PREMISE LIABILITY

Celebrity Couple Sued Over Slip and Fall

Submitted by jrlaw on Sep 12th, 2012

 

Well-known public figures William H Macy and Felicity Huffman have been hit with a lawsuit over a staircase at their home, according to reporting by TMZ. The woman filing the lawsuit claims that she fell down the stairway in April of 2011, sustaining injuries.

 

The lawsuit also alleges that the couple was negligent because the staircase was an obvious hazard and they did not warn the woman who fell about the risks. The reporting goes on to say that the lawsuit seeks damages of more than $25,000. Lost wages and medical expenses are included among the damages.


Premises Liability

Most of the premise liability lawsuits you'll see have to do with commercial properties. Many of them involve cases where someone slipped on wet floor surfaces, fell down stairs and so forth. Private homeowners, however, can sometimes be successfully sued when someone is injured on their property because conditions were obviously hazardous. What's important is that the attorney arguing the case for the plaintiff can successfully establish that the premises owner was negligent.

Lawsuit Filed over Unmarked Wet Floor

Submitted by jrlaw on Jul 16th, 2012

 

A situation involving a wet floor with no sign to mark it ended up in a lawsuit being filed in Jefferson County. The lawsuit, as reported by the Southeast Texas Record, has been file against an O'Reilly Auto Parts store.

Spills

The lawsuit in Jefferson County alleges that there was a spill at the O'Reilly's store and that it was not market. The plaintiff fell on a liquid that was not marked. The lawsuit is claiming damages for pain and lost wages, mental anguish, alleged past and future medical expenses and court costs, according to the article.

This lawsuit has much in common with others of its kind in terms of what damages are being sought for and why they're being sought in the first place.

Falls on Hazardous Floors Are Leading Cause of Accidental Death Among Elderly, Study

Submitted by jrlaw on Jul 16th, 2012

 

Falling on hazardous floors is the leading cause of accidental death among the elderly, according to studies done by the National Floor Safety Institute. The editor of EHT magazine, where are article detailing the study was published, said that 8 million people seek emergency room treatment every year for instances where they have slipped and fallen on a hazardous floor. There are many different circumstances under which floors can become hazardous.

Dangerous Flooring

Hazardous floors can exist under a variety of condition. In many cases where someone seeks treatment for injuries, they fell on a wet floor that didn't provide them with adequate traction. They may have fallen on stairs that were not marked clearly to indicate their edges or they may have slipped on concrete that was slick with oil or other contaminants. The injuries can be very severe.

Injuries at Work Cross Many Occupations

Submitted by jrlaw on Jul 16th, 2012

 

When you see a great orchestra performing, do you think about them as workers? Many of the best orchestras in the world employ their musicians much as does any other employer. When these workers are injured, they have the same rights to compensation as does any other employee.

An article in TheStar.com details how a Toronto physician is urging musicians, dancers and other performers to speak out about workplace injuries. Like many other work environments, the environment that artists work in is one where the threat of being replaced is a constant and frightening one. Sometimes, performers will avoid dealing with an injury because they fear it will lessen their chances of getting future work, according to the article.

When You Need to Contact a Premise Liability Lawyer

Submitted by jrlaw on Jul 16th, 2012

 

There are instances when contacting a Dallas premise liability lawyer is the smartest thing you can do. There are millions of people injured every year in incidents when a web or otherwise hazardous floor causes them to slip and fall. They may also be injured by dangerous equipment or in other ways but, in many cases, these injuries are so severe that they end up costing the victim enough money to justify filing a lawsuit.

When to Consider Suing

Lawsuits are filed over negligence. If someone was negligent toward you, they failed to take reasonable precautions to provide for your safety or took actions that endangered you directly when you were at the premises that they were responsible for. An attorney can tell you whether or not that it's likely that someone was negligent in the legal sense of the term and meeting with them is usually free for the initial consultation.

CVS Sued in Slip and Fall Case

Submitted by jrlaw on Jul 16th, 2012

 

A lawsuit filed in Jefferson County alleges that a woman was injured shopping at a CVS due to a slip and fall. The lawsuit does not detail exactly what circumstances led up to the slip and fall accident but it does name quite a few causes for seeking damages.

The lawsuit names mental anguish, pain, past and future medical expenses, lost wages, impairment and all of the plaintiff's court costs as causes for seeking damages. The lawsuit was filed on June 27, according to an article in the Southeast Texas Record. The lawsuit will be heard in the 136th District Court.

Keeping Your Retail Space Safe for National Safety Month

Submitted by jrlaw on Jun 19th, 2012

 

June is officially National Safety Month. Businesses all over the nation will be participating in activities designed to raise safety awareness and, if you want to make a difference in people's lives, you can make your retail establishment safer and protect yourself from some types of lawsuits that commonly arise when retail spaces aren't kept safe for customers. Here are some things to watch for.

Trip Hazards

Trip hazards on your floor present one of the most significant threats to your customers. They include bunched up rugs in entryways, extension cords that aren't fastened down and items that make the aisles slippery or that obstruct them. Be sure to clean these up as soon as possible to keep everyone safe.

Golf Course Case Gives Insight Into Premise Liability

Submitted by jrlaw on Jun 19th, 2012

 

Ask most people what premise liability is and the likely response will involve a scenario such as slipping and falling in a retail establishment. Premise liability actually involves more than this, however. A recent settlement between a 42-year-old golfer and Legends Golf Holdings LLC in South Carolina illustrates this point. According to a press release, the golfer was playing at the Pawley's Island Heritage Club when he slipped and fell on a bridge on the course. He sustained serious injuries, including an injury to his knee and two herniated discs in his neck. The settlement, according to the press release, amounted to $400,000.

Inside and Out

So, what is premise liability? Premise liability describes a property owner's responsibility for the safety of the people on that property. It concerns itself with negligence. When a property owner is negligent, they may end up injuring someone through unreasonable actions or inaction. The idea behind premise liability law is to give the people who are injured a legal recourse that allows them to seek damages. In a Texas court system, the civil courts provide a way to get material compensation for material damages.

June is National Safety Month

Submitted by jrlaw on Jun 19th, 2012

Unintentional injuries can occur in the workplace, in the home or anywhere else. The costs to the people affected, businesses and the economy on the whole are significant. In fact, it is currently estimated that unintentional injuries end up costing American citizens and their employers $730 billion. This works out to a cost of $6,200 per household, according to a press release by the National Safety Council.

The National Safety Council put out a press release announcing that June will be National Safety Month. Safety in the workplace is a particularly challenging area, both for employers and employees. Between the various workplaces in the nation, the level and types of hazards that employees face vary wildly. In some situations, injuries occur because employers deliberately neglect safety regulations that are designed to keep employees safe.

Restaurants and Premise Liability

Submitted by jrlaw on May 1st, 2012

Restaurants are most certainly responsible for the safety of their patrons. Restaurants can also be very dangerous environments. It's not uncommon for slip and fall injuries to occur in these establishments and, sometimes, the reason that those injuries occur is purely because of negligence on the part of the restaurant's owner. There are some very dangerous areas in restaurants that you should be aware of.

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