniture should be moved away from windows so children can't climb up and press upon the screens.
If possible, open windows from the top, not the bottom.

Screens cannot be trusted to do the job alone. Screens are made to keep bugs out, not to keep children in. Review simple child safety products available. Most hardware stores sell child safety products and window stops which allow windows only to open a few inches past the sill. Window guards screw into the sides of the window frame. They need to be screwed securely into the window frame because guards that are simply spring-loaded can be easily dislodged by a child.

Originally posted at InjuryBoard by Mike Bryant