May 13, 2008

Sidewalk Lawsuits Shed Light on Unsafe Conditions, Including Unsafe Renovations

Many people have heard of the requirements that the Americans with Disabilities Act (ADA) places on public sidewalks. Sidewalks must be accessible and easy to use for people in wheelchairs and other mobility devices. However, renovations and compliance can be done improperly, creating risks in the face of improvement. Sidewalks that are too steep, poorly graded, contain broken concrete, holes, craters and potholes can be extremely dangerous to pedestrians on foot and in mobility aides. Sidewalk injuries, sidewalk slip and fall injuries, and other accidents may be the responsibility of the local entity that supervises sidewalks.

Read more here.

January 14, 2008

Slip and fall accidents cause 16,000 deaths each year, many instances involving premises liability

Slip and fall accidents kill over 16,000 Americans each year, 11,000 of which are elderly people 75-years and older. Falls involving elderly people are much more dangerous. There are many ways to minimize the risks of serious slips and falls. Individuals must consider the materials and textures of their shoe bottoms as well as pedestrian walking gait. Businesses and property owners, however, also have a responsibility to ensure safety against slips and falls. Premises liability is one of the major factors in many of these injuries and deaths. It is easy for businesses to control floor maintenance and condidtions, but most falls leading to injury are caused by slips on a wet area. In instances like these, it is the land owner's responsibility to ensure the safety of floor surfaces.

July 7, 2007

Jury awards $942,000 for slip and fall outside motel

A Nebraska jury recently awarded nearly one million dollars in a personal injury suit to a train conductor who slipped and fell on ice outside an Iowa motel. Witnesses state that a light was burnt out, so the conductor could not see when he fell on the ice that should have been cleared by the motel. The 56 year old conductor, who earned approximately $90,000 per year, suffered knee injuries that could effectively end his career.

Notably, the personal injury verdict is against the train company that employed the conductor. The conductor was staying at the motel on an overnight layover before a return westbound trip scheduled for the next day. Because he was at the motel for work, the conductor filed suit under the Federal Employers Liability Act, which covers railroad employees and requires that train companies provide safe conditions for employees to stay.

Click here for the full article

June 11, 2007

Tort reformer seeks over $1 million in personal injury lawsuit

Former Supreme Court nominee Robert Bork has filed a slip and fall lawsuit against the Yale Club in New York City after he tripped while stepping up on a platform to deliver a speech. After the spill, Bork successfully reached the podium and delivered his speech. The personal injury lawsuit has asked for an excess of $1 million in actual damages, not including the punitive damages Bork is seeking as well. Bork suffered from a leg injury that eventually required surgery. Bork, an 80-year-old conservative scholar, has written numerous times that Congress should enact some sort of “tort reform” to protect business interests. The irony of a tort reformer utilizing the system he is known to speak against indicates that even those who argue against the civil justice system cannot ignore the fact that it is the best available approach to fairly compensate those that have been wrongfully injured or killed.

Click here to read the complaint
Click here for the New York Times article
Click here for the tortdeform.com editorial

May 31, 2007

Slip and fall accident at Wal-mart; Personal injury lawsuit filed

A woman who slipped in a puddle of vomit is suing Wal-mart for negligence. Due to the slip and fall accident, the woman sustained serious injuries to her neck and upper back, which resulted in multiple surgeries and the inability to work.

Click here for the full article