Slip and Fall Lawsuits

Simple Slip and Falls Provoke Catastrophes

2010-11-01T12:04:00.000-07:00

As a baby boomer, I often worry about slip and falls. I have seen peers suffer serious slip and falls and trip and falls and they are not recovering to their former vital selves.

Many elderly adults are frail and have pre-existing medical conditions, such as heart disease. For instance, a low-level fall that results in a broken hip could have serious, far-reaching consequences.

Elderly patients are three times more likely to die following a ground-level fall compared to their younger counterparts.

In a recent trauma study elderly patients remained in the hospital and the intensive care unit longer and only 22 percent were able to function on their own after they left the hospital, compared to 41 percent of non-elderly patients.

Simple falls, such as slipping while walking off a curb, may seem harmless, they may lead to severe injury and death for the elderly.

Slip and Fall Lawsuits: The Sky is Falling

2010-08-29T08:01:00.000-07:00

According to the National Insurance Crime Bureau (NICB) slip and fall claims are not as simple as spilled milk. A large number of claims are fraudulent and questionable.

Unfortunately for the rest of us who have legitimate slip and fall lawsuits, organized criminal rings stage slip and fall accidents as a way to make quick money. These criminals slip and fall at several businesses in the same geographical area.

Many retailers are self-insured and consider a slip and fall as the cost of doing business and pay up.

The bad news is that you or a loved one have a legitimate slip and fall case caused by a business or entity that failed to keep the floor dry or fix a crack or there was no railing on the stairwell or poor lighting or no lighting. There are many legitimate reasons for slip and falls.

Slip and Fall Lawsuits: Fosamax Femur Fracture

2010-07-12T20:17:00.000-07:00

Every time I watch the actress Sally Field do her osteoporosis Boniva commercial, I wonder if she really uses Boniva.

Then I wonder if she knows about all the serious side effects associated with similar bisphosphonate drugs like Fosamax.

In March 2010, ABC News reported that for some women taking bisphosphonate drugs like Fosamax and Boniva for more than five years, spontaneous femur fractures are starting to happen to enough women to take note of the problem.

These women with the femur fractures are not doing anything out of the ordinary or too strenuous. No, they are simply walking or walking down the stairs. Femur fractures are unusual since the femur is one of the strongest bones in the body.

Slip and fall accidents happen for all the wrong reasons. When the drug you were taken to build bones causes your femur fracture slip and fall -- there is a problem but unsafe drug accidents.

Slip and fall kills woman

2009-08-15T11:57:00.000-07:00

Slip and fall kills woman

A Nebraska wife and mother suffered a slip and fall in Wal-Mart. She hit her head after falling on a wet floor and never woke up. She received surgery for a massive blood clot but did not survive post surgery.

Her husband is suing Wal-Mart for negligence for creating or failing to prevent a wet slippery and for failing to use slip resistant flooring. Her husband is asking for an assortment of compensation of damages plus pain and suffering by the family.

She is survived by two children.

Slip and Fall: Rescue Coincidence

2009-08-13T11:39:00.000-07:00

Good timing is everything. A rock climber had no clue what good timing he had.

Rescue workers were helping a man who was clinging to a cliff where he failed to make a connecting shortcut jump. The rescue workers heard a noise when they looked up and saw another man falling in their direction.

Fortunately both men unknown to each other were rescued and neither suffered life threatening injuries.

The incident happened in England but really it could happen anywhere.

Bad Weather Slip and Fall Accidents

2008-12-28T08:04:00.000-08:00

The weather outside is frightful and people of all ages must take appropriate action to cautious of slipping and falling.

Shopping centers, office buildings, parking lots, and public spaces must do their fair share too to keep everyone safe.

When walking -- wear appropriate anti-slip shoes (cowboy boots, plastic sole shoes, and high heels are verboten)

If there is a hand rail, hold onto it.

Stay away from hills and slopes.

Try to wipe your feet on a mat to prevent tracking wetness into a building and watch where you step.

Premises, buildings, and parking lots should be diligent about preventing icy conditions.

Ensure you have plenty of "wet floor" signs and floor mats to prevent tracking of ice and water.

Educate your maintenance staff about clearing snow and ice from any areas with poor drainage
near sidewalks and to make parking areas a priority.

Divert people from potentially hazard terrain.

Be diligent with your plan.

If you or anyone you know has experienced great pain and disability because of a slip and fall accident, do not hesitate to contact a lawyer.

Slip and Fall Results in Settlement

2008-12-04T08:28:00.000-08:00

Prior to mandatory arbitration a slip and fall case was settled for a woman and her daughter who slipped and fell in a Dollar Store.

The woman claims she slipped on a puddle of blue soap. She was holding her minor daughter who sustained injuries to her chest, legs, and ribs. The mother also claimed injuries to her own stomach, abdomen, and knees resulting in pain and medical expenses and lost wages.

Her settlement was more than $15,000 but less than $50,000. The terms of the settlement were not made public.

Icy slip and fall lawsuit filed

2008-11-28T20:20:00.000-08:00

A woman filed a slip and fall lawsuit against the owner of a shopping center, alleging she was permanently injured after she slipped on ice in the parking lot of the center.

Because of her fall, she suffered intense physical and mental pain and agony, incurred medical expenses and was hindered and prevented from attending to her daily work and affairs according to the lawsuit.

She claims the owner of the property was negligent because it failed to remove accumulated snow and ice, failed to warn customers of the dangerous condition and plowed the parking lot so it formed an unnatural accumulation of ice and snow in an area used by consumers.The owner also negligently permitted the public to use the parking area when it should have known of the icy condition

She is seeking a judgment in excess of $50,000, plus costs and other relief.

Sidewalk and Walkway Safety

2008-10-31T04:09:00.000-07:00

Sidewalk and walkway safety isn't something that affects just the elderly or the handicapped; it affects everyone, even those who seem to be in the pink of health. Slip and fall injuries can vary from an ankle sprain to a broken leg. An injury like that can not only cost a bundle, but you will be out of commission for a while.

So who's responsible?

Is it the city's responsibility to ensure that all the walkways are safe? Is it the responsibility of the citizens who live in front of the walkway? Unfortunately, the answers to these questions tend to vary, but in general, the city charters will claim that they can't be held responsible for walkway conditions which means pedestrians need to be extra careful about sidewalk and walkway safety.

Sometimes the most harmless things could be hazardous like broken or uneven slabs, overhanging trees, snow or ice build-up -- are what you must look for. Overcrowding of the actual walkway with vending machines, telephone poles, or mailboxes can also be hazardous. It's important to be careful when construction work happens at a walkway. Many people don't realize that these construction companies must provide adequate barriers, rerouting signs, and clear alternate routes.

They are not supposed to keep dangerous equipment nearby or block the area with materials that are hazardous to sidewalk and walkway safety. People who are physically handicapped and visually impaired should also have safe and easy access through these areas.

Slip and Fall Accidents: The Celebrity Angle

2008-10-23T11:08:00.000-07:00

Almost every day, people file slip and fall lawsuits due to other people's negligence.

What might appear as a small bump in the sidewalk or a tiny patch of ice on the porch, can cause all sorts of damage, from broken legs to broken backs. The truth is that these cases usually don’t make news. But one case has recently been plastered all over the media because of its celebrity angle -- the victim is none other than Ed McMahon.

McMahon's story is not like your typical, straightforward slip and fall lawsuit. For one thing, he's suing billionaire Robert Day for his main injury, a broken neck. McMahon says that the entry stairs to Day's home were unsafe. As a result, McMahon lost his balance and reached for the handrails, which were none. As a result, he fell and broke his neck.

But the McMahon saga doesn't end there. He’s also suing the Cedars-Sinai Medical Center for malpractice and elder abuse.

McMahon claims that the doctors refused to X-ray his spine, even though he kept complaining of severe pain. He says that he was released from the hospital with a broken neck, a problem that was revealed two weeks later.

Cynics will think that this is one of those celebrity slip and fall lawsuits that is aimed at drumming up publicity. But it does put the spotlight on some important issues involving slip and fall cases as well as possible hospital

Photographs can Validate the Truth

2008-10-15T06:26:00.000-07:00

Photographs of the accident scene can often validate a liability claim.

When it comes to a slip and fall accident, the truth is on your side. That is, if you file a lawsuit and what you allege is true then the odds are that you will come out on top. For example, if the condition of a sidewalk is in such terrible disrepair that an accident was unavoidable the odds of winning the case are quite high. However, you do need to prove that the sidewall was in disrepair. But, if the sidewalk is currently in good condition then how can you prove that the sidewalk was in bad shape when you slipped and fell? Well, you could hope that the defendant will come clean and admit his wrongdoing but it is extraordinarily doubtful that this will happen. This is why it is important to take photographs of the accident scene where the fall occurred.

Again, if the basis of your case revolves around the lack of maintaining the safety of the sidewalk you will need to prove to the jury that the sidewalk was improperly maintained. Of course, no one's word alone will be enough. The defendant will have his own version of the story as well. Therefore, the case will end up becoming your word versus his word. That is hardly substantial and it would make proving the slip and fall accident case very difficult.

It goes without saying with is important to immediately the return to the site of the fall and take a variety of photographs. These photographs will document the fact that the sidewalk was in a seriously negligible state of disrepair. These photographs can then be presented in court of law as evidence. When your evidence is strong the ability to prove your case increases dramatically. So, never underestimate the value of photographic evidence. Often, it can mean the difference between winning and losing a case.

Snow and Sidwalk Slip and Fall Accidents

2008-09-28T13:13:00.000-07:00

Clearing a sidewalk is a property owner's duty and responsibility

While it is important to be a good neighbor to those who live on your block, being a good neighbor means more than just walking around and saying hi to people who pass you on the street. It also means maintaining a certain level of safety on your property. Often, this is achieved by properly maintaining your property so it’s not prone to accidents. Yet, there are neighbors who are derelict in this regard which is unfortunate because maintaining levels of safety are often less complicated than most assume.

For example, after a heavy snowfall, ensure that the sidewalk in front of your house is clear. Why? Snow should not present a danger to people walking in front of your property. Maintaining safety is done by shoveling snow from the sidewalk, breaking or removing any ice from the sidewalk to reduce the possibility that passers-by will not slip and fall.

Keep in mind, such an accident can be dangerous. The injuries a person could suffer from like a slip and fall accident could be serious. A broken arm, a torn knee, or a traumatic brain injury could result. These are not minor injuries and come with serious pain and require extensive rehabilitation care. Obviously, the property owner could be liable for the resultant injuries.

This is why it is important to ensure that any property in front of your home is free of such weather related hazards. The fear of suffering legal consequences as a result of negative action should motivate property owners to maintain safety levels. A sincere desire to keep harm from befalling others should be a motivator as well.

Slip and Fall Accidents and Credibility

2008-09-25T13:55:00.000-07:00

Negligence needs to be proven in court to win

When it comes to the definition of liability in a slip and fall accident lawsuit, some may have serious questions as to how the liable party is actually liable. That is, if you slip and fall on someone's property what are the criteria that make the property owner actually liable? Surely, the property owner can not be held liable in all circumstances.

The answer is, of course, no, the owner is not automatically held liable for every instance of a fall. For the lawsuit to be credible there needs to be some negligence. Really, if someone walks on a person's property and trips because their shoelaces are untied it would be doubtful they could make a credible claim of liability against the person on whose property they fell. Again, there needs to be an issue of negligence present.

Now, imagine if you are walking down a sidewalk and you slipped, fell, and broke your ankle. You look around and you notice toys are strewn about the sidewalk and the sidewalk had huge cracks. This could very well provide the basis for a serious slip and fall accident lawsuit. This is because the property owner had the duty to remove the toys as well as having fixed the sidewalk.

But what if a vandal cracked the sidewalk the night before and the toys were placed there by a few kids from down the block? In this situation, it would probably be difficult to prove negligence since the factors that contributed to the fall were outside the hands of the property owner. Unless, of course, the property owner remained aware of the problem while deciding to take no steps to ensure the safety of passersby.

Again, circumstances will dictate levels of liability.

It's next to impossible to provide sweeping generalities regarding the merits of a slip and fall lawsuit. Instead, it's best to discuss the particulars of each case with a qualified attorney. In general, winning or losing a slip and fall accident lawsuit will center on negligence on the part of the property owner.

Slip and Fall – Statute of Limitations

2008-09-20T06:25:00.000-07:00

Slip and fall accidents need to be filed in a certain time frame

Here is a scenario that many people learn the hard way. A person can be walking down the street and all the sudden slip and fall. They feel a little bit of pain but it doesn't seem to be anything all that bad so they shrug the incident off. If they had broken anything they would surely have noticed a problem right away wouldn't they? Not necessarily.

This same person goes about his business for the next three years. Then, he starts to suffer residual numbness in his arm. As it turns out, he had been walking around with a minor fracture that had gotten worse over time. He realizes that it was that fall three years prior that was the cause of the injury. So, he opts to sue to collect on the significant medical bills that will result from the surgery he will now need. Also, he may need additional compensation since he will be out of work and nursing his recuperating arm.

Ok, how many problems can he pick out in the above scenario? The most obvious would be the fact that over the next to impossible for this individual to compile all the information needed since he has waited three years after the slip and fall accident occurred. Compiling such information 36 months later would be haphazard at best. But, there is an even more ominous problem: the statute of limitations on filing the lawsuit may have expired.

A statute of limitation refers to the time frame one is allowed to file a suit. Once the statute of limitations has expired there is nothing that can be done. The lawsuit would be unable to go forward on statutory grounds. Therefore, it is critical to not waste time as far as filing suit is concerned. Also, if you are injured in a slip and fall accident is best to seek medical attention right away and make sure there is nothing seriously wrong. Immediately thereafter, you should explore your legal options as waiting to long to bring suit could work against you.

Taking Slip and Fall Litigation Seriously

2008-09-17T16:55:00.000-07:00

Slip and fall accident lawsuits sometimes get an undeserved bad reputation.

Does anyone remember the old television series HOTEL? This was an old anthology television series that was a decent program. The plots generally centered on the adventures of various guests who would check into a very popular hotel. One episode featured MacClean Stephenson of MASH fame looking to purposely slip and fall in order to sue the hotel. The episode was humorous because no matter what Stephenson would do someone would prevent him from slipping. Yes, the episode was funny but it did significant harm to the psyche of the public consciousness regarding such accidents. Essentially, it educated a large audience that slip and fall accidents are a scam when they are decidedly not.

While slip and fall accidents are often mocked in certain circles due to their perceived lack of seriousness, they are far from unserious matters. When a person slips and falls they can suffer serious injuries that can lead to all sorts of problems. In fact, a serious fall could make it difficult for a person to support himself if it leads to a loss of income. This is why it is critical to not look at potential slip and fall litigation as something less than serious. These lawsuits can provide the potential only way you could recoup the losses suffered after experiencing a fall.

So, it is critical to not let any outside influences sway your decision on any matters. No injury is a matter to be taken lightly particularly when it is the result of negligence. Yes, that negative mocking sentiment towards slip and fall accidents may be apparent somewhere in your mind. Don't let it influence your decisions! Remember, there is a huge difference between reality and perceived reality. So, do not let stereotypes about particular lawsuits sway your decisions.

Civil Liabilities and Crime

2008-09-03T08:22:00.000-07:00

Injuries resulting from criminal action leave openings for lawsuits.

Imagine walking down the street when someone runs by and grabs your purse. Tugging on the purse leads you to slip and fall. As you hit the sidewalk a feeling of pain starts to shoots through your body. Perhaps you have dislocated your elbow or, worse, you may have suffered a traumatic brain injury. Regardless of what type of injury you have suffered, the injury is the result of gross negligence. That means you may be able to seek financial compensation for the injuries you have suffered.

Anyone who is watching old television shows featuring those detectives of the 1970's has surely seen the conventional plot device of a robber who finds himself an accessory to a more serious crime when the initial robbery spirals out of control. Usually, this plot device centers on an expansion of the initial criminal act. However, there are also civil liabilities surrounding a criminal act as well. If you are injured by someone committing a crime on your person you may be able to seek civil remedies as well as from the ones.

Now, some may say that filing a slip and fall accident lawsuit against a purse snatcher is ridiculous. After all, if the person had any money why would they be robbing purses? Such a question is based purely on an assumption as opposed to any examination of facts. That is, if you do not have an explicit insight into the individual's finances then you cannot make a decision as to whether or not the person has any assets. Seriously, how does one know that the theft was not the result of a thrill crime? That is, crime may have been committed out of pure boredom and not economic necessity. But, regardless of the reason the crime was committed it is still a crime. That means that the perpetrator may be held criminally and civilly liable. Because of this, it would make perfect sense to seek a reward of damages if you are injured.

Slip and Fall – Wheelchair Ramps

2008-08-31T06:24:00.000-07:00

Wheel chair accidents can lead to a slip and fall lawsuit

If you are walking down the street and slip on a block of ice on a sidewalk you may have the basis for a slip and fall accident lawsuit. After all, is the responsibility of a home or business owner to make sure that the sidewalk in front of their property is clear after a snowfall. Most people understand this and that is why they make sure the sidewalk is safe for walking. Where they are lax, however, is in making a sidewalk safe for wheelchairs. Actually, any area that is accessible to a wheelchair must be kept safe or else a dangerous hazard is present.

For example, let's say that a person is riding a wheelchair on the wheelchair ramp of a commercial establishment. The wheelchair teeters and person falls and suffers a dislocated shoulder. In some instances, such accidents are unavoidable. When they are the result of negligence, however, then there may be the basis for a liability suit. That is, if the ramp was built in an uneven manner then the proprietor of the establishment may very well be responsible for any slip and fall accident injuries that result. No, is not enough to simply provide a ramp for wheelchair access. One must also make sure that the ramp is safe. To do other otherwise, could prove very harmful to anyone who uses the ramp.

Anyone involved with a fall in the fall related to negligence on the part of that property owner may be able to sue for damages. This is of particular importance to those who are wheelchair bound since they are dependent on the proper safety and maintenance of sidewalks, driveways, and wheelchair ramps for their well being. When this well being is put in jeopardy it is not unreasonable to seek damages for any injuries that ay have occurred.

Witnesses and Accidents

2008-08-15T06:33:00.000-07:00

You may need a witness to verify a slip and fall accident.

There are a number of complexities associated with winning a slip and fall lawsuit. This means that simply being injured is not enough to prove liabilities in a court of law. Obviously, you will be required to prove your case beyond a preponderance of the evidence. One of the best ways to do this is to rely on the testimony of credible witnesses. That means if you have suffered a slip and fall accident and anyone witnessed the event is important to get as much contact information as possible. This is so the witness can be called at a later date to testify. While this may seem simple enough many people do not take the necessary steps to record contact information.

Part of the reason for this is that after a fall the last thing anyone thinks about is collecting the names of witnesses. What they do think about his seeing if they are injured. Remember, a slip and fall accident comes as a surprise. As a result, there will be a feeling of shock that might prevent the individual from collecting his or her senses. As such, they will forget to log the name of anyone who may have witnessed the slip and fall accident. However, collecting your senses and getting the names of witnesses is critically important. They may make the difference between eventually winning or losing a case.

Whether you write down the person's name and number or plug the information directly into a cell phone is irrelevant. What is important is that you need to collect the information so that you can use it to contact the witness when needed. Again, this may mean the difference between winning and losing your slip and fall lawsuit. And you do want to win do you not? So, keep tabs on all those who may be witnesses!

Slip and Fall Accidents are Serious

2008-07-30T07:29:00.000-07:00

Suffering a slip and fall accident is more serious than many assume.

The term slip and fall accident lawyer is often used as a pejorative. The reason for this that some assume slipping and falling does not really result in any harm. Of course, someone who arrives at this assessment is an individual who has never actually taken a fall. After all, there are a number of serious injuries that can result if one takes an unexpected "spill". Imagine slipping and falling on concrete. The injury that can result from hitting such a hard surface can be far more severe than the average person would imagine. It is not uncommon for such a fall to result in a major spinal injury. Needless to say, spinal injuries come with a host of serious repercussions.

Yet, there are those who even when they discover the slip and fall accident resulted in a severe injury they will still assume filing a lawsuit is unnecessary. Once again, any individual making such an assessment flat out does not understand the severity of a major injury can have on one's life. Any injuries resulting from a fall may result in a number of financial repercussions. As such, if it discovered that the fall was the result of negligence it is obvious that the negligent party should be held liable.

Imagine if you slipped in a restaurant and discovered you slipped on food that was dropped on the floor of the restaurant. Actually, the discarded food had been lying there for an hour and management opted not to clean the mess up. Clearly, the restaurant would be at fault for the fall. No one would deny that. So, it would make sense that logic dictates the restaurant be held liable for the financial losses that resulted from the injury. Again, this is not done out of malice. It is done out of the need to recoup compensation for the medical care and loss of income that such an accident could yield.

Slip And Fall Lawsuit - Slip And Fall Lawsuit Claim - Filing Slip And Fall Lawsuits

2008-07-08T07:42:00.000-07:00

Slip and fall accidents are a common occurrence in industrial locations, construction sites, shopping malls and residential buildings. However, in slip and fall lawsuits it is very difficult to fix responsibility on the guilty as the nature of these accidents requires thorough investigation.

Some Aspects Of Slip And Fall Lawsuits
In slip and fall lawsuits it is very difficult to put legally responsibility for the mishap on a certain party. Here are some reasons that make the issue tricky. You need to prove that,

Damages In Slip And Fall Law Suits
The slip and fall injury claims depends on the facts of the case, the insurance coverage, the location, the wealth of the defendant and the severity of the injury, the assets of those who may be responsible, and finally the skill of the lawyer.

The value of the slip and fall lawsuit claim also depends on the area where the case is filed. For instance, urban settlements are considerably higher than rural settlements. Victims contemplating filing slip and fall lawsuits will have to examine carefully all the above aspects before they go ahead.

Slip And Fall Lawsuits - Filing Slip And Fall Lawsuits - Slip And Fall Injury

2008-07-04T07:41:00.000-07:00

When you suffer from certain injuries at someone else’s place, you are eligible to file slip and fall lawsuits against the owner of that place. Whether a residential or a public place, you are entitled to a monetary compensation.

Slip And Fall Lawsuits - Who Is Responsible

A slip and fall lawsuit can be filed if you suffer injuries due to a slip and fall in a place other than your home. You can file the lawsuit against the owner of that home or place. However, there are several factors that you need to consider in this regard. Like, you can claim for some monetary compensation only if the owner of that place is found to be negligent. No matter whether it is a private residence or a public place, if you hurt yourself because of a slip and fall, you may be entitled to file a case against the owner and are entitled to get monetary compensation to cover your medical bills and other losses if you can prove that they were negligent and that negligence causes the injury.

However, if it was entirely your fault, the slip and fall injury lawsuits are likely to get dismissed. If you know that the case is a frivolous one, you are recommended not to file a lawsuit, as it will only bring unwanted trouble for you. On the other hand, if it is a legitimate case and if you have the evidence to prove that due to the negligence of the owner of the property, you had to suffer injuries, you should retain an attorney as soon as possible. The best time period to retain a lawyer is within thirty days of the accident.

The longer you delay the filing of your lawsuit, the lesser are your chances of getting the judgment in your favor, since it will be more difficult to document what has occurred and you run the risk of being barred by the Statute of Limitations. So, you must act fast when it comes to filing slip and fall lawsuits.

Slip And Fall Lawsuits - Injuries From Slips And Falls - Claiming Compensation

2008-06-25T15:07:00.000-07:00

It is important for property owners to be careful and ensure that they do not face a slip and fall lawsuit. This can be done by preventing injuries from slips and falls.

Slip And Fall Lawsuits – To Sue Or Not To Sue? That is the question.

Slip and Fall Lawsuits have been on the rise in recent times. Hundreds of people get injured when they trip or slip and fall on slippery floor, down the stairs or on an uneven patch of ground. Sometimes the owner of the property can be held liable for this accident although this need not always be the case.

Recently, Robert Bork a former Supreme Court nominee, filed a slip-and-fall lawsuit against Yale club, details of which can be found at this link. http://blogs.wsj.com/law/2007/06/07/robert-bork-files-slip-and-fall-lawsuit-against-yale-club/

It is important for property owners to be careful and ensure that they do not face a slip and fall lawsuit. This can be done by preventing conditions which can case injuries from slips and falls.

There are instances where the owner of the premises may have been aware of the dangers and did not do anything about it, in which case they are negilgent and a lawsuit against them may be successful. Someone making such a claim must usually prove that the slip and fall was caused by negligence and resulted in a physical injury and/or mental trauma.

VCU receives Social Security disability training grant

2008-06-17T07:31:00.000-07:00

Virginia Commonwealth University has received a $5.4 million training grant designed to reduce dependency on Social Security disability benefits. The three-year grant from the Social Security Administration will train 500 professionals to help people with disabilities return to the work force. These professionals come from all across the country.

An estimated 11 million Americans receive Social Security disability benefits. John Kregle, associate director and research director of VCU's Rehabilitation Research and Training Center, says many of those people could return to work, given the proper training, while still maintaining some or all of their benefits.

Elderly Prone to Escalator Slip and Fall Injuries

2008-04-25T06:33:00.000-07:00

A new study finds that more and more elderly people are injured during slips and falls on escalators.

While escalators are considered safe, they can be problematic to people who have vision, balance, or mobility issues.

Nearly 40,000 adults age 65 and older were injured on escalators between 1991 and 2005. Most of the injuries were not serious. Only 8 percent of the injured were admitted to a hospital after evaluation in an emergency department. The most common injuries were to the lower extremities and the head.

The most frequent cause of escalator injury was a slip, trip or fall, which accounted for 85 percent of all injuries in the study.

Most of the slip-trip-or-fall injuries happened while a person was standing on the escalator, not trying to step on or off or pass by another person.

People who use canes and walkers should use the elevator.

Woman Slips and Falls in Wal-Mart

2008-04-23T08:29:00.001-07:00

http://www.setexasrecord.com/news/210059-waxy-floor-leads-to-slip-and-fall-suit-against-wal-mart

A woman shopping in a Texas Wal-Mart slipped in a small puddle of wax and fell. The woman believes that Wal-Mart negligently left the wax on the floor causing her to slip and fall which aggravated a pre-existing injury.

She alleges that Wal-Mart is responsible for the incident and was negligent in failing to use ordinary care in the presentation of its floor areas and failed to remediate the dangerous slippery and waxy condition. The lawsuit alleges that Wal-Mart created an unreasonably dangerous condition by leaving wax on the floor, failing to inspect the floor for wax, failing to remove the wax, and failing to warn of the dangerousness of a waxed floor.

The lawsuit seeks an excess of $75,000 in damages for medical care, lost work time, lost ability to do household services, physical impairment, mental anguish, loss in earning capacity, pain and suffering.

Her lawyer is requesting a jury trial.

Judge Sues Janitor and City for Slip and Fall

2008-04-20T05:35:00.000-07:00

A Brooklyn Supreme Court Justice judge is suing the city for $1 million for a slip and fall accident. He fractured his knee last year when he fell in the Brooklyn courthouse. The judge now uses a cane. He is suing the city of Brooklyn for negligence of using a mop and bucket and soapy water.

He is also suing the janitor who is responsible for the puddle. Ouch.

He is also a sitting judge. City lawyers have requested that he no longer hear similar slip and fall cases against the city.

http://blogs.villagevoice.com/runninscared/archives/2008/04/have_a_nice_tri.php

Retainers and Personal Injury Lawsuits

2008-04-09T11:55:00.000-07:00

On other posts, I mentioned the benefits of hiring attorneys who offer personal injury services on a contingency basis makes legal services available to all. But what about examining those attorneys who require a retainer (non-refundable down payment) for their services? Well, if the attorney is a highly skilled professional then such an attorney may be well worth the investment. After all, you will be procuring the services of a great attorney and that comes with a host of benefits that make the monetary expenditure well worth it. Remember, you want to win your case and that means you need an excellent attorney so consider the retainer an investment.

Slip and Fall Personal Injury

2008-04-08T12:23:00.001-07:00

One of the most common types of personal injury lawsuits center on slip and fall accidents. This has led to many attorneys being derogatorily labeled "slip and fall lawyers." Now, imagine if these individuals slipped and fell in a grocery store and ended up with a dislocated hip because something was spilled an hour earlier and the grocery store did not clean up the mess. These individuals would probably not be making such snide remarks about "slip and fall" lawyers. In fact, they would probably be seeking a lawyer so as to recoup money to pay for the enormous medicals bills that would be the result of such an accident. The moral of the story here is obvious: no injury derived from negligence should ever be taken lightly.