Injuryboard Commentary - Property Owner's Liability (Slip & Fall) - Most Popular

Improper Stacking Cases - Falling Items at a Big Box Retailer

John Cooper — Thu, 03 Dec 2009 13:48:58 GMT

The "big box mart" era is in full-swing in the United States and many of us find ourselves in one of these stores at least once a week. These are not standard grocery stores or local drug stores, but the Home Depots, the Targets, the Super K-Marts, and the quintessential Walmart. These stores offer us the chance for one-stop-shopping with low prices. We enter these stores ourselves and with our families and friends thinking only of shopping and finding the best deals of the day. We do not think that our innocent foray into the aisles of Walmart may land us in the hospital with a serious injury. While this sounds silly and seems unlikely, the truth is that thousands of people have been injured by falling merchandise in this country and the number keeps rising. The warehouse style storage of items for sale and the lack of help for accessing all that stuff on high shelves makes these stores, especially likely to have tumbling merchandise hitting folks on the head or shoulders while shopping.

Every week hundreds of claims are made by customers against large retailers for injuries they have sustained in a falling merchandise incident. For many of the people who are involved in an accident like this, the injuries may not be more severe than cuts and bruises; however, sadly, when children or the elderly are involved, falling merchandise can prove to be fatal. The problem with cases like this is that we as customers at these stores are not in control of our surroundings. Obviously, it is important that we take notice of signs or instructions in stores and that we are aware of what is going on around us. However, our safety is really placed in the hands of the store and its employees.

Often times, falling merchandise incidents occur because of improperly trained employees. These workers are not properly trained in the methods for safely stacking and storing merchandise or how to properly operate machinery. One incident in which a child was killed at Home Depot store involved a worker who was driving a forklift with countertops precariously balanced on it which then fell and caused the child to suffer severe head trauma from which she died the next day.

When a store invites customers into its facility, it has a duty to use ordinary care to keep the store reasonably safe and that means that all employees should be properly trained and all merchandise should be properly stored, stacked, and secure. This also means that the store has a duty to take reasonable steps in monitoring high stacked merchandise and if a customer moves or shifts something, an employee needs to inspect that it has not become dangerous. This is about accountability for store owners, managers, and their employees. This is a long-standing doctrine in the law that invitees (customers) are owed a duty of care and that if that duty is violated, it generally means that the business is liable for harms caused by its carelessness.

If you or a loved one are ever involved in a falling merchandise case, it is extremely important that you find witnesses immediately and that you yourself make a record of the incident. It is key to do this as close to the incident as possible when the details are still fresh in your mind. You want to be able to show that it was the negligence of the store that caused your injuries. While not all injuries are severe, it is important to seek treatment or at least to consult your physician after an accident like this, since some injuries may not be immediately apparent and only your doctor can advise you on what to watch out for.

While it is true that accidents do happen in stores and that they happen rather more frequently than we would like, at this time of the year, try not to let such worries dampen your shopping spirit. But watch out, as it is not just prices that are falling!

Originally posted at InjuryBoard by John Cooper

Winter Slip and Fall Safety Tips

Mark Bello — Tue, 01 Dec 2009 09:11:00 GMT

People, especially children, fall sometimes. Sometimes, they fall, get back up, and fall again. No big deal, right? We all lose our balance and fall, at one time or another; maybe we get a few bruises, cuts, or scrapes. However slips and falls can also be serious injury causing accidents, and should not be taken lightly. Many people have been seriously injured, even killed, in slip and fall accidents . Slip and fall accidents can cause pain, trauma, and financial stress and, yes, even death.

As winter is approaching, it is important for you and your family to be aware of some easy to remember slip and fall prevention tips. A few simple precautions can help reduce your chances of being injured from a slip and fall accident.

Wear proper foot gear – shoes or boots that provide traction on snow and ice.
Take your time and walk slowly; take small steps for stability
Avoid slippery surfaces as much as possible; never run on icy ground
Keep hands free for balance and use handrails whenever possible. If you slip, you will need your arms to restore balance. If you fall, your arms will help you break the fall and help you land in a safer position.
Keep your eyes on where you are going; walk in designated walkways as much as possible.
Test possible slick areas first with your toe to see how slippery it is before putting your full body weight on the area.
Don’t carry large loads while walking on snow or ice. If you do and feel yourself falling, toss the load so you can break your fall with your arms.
Use a floor mat to dry shoes when going indoors

Many slip and fall accidents are preventable, but some are not. If you believe that your slip and fall accident was caused due to the negligence of another, you should contact a personal injury attorney. This is important to determine if the conditions that caused your slip and fall were out of the ordinary or could have been prevented.

If a business or property owner is negligent and this negligence leads to your injury, you may be able to receive compensation for your pain and suffering, loss of compensation, and medical bills. However, slip and fall lawsuits, like other types of personal injury lawsuits, are hard fought; they often take months, even years, to resolve. If you have a pending slip and fall lawsuit and are struggling to meet your financial obligations, lawsuit funding may be available to assist you. Lawsuit funding services can help increase the value of your slip and fall lawsuit. By solving your immediate financial problems and helping you meet your financial obligations, a lawsuit funding company will often prevent you from settling your valuable case too early and for too little. And, you only pay a lawsuit funding company back if you win your case. It is a win-win (or lose-lose) situation.

Lawsuit Financial reminds all of you that safety precautions are the best ways to limit slip and fall accidents, especially during the winter months. You should not only take precautions to increase your safety, but take care to prevent injuries to others on your property, so as to avoid liability for slips and falls. Shovel and salt driveways, walkways, and sidewalks. Salt other areas where ice may form. Fix loose or broken hand rails. Make sure your property is well lit. If all of us take the time to make our properties (personal and business) safer, we will have far serious or tragic slip and fall accidents this winter season.

Originally posted at InjuryBoard by Mark Bello

New Jersey Dog Bite Law Tough On Homeowners - Check Your Homeowners Insurance Policy

Mike Ferrara — Thu, 25 Oct 2007 11:06:25 GMT

New Jersey has a dog bite law with teeth. If your dog bites someone, you are legally responsible. Unlike some states, New Jersey does not allow a dog "one free bite". Be certain you contact your homeowners insurance company to make sure your homeowners policy covers injuries and lawsuits caused by dog bites. There was a recent Hawaii jury verdict of $800,000 to the victim of someone bitten by a 100 pound Rottweiler. The dog owner claimed that the photos of the bites were computer enhanced, something that was not true. The high award was probably due to the owner failing to accept personal responsibiliy for the harm caused. If you serve on a jury, remember that any award you make will come from an insurance company and not from the home owners. Unscrupulous insurance companies try to convey the image to jurors that any award for a dog bite injury will have to be paid by the homeowner, a fact that in most cases, is not true.

Originally posted at InjuryBoard by Mike Ferrara

Survive Black Friday?

Timothy Smith — Sat, 28 Nov 2009 14:19:54 GMT

A number of years ago, I represented a young woman who was injured by a crowd that had gathered outside a Wal-Mart in Cadillac Michigan after reading about a new home video gaming system that was being released. My client was 7 months pregnant and had hoped to surprise her husband with a new video gaming system for his birthday.

By 5am, the crowd was nearly 100 and the Walmart had advertised that quantities were limited to 25 gaming units. As the store approached the opening hour, the crowd was getting restless. Bullies in the back of the line began pushing forward and tempers began to flare. You'd think that Wal-Mart would have recognized this and set up a system to ensure that the sale of the systems occurred in a safe manner to the 25 first individuals in line. Simple measures such as handing out wristbands to the first 25 or any number of approaches would have spared the crowd from what came next.

At the time of the opening, a Wal-Mart employee came forward and simply unlocked the front door. The crowd surged forward as it became every man and woman for themselves. My client, who was 8th person in line, was pushed to the ground and trampled by the folks behind her.

By the time the dust settled on the stampede, my client lay on the floor of the entry to Wal-Mart - bruised, battered and going into labor from the trauma. Emergency medical technicians from Cadillac were called to the scene and transported her to Cadillac Mercy Hospital where the doctors were able to stop the labor. She wasn't able to have any x-rays of her injured pelvis, hips and back because of the risk to the fetus. She spent the next 2 months on her back wondering if her unborn child was going to be okay.

When I sent my first notice of claim letter to Walmart, they responded by denying that their store or it's employees had done anything wrong. Suit was filed against Walmart in Wexford County Circuit Court. I was able to secure a copy of the security tapes from the front door. The tapes showed the Walmart employees laughing at the crowd gathered outside and then laughing at the stampede that ensued once the front doors were unlocked. The video was very similar to this YouTube clip from a Black Friday Stampede in Grand Rapids Michigan.

http://www.youtube.com/watch?v=aeSgBL7gpAk

It's shocking to me that this happens every year at the Big Box stores like Wal-Mart, Sam's Club, Best Buy and others. Even more shocking are the security regulations that each store has drafted and implemented which are rarely followed when the store is releasing a new limited quantity gaming system or on the morning of Black Friday. Through extensive discovery [which Walmart fought every step of the way], my office obtained internal safety rules and regulations that, if followed, could have prevented my client's injury.

What's even more shocking is that Wal-Mart and other big box stores not only endanger the lives of their customers, but evn their employees aren't safe during these Black Friday Riots. In fact, one Wal-Mart employee was killed during one of the Black Friday riots like you just watched above.

http://www.youtube.com/watch?v=5S6UKRaM5fA

Wal-Mart called this death of it's employee "an unfortunate event". That's an understatement. Every big box store knows that Black Friday brings big crowds and that big crowds can cause big problems. So why is it that every year we have people getting injured and even killed while trying to shop? Why aren't stores following the rules and regulations they themselves have implemented to provide a safe shopping experience for it's customers? I suppose we can answer that question in a single word - Profits. Proper security measures are expensive to implement....

My client was one of the lucky ones. The money that Wal-Mart paid to her at the conclusion of the litigation more than covered her medical bills and her pain and suffering. More importantly, after laying in bed under doctors orders for 2 months, her child was born healthy. She still has days where she has aches and pains in her pelvis and low back from where she was trampled, but she knows that it could have been worse. Much worse.

Originally posted at InjuryBoard by Timothy Smith

There Are Far Too Many Bullies In School

Mike Bryant — Fri, 27 Nov 2009 09:48:00 GMT

I've written before about the school assault bill that got passed on the last day of the legislative session, but was later vetoed. It was the anti-bullying bill. It's intent was to add sexual orientation and physical appearance to the sorts of bullying not allowed in schools.

With the veto the Governor did say that he would direct Department of Education Alice Seagren to review the existing anti-bullying policy and to contact school districts to ensure they are meeting the requirements of the current law, which was implemented in 2005.

The Minneapolis Tribune recently had a real life story that is heartbreaking. Their 12 year old son:

an honor student who faced merciless teasing on the school bus, came home on the afternoon of Feb. 8, 2006, went into the family's barn and hanged himself.

Numbers from the National Coalition of Anti-Violence Programs suggest that something needs to change. In Minnesota, there were 73 cases of hate crimes committed in 2008, a 48 percent increase. There was a 185 percent increase in the number of incidents involving violence, and a 20 percent increase in the number of incidents involving more than one assailant.

The Children's Exposure to Violence: A Comprehensive National Survey, was published by the Office of Juvenile Justice and Delinquency Prevention with support from the Centers for Disease Control and Prevention found that:

More than 60% of youngsters had either direct or indirect exposure to violence within the past year
Nearly half the children surveyed were assaulted at least once in the past year, and more than one in 10 were injured as a result.
Nearly one-quarter of the children were the victim of a robbery, vandalism, or theft.
About 10% were victims of maltreatment (including physical and emotional abuse, neglect or a family abduction), and one in 16 were victimized sexually.

There is a debate as to if these increased numbers are due to better reporting, but the numbers are so big, it is imperative that this issue be revisited this next session.

Originally posted at InjuryBoard by Mike Bryant

Toddler Dies in Day Care Accident

Michael Myers — Mon, 05 Dec 2005 16:57:48 GMT

A 17 month old child died last Thursday as the result of a tragic accident that occurred at her day care provider. The infant, Jaclyn Frank, was apparently strangled on a set of blinds at her Bothel day care facility. The King County Medical Examiner ruled the death an accident. The King County Sheriff's Office is investigating. Jaclyn's father, Larry Frank, described his daughter as "the sweetest, most innocent girl I've ever known." For more information about this story, read the following links: Infant dies in day care tragedy; Infant Strangles on Day Care Blinds.

Although no criminal charges have been filed against the day care facility the Frank family may file a civil lawsuit for negligent supervision.

Originally posted at InjuryBoard by Michael Myers

Traveling this summer outside of the US? Be careful what you sign when you check in.

Gabrielle D'Alemberte — Tue, 21 Jul 2009 21:41:00 GMT

If you’ve ever been to an athletic event, you know that when two teams compete, often one is “home” and one is “away”. You prefer for your team to be home, not just because it makes it easier for you to get to the game, but also because it tends to increase the chances of victory. This is referred to as “home court advantage”. The home team has the advantage of higher attendance by fans, comfort and familiarity in the arena, and time to prepare for the traveling team’s arrival. To a certain extent, the same can be said for the current status of resort litigation. When you’re involved in any law suit, it is beneficial to be in your own state or country where you can easily travel, understand the system, and communicate with a local attorney who is familiar with local laws. This is particularly true of the United States legal court system.

However, if you travel and find yourself injured, it can now be difficult to get the home court advantage. Actually, it can be difficult to even bring a case at all.

Take a common vacation scenario for example. Many people choose to vacation at large Caribbean resorts. It's become almost an extension of Florida. As with most agreements, your reservation at a resort is considered a contract. As with all contracts, it’s important to read the fine print.

At the time of your reservation, you are asked to agree to the resort’s policies for booking and visiting, but when you’re traveling outside the U.S., it’s imperative that you be careful before signing your guest registration card. For example, the reservation request for a major resort in St. Lucia includes the clause that “all rates and conditions are subject to change without notice”.

While the above is considered a relatively common policy, contracts also include more serious conditions that may make it hard for you to protect your rights if you have an accident. Under the forum selection clause, if you choose to bring a law suit, many vacation destinations claim that you must do so in their country (outside the US). This implies more than just traveling back to a given island paradise for a court date. It also means that you must follow, not U.S. laws and procedures, but the other country’s. Sometimes, these laws prohibit contingency fee contracts (a good example is the Bahamas where contingency contracts are not allowed), and some require significant bonds to be posted in order to bring a personal injury claim. Many countries make it very complicated to bring personal injury suits in the first place.

In some instances the traveler does not even see this forum selection clause until they have already traveled thousand country. Other resorts, have reservation websites that when travel is booked, send s a link to their website, and somewhere buried in its multi-page website is a Terms and Condition section with language similar to the following (which was taken from the Atlantis Terms & Conditions section of their internet site):

During guest registration ... you will be asked to sign a form agreeing to the following terms related to any claims you may have as a result of your stay at the resort: "I agree that any claim I may have against Atlantis, Ocean Club, or any of their officers, directors, employees or related or affiliated companies,....... resulting from any events occurring in The Bahamas shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas, and further, irrevocably agree to the Supreme Court of The Bahamas as the exclusive venue for any such proceedings whatsoever. The foregoing shall apply to all persons accompanying me, and I represent that I have the authority to sign this document on their behalf.

So why sign away your rights? Why not just avoid the issue altogether? If only it were so simple. The problem with the forum selection clause is that it is often not shown to travelers before they arrive at the destination. Once you are at the resort, you must agree to their terms in order to stay there. Therefore, unless you want to be stranded in paradise looking for a Super 8 Motel equivalent so you don’t have to pitch a tent on the beach, you’ll probably agree to sign what the resort asks you to sign. To avoid this kind of problem, find out the resort’s policies before you leave home. Find out if there is a forum selection clause, and if so, ask where the agreed forum is. If there are legal problems during your visit, this location will be the site of any necessary litigation.

If you are planning to travel, be careful that you know what you are signing. Actually, be careful because in some instances, you don't even have to sign- the person who checks you in obligates everyone within his/her travel group (see the last sentence in the forum selection clause from Atlantis). If you need help and want to be advised of your rights, consult an attorney who is familiar with forum selection and can help you understand the agreement you are making with the resort. It would be great not to have to worry about this because the likelihood of injury is so remote, but unfortunately accidents and injuries can happen to people while they are traveling. It would be a shame if someone was seriously injured because of a resort's negligence, but they couldn't recover simply because they had to litigate outside the US and they either couldn't afford the bond, couldn't find a contingency lawyer, or could not withstand the traveling back to the country where they were hurt.

Originally posted at InjuryBoard by Gabrielle D'Alemberte

Inadequate Security at large Retail Facilities such as Outlet Malls

Jesse Guerra — Wed, 19 Sep 2007 08:59:11 GMT

Many people are not aware that large retail outlets and shopping malls owe a legal duty to their guests to maintain a reasonably safe shopping environment.

There are numerous situations where individuals have been kidnapped from a major retail facility and later murdered because of inadequate security. In addition to kidnappings and murders on the premises, people have also been seriously injured by assaults while on these types of premises.

The retail facility owes a legal duty to keep their facility reasonably safe for the customers who come and do business at their facility. The lack of security or negligent hiring and training of security staff can often make or break a case. Furthermore, the lack of security in areas known by the facility management as high risk areas like dark parking garage structures or areas that are hidden from direct view often result in creating a dangerous condition for retal center patrons.

Car thefts can and have been known to escelate into assaults and serious injury on patrons. It is not uncommon to find little security in areas where past violence has occurred. Inadequate security can also involve security staff too busy flirting or not paying attention while on patrol. Lastly, the lack of security cameras in parking garages also contribute to a higher crime rate in those structures lacking cameras.

Bob Hilliard the founding Partner of Hilliard & Munoz LLP has represented victims who have been seriously injured or killed as a result of inadequate security. Bob Hilliard is a board certified Personal Injury Trial Lawyer who has been trying cases since 1983. Inadequate security cases are not easy cases to win and are often overlooked by other law firms who lack the proper understanding of how to successfully develop and prosecute an inadequate security claim against large retail facilities. If you have a loved one who was reported missing and later found murdered, it's important to make a timeline of all the stops that loved one made to determine if foul play was a factor or to identify where the individual was initially abducted.

Originally posted at InjuryBoard by Jesse Guerra

Apartment Pool Drowning a Horrible Tragedy

Fred Schultz — Mon, 17 Aug 2009 11:55:50 GMT

It broke my heart to see that a 4 year old boy drowned in the pool at the Bachelor Heights apartment complex. I have a five year old son and simply cannot imagine, and don't want to even pretend to image, the pain his family is suffering.

Pools are a lot of fun in the summer, but they are also very dangerous. There is a good reason why homeowners insurance premiums can go sky-high when people have pools. As we all know, kids are curious, and the younger they are, the less they are able to appeciate danger.

A 4-year-old boy drowned Sunday in an apartment swimming pool just south of Bloomington.
The drowning happened at the Batchelor Heights pool, on West Gordon Pike, about 4:30 p.m., Monroe County coroner Nicole Meyer said.

Most apartments and hotels that have pools do not provide lifeguards, and often post signs that warn people. Many times the owners of the property think that this warning somehow eleviates them of any liability in the future. This is not the case, especially in a situation like this where you have a child that is incapable of appreciating the danger.

Property owners, whether commercial, apartment owners, or homeowners, who choose to have pools also have a duty under Indiana law to take reasonable steps to secure their property (including the pool) to make the premises safe. What is "reasonable" depends on the circumstances in each case.

Basically, the law recognizes that each situation may be a little different. What is "reasonable" for a homeowner to do may be different than what is "reasonable" for an apartment complex. It's not reasonable for a homeowner to have a lifeguard on duty, but it is reasonable to expect the homeowner to have a fence. Whether its reasonable to expect a commercial property to have a lifeguard or attendant also varies. For example, how often the pool is used, how many people have access to the pool, does the property charge admission to the pool, etc.

Much more needs to be known before anyone can assess blame in this situation, and the article in the paper references that the Sheriff's Department will be reviewing security camera footage. What is clear is that this a terribly sad story.

Originally posted at InjuryBoard by Fred Schultz

Wrongful Death Suit filed against Port Royal Condominium Owners' Association

Jesse Guerra — Tue, 18 Sep 2007 16:31:10 GMT

Corpus Christi police said there appears to be no foul play in the drowning of a 16 year-old-girl who died while swimming at the Port Royal Condominium Pools on Mustang Island on May 04, 2007.

Toynelle Bailey was reported missing around 5:30 p.m. by her friends and her body was found in the deep end at around 7:30 p.m. Toynelle was in town with fellow band mates from Houston and was scheduled to perform in the Buccaneer Day's Parade the following day. Toynelle's family has hired the Law Firm of Hilliard and Munoz LLP out of Corpus Christi, Texas to investigate and file a law suit against the owners of Port Royal Condominiums for negligence resulting in Toynelle's death. Bob Hilliard is a double board certified trial lawyer based out of Corpus Christi, Texas. He is specifically board certified in Personal Injury Trial Law and Civil Trial Law by the State Board of Legal Specialization in Texas. Bob has been trying personal injury law cases since 1983. According to Mr. Hilliard, "these types of drowning incidents are situations that cannot be ignored, huge swimming pools like the those at Port Royal can often create dangerous situations without proper safety measures in place. Facilities like Port Royal owe a duty to provide a reasonably safe swimming environment for their guests."

Originally posted at InjuryBoard by Jesse Guerra