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Month: April 2016

spin sections model shows damage from injuries

Banana Peel Challenge: Slip-and-Fall Accident Attorneys

Banana Peel Challenge illustrates dangers of slip-and-fall accidents

It’s meant to be a joke. A new craze taking over the Internet involves teens testing out just how slippery a banana peel can be. The answer: pretty darn slippery. Law school students throughout the country can agree with this sentiment as almost every student learns about slip-and-fall cases through the study of a classic case involving a banana peel and an unsuspecting patron at a train station. Unfortunately, the banana peel incident in this case does not end in laughter – and if teens aren’t careful with this new craze the currently popular #bananapeelchallenge could become a not so fun #traumaticbraininjury.

What makes a slip-and-fall accident dangerous?

These accidents are dangerous as they generally involve unsuspecting individuals. This unsuspecting person steps on something that is supposed to be safe and secure, but is not. As a result, balance is lost and the person takes a fall, potentially suffering from serious injuries. This can happen on a slick spot within a retail store, on stairs that do not have proper treading or when someone steps on a slippery object…like a banana peel.

Who is responsible for these accidents?

In the case of #bananapeelchallenge the responsible party is generally a teenager that just doesn’t know any better. However, this challenge does provide an opportunity to discuss actual slip-and-fall cases, which are no laughing matter. In these instances, property owners may be liable for the accident.

Property owners, including store owners, retailers and other business owners, are required to provide their patrons with a safe environment. If this is not done and a guest is injured, that customer may have the right to hold the property owner responsible for the accident through a personal injury suit. This could lead to compensation to help cover the costs associated with the accident.

Daniella Levi and Eli Levi discussing settlement for car accident case

Courts Increase Difficulty of Pursuing Government Negligence Cases

Courts set high bar for finding government negligence

There was a time when suing the government for injuries suffered due to slips, trips or falls in public areas was a non-starter. The theory of sovereign immunity made such claims nearly impossible to pursue. As we noted in a post last year, however, that changed with passage of the Federal Tort Claims Act.

That act makes it possible for government employees and agencies in New York and across the country to be held accountable for negligence that results in individuals being hurt. If the injury was due to a known hazard on a sidewalk or another public area, liability may attach. But not always, as a recent case out of New Jersey shows.

As reported by NJ1015.com, the case centers on a fall in 2011 in which a woman suffered injuries to a wrist and knee. The injuries were so severe that she required surgery and underwent six months of physical therapy.

According to court records, she was crossing a street from her parked car when she stumbled in a depression. The chasm ran the entire length of the block and was 28 inches long, 8 inches wide and at least 3 inches deep where the woman fell.

The record further shows that public works officials knew about the problem as far back as 2008. They also agreed at trial that it posed a threat to pedestrians. Still, the trial judge and an appeals court ruled against the woman in her quest for compensation.

Judges pointed to the fact that the woman had essentially jaywalked from her car as one reason for rejecting her claim. The implication was that she should have walked to a crosswalk before crossing the street.

Ultimately, the courts ruled that the road’s condition, while dangerous, didn’t rise to being “palpably unreasonable” because cars could drive on it safely.

It’s important to note that no two cases are alike and the outcome of one does not predict the outcome of another. A free consultation with experienced legal counsel is how to assess if you have a case.

lawyer and staff reviewing client case details

Re-Opening Queens Spa: Past Accident Legal & Safety Concerns

History at Queens spa raises question about safety

Spa Castle in Queens is reportedly open once again. The popular recreation facility in College Point shuttered its doors for a time last month under orders from the Health Department. That action followed the near drowning of a 6-year-old girl in one of the spa’s pools back in February.

According to officials, suction in the pool was so strong that the child got pulled under the water and was held there by her hair. Further, investigators said that surveillance video showing the incident also reveals that the security at the operation was lacking. Spa staff failed to take adequate measures to try to resuscitate the girl before she was hospitalized.

In ordering the spa closed, the Health Department said it found the facility to be in violation of safety standards. It said it would remain closed pending approval of a new safety plan by the city. A March 10 letter from the spa’s CEO says efforts were underway then to get most of the facility up and running again by the middle of last month.

This isn’t the first time concerns have been raised about safety at the facility. It reportedly has been cited before for having an out-of-date safety plan and failing to have adequate pool supervisors on staff.

Security is something commercial property owner owes to patrons. When that duty is not met due to negligence and events lead to a serious injury or death, a claim for negligent security might be justified.

If you have been the victim of suspected negligent security, you should take action to understand your rights and seek compensation if it’s appropriate. Initial consultation with an attorney doesn’t cost anything, so that need not be a concern.

For all correspondence, please use the Queens office address.

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