Phoenix Grocery Store Slip and Fall Lawyers
Slip, Trips, and Falls at a Supermarket
grocery store fall Slip and fall accidents are embarrassing, especially when they happen in front of a lot of people. Sometimes they’re your fault, but sometimes they aren’t, and that’s why it’s important to understand the difference between a run of the mill fall and an accident that could have been prevented. The grocery store is more dangerous than you think!
Accidental spills can make floors more slippery than usual
Broken glass has to be cleaned up immediately. If it isn’t, you can cut yourself
Low-resting, wooden pallets are easy to trip over because you just don’t notice them
Broken or damaged display corners can cut you or trip you up without warning
Believe us, at first every slip and fall victim thinks the exact same thing:
I’m such a klutz! I hope no one saw that…
A lot of times though, the victim didn’t fall because he or she was being clumsy, but because the grocery store was being negligent, and may not have even realized it. Unfortunately, even your grocery store can have “hidden in plain sight” dangers that pose a significant risk. Slippery floors from leaks and spills, obstructed aisles, and cumbersome floor mats are just some of the many dangers that you’ll face at the grocery store each time you visit.
While it’s the grocery store’s job to clean up messes and prevent accidents, the store’s employees don’t always notice EVERY injury-causing hazard. Regardless of whether or not they do notice though, it is STILL the responsibility of the grocery store to provide a safe and pleasant environment for shoppers. Failure to do so means THE STORE is responsible for your injuries, NOT YOU.
If you’re involved in a slip and fall accident, don’t just brush off your injuries, and be sure not to sign off on any paperwork from the grocery store that alleviates it from responsibility. Remember, the store’s employees want to make sure you’re okay, but the store as a company wants to make sure to protect itself from liability and legal action. Never sign any paperwork until you’ve carefully read it or had your attorney review it first.
What Boards Can Expect When Facing a Slip-and-Fall Lawsuit
Feb. 25, 2015 — In 2010, the board of the St. Tropez condominium at 340 East 64th Street in Manhattan held its annual meeting in an unfinished space. It may have saved on renting a hall, but it wasn’t the best choice the board made that year. The condo was later sued by a resident who had tripped over an unseen hole in the paper-covered bumpy floor. “A lot of annual meetings are held in gyms,” says attorney Adam Leitman Bailey, principal of his eponymous law firm. “Well, that gym is not there for an annual meeting.”
Oops. Oh! OWW!
It is easy for a board to find itself embroiled in a slip-and-fall lawsuit, “among the most common” type of suit cooperatives and condominiums face, according to Bailey. And though you may have taken every precaution and been as prudent as a schoolmarm, you could still face a payout simply because it’s cheaper than fighting a claim in court.
Patricia Batih knows. As vice president of sales at the insurance brokerage Mackoul & Associates, she’s seen it all. “They come up with a doctor’s note: ‘Oh, yes, they twisted their ankle and missed work.’ Somebody says they hurt their back; you can’t prove if they’re in pain or not. In some cases, it will cost more in defense costs than just to give them $10,000 and get rid of them.” Yet a “payout” could affect future premiums.
And you could lose. New York Labor Law Section 240 says if someone gets injured from a fall, the owner of the building is liable, even if the owner has not been negligent or is ignorant of negligence. “Let’s say I’m a shareholder having my apartment painted,” says attorney James Samson, a partner at Samson, Fink & Dubow. “I hire a contractor, he brings in painters. One of them falls off a ladder. His lawyer sues the cooperative, the managing agent, the shareholder, and the contractor. The contractor is covered under workers’ compensation. The shareholder says, ‘I hired the contractor, he’s supposed to have insurance, leave me alone.’ They get dismissed from the suit. But not the co-op and management. They’re both potentially liable under Section 240.”
Facing a Lawsuit
Yet despite all your efforts, sometimes a lawsuit is unavoidable. So what’s the process when your co-op or condo corporation gets sued? Generally, three steps:
The co-op or condo corporation is notified. When an alleged accident happens, if no one sees it or is aware of it, your property manager generally will receive the complaint in the mail.
The co-op/condo attorney and insurance broker are notified. This should be done immediately. The insurance broker will get the claim filed, says Batih. “Your broker should report it to both your liability carrier and your umbrella carrier” if they are different companies, she says. “If you only report it to your liability carrier, and the [injured party] dies eight months later, and the broker only notifies the umbrella carrier then, it could be declined for failure to file a claim in a timely fashion.”
The board stays out of it and refers any question or communication to its attorney and/or insurance broker. Once the complaint is in the hands of a manager, an insurance broker, and an attorney, there’s no reason for a board member to speak with the claimant or the claimant’s professionals. “You can open up your mouth, and a whole can of worms can come out,” Batih warns. “Just tell them, ‘Please contact our insurance agent or the adjuster or attorney’ and leave it at that.” Any correspondence a board member may get should be forwarded immediately to the manager and attorney.
Keep in mind that the insurance company may settle out of court if it believes it is cheaper than going to trial. “Under virtually every general liability policy, the carrier does not need the insured’s consent to offer a settlement,” Batih says. “The carrier has the right to say, ‘We’re paying the claim and closing the file.'” You may want to stand on principle and fight to the end. Don’t. The insurance company won’t be paying for it.
Caught on Video
Documentation is important. When the incident happens, instruct the building staff to get witnesses’ names and phone numbers so that the attorney and insurance company can contact them for their statements.
In the end, prevention and documentation — particularly video footage — are the best ways to mitigate slip-and-fall suits. “If you lived in a house, you would do everything so that somebody would not trip and fall,” Fischer says. “A board member should look at the cooperative or condominium the same way.”
Concludes Bailey: “New York City recognizes that people walking by may slip and fall. The thing is whether you’ve been negligent. If you did everything you’re supposed to do and someone slips and falls, that’s just an accident and not negligence, which is the standard required for the co-op or condo to lose the lawsuit.”
Slip and Fall, Trip and Fall Lawsuits Prevalent No Matter the Season | PRNewswire
NEW YORK, March 24, 2015 /PRNewswire/ — Although the colder weather and icy conditions are beginning to subside with the onset of spring, there are still cases of slip and fall, or trip and fall lawsuits against property owners who don’t take the necessary precautions to prevent injury to the public.
Slip and fall injuries occur both inside and outside of buildings as a result of a variety of issues, including uneven steps, broken tiles, cracked sidewalks, wet floors, torn carpeting, poor lighting and other parking lot defects. If pedestrians slip and fall or trip and fall on someone else’s property, whether it is a commercial, residential or public property, it could be the fault of the property owner or municipality. Under the law property or building owners have a certain responsibility to make sure their premises are safe.
Often following a premise accident the only course of action to seek reimbursement for medical treatment and pain and suffering is filing a lawsuit. Individuals that are parties to a premises lawsuit often spend years going through the court system. During this time bills begin to pile up. That’s where a resource like Pegasus Legal Funding, LLC (Pegasus) can help. The lawsuit settlement funding company can provide financial assistance to victims as they await resolution of their case. Whether it is covering the cost of related medical expenses or providing funds to help make ends meet for day-to-day expenses.
“Slip and fall accidents are doubly painful for victims because not only do they suffer from the physical effects after the fall, but also from the emotional distress that can accompany being injured, unable to work and falling behind on bills, ” said James Sheridan of Pegasus. “Our goal is to help ease some of the financial burden for victims and their families.”
If you, or a family member have been a victim of a slip and fall accident and need lawsuit settlement funding you may apply right now to: http://www.mylawfunds.com/contact-us.html. As a direct funding company, Pegasus Legal Funding is in a unique position to provide assistance to you or your loved one’s who may be involved in a lawsuit related to a slip and fall/trip and fall. Pegasus Funding does not offer a “lawsuit loan,” lawsuit loans, pre-settlement loans, or a pre-settlement loan; however, we offer non-recourse lawsuit cash advances. To learn more about this please visit our website. If you prefer to speak to a live representative confidentially and professionally about your specific case and funding needs you may call Pegasus’ toll free hotline at 855-FUND-YOU/855-386-3968.
Logo – http://photos.prnewswire.com/prnh/20140123/NY51061LOGO
SOURCE Pegasus Legal Funding
Lawsuit filed over Waterford man’s death caused by slip-and-fall in Tim Hortons parking lot
The wife of a Waterford man who died after slipping and falling in a Tim Hortons parking lot last year has filed a lawsuit against the coffee company.
Robin Owens filed suit this month on behalf of her late husband, Kenneth.
A spokesman for Tim Hortons said the company does not comment on pending litigation.
Kenneth Owens, 72, was leaving a Tim Hortons in Pontiac around 7:30 a.m. Jan. 20, 2014 when he slipped on an icy patch near his vehicle and fell. He suffered a subdural hemorrhage and died nine days later of complications from the injury, the lawsuit states.
The lawsuit did not disclose which Tim Hortons location the incident occurred at.
Owens had parked in a marked parking spot that was on an incline.
“The design of the parking lot created an unnatural stream of water … due to the drainage system which had frozen while (Owens) was patronizing the establishment,” the lawsuit states.
“The design of the parking lot was unreasonably dangerous. (Tim Hortons) failed to warn (Owens) of this danger in any way.”
The temperature ranged between nine and 29 degrees that day.
Owens, who wore a leg brace due to a pre-existing condition, had visited the business several times and, that morning, was socializing with friends, “as was his custom,” the lawsuit states.
Tim Hortons had a duty to “reasonably design and build the parking lot to prevent the pooling of water and in areas of inclination which could freeze without any warning to patrons already inside the establishment,” the lawsuit states.
The store also should have used reasonable care to make common areas reasonably safe and warned patrons of unreasonably dangerous conditions, according to the lawsuit.
“The condition or hazard was effectively unavoidable,” the lawsuit states.
“The condition was not open or obvious.”
Robin Owens seeks an amount in excess of $25,000, as well as costs and fees.
The case has been assigned to Oakland County Chief Circuit Judge Nanci Grant.
Court: Don’t Blame High Heels For Slip & Fall
TALLAHASSEE (CBSMiami/NSF) – A state appeals court Friday overturned a circuit judge’s ruling that a woman was partially negligent in a slip-and-fall accident because she was wearing high-heeled shoes.
The decision by the 5th District Court of Appeal came in a St. Johns County case that stemmed from injuries suffered by Jennifer Bongiorno, who fell on a slippery bathroom floor at an office building where she worked. Bongiorno, who filed a lawsuit against the property owner, Americorp, Inc., was wearing 4-to-5 inch heels at the time of the accident.
A circuit judge ruled that Americorp and Bongiorno were each 50 percent negligent for the injuries, with the company pointing in part to evidence that a co-worker was able to avoid falling on the bathroom floor because she was wearing “safer footwear,” according to Friday’s decision.
A three-judge panel of the appeals court, however, rejected the circuit judge’s conclusion and sent the case back with instructions for a judgment in favor of Bongiorno.
“Americorp failed to sustain its burden of proving that Bongiorno created a foreseeable zone of risk by wearing high-heeled shoes to work and, therefore, the trial court erred in finding her comparatively negligent for her injuries,” said the decision, written by appeals-court Judge William Palmer and joined by judges Thomas Sawaya and Wendy Berger.
The News Service of Florida contributed to this report.
Customer blames Jimmy’s on the Pier for injuries in fall | SE Texas Record
A Galveston County customer has sued a restaurant and its individual owners, alleging negligence in a slip and fall accident.
Sarah Black filed a lawsuit April 30 in Galveston County District Court against James and Kelly McClure, doing business as Jimmy’s on the Pier, of Galveston, alleging personal injuries and premises liability.
According to the complaint, Black’s fall resulted from the presence of liquids on the floor of the defendants’ premises.
The suit says the defendants knew of and failed to correct a dangerous condition on their property. Black cites the business and its owners with liability in: failing to exercise ordinary care in attending to the floor surface; specifically, in failing to properly maintain, inspect, correct and provide warnings about the hazard.
The plaintiff cites: physical pain, suffering and impairment; mental anguish; loss of earnings and earning capacity; and loss of household services.
Black seeks: compensation in excess of $1 million; pre- and post-judgment interest; attorney fees; expenses; and costs.
She is represented by attorney Christopher Bertini of Bertini Law Firm in Galveston.
Galveston County District Court case number: CV-0074162.
COST OF FALLS AMONG OLDER ADULTS
In 2012, the direct medical costs of older adult falls, adjusted for inflation, were $30 billion.1 With the population aging, both the number of falls and the costs to treat fall injuries are likely to increase.
How big is the problem?
· One in three adults aged 65 and older falls each year.2 Of those who fall, 20% to 30% suffer moderate to severe injuries that make it hard for them to get around or live independently, and increase their risk of early death.3
· Older adults are hospitalized for fall-related injuries five times more often than they are for injuries from other causes.4
· In 2012, emergency departments treated 2.4 million nonfatal fall injuries among older adults; more than 722,000 of these patients had to be hospitalized.5
How are costs calculated?
The costs of fall-related injuries are often shown in terms of direct costs.
· Direct costs are what patients and insurance companies pay for treating fall-related injuries. These costs include fees for hospital and nursing home care, doctors and other professional services, rehabilitation, community-based services, use of medical equipment, prescription drugs, changes made to the home, and insurance processing.
· Direct costs do not account for the long-term effects of these injuries such as disability, dependence on others, lost time from work and household duties, and reduced quality of life.
How costly are fall-related injuries among older adults?
· In 2012, the total direct medical costs of fall injuries for people 65 and older, adjusted for inflation, was $30 billion.1
· By 2020, the annual direct and indirect cost of fall injuries is expected to reach $67.7 billion (in 2012 dollars).6
· Among community-dwelling older adults, fall-related injury is one of the 20 most expensive medical conditions.7
· In 2002, about 22% of community-dwelling seniors reported having fallen in the previous year. Medicare costs per fall averaged between $13,797 and $20,450 (in 2012 dollars).8
· Among community-dwelling seniors treated for fall injuries, 65% of direct medical costs were for inpatient hospitalizations; 10% each for medical office visits and home health care, 8% for hospital outpatient visits, 7% for emergency room visits, and 1% each for prescription drugs and dental visits. About 78% of these costs were reimbursed by Medicare.9
· In a 1998 study of people age 72 and older, the average health care cost of a fall injury totaled $19,440, which included hospital, nursing home, emergency room, and home health care, but not doctors’ services.10
How do these costs break down?
Age and sex
· The costs of fall injuries increase rapidly with age.1
· Costs of both fatal and nonfatal falls are higher for women than for men.1
· In 2000, medical costs for women, who comprised 58% of older adults, were two to three times higher than the costs for men.1
Type of injury and treatment setting
· In 2000, 78% of fall deaths, and 79% of total costs, were due to traumatic brain injuries (TBI) and injuries to the lower extremities.1
· Injuries to internal organs were responsible for 28% of fall deaths and accounted for 29% of costs.6
· Fractures were both the most common and most costly nonfatal injuries. Just over one-third of nonfatal injuries were fractures, but these accounted for 61% of total nonfatal costs—or $18.8 billion (in 2012 dollars).1
· Hospitalizations accounted for nearly two-thirds of the costs of nonfatal fall injuries and emergency department treatment accounted for 20%.1
· On average, the hospitalization cost for a fall injury is $34,294 (in 2012 dollars).11
· Hip fractures are the most serious and costly fall-related fracture. Hospitalization costs account for 44% of the direct medical costs for hip fractures.12
Customer blames Jimmy’s on the Pier for injuries in fall
May 8, 2015 12:19 PM
By CAROL OSTROW
Caution_slipperyA Galveston County customer has sued a restaurant and its individual owners, alleging negligence in a slip and fall accident.
Slip and Fall Fatalities Climb Amid Manufacturing Resurgence | ThomasNet News
On 21 Nov, 2014
American manufacturers are often shocked to learn the true cost of slip and fall accidents. The Liberty Mutual Institute for Safety estimated that American businesses lost over $15 billion to workplace slips, trips, and falls in 2012 alone. That estimate reflects the most recently available data from worker’s compensation claims, the U.S. Bureau of Labor Statistics, and the National Academy of Social Insurance.
As an aging population rises, the more falls they have | HT Health
On 18 Nov, 2014
As the population ages and people live longer in bad shape, the number of older Americans who fall and suffer serious, even fatal, injuries is soaring. So the retirement communities, assisted living facilities and nursing homes where millions of Americans live are trying to balance safety and their residents’ desire to live as they choose.
Identifying Same-Level Slip and Fall Hazards in the Workplace | Occupational Health & Safety
20141101 Same Level Slips
Although slips, trips, and falls to the same level are the second-leading cause of workers’ compensation claims and lost work-time injuries (sprains and strains are number one), much of what happens with floor safety programs in the workplace is still very reactive.
Man sues Price Chopper for fall | The Leader~Herald
On 12 Oct, 2014
A Montgomery County man is suing the Price Chopper grocery chain for a slip-and-fall incident that allegedly occurred at one of its Albany County stores.
Newly Renovated Aquatic Center Shutdown After Slip & Fall | CBS Dallas / Fort Worth
On 9 Oct, 2014
Plano Aquatic Center
A fall and possible knee replacement has left a city aquatic center shut down indefinitely. The City paid about $5 million to completely renovate the Plano Aquatic Center. Now, less than two years later, it’s closed until the city can be sure it’s safe.
Slips and trips can lead to falls and injuries | Sarasota County News
On 19 Mar, 2013 By Safe Floors Newsroom
Most falls are a result of slips and trips occurring at ground level or less than 10 feet above the ground, according to the Sarasota County Fire Department. “Slips and…
Covina woman awarded $415,000 following slip and fall at Costco | Pasadena Star-News
On 6 Mar, 2012 By Safe Floors Newsroom
A jury Tuesday awarded a Covina woman who slipped and fell at an Industry Costco store, shattering her kneecap, more than $400,000, the woman’s attorney said. Monika Leiterman, 58, was…
Wal-Mart loses $1M local slip-and-fall case | Jacksonville Business Journal
On 27 Jan, 2012 By Safe Floors Newsroom
Law experts say the case is unusual in that the plaintiff beat the retailing giant in court, and for the size of the jury award. On the day of the…
Cup of Woe: Starbucks Ordered to Pay $7.5M | NBC 7 San Diego
On 24 Dec, 2011 By Safe Floors Newsroom
A San Diego jury awarded a man and his wife nearly $7.5 million Friday in their civil suit against Starbucks after the man fell inside a North County business in…
Kmart sued for $900,000 after shopper slips in water | The Louisiana Record
On 12 Sep, 2011 By Safe Floors Newsroom
A St. Tammany Parish woman is suing Kmart for more than $900,000 after she slipped in water and fell. She states she slipped and fell because of a substantial quantity…
A slip and fall costs Onondaga County $75,000 | syracuse.com
On 8 Dec, 2010 By Safe Floors Newsroom
Onondaga County has agreed to pay a Cicero woman $75,000 to settle a lawsuit over injuries she sustained when she fell on the county-owned plaza outside the Everson Museuem of…
Woman Awarded $12.2 Million In Slip-and-fall Case | Daily Press
On 2 May, 2007 By Safe Floors Newsroom
In August 2003, Annette Ritzmann was walking into what was then a Miller Mart to buy a newspaper and pay for gas when she slipped on a small puddle caused…
Preventing Slip and Fall accidents throughout Arizona by providing nonslip floor & bathtub treatments.