Wal-Mart Lawsuit Goes to Mediation

Both parties in a personal injury lawsuit against Wal-Mart have agreed to go to mediation on April 27.  If the matter is not resolved at mediation, the Madison County Circuit Judge ordered the plaintiff’s to present their motion for a hearing.

A Madison County woman filed the lawsuit on December 8, 2010, naming three individuals after she fell in hole at Wal-Mart parking lot in Glen Carbon on July 15, 2010.  According to the lawsuit, she was loading her purchases into her car when she stepped into a hole in the parking lot.  She claims that because of this incident, she has suffered permanent injuries to her lower extremities, and suffered pain.  She has also suffered a disability that impairs to ability to earn a living, and has incurred medical costs due to the incident.

The individuals she has named in the lawsuit are responsible for maintaining the parking lot.  She claims they had not done their jobs correctly by allowing the hole to develop, and did nothing to barricade it or warn customers of its exsistence.

Woman Files Suit Against Apartment Complex After Falling on the Stairs

A woman has decided to file suit after falling at a Spring, TX apartment complex while holding her child.  She is suing on her own behalf and on the behalf of the child.  She filed the lawsuit on May 3 in the Harris County District Court, against Lakebridge Houston, Lakebridge Homeowners Association, and Mercantile Capital, citing negligence.

The woman’s claim is that the apartment complex has unsafe conditions.  She was walking down the stairs on May 17, 2010 while carrying her child, and tripped over a piece of metal.  According to her statement, she believed the apartment managers to be at fault for not keeping the stairway clear of debris.  She is seeking damages as well as court costs.

There is no information regarding what injuries she or her child endured after the fall.

Children can be seriously injured in slip and fall accidents while being carried

A study published in the journal Pediatrics showed that between the years of 1999 and 2008, more than 53,000 children were taken to the ER, treated for injuries sustained from a fall while being carried by an adult who lost his or her balance.  Many of these fall occurred on stairs, and the likely culprit is parents or other caregivers multi-tasking, and not paying attention.  The most common place for the accidents to occur is the home of the child.  Although those accidents were not candidates for personal injury lawsuits, there are many other instances where lawsuits should be filed.  Some of the most common reasons for pursuing a personal injury lawsuit are situations where the child was at another person’s home and dangerous situations were neglected.  For example, a missing handrail on a stair way, or any situation where:

  • The owner created a dangerous situation
  • The owner knew about a potential danger and did not correct it
  • The owner should have been aware of a dangerous situation because of the length of time the danger existed

Slip and fall cases involving children can be more dangerous because children are still developing, and some injuries can cause life-long disabilities.

Port Arthur Wal-Mart being sued for slip and fall accident

A Jefferson County resident slipped and fell at a Wal-Mart store in Port Arthur, Texas two years ago, on March 12, 2010.  Due to injuries she received in the incident, she has decided to file a slip and fall lawsuit against the retail giant.  She is also naming a manager of the store in the lawsuit for failing to “inspect and maintain” the area in which she slipped.  The woman claims a slippery substance was on the floor, causing her to slip and fall and suffer injuries that have not been named.  She is suing for all medical expenses, pain, mental anguish, impairment, disfigurement, as well as attorney wages and all court costs.  The lawsuit was filed on March 12 of this year in a Jefferson County District Court.  Slip and fall accidents are some of the most common accidents that occur in grocery and other retail stores, causing injuries to many people all over the country.

Jefferson County resident files slip and fall suit against La Morenita Meat Market

A Jefferson County resident has filed a lawsuit against La Morenita Meat Market after a slip and fall accident that occurred on January 30, 2011.  The lawsuit alleges that as the victim was entering the store, he slipped and fell on a wet substance on the floor.  He claims the store knew of the dangerous condition and did not put out warning signs, and did not maintain the area safely.

The victim is suing for all medical expenses, mental anguish, impairment, pain and suffering, disfigurement, in addition to lost wages and all court costs.

In slip and fall cases, the difficulty comes in proving the owner or person responsible for maintaining the property was negligent in their duties.  Simply having an accident on a premises does not automatically ensure the owner was negligent, nor ensure compensation for medical expenses or other lost wages.

Proving liability in slip and fall cases all comes down to negligence

There are several different manners that personal injury attorneys can use to prove liability in slip and fall cases.  The essential methods of proving liability involve:

  • Showing that the owner created the condition that caused the accident;
  • Showing that the owner knew about the dangerous condition and neglected to correct it; or
  • Showing dangerous condition had been there for so long the owner should have known about it and fixed it.

Proving liability may be a daunting task, and the best option in a slip and fall case is to have a qualified personal injury attorney working on your behalf.  The unique details in each case must be studied carefully to determine the best way to approach the case.

The only way a person is able to recover money from a slip and fall case is that there must actually be a responsible party that had been negligent, and the negligence was the cause of the injuries.

Slip and Fall injuries can be expensive and permanently disabling

If you have been seriously injured in a slip and fall accident, you may need the services of a personal injury attorney.  Slip and fall accidents can happen anywhere.  Some of the most common locations for slip and fall accidents are:

  • Stairways
  • Sidewalks
  • Construction areas
  • Poorly lit areas

Slip and fall accidents can happen on public or privately owned properties.  Injuries from slip and fall accidents can range from minimal to serious or permanent damage.  Some of the most common injuries that occur from slip and fall accidents are:

  • Head injuries, such as concussions
  • Brain injuries
  • Bone fractures or broken bones

Serious injuries that have resulted from slip and fall accidents can not only cause permanent disabilities, but thousands of dollars in medical care and expenses, as well as lost wages from missed work.  A personal injury attorney can be helpful in determining who is at fault and if possible, recovering financial damages for serious personal injuries.

Paula Abdul agrees to pay $900,000 in slip and fall claim

Paula Abdul recently agreed to settle a slip and fall claim for $900,000 involving a woman who was a part of the production team on her reality series, Hey Paula.  The woman who fell claimed that Ms. Abdul’s driveway “was in a dangerous and defective condition.”

The high profile, high paying settlement serves as a reminder to all homeowners that there are circumstances when they are responsible for the safety and well-being of guests on their property as well as in their homes.

Every state has different laws regarding liability for slip and fall accidents that occur on the property.  Differences between the laws include whether the victim was invited onto the property or is trespassing, and how well the property is being maintained.  In order to prove liability or fault in the case of slip and fall accidents, negligence generally must be shown.

Victim of slip and fall accident awarded $125,000 by Glendale

A man has been awarded $125,000 by the city of Glendale, California as part of a settlement agreement following a slip and fall accident that occurred on June 21, 2009.  Although the city has settled slip and fall cases in the past, it is unusual for the settlement to reach six figures.

According to the victim, as he carried a large container of leftover food to his car, he tripped and fell over a crack in the sidewalk that had been created by a magnolia tree.  He lost consciousness and woke up in a hospital room with bruises and cuts on his face and arms.  The most serious injury he suffered was a ruptured eye globe.  Also according to the claim, he had emergency surgery on his left eye and spent six days in the hospital.  The victim’s vision in his left eye is significantly reduced as a result of the injury.

Although the victim sued the city and the host of the party, his friend and fellow member of a local gourmet club, for her part in not maintaining the magnolia tree, the lawsuit against the party host was later dismissed.

Couple sues Solitude House museum for slip and fall accident on property

A High Bridge, New Jersey couple has filed suit against the Solitude House museum and others, including the Union Forge Heritage Association, and up to ten other people that are not identified, due to a slip and fall accident that occurred on the sidewalk in front of the house.  The claim is that the sidewalk was covered with leaves at the time of the fall.

The lawsuit has been through several stumbling blocks, including the denial of summary judgment, and the trial date being postponed nearly a month.

One issue in the dispute is who is actually responsible for the sidewalk where the accident occurred.  The borough owns the property, but the museum is required to maintain the sidewalk based on a lease with the Solitude House museum. In 2002, the Union Forge Heritage Association was formed to preserve Solitude House as well as other historic structures, and signed a 10-year agreement to lease Solitude House.  The judge has dismissed the part of the lawsuit against the borough.