Articles Posted in Slip, Trip and Fall

It’s cold outside and there are a few inches of the white stuff on the ground in Seattle, Bellevue and throughout the Pacific Northwest. Many people are hunkered down waiting for the storm to pass but others have to go to work, go out to pickup up groceries or medications and for others, cabin fever can drive one to get out and about.

Walking on snow and ice can be dangerous, however, and a person has the potential to slip and fall. While slipping on an icy driveway may be funny in a cartoon or in a YouTube video, fall injuries are one of the leading causes of death among the elderly.
slip and fall lawyer
We often get calls this time of year after someone has slipped and fallen and suffered a serious injury. Moderate injuries include bumps and bruises but more serious injuries include fractures to knees, hips and ankles. And, the most dangerous injury of all is a traumatic brain injury which is fatal in 46% of falls among the elderly.

Often people wonder if the property owners has legal obligations in the case of an injury when a person slips on an icy sidewalk, parking lot or place of business. They wonder if the property owner has a duty to remove snow and lay down deicer.

Who is at fault for slips and falls on an icy or unshoveled sidewalk?
The truth of the matter is that the statutory laws can vary from city to city and homeowners may have a different standard than business owners or municipalities. That’s why it is a good idea to contact an experienced slip and fall attorney who can evaluate the merits of your case. An experienced personal injury will research the various municipal codes and will ask some important questions such as:

  • Where did the accident happen?
  • Was the property initially shoveled and de-iced?
  • Was snow falling?
  • What was the time period between the end of snow fall and the fall?

Answers to these questions as well as other factors can help in determining whether negligence on the part of the property owner was responsible for your slip and fall accident.

We can help
If you or a loved one has been seriously injured in a slip and fall accident, the slip and fall accident lawyers at The Farber Law Group are there to help. We have more than 30 years experience in representing people with their premise liability and slip, trip and fall accident claims.
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A personal injury is any kind of accident where you are injured. If you have an accident and feel another party is at fault, you may decide to file what is called a personal injury claim in order to be compensated for damages that may occur from medical or emotional costs associated with the accident.

There are many types of personal injury claims, and while you can file a personal injury claim for just about anything, the most common types of claims are those that involve car accidents, work related injuries, slip and fall accidents, accidents in your home and holiday accidents. Others include product liability claims such as when you are injured from a defective product that you have purchased.

When you file a personal injury claim, you are asked to describe the accident, and provide a dollar amount that you think is suitable compensation. This can include medical and dental bills, money lost due to time missed from not being able to work, or even emotional damage if you can prove your accident caused you emotional or psychological stress.

Having a slip and fall accident is not an uncommon occurrence; thousands of people slip and fall every single year due to all kinds of causes. It can be a work related injury, to falling on ice in front of someone’s house, or even falling down a flight of stairs at a friend’s house.

slip_and_fall.jpgHow do you know who is responsible if you have a slip and fall accident? If you have been injured in an accident of this type, you should first keep in mind that falls happen, and are a part of normal life. If you are going to file a personal injury claim for a slip and fall accident, you have to first prove that the party you are suing is responsible for negligence in some way. This can mean that they didn’t shovel their sidewalk, or something spilled in a business location and it was not cleaned up right away and there was no notification that a fall was a possibility. If you fall on someone else’s property because you tripped over drainage grates for example, which are necessary and serve a purpose, the homeowner probably cannot be held liable since there is no negligence on their part to clean that up.

A property owner is not responsible if someone trips over something that they should know is there. For example simply falling down stairs is not negligence; this is a case of not watching where you are going. We all need to look where we step.

Of course, homeowners and property owners need to keep up their property. Proving a personal injury claim in a slip and fall accident can be difficult and murky at best; you will have to have some proof that the owner of the property where you fell failed to do something that would have prevented your fall. Clearing branches, wiping up spills, or dealing with weather related issues like snow or ice are all things that the owner could be held responsible for. If you fall because you weren’t paying attention to where you were going, you’re probably not going to have much of a case.

In short, slip and fall accidents happen, and if someone could have prevented it and failed to, they should be held responsible. If you simply failed to watch out for yourself, you should have to incur all damages yourself.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to a slip, trip or fall accident.

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A one-year-old boy suffered a serious head injury when a TV fell off of a motel room dresser and fell on top of him.

According to a report on Fox news, the boy was playing with his brothers in their room when they bumped a dresser that the TV was on and it toppled on him. The boy is in critical condition at Primary Children’s Medical Center in Salt Lake.

TV tip-over accidents are more common than one might think. The Consuper Product Safety Commission estimates that at least 180 people were killed between 2000 and 2006 when furniture or TV toppled over them. In 2006 alone, there were 16,300 injuries to children under the age of six in tip-over accidents. In 2008, the CPSC published Instability and Tipover of Appliances, Furniture and Televisions: Estimated injuries and Reported Fatalities. The CPSC children often suffer catastrophic brain injuries or are suffocated in these accidents.

The CPSC recommends that TVs and furniture be secured to the wall to avoid tipover accidents as these accidents typically occur when children climb onto furniture or appliances or when a TV is perched on a piece of furniture that was not designed for it.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in slip, trip and fall accidents and the family of those who have been killed.

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In Washington state, youth sports have received notice about traumatic brain injuries with the “Lystedt Concussion Law for Student Athletes.” The law, which is named after Zackery Lystedt, a middle school football player who returned to a football game after a concussion and suffered a serious brain injury, requires concussion training for those involved in student athletics and also requires a player be removed from a game if a concussion is suspected. In addition, the student athlete with a suspected concussion can not return to play until examined by a medical professional.

football_brain_injury.jpgNow, six former NFL football players and one active player are taking on the NFL with a potential class-action lawsuit claiming that the NFL did not treat players for concussions and for not divulging the association between football, concussions and traumatic brain injuries. In another lawsuit, 75 retired NFL players filed suit against the NFL and Riddell, the NFL’s official helmet supplier, saying the NFL knew that concussions were harmful but that they hid the knowledge from the players, coaches and trainers.

The Concussions Committee of the NFL generally denies that there is a connection between brain disease and concussions however a National Health survey shows an increase in symptoms of permanent brain injury in retried football players and this is attributed to concussion injuries.

The players say that they were instructed to “lead with their heads” and were not removed from play even after they suffered four, five or six concussions.

The players are seeking funds to provide both medical care including diagnostic screening tests and funds to care for players who are so severely injured that they are unable to work. They are also seeking a change in football with safer helmets and changes to “head-down” tackling practices.

Retired football players suffer from various brain injuries which they say are related to taking big hits during their football. One player complains of walking around in a fog. Other players suffer from pre-mature dementia and Traumatic Encephalopathy, a neurodegenerative disease with symptoms including dementia, memory problems, Parkinson-like symptoms, speech problems, unsteady gait and behavioral problems.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered a serious traumatic brain injury from car accidents, bicycle accidents, sporting accidents or slip, trip and fall accidents. With our help, you may recover compensation for your damages.

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We came across an article today from New Zealand today that had figures from their state Accident Compensation Corporation that found that 7,600 people are injured every year due to falling out of bed. While the majority of people who fall out of beds are small children and the elderly, 23% of those injured were people between the ages of 25 and 64.

The U.S. Centers for Disease Control reports that every year over 400,000 are injured so seriously that they require hospital admission. For the frail elderly, a bed fall can result in a broken hip or a head trauma which can be very a serious injury and can even result in death.

Falls are a particular problem in nursing homes where as many as 3 out of 4 residents fall every year and often residents suffer an average of a couple of falls per year.

Nursing home falls can be caused by muscle weakness and problems with gait (24%); environmental hazards including wet floors, poor lighting, incorrect bed height (16-27%),; medications that affect the nervous system, and other problems such as when moving a patient from bed to chair, poorly fitting shoes and improper use of canes and walkers.

Most nursing homes have fall prevention plans including:

  • assessing patients for their fall risk
  • educating staff
  • implementing exercise programs which can increase a patient’s strength, balance and ability to walk and function
  • reviewing medications and minimizing use where appropriate
  • improving the nursing home environment by making sure there is adequate lighting, raised toilet seats, handrails in hallways, etc
  • installing fall alarms which can alert staff when an at-risk patient is trying to get out of bed without help

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent victims of nursing home neglect and their families.

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22 construction workers were injured when the freight elevator they were riding in fell four floors in the Bed, Bath & Beyond building in Chelsea, New York.

According to a report on ABC News, the elevator malfunctioned and fell from the fourth floor to the basement. A spokesman for the Department of Buildings said the cause of the malfunction was a defective brake. The building owner was issued a citation for failing to maintain the elevator.

In what must have been a terrifying accident, none of the injured suffered life-threatening injuries. However, 22 of the workers suffered “whiplash-like” injuries in the fall according to The New York Times.

States regulate the safety of elevators, escalators, moving walks and dumbwaiters and prescribe an inspection schedule. WAC 296-96-00650 prescribes the elevators rules in Washington.

Whiplash injuries are a common injury suffered in car accidents. It refers to the hyperflexion/hyperextension injury or “cervical strain/sprain.” It is caused when the head snaps backwards and the movement of the neck is greater than the normal range of motions of the neck muscles.

A whiplash injury can be very serious and require treatment over a period of time. In some cases, this healing process can take six months or more.

The injured construction workers in this accident might very well have a legitimate negligence claim against the building owner since the building owner was cited. They would be well-advised to obtain the counsel of a personal injury attorney.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction accidents and slip/trip/fall accidents and the family of those killed.

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The Arizona Court of Appeals upheld the $1.5 million damage award to a kindergarten teacher who sued BCI Coca-Cola for damages after a slip, trip and fall accident in a grocery store.

The unidentified teacher had a serious spinal cord injury as a result of a fall caused by water on the floor that had leaked from a BCI Coca-Cola refrigerator. The victim had to have surgery on a herniated disk and suffers from lingering and chronic pain.

The court found the BCI Coca-Cola Bottling liable for the accident because service records showed that the refrigerator had been leaking for two years before the accident.

The teacher’s attorneys showed the jury a surveillance tape of the accident and were able to share with the jury how debilitating the injuries are.

This may seem like a huge award to some. However, it is not out-of-line due to the severity of a spinal column injury.

A slip, trip or fall accident falls under the category of “premise liability.” Premise liability finds that a property owner or person who operates a business is responsible for injuries by a person on their premises if they failed to maintain their property in a safe condition. This can include wet and slippery floors, inadequate lighting, cracked sidewalks, etc.

For more information see, “Washington injury attorney explains “slip, trip and fall

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 30 years experience representing people with serious personal injuries due to slip, trip and fall accidents.

Source:
$1.5 Million Verdict Won by Tucson Attorneys Against BCI Coca-Cola for Slip and Fall Accident Affirmed by Arizona Court of Appeals
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The Seattle Times reports that Justin Amorratanasuchad, 21, of Seattle, died when he slipped and fell at least four stories from a Boston rooftop while working on a film project. The fatal accident occurred at a building at 610 Columbus Avenue. Amorrantanasuchad apparently did not live in the building.

Amorratanasuchad was a junior at Emerson College and a graduate of Ballard High School in Seattle. Many describe him as a dedicated and hard working student.

In the wake of the death, city officials are urging property owners to safeguard roof access for safety sake’s. One Boston newspaper, however, reported that it appeared that the roof access had been locked down but that the lock had been tampered.

It is a tragic to lose a vital young man in such an accident. Our condolences go out to his family.

Over the years, the University of Washington (UW) and Washington State University (WSU) have also had their share of tragic fall accidents. The Seattle Police report that there have been 6 deaths and 5 severe injuries due to falls at dorms and fraternities at UW in the past 25 years. Click here to see the chronology of accidents at UW.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured due to the negligence of others. We also represent families who are entitled to bring a wrongful death action when someones negligence caused the death of a family member. While these cases are difficult to negotiate through the court system, The Farber Law Group has more than 30 years experience in handling wrongful death cases.

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The North Kitsap Herald reports that Aaron Bjorn Waag, 28, of Hansville, died after falling at least 70 feet from a boom crane hook as he worked cutting branches from several tall fir trees.

According the report, Waag was working at a property off Rocky Point Road NW in Bremerton when the 10:30am accident occurred.

First responder administered CPR and Waag was taken to Harrison Medical Center in Bremerton where he was pronounced dead.

The cause of the accident is under investigation by the Department of Labor and Industries bit it appears that that Waag’s climbing harness became detached from the boom hook.

Waag worked in his family’s business, Waag Tree Service.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle personal injury law firm representing construction accident victims and their families.

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