Virginia Personal Injury Blog - Property Owner's Liability (Slip & Fall)

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

Falling trees: The silent danger in storms

Jim Lewis — Fri, 20 Nov 2009 21:17:57 GMT

Last week’s nor’easter has reminded us of a silent danger – large trees at risk of falling down in a storm and injuring someone.

The risk of injury isn’t trivial – a 17-year-old Newport News boy was badly hurt when a tree more than six feet in diameter fell into his family’s trailer at Warwick Mobile Home Estates at 12095 Jefferson Ave. on Nov. 12.

My colleague Rick Shapiro has written recently about a number of other storm dangers, including drowning while driving, chainsaw safety and generator safety.

The Newport News teen told WAVY-TV that he was sitting on his living-room couch and watching TV – hoping school would be cancelled – when his life changed forever.

"All of a sudden the house started shaking. I thought it was, like, an earthquake," the boy told WAVY.

The tree cut the trailer in half and tore off the roof. It took a crew from Hampton Roads Crane & Rigging Co. – using a 60-ton crane – two hours to lift the tree and free the boy, whose legs were pinned to the floor.

The boy has been released from the hospital after surgery and x-rays. While he didn’t break any bones, the Daily Press reported, he did suffer some nerve damage in his back and legs.

In a case where a tree causes not only personal injury but property damages, the legal issues of responsibility often involve whether a business or homeowner was aware that the tree was in a weakened condition, or was actually a dead tree, as several examples. If the damages orginates from a condition on the business/homeowner property, and if the responsible person/entity knew or should have known of the danger, liability may attach under the law. Injury attorneys must explore these issues and all potential sources of insurance, such as homeowners, or property/liability insurance.

Proper care and maintenance can often prevent trees from falling down as the tree in Newport News did. Tips include: frequent and proper pruning, avoiding damage with lawn mowers and other yard equipment, and digging too close to the tree.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Dozens hurt in Virginia Beach (VA) collapse to divide just $375,000

Rick Shapiro — Mon, 05 Oct 2009 15:49:25 GMT

Three dozen people hurt – some maimed and disabled for life – after a deck collapsed in the Sandbridge section of Virginia Beach in 2005 are being forced to divide just $375,000, The Virginian-Pilot reported Monday.

The incident provides a harsh reminder of how important it is to have complete health insurance – and how dangerous an uninspected rental property can be for your unwitting guests.

The case is pending before Virginia Beach Circuit Court Judge William R. O’Brien, who will decide who gets how much after the October 2005 collapse at 2576 Sandfiddler Road.

The 36 people hurt have amassed $556,000 in medical bills, the newspaper reported. In addition, they have suffered a total of $70,000 in lost wages.

The injuries happened at a six-bedroom benchfront rental home owned by Earle and Patricia Mulrane. The home had been rented out by newlyweds Amanda Hall and Kristopher Hoke.

A number of wedding guests were on the third-floor deck when it tore away from the house. Some people fell onto the deck below, others into the pool, and yet others onto the first-floor patio.

The deck had merely been nailed to the side of the house, city inspectors subsequently discovered, when it should have been bolted to the home’s frame.

The nails rusted and eventually became useless.

The home’s insurer will pay $300,000 – the limit of the Mulranes’ coverage – and the Mulranes will pay just $75,000 despite selling the home earlier this year for $900,000, twice what they paid for it.

My sympathy goes out to these people. I hope these innocent victims are made whole, and that their pain serves to teach others the dangers that lurk in poorly-built rental properties.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling slip, trip, and fall cases.Check out this case result involving a woman who slipped and was injured at a restaurant. Our primary office in based in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

A scare at O’Hare: Fractured kneecap and torn cartilage caused by Airport's slippery fall

Doug Landau — Mon, 10 Aug 2009 12:13:00 GMT

The Chicago Tribune reported on the negligence case.

The city of Chicago has reportedly settled a personal injury lawsuit by a woman injured at O'Hare Airport when she allegedly slipped on the floor and hurt her knee.

Diana Sarkar's attorney, Francis Patrick Murphy, says she'll be paid $800,000.

The Corboy & Demetrio law firm announced the settlement. A message left for the city's law office wasn't immediately returned.

Attorneys say Sarkar was walking through O'Hare on her way to a medical conference when she slipped and fell on an "oily" substance. She fractured her kneecap and tore cartilage. The lawsuit says she was unable to work for months.

Chicago maintains O'Hare. And the lawsuit alleged the city failed to clean a spilled substance on the floor and failed to warn passengers of dropped food.

Originally posted at InjuryBoard by Doug Landau

Watch Your Step in VA Beach’s Town Center

Randy Appleton — Fri, 22 May 2009 08:24:00 GMT

A fountain sits majestically in the middle of Town Center’s $1.7 million plaza. It’s beautiful, and it’s big. Unfortunately, it’s also dormant most of the time. Why? A perilous combination of imported Turkish marble, water, wind, and (some would say) careless oversight, which creates a perfect storm for injuries, and for lawsuits.

When wind blows through Town Center, water from the fountain blows onto the imported Turkish marble surrounding it. This marble gets wet, and, if you’ve ever fallen down a set of marble stairs in the rain (like I have), you know how incredibly slippery the surface can be when it’s even a teeny bit damp. "It's very slippery, especially for ladies, and we can't have any accidents, because of liability," said Amy Cherry of Divar-is Real Estate Inc.

The fountain is equipped with a mechanism that shuts it off when the wind speed reaches 8 mph or over. The problem, however, is that the average wind speed through Town Center is 10.5 mph. "When you combine land with water, you increase your wind speeds," said William Schmitz, climatologist for the Southeast Regional Climate Center. In fact, weather data from a Virginia Beach neighborhood near Town Center showed that wind speeds hit 8 mph on 104 of the first 115 days in 2009.

So why don’t we hear about more fountain-related fall injuries? Because most fountains, in fact nearly all of the fountains in Williamsburg, Newport News, and Norfolk use brick pavers around their fountains, which is rough, and therefore not slippery when wet (not to mention a heck of a lot less expensive).

So as the fountain rests in Town Center on this breezy afternoon, I wonder if this is an example of taxpayer dollars being wasted. Should VA Beach pay to fix the slippery surface to avoid injuries? Or should pedestrians simply use more caution? On whose shoulders does the responsibility rest? I’m a lawyer, not a judge, so it’s not for me to decide. I will say, however, that I’ll be sure to watch my step the next time I walk by the fountain in Town Center.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Randy Appleton

Fountain in Town Center Should Remain Off During High Winds

John Cooper — Thu, 21 May 2009 13:19:00 GMT

The Town Center in Virginia Beach, Virginia (VA) features a large, beautifully designed water fountain. However, it’s rarely at full capacity due to the frequent high winds in Virginia Beach, according to The Virginian-Pilot.

The concern resides in the combination of high winds and the water streaming from the fountain inundating the marble surrounding the fountain.

It can’t be that windy, right? Wrong. The area’s average wind speed is more than 10 miles per hour, the highest average in Virginia (VA).

As a personal injury lawyer whose been practicing in Virginia (VA) for over 20 years, I’m always concerned about situations which may present an injury risk to citizens of the Old Dominion. One important question that crossed my mind is this: what top professional company designed the slippery walking surface surrounding the fountain? We all know that the area around big water fountains, yes...can get wet?! Its a dubious designer that would not surround a huge fountain with one of dozens of commercially available non-skid surfaces.

The fountain situation in Town Center, if left unmonitored, could be a devastating injury waiting to happen. The risk of someone slipping and falling is just too great a risk.

I wrote an article about the legal ramifications of an injury caused by a slip and fall and I’ve represented numerous clients who’ve suffered traumatic injuries due to unsafe property conditions. The property managers of Town Center are wise to keep the water turned off due to high winds, and we need to ask ourselves: why not install a non skid surface surrounding the area so we can turn this fountain on more often?

If you’re dealing with an injury caused by slipping and falling, consult this Help Center page which talks about safety precautions, what to do when an accident happens, and the legal liability associated with property owner/property defects.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

$500,000.00 settlement in bar/nightclub case in Norfolk, Virginia

Emily Mapp Brannon — Fri, 16 Jan 2009 11:32:09 GMT

I recently settled a case against a bar/nightclub in Norfolk, Virginia for $500,000.00. Check out the full article here.

Originally posted at InjuryBoard by Emily Mapp Brannon

Slip, Trip or Fall cases: When Is A Hole Or a Condition Causing Personal Injury Open and Obvious?

Rick Shapiro — Wed, 31 Dec 2008 17:52:51 GMT

I wrote a full article about a recent federal court decision out of Richmond, Virginia (within the Federal court circuit over West Virginia (WV), Virginia (VA), North Carolina (NC) and South Carolina (SC)) where the federal judge denied a motion to dismiss a delivery driver's personal injury lawsuit against a Firestone Tire store, resulting from his injury when he tripped in a parking lot pothole. In a case called Cring v. BFS Retail and Commercial Operations LLC, the opinion by Judge Payne outlined the fact that under Virginia law courts are permitted to find contributory negligence on behalf of the injured victim when the hazard or condition was open and obvious, and with ordinary care, the condition/hole could have or should have been avoided by the injured person. The conservative Federal judge next addressed whether the injured delivery driver could be held negligent for simply failing to look down at the moment before tripping into a pothole. The federal judge observed that the Virginia Supreme Court stated that a jury must examine the size, location and visibility of defects or conditions to determine whether they are truly open and obvious to a personal injury victim. The Judge ultimately would not dismiss the suit and for a full article discussing this decision click here.

Originally posted at InjuryBoard by Rick Shapiro

Liability of nightclub/bars for drunken patrons

Emily Mapp Brannon — Tue, 16 Sep 2008 15:48:59 GMT

As a busy Virginia personal injury attorney, I was recently pondering about a case I have against a Norfolk nightclub/bar, which resulted in serious injuries to a young client.

When I took the call I was initially reluctant to take the case because the bar had potential, but not clear liability for the injuries that a drunk patron inflicted on my client. I knew it was not fair because I have witnesses who say that the guy was very obviously intoxicated and harassing several people. That is the piece of information that made me take the case. Unfortunately for my client he suffered a very serious injury as a result of the bar’s negligence in not removing a drunken patron when they should have. There are several lessons to be learned by this case. First and most important, be careful when you go to your favorite watering hole. You don’t know how drunk the person next to you is and you might end up injured or worse. Second, if you see someone acting out of control, take the time to notify management or an employee so no one ends up hurt.

This is just one type of “premises liability” case that I handle. I enjoy finding new means of recovery for my injured clients. While many lawyers would have walked away from this case, I wanted to see that my client was compensated for his devastating injury. If you have been involved in any type of situation where you end up injured because of someone else’s negligence or actions give me a call. I am always willing to help injured people. We handle cases in VA, NC, SC, WV, D.C. and TN. We have clients from all of the Hampton Roads cities.

Originally posted at InjuryBoard by Emily Mapp Brannon

Amusement Parks and Lawsuits

John Cooper — Tue, 22 Jul 2008 14:11:22 GMT

As a parent and an injury lawyer, I am amazed and scared by the threats posed to the public at theme parks. On June 29th, 2008, a 17 year old boy climbed two six foot fences and strolled into a restricted area at a Six Flags in Georgia where he was decapitated ( his head was cut off ) by a roller coaster called Batman. The State Supervisory Body have now told the amusement park that as a result of the incident it must increase the size and number of warning signs near other popular roller coasters. In May, a girl’s feet were cut off during another ride, called Superman, again at a Six Flags. The family filed a negligence suit against the park.

Horror stories like these often bring up the question: Why isn’t anything being done to prevent these tragedies? The Consumer Product Safety Commission (CPSC) figures show that around 6,000 - 7,000 people are treated in emergency rooms by amusement park related incidents every year. The CPSC was created to shield the public from " unreasonable risks of injuries associated with consumer products", yet its power in this industry is limited. Amusement parks with a fixed site such as our local ,Kings Dominion (Hanover County, Virginia (VA) ), and Busch Gardens (Williamsburg, Virginia (VA) ) are granted an exemption from the CPSC, which leaves only parks that move ( like the circus), under the jurisdiction of the CPSC. This results in the injury toll being unreported.

What’s the point of having a commission that doesn’t work? This is a great example of red tape. The problem with federal agencies like the CPSC is that they are too cozy with the industries they regulate, so enforcement is limited. In this case, the big wigs at the heads of these Amusement Park companies are benefiting from not being under the rules the CPSC can place, but doesn’t, and thus lure more customers under false pretenses of safety.

Originally posted at InjuryBoard by John Cooper