While browsing at the aisle, he stepped on a Gatorade sign that fell from the display. He had a violent fall that tore a tendon in his right bicep. The victim had to undergo three surgeries and was given a tendon tissue taken from a cadaver which was inserted in his arm.

The condition caused a development of a popeye deformity causing abnormal bulges on his arm.

With his legal counsel, he filed a lawsuit against this retail giant for being negligent in not attaching the Gatorade sign securely.

In return, Wal-Mart blamed the bottlers of Gatorade for providing low-quality plastic screws.

During the trial, plaintiff’s lawyer called on a Gatorade representative who said that if Wal-Mart staff had only placed the signs properly, it would not have come loose. In other words, it was the responsibility of Wal-Mart to have store signs to be securely screwed.

Surveillance cameras captured Papakalodoukas while he slipped and Wal-Mart employees throwing away the sign.

According to plaintiff’s attorney, her client has not been able to go back to work as a manager of a beverage company. He was also suffering from anxiety, depression and fear for his health and future security. Talking about finances, his surgeries amounted to over $200,000.

The all-female jury commiserated the plight of the victim and eased his anxieties by a verdict of $1.3 million. The jury placed 90 % of the blame to Wal-Mart.

Smiling lawyer of Papakalodoukas said that the jury included the existing and future medical expenses and lost wages when they decided on the amount of the verdict.

On January 30, a man from New Jersey sued a hotel in New Orleans after a slip when he was guest in the hotel on that occasion.

The plaintiff was identified as Albert Ripp who filed a suit against one of the downtown hotels, called The Hampton Inn. Aside from the suit against The Hampton Inn, the other defendants were the inn’s manager and insurer of the hotel. The lawsuit was filed in the District Parish Civil Court of the city.

The plaintiff was a guest on the top floor of the hotel on Nov. 25, 2011 when the accident occurred. Ripp stated that he slipped and fell in a puddle of water leaking from the roof of the building. Due to the fall, he sustained injuries.

The fall could not have been prevented if the hotel looked after the maintenance of its premises properly. The negligence portion enumerated the following: failure to provide proper drainage; allowing the hotel to fall into ruin; failure to abide by building’s safety codes, negligence in not providing safe area for guests, not giving warnings in dangerous areas and failure to repair the building.

A total amount of $75,000 in damages was claimed as compensation for severe injury of the head, mental anguish, suffering pain, incurring huge medical expenses, loss of the ability to enjoy life, residual disability and loss of future income.

.Division L Judge Kern A. Reese will be handling the case.

At long last, on January 30, Property Assessor of Roane County, David Morgan, was finally able to settle a slip-and-fall lawsuit he filed against a Center Far, Village.

In 2006, he filed a suit against the Center Farm Villages of L.P., where he alleged their responsibility for an ankle injury he suffered.

The case was scheduled for a trial on January 24 at the Roane County Circuit Court but it was settled a day ahead.

No results were made public but some insiders said that Morgan was made to pay the amount of $7 for court costs.

In the lawsuit filed by Morgan, he alleged that the village was responsible for his fall from a curb when he took out the garbage one night as the street lights were not working.

If you or a loved one has suffered due to negligence you may wish to consult with experienced Injury Lawyers. You may be entitled to compensation for your injuries. Please note strict deadline apply and it is in your best interest to contact an attorney immediately.

Source: JD Supra Com

(http://www.jdsupra.com/legalnews/walmart-customer-falls-on-gatorade-sign-87718/)

Source: Louisiana Record Com

(http://louisianarecord.com/news/248780-man-sues-new-orleans-hotel-over-slip-and-fall)

Source: Roane County Com

(http://www.roanecounty.com/content/morgan-slip-fall-lawsuit-settled)

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According to a complaint filed on January 11, 20122 at the Putnam Circuit Court, a patient  identified as Ruby Shumate was admitted to CAMC Teays Valley complaining of difficulty of breathing and was confined for treatment for chronic obstructive pulmonary disease.

During Shumate’s admission in the facility, her companion Phyllis D. Lester claimed that the patient slipped and fell that resulted to a fracture on the patient’s left ankle. The plaintiff blamed the hospital for negligence and carelessness

The defendant stated that due to the neglect and lack of concern for its premises, Shumate was subject to additional harm and injury.

Lester claimed that the hospital had a duty to provide considerable care and safety in addition to their service to admitted patience as Shumate. CAMC Teays Valley was not showing responsibility for the safety and care of patients when Shumate was injured in a fall in their premise.

Lester blamed CAMC for failure to guarantee an environment which is free of any kind of accidents, risks and for non-compliance of providing its staff training in the adequate supervision and assistance to prevent people, especially patients to fall and get injured.

According to the suit, the defendant failed to monitor closely the condition of Shumate and to provide an alarm on bed for safety measure, Lester is asking compensation for damages. She had hired the service of a slip-and-fall injury lawyer while the case is under the helm of Circuit Judge Phillip Stowers.

CAMC Teays Valley Hospital, located in WV Hurricane, is non-profit hospital with occupancy of 70-beds and maintains more than 100 doctors. Aside from the physicians, it has 400 nurses and clinical staff. CAMC looks after the medical needs of Putnam County and neighboring areas.

Last week of December, a woman from St. Alban filed a suit against KC Properties, LLC, after she suffered a slip-and-fall injury because of their carelessness in providing safe walkways on their property.

Named defendant of the suit is Kevin L. Childers, who is considered as an individual, owner, manager, agent, servant and/or employee of KC Properties, LLC.

According to a complaint filed Dec. 11 in Kanawha Circuit Court, before Dec. 13, 2010, the defendants had some earth removed near a sidewalk to even the ground at a rental unit of St. Alban. Due to neglect, they did not fill the area back in with dirt and did not post signs or barriers giving warning of the danger.

Loretta Jean Sanson claims on Dec. 13, 2010, there was ice and snow all over the property where she slipped and fell. She could have been spared the injury, if the defendant was responsible enough to post warning signs of the presence of danger.

Sanson claimed that she slipped and fell on the ground and sustained severely and permanently injuries and incurred medical expenses which are all caused by neglect. As a result of the fall, she endured physical and mental anguish, losing the capacity to enjoy life to the fullest, lost wages and the ability to earn a livelihood and suffered other impairments and disabilities.

.She is confident that her slip-=and-fall legal counsel will be able to convince the court that she deserved the compensation she claimed. The case will be handled by Circuit Judge Louis H. Bloom.

Records showed that KC Properties LLC is not accredited by the BBB.

If you or a loved has suffered due to negligence you may wish to consult with experienced Injury Lawyers. You may be entitled to compensation for your injuries. Please note strict deadline and apply for it is in your best interest to contact an attorney immediately

Sources: WV Record Com (http://wvrecord.com/news/257410-woman-sues-camc-teays-valley-for-injuries)

(http://wvrecord.com/news/256414-st-albans-woman-sues-kc-properties-over-alleged-fall)

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Sidewalks and curbs are generally maintained by and within the control of local governments, and making a legal claim against the local authority can be much more difficult than suing an individual or a business.  There may be alternative deadlines within which a claim must be filed, or a different procedure to be followed in order to ensure a claim can be heard.  Otherwise, local governments may be held harmless and you may lose a claim for your injury.

An attorney experienced with litigation against the government can help you avoid the numerous obstacles and pitfalls you will likely encounter.  Do not hesitate to contact our office to discuss how we can help enforce your legal rights. Call Us immediately for a FREE consultation to discuss your case and your rights.

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If you are injured as a result of a slip and fall accident, you may have a legal claim.  Owners of property are responsible for keeping their public areas safe, not only to keep their customers happy, but also free from harm.   Once a business opens its doors to customers, the owner ensures that the public will be safe when they enter.

Anywhere you go there may be hidden, dangerous conditions that may cause you to fall. A slip and fall can be triggered by a wet floor, a slippery substance that hasn’t been removed, or a torn carpet that has formed a walking hazard.    All are likely to cause someone to slip and be injured inside a building.

But when does a business owner become legally responsible for injuries to a customer from a slip and fall accident? There is never one answer to this question, and the outcomes are always determined on a case by case basis.  This is exactly why you should not hesitate to contact our office to discuss your legal rights and if you are entitled to compensation.

Some helpful tips in determining whether you have a case for you injury:

• Did you fall because the floor was in a wet or slippery condition?
• Were there any warning or wet floor signs in the area?
• Was the area where your accident occurred poorly maintained?
• Was the owner or employee of the premises aware of the condition and capable of fixing the problem before your accident?

If you answered yes to any of these questions, do not hesitate to contact our office to discuss how we can help enforce your legal rights. Call Us immediately for a FREE consultation to discuss your case and your rights.

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McSwain-Lockett immediately alerted emergency responders and they carried out McSwain from between the third and fourth floors on a stretcher. His daughter said the spinal cord of her 77-year-old father had been severed in the fall and his head had hit the concrete.

McSwain was a U.S. Army veteran who had worked for 23 years as a custodian at the city Police Academy.  After several days of treatment in the Jamaica Hospital, McSwain died. He was the 11th person in Queens whose death is attributed to the storm and his death brought the city’s total to 43, police said.

His family is now complaining that the New York City Housing Authority, which oversees the Hammels Houses in central Rockaway, had not properly secured the stairwells. The NYCHA declined to comment regarding the complaint.

McSwain-Lockett stated that the Housing Authority must have expected that under water condition, they are supposed to put out cones. They could have barricaded these doors and not allowed their tenants to leave the complex.

Relatives recalled that the deceased, McSwain was healthy, sturdy and having a big appetite for life. His daughter bought him a cake for his birthday last month, and McSwain left the bakery box string on top of the TV to show that he had finished the whole treat himself.

McSwain-Lockett said she had moved back to stay with her father after she was displaced from her home in Jamaica following Tropical Storm Irene and she admired his generosity. She recalled that her father never turned his back to help total strangers coming to his door.

The vet was a father of five, grandfather of 13 and great-grandfather of 10. McSwain was originally from Alabama but he moved to New York after serving in the Korean War. He was able to beat throat cancer way back in 1989, his daughter said.

A service was scheduled for Thursday between 3 p.m. and 5 p.m. at Deliverance Baptist Church, at 227-11 Linden Blvd. in Cambria Heights, with a funeral to follow at the same location between 5 p.m. and 7 p.m.

Link – http://www.timesledger.com/stories/2012/46/hammelsdeath__all_2012_11_15_q.html

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Wal-mart had appealed the award for 41-year-old Holly Averyt of Cheyenne that was awarded by a jury last year. The original amount awarded by the jury awarded was $15 million, but the amount was reduced because of a state cap on non-economic damages.

The Colorado Supreme Court on Monday overturned a ruling granting Wal-mart a new trial. …

Legal counsel for Averyt presented city documents showing that some grease from the store’s deli didn’t get trapped in a device designed to keep it from getting into the sewer. He argued that the overflow caused a 185-foot slick of grease into the parking lot and the truck ramp area, which accumulated for seven days.

The lawyer argued that since the December 2007 accident, Averyt had to undergo three spine surgeries — one on her neck and two on her back. He told the Greeley Tribune newspaper that Averyt was unable to return to work, had the truck she lived in repossessed and incurred about $500,000 in medical bills.

Link – http://times247.com/articles/colo-supreme-court-upholds-10-million-award-in-slip-and-fall#ixzz2CoFQSLha

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The most common reaction would be for the person to pick himself up feeling fine; but there is also the great possibility that the slip and fall was not as simple as it appeared. The slip-fall injury has resulted into some serious pain. The accident will not only ruin your party but you are also liable for your guest’s injuries.

To be forewarned is to be forearmed. Avoid this scenario to happen especially during holidays or at any time. Here are some simple safety precautions you can take to ensure that everyone gets to and from your party in one piece:

1. Discover all potential indoor hazards. As a property owner, you have the responsibility to safeguard the people you invited to your home. It is your duty to apply ordinary care in keeping your premises safe at all times. Be cautious of the safety inside your home. Identify loose stairs and dangerously broken appliance that might cause injury. As soon as you view any danger, immediately rectify the problem. But if pressed for time during a party, you can warn your guests as they arrive.

2. Identify any potential outdoor hazards. Your property includes both the interior and exterior of your home; as the yard and driveway. Always keep the driveway and walkway to your door clear and free of any dangers or obstructions. You have to take double efforts during the winter season, especially when you’re expecting guests. Safety measures simple consist of shoveling after snow and sprinkling walking surfaces with salt. These remedies will minimize the risk that someone will fall and end up injured.

3. Just in case of accident; be prepared for potential legal consequences. If a guest or even a close friend ends up hurt on your property, you may find yourself in some legal trouble. Even if your friend or the victim does not want to make a fuss, the insurance company often when a claim is made.

If you believe that the fault is not your own making, don’t give in to whatever the insurance reps ask you to pay up. Contact a legal personnel and fight back; depending on the circumstances, perhaps it will be the insurance company to foot the bill for your guest’s injuries and not you.

So before planning that holiday party, be sure you have made a thorough pre-party premises inspections. Include this as number one in your to-do list. Yes, it surely is extra effort to tidy and make you place safe and sound but it’s better than facing a potential slip-fall lawsuit.

Link – http://blogs.findlaw.com/injured/2012/11/slippery-walkway-can-ruin-your-holiday-party.html

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One type of fall is the foot-level fall where the person falls to the same level on which he or she was walking or standing. Two kinds of hazards account for more than 90 % of all foot-level falls, they are: slipping hazards and tripping hazards. A person may slip on oily or wet surfaces and fall or a person could trip and fall over some obstacle placed on a floor surface.

These are some of the causes why people slip and fall:

1.The traction between footwear and floor surface is gone or reduced due to the presence of water, oil, grease, sand, mud, ice and other substances;

1. Traction robbing substances on the floor surface, such as water, oil, grease, sand, mud, ice and other substances.

2. The material of the floor has little or no traction, such as metal floor worn smooth from abrasive traffic, or smooth finished concrete;

3. Absence of traction associated with the type of shoes, such as hard leather heels, metal heel plates, and worn heels, slippery substances on soles or heels; and

4. A common cause is that the individual is inattentive where he or she is going. In other words, it is the absence of attention.

Considering these factors, one is able to recognize some hazards so that prevention techniques can be adopted such as inspecting walkways and floor surfaces regularly. Look out for the presence of drips or spills from oil, grease, liquids, water and slippery granular material. In case of the presence of any hazard, promptly remove or correct since any delay exposes people to danger. If possible, use only non-skip flooring. Aside from non-skid flooring have these areas clean frequently.

In a construction site, everyone has the responsibility to clean up spills as they occur. Spills are hazards so when they are found, clean it up immediately.

In jobsites, there will always be dangerous; some locations are prone to slipping hazards as these are places where oil, grease and other materials are likely to accumulate.

All personnel are obliged to report hazards to their supervisor, if one cannot do the job immediately. Wearing the right kind of footwear is one way to prevent an injury. Placing metal heel plates on heels of shoes and boots are dangerous when walking on rigid surfaces, such as wood or metal.

All walkways and other frequently used floor areas must be well-lighted. Replace any burnt out bulbs as visibility is an important measure in safety. Any kind of tripping hazards pose special problems. Take away objects on floors that present an obstacle to foot movement such as cables, ropes, tools, boxes, lumber, legs of equipment, and faulty flooring. The presence of these obstacles is a sign of poor housekeeping.

Adopt these tips to help prevent tripping hazards -

1. Provide adequate storage facilities to store items so they will not be scattered around, or stored improperly. Poor housekeeping is an indicator that tripping hazards will likely happen;

2. Improve housekeeping by cleaning properly and proper maintenance of equipment;

3. Keep cables, hoses, ropes and wires overhead instead of along the floor. Any items set on the floor, must be straight, flat and shielded or easily identified. Also use portable warning signs and blinker lights to attract attention to such tripping hazards.

4. Frequently inspect floor surfaces to include regular daily inspections of walkways and working areas.  Then correcting any deficiencies found during these inspections.

5. The sign of good housekeeping is a proper place for everything, such as tools, materials, portable equipment, waste, scrap and seeing to it that everything is kept in its proper place when not in use.

To reduce tripping hazards it is a rule that everyone must watch out for their steps. Although you are busy but you can always take time to watch out for yourself as no one can do it for you. Pay attention to surfaces that are un-level, holes, lumber, cables, cords and other hazards and take the necessary action to prevent a trip and fall.

Working above ground or floor level and working at or around ground or floor openings are the two most common situations involved. Working above ground could be a person overextending his reach on a ladder, causing the ladder to kick out sideways, causing a fall to the ground. Working at or around ground or floor openings could be a person falling down an elevator shaft or falling through a floor opening.

Proper procedures and caution when you’re working on ladders, platforms, scaffolding or on permanent structures –

1. Be sure the equipment that you are using is erected safely. For instance, ladders should be at the proper angle, with firm footing;

2. Avoid using defective equipment as ladders, structural members of wooden staging and etc. Inspect before you use the equipment;

3. Use only scaffolds that have guardrails to prevent falls;

4. Always be careful while at work as there may be tripping or slipping hazards on structures or flooring surfaces;

5. Safety belts or nets are best measures when working above ground, when not protected from falls by the use of guardrails; and

6. Place a guard on openings or a barricade where necessary to keep persons from falling through the opening. Place warning devices, such as signs or lights.

Experts have introduced hundreds of techniques, rules and procedures to reduce incidence of slips, trips and falls, but none of these are effective if each individual would not be wary of watching out for hazards and avoiding them. No slip, trip and fall will ever happen if you are careful; pay attention to where you are walking; exercise caution around floor openings;  maintain good housekeeping on the jobsite; and keep tools and equipment out of the way. If you utilize safe, serviceable equipment, such as ladders and scaffolding, and you position the ladders and scaffolding properly….there’s no slip, trip and fall.

Every individual is responsible for every one’s safety. The best equipment might be available but if each person doesn’t care for safety, then it is not any good. Consider the importance of safety of each person involved in the job. It is an essential for your welfare, the company and your family.

Link – http://www.workplacesafetyinstitute.com/Safety_articles/slips_trips_falls_in_construction.html

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As often happening in cartoons and comic movies, a banana peel is not the only cause for slip and falls. And while the results may produce a few laughs in movie houses, slip and falls are not laughing matters. Other causes of falls aside from a banana peels are: unsafe chairs, moving too fast, obstructed aisles, bad lightning and improper shoes.

In fact, some estimates put the number of disabling injuries resulting from falls at over 30,000 per year. The number of fatalities is close to 12,000 a year. And according to statistics, is that one of every ten deaths occurs in the workplace.

You can greatly reduce slip, trip and fall accidents by remember this rule: watch where you are going. Walking is considered as such a common activity that people are no longer conscious of potential hazards along the way. Pay attention to the more common fall hazards cited by the National Safety Council like: hidden steps; loose, irregular surfaces; smooth surfaces; wet spots; and oil & grease.

Accidental deaths are attributed to falls rank second only to motor vehicle accidents. The number of moralities is consistent across industries, gender lines and age. The only exception is that among the elderly the number of fall related deaths are even higher.

Preventing slips and falls must be a team effort. You may walk around a spill or keep away from stepping over an open drawer but if you do not correct the situation; what about the next person who walks by?

It is only by correcting the hazard or reporting it that you are keeping, not only yourself safe, but your co-workers as well.

According to the studies made on walking, the average person performs approximately 18,000 steps every day. While there are nearly 13 million slip, trip and fall injuries that happens every year. Deplorable results are: lost workdays, broken bones, bad backs, even permanent disability and death. Prevention is possible to avoid being victims of painful injuries both on and off the job. If you understand how slips and falls happen, then you will be able to avoid them.

As often happening in cartoons and comic movies, a banana peel is not the only cause for slip and falls. And while the results may produce a few laughs in movie houses, slip and falls are not laughing matters. Other causes of falls aside from a banana peels are: unsafe chairs, moving too fast, obstructed aisles, bad lightning and improper shoes.

In fact, some estimates put the number of disabling injuries resulting from falls at over 30,000 per year. The number of fatalities is close to 12,000 a year. And according to statistics, is that one of every ten deaths occurs in the workplace.

You can greatly reduce slip, trip and fall accidents by remember this rule: watch where you are going. Walking is considered as such a common activity that people are no longer conscious of potential hazards along the way. Pay attention to the more common fall hazards cited by the National Safety Council like: hidden steps; loose, irregular surfaces; smooth surfaces; wet spots; and oil & grease.

Accidental deaths are attributed to falls rank second only to motor vehicle accidents. The number of moralities is consistent across industries, gender lines and age. The only exception is that among the elderly the number of fall related deaths are even higher.

Preventing slips and falls must be a team effort. You may walk around a spill or keep away from stepping over an open drawer but if you do not correct the situation; what about the next person who walks by?

It is only by correcting the hazard or reporting it that you are keeping, not only yourself safe, but your co-workers as well.

Link – http://web.utk.edu/~ehss/pdf/stf.pdf

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The claimant was identified as Shelly Rayne. She filed a suit against Wal-Mart Stores Inc. on Sept. 28 in Hardin County District Court. But on Nov. 2, she moved the case over to the Eastern District of Texas, Beaumont Division on Nov. 2.

The mishap happened last July 10 when Rayner was shopping, at the Wal-Mart store located in Lumberton. She slipped and fell in an accumulation of liquid on the floor.

Due to the fall, Rayner claimed that she suffered severe injuries at her back, arm and wrist.

Represented by her lawyer, Rayner accused Wal-Mart Lumberton of negligence for:
1. Failure to warn her of the hazardous condition;
2. Failure failing to inspect and properly clean the floor;
3. Failure failing to post a warning, utilize cones or other warning devices;
4. Failure to close off the dangerous area until the hazardous condition was eliminated,; failing to perform reasonable inspections of the premises,
5. Failure to institute or follow adequate safety procedures to protect patrons; and for
6. Failure to properly instruct or train the employees regarding inspection or cleaning of the premises.

The plaintiff is asking payment for damages of physical pain and suffering, mental anguish, medical expenses, lost wages, lost earning capacity, physical impairment, disfigurement, interest and court costs.

Rayner is requesting a jury trial. Meanwhile, U.S. District Judge Ron Clark is assigned to handle case.

Link – http://setexasrecord.com/news-3224/276606-hardin-county-woman-sues-after-slip-and-fall-incident-at-wal-mart

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