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Month: September 2014

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Slip-and-Fall Accident Liability Claims Require Strong Evidence

Slip-and-fall accidents carry heavy burden of proof

The sheer number of people in New York, coupled with numerous businesses and weather extremes, make it a prime location for accidents that involve slipping and falling. Anyone who has had a slip-and-fall accident on the property of another person or business could have a viable legal case, but only after proving fault.

Proving that another person or business entity is liable for injuries sustained in a fall can be difficult. The first question to ask is whether or not the fall could have been prevented by actions of the property owner. It is important to note if there are safety measures in place to prevent falls in some situations, such as grates to allow water drainage. Some courts also consider whether the cause of the fall could have been avoided easily or if it was reasonable due to the season or weather conditions.

Many cases are built upon a property owner’s negligence to provide safe conditions for visitors. This can include the owner putting out warnings for wet or slippery conditions or picking up loose tools, merchandise, and materials and putting them away securely. Proving liability is the next step in a viable case, which means proving the dangerous conditions was or should have been known about but ignored by the owner or an employee. The injured party, in many cases, must also prove that he or she was not careless, distracted, or otherwise lacked caution in avoiding a potential obstacle.

The hours and days following an accident on another person’s property can be crucial to building a legal case against the owner. However, the legal pitfalls involved in proving slip-and-fall accidents are numerous, which makes this type of case particularly difficult. An experienced attorney can assist an injured client in building such a case.

Source: FindLaw, “Proving Fault in Slip and Fall Accidents“, September 23, 2014

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Woman Suffers Fatal Falling Object Accident: Property Owner Liability

Woman killed by fallen stone

Some New York residents may identify with a fatal accident that occurred on Sept. 4. A 34-year-old woman in Chicago died after a stone from a historic church fell from 30 feet above onto her head. The victim worked at Lurie’s Children’s Hospital and was planning to marry her boyfriend, who was with her when the incident occurred.

According to witnesses at the scene, the female pedestrian was crossing the street when the she was struck by the stone from the Second Presbyterian Church located at the South Loop. City inspectors initiated an investigation after the incident occurred. Local reports claim that the stone was likely a piece broken off from a gargoyle head. The church was designated as a National Historic Landmark in 2013 and was first built in 1874. According to the Chicago Sun-Times, the building failed inspections twice during 2011, and once each in 2010, 2009 and 2007.

The church had passed its latest building inspection during March 2013. However, records from 2010 cite the building for having fractures, flaking and washed-out mortar at several elevations on the outside walls. Her surviving relatives may benefit from seeking information about filing a claim in court. Legal counsel could investigate the incident in an effort to determine which party should be considered most liable for the falling stone.

Accident Attorneys with experience in premises liability matters could help people who have suffered injuries on another’s property due to the owner’s negligence. These victims may be due restitution to help account for medical expenses, loss of income and any other damages related to the incidents. These lawyers may also help victims evaluate the damages in order to calculate the appropriate amount of compensation to seek.

Source: The Huffington Post, “Woman Killed By Stone That Fell From Gargoyle On Historic Church“, Kim Bellware, September 04, 2014

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Premises Liability in New York City: Who is Responsible?

Responsibility concerning premises liability

Some New Yorkers may wonder what premises liability encompasses. Basically, it says that property owners and renters have a responsibility to keep their property safe for individuals to enter. If they do not, they may be considered negligent and held liable. While there are many variations of the law based partly on state specific statutes, there are certain aspects commonly held.

In order to apply the tenets of premises liability, several things must occur. There must be some form of negligence. The visitor must be what is described as an invitee or a licensee, and the person who may be liable must have ownership or resident status.

The individual who visits the property is labeled according to their reason for being there. An invitee has an invitation to enter the property, and a common example is a store customer. A licensee is on the property either for their own purposes or as a social guest. Trespassers are persons who have no right to be on the property. Neither licensees nor trespassers have the right to assume that care was taken to keep the property safe. The owner or occupant has the duty to warn of danger on the property particularly if children are involved.

Sometimes both the visitor and the owner are at fault. This is comparative fault or negligence. Both parties share in the burden since the visitor has a duty to himself to stay safe. This means that if the plaintiff did not exercise appropriate caution, the extent of their negligence will be subtracted from the amount of damages.

An attorney may provide insight and guidance to an individual involved in premises liability. By understanding their rights and proceeding accordingly, the individual may be able to seek compensation for injuries they may have suffered due to negligence.

Source: Findlaw, “Premises Liability: Who Is Responsible?“, September 04, 2014

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Statistical Details Regarding Slip-and-Fall Injury & Accidents

Statistics and other information about slip-and-fall accidents

Did you know that slips, trips and falls were responsible for more than 25,000 deaths in 2009? The older that someone gets, the higher the chance for an injurious slip-and-fall accident. In fact, for those 65 and over, there is a fatality rate that is four times greater than for those in other age groups.

While a slip, trip and fall accident can occur in any location, there are some places where these accidents are more common. These include:

  • Stairs
  • Ladders
  • Doorways
  • Ramps
  • Uneven surfaces
  • Hallways with clutter
  • High traffic areas

These include both residential and commercial properties. When someone suffers an injury because the property owner did not address unsafe issues that may lead to a slip, trip or fall, the owner may be held responsible for the injured party’s medical expenses, lost wages, pain and suffering and other damages.

Here are some tips to prevent slip-and-fall injuries in your home:

  • Keep phone and electrical cords out of the way of foot traffic.
  • Make sure any spill is cleaned up as soon as possible.
  • Repair damage to walkways and steps as soon as possible.
  • Keep stairs, hallways and other walkways free from clutter.

Falls are the number one cause of unintentional deaths in communities and homes. It’s important to prevent such occurrences on your own property, but property owners who do not do what is legally required to keep visitors, employees or customers safe can be held liable. An experienced premises liability attorney can provide more information on seeking compensation for your injuries.

Source: National Safety Council, “Slips, Trips and Falls,” Accessed on Aug. 12, 2014

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