Accidents - Slip and Fall Accidents

Slip and fall accidents happen every day. Many victims suffer serious and life-altering injuries. As slip and fall injury attorneys, we can help you understand the law. There are many factors that need to be considered, such as, was the hazard new or had it been complained about in the past. For example, if you advised your landlord about a broken step that was not repaired and ultimately caused you to fall and injure yourself, you may have a case.

Property owners have a responsibility to keep their property free of hazards. There are many factors which our legal team will investigate in analyzing your case.

Slip and Fall on Ice or Snow: Property owners have an obligation to make sure their property, including parking lots and sidewalks, are maintained and that all snow and ice is removed to avoid possible safety hazards. Property owners are allowed a "reasonable" amount of time to remove the snow and ice. For example, if you fall on a snowy sidewalk in the middle of a snowstorm, the property owner may not be held liable since the storm was in progress. If conditions on the property cause an unnatural build up of ice or snow, the property owner may be liable for your slip and fall accident. For example:

• If ice accumulated on the roof, then melts and drips off because of a clogged drain, then refreezes on the ground; or
• If the parking lot causes melting ice to form puddles, and then refreezes into ice patches.
  In addition, if a property owner provides snow or ice removal, they must stay on top of it and provide regular maintenance.

Slip and Fall on Stairs: As slip and fall attorneys, we have many accident cases, which have occurred as a result of defective or broken stairs. Property owners have the responsibility to make sure all steps have the same rise and depth, with visible edges. Also, stairs must be kept free of debris or other obstacles, which could cause an accident. A property owner is also responsible for making sure all stairwells are well lit, with sturdy handrails on both sides. We all have a responsibility to be careful and watch where we are going, however, a property owner needs to show reasonable care.

General Information on Slip and Fall Injuries: There are several types of slip and fall accidents including slippery surface falls, stairway accidents, fall from a terrace or balcony, parking ramp falls, sidewalk falls and bathtub and shower falls, to name a few. A property owner has an obligation to keep their property in a safe condition for those invited onto the property. If it can be proven that a property owner was negligent and knew or should have known about the dangerous or defective condition that caused a slip and fall, you may be compensated for your injuries.

What Is Reasonable?
Did the property owner use their common sense? Was there something the property owner "should have known" was dangerous? Did the property owner use reasonable care to keep the property safe? A judge and jury will certainly take the answers to these questions into consideration.
If the property owner is careful in their efforts to keep the property safe and clean, they most likely have shown "reasonable" care. Here are some initial questions you can ask yourself to help determine if a property or business owner may be liable for your injuries:
Did you trip over a broken, or uneven area of carpet or floor or did you slip on a wet area? If so, was the dangerous condition in place long enough so the owner "should have known" about it? Has any accident happened there before?
Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?
If you tripped over or slipped on an object someone placed or left on the ground, was there a good reason for the object to be there? If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?
Was there a safer place the object could have been located?
Could a barrier have been created to warn people of a potential danger?
Did poor or broken lighting contribute to the accident?
If the answer to one or more of these questions was in your favor, you may have a claim for compensation. Please remember, however, you need to think about whether your actions contributed to your accident.

Should I Gather Evidence?
When possible, we recommend the following:
Photos. Take photographs of the scene of the accident, your clothing and shoes and any bruising, cuts, scrapes or required stitches or casts to document your injury.
Witnesses. If someone witnesses your fall, try to get their name, address and telephone number.
Accident Report. If you suffer injuries in a store, whether a department store or grocery store, make sure you file an accident report. You can do this by asking for the manager. They will then document your version of the accident. This will prove to be valuable in representing you for your injuries. Unless you are unable, make sure you obtain a copy of the accident report before you leave.
Evidence. We recommend you save the item that caused your fall. For example, if you slipped on a piece of fruit or a vegetable, place the item in a plastic bag and freeze it. You may also want to safeguard the shoes you were wearing at the time of the fall. These can be placed in a plastic bag and taped shut to preserve any mater stuck to your shoe.
If you are unable to take photographs or obtain any statements, an attorney at our firm will obtain as much information as possible. However, please keep in mind, obtaining information hours, days, weeks or even months after an accident scene has been cleaned up or your injuries have healed is much more difficult. Although your medical records will document your injuries, photographs and statements will prove valuable before a jury.

Dangerous or Defective Products

Thousands of people are seriously injured or killed every year by dangerous and defective products. Many of these injuries could have been avoided if appropriate safety and design measures were taken to ensure quality of these products. A defective product may include: dangerous toys, industrial machinery and equipment, improperly designed consumer products, automobiles and prescription drugs. When someone has been injured while using a product, even if human error is partially to blame, they may still be entitled to be compensated for their injuries. For example, a manufacturer must take into consideration normal human error. If an appliance or machine was not designed to function safely in the event of human error, the manufacturer may be found negligent. Also, if the product was not labeled with sufficient instructions or warnings about necessary precautions because the manufacturer failed to do so, again they may be found negligent. The law protects consumers and workers from these types of products by permitting them to sue manufacturers or other entities responsible for the defective machinery or appliance and recover monetary damages for their injuries.

Car Accidents - Side Impact Collisions

Side impact collisions are very serious and common accidents. They are responsible for approximately 8,500 deaths per year. A side impact collision occurs when the front of an oncoming vehicle strikes the side of your vehicle. This is also known as being t-boned. Most of these incidents occur at intersections as the result of a failure to yield at a stop sign or red light.
The seriousness of side impact collisions depends on several factors, including the speed and weight of the oncoming vehicle, and where that oncoming vehicle collides with yours. Fatalities due to side impact collisions can be reduced when a vehicle is equipped with side airbags. It is important to understand that children under the age of 12 should not ride in the front seat. The power with which an airbag deploys can cause death to a child, regardless of the severity of the impact.

Accidents Involving Pedestrians/Children

It is unfortunate but true that many automobile drivers do not respect the rights of pedestrians. Motor vehicle operators have a responsibility to obey the laws of the road and drive in a safe and attentive manner at all times. Likewise, pedestrians must also obey the rules of the road. Often, it is when these rules are not followed that serious injury and even death can result.

There are heightened responsibilities when a driver observes a pedestrian who is a child. It is well known that children are more likely than adults to be distracted, particularly if they are walking with friends. The law requires that drivers exercise extra caution when traveling near children.

Accidents Caused by Excessive Speed

High-speed collisions played a role in approximately 30% of all fatal crashes in 2004 according to the National Highway Traffic Safety Administration. In high-speed collisions, a vehicle undergoes such force that its structure cannot possibly protect its passengers from serious injury. When you speed:

• The distance traveled after seeing an emergency and actually reacting to it increases.
• The distance needed to stop a vehicle is increased.
• The severity of a crash increases as the speed increases.
• An airbag and seatbelt are less effective when speeding is involved.
• For the innocent survivors of high-speed collisions, the physical and emotional recovery process can be horribly painful and unbelievably expensive.

Accidents Caused by Drunk Drivers

Tragically, drunk driving is one of the leading causes of injuries and death on our nation's roads today. When a driver chooses to break the law and operate a vehicle after drinking, they have just chosen to gamble with someone’s life. Drunk driving accidents often result when a driver speeds, drives too slowly, makes an improper turn in front of oncoming traffic, fails to stop at a red light or stop sign, drives on the wrong side of the road or rear-ends another vehicle. In some cases, the supplier of the alcohol may be found negligent as well. The victim of a drunk driving accident is often left with overwhelming emotional trauma as well as expensive and sometimes debilitating personal injuries. Injuries can range from minor scratches to complete paralysis or death.