Atlanta, Georgia Personal Injury Lawyer
However, falls are not always out of our control - or out of control of the individuals who own and maintain the places where these spills might commonly happen. They are also not always so very harmless. A fall might easily lead to injury, medical bills and potentially permanent consequences. Falls can lead to head trauma, nerve damage, and injuries to the neck and spine, all of which can be life changing or even potentially deadly.Ten of the top common reasons for falls which may by the responsibility of the property owner include:
1. Improperly Maintained/Broken Stairways
2. Defective Sidewalks
3. Improperly Maintained Walkways
4. Uneven Walkways
5. Unsecured Wet and/or Waxed Floors
6. Broken Railings
7. Poorly or Improperly Maintained Lighting
8. Improperly Maintained Parking Lots/Structures
9. Unsecured Construction Sites/Scaffolding
10. Defective Construction Equipment
Home and property owners have a responsibility to see that their property is either secure from the public, or maintained for safety. Many of the items on this list can be hazards waiting for someone if left unattended.
Stairs, for instance, can be very dangerous since a small trip can lead to a dangerous tumble down to the floor or landing. Because of this, stairs should always feature some sort of nonskid surface. If they are carpeted, the carpeting should be secure. If the carpet becomes loose or worn, it should be repaired immediately to avoid an increased risk of falls. Uncarpeted stairs might have some nonskid surface on them, such as a contrasting nonskid tape, spaced at one inch intervals, or rubber pads. Stairs should have railings on both sides, and the railings also need to be in good repair.
A poorly lit stairway or a stairway which accumulates any kind of obstacles is likely to lead to accidents eventually.
Maintaining proper lighting is another important step that property owners should take to ensure that preventable falls are kept to a minimum. Especially in conjunction with other, higher risk areas such as stairs, or places where the floor or walkways are liable to be wet and slippery.
Areas under construction, or those being cleaned or waxed should always be marked clearly so that individuals who happen to use them are aware of the risk and know to be careful or when appropriate to find another route - otherwise, they should be secured entirely to prevent accidents and injuries.
If you or someone you love has been wrongfully injured because of fall due to negligence on the part of a property owner, then contact an experienced Atlanta, Georgia personal injury attorney as soon as possible. You may be entitled to compensation Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: Atlanta accident attorney, Atlanta accident lawyer, fall, Georgia accident attorney, Georgia accident lawyer, slip and fall, trip and fall
DeKalb County Fire Captain Eric Jackson said, "Remarkably, consider the fall and what could have happened, the child was not hurt seriously."
The young boy was taken to Children's Healthcare of Atlanta and released after evaluation. However, his parents took him back to the hospital on the same day after he told them he was having headaches. He was released again later in the evening.
According to Jackson, the child was on the second floor of the MARTA station and leaning again the elevator door "when the door somehow became disengaged or opened, and that's when the child fell.”
“He fell onto the top of the elevator car," reported Jackson
Jackson said that the rescue operation was challenging: "but we were basically able to use some ladders to get the firefighters down there, get the child secured, and bring him back up on a Stokes basket."
A Stokes basket is a metal wire basket used for rescue missions in confined spaces.
The incident happened around 9:00 a.m. on Monday morning. MARTA spokeswoman Cara Hodgson said that MARTA officials are investigating the accident.
CBS Atlanta News questioned MARTA officials about the accident. Tim Eason, the escalator and elevator manager at MARTA, said, "We know doors did swing in but at this point we don't know why.”
"When doors typically function, they slide from left to right. How would they push in?" asked a reporter?
"They slide side to side," said Eason, "and normally they shouldn't go in or out. It's a very unusual situation."
According to Eason, the elevator in question had been recently inspected by a maintenance contractor on January 4 and by a MARTA inspector on January 11. He said that other MARTA elevators and escalators have been checked and are safe.
However, the question still remains: What kind of malfunction occurred that allowed the weight of a five-year-old boy to cause an elevator door to swing in? If it turns out that the boy sustained injuries during the fall – for instance, if the headaches were a sign of a traumatic brain injury – then the boy’s family would likely have a good case against MARTA. Like all property owners, MARTA officials have the responsibility of making sure that the property is properly maintained and safe for visitors. Property owners have a legal obligation to alert visitors about known safety hazards.
Have you been injured at a place of business due to a safety hazard? If so, contact an experienced Atlanta premises liability attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: atlanta, Atlanta injury lawyer, child safety, fall, MARTA, premises liability
Police say that the fall appears to have been accidental. They do not anticipate filing any charges.
“They had a bar on the window to keep him from opening it, but somehow he managed to get it open and fell out," said Kevin Hughes, the Clayton County police spokesman.
While the boy was thankfully unharmed, incidents like this highlight the importance of childproofing windows and supervising children. Not all children are as lucky as this boy; every year, children are seriously injured or killed because of unsafe windows.
The potential tragedy of children falling from windows was thrust into the public consciousness on March 20, 1991 when singer and performer Eric Clapton’s four-year old son, Conor, fell to his death from a 53rd story window. It is important not to let the lesson fade with time.
Children should be supervised when playing, and do not allow them to play near even closed windows. It is possible for a child to fall through the glass, which could possibly injure them even further.
Do not trust screens to save children if they should fall. Window screens are not designed for this, and most will not stand up to the weight of even a small child.
Consider installing landscaping features which might help break a fall under dangerous windows, if possible. Some bushes or shrubs may help cushion a child who accidentally falls from a window. This may not be an option for those who live in apartments, of course, but for home owners, it could make a significant difference.
Parents should discourage children from climbing to windows by removing furniture which might tempt them or facilitate them.
If possible, consider installing windows which open from the top rather than the bottom, making it difficult for small children to reach them alone.
Be aware of what windows you will wish to open for ventilation, and plan your safety measures around that.
There is also an array of products available to help childproof windows. If it is possible, parents should consider using locks or wedges to keep children from being able to open windows more than a few inches.
If you live above the seventh floor of a building, you may consider installing permanent window guards. Below that, you may consider guards which can be opened by adults or older children in the event of a fire.
Research your options so that your childproofing choices match your safety needs, lifestyle, and living environment. If you are constantly opening locks or removing guards because they get in your way, then they cannot serve their purpose effectively.
Properly childproofed windows can mean the difference between life and death for children. Parents understandably often prefer not contemplate this but your forethought can save your children from injury or worse.
Labels: child safety, fall
In 2005 alone, nearly 16,000 people age 65 or older died from injuries related to accidental falls. In the same year, nearly 2 million individuals age 65 or older were treated in emergency rooms for injuries from accidental falls, and more than 433,000 of those patients were hospitalized. Over the past decade, the rate of fall-related deaths among older adults has been increasing.
Slip and Fall Injuries among Older Adults
- 20 to 30 percent of older adults who fall experience moderate to severe injuries like bruises, hip fractures, or head trauma. These types of injuries affect older Americans more dramatically. Such injuries can make it hard for older adults to get around and live independently.
- Falls are the most common cause of traumatic brain injury (TBI) among older adults, and TBI is the leading factor behind fatal falls. In 2000, TBI accounted for 46 percent of fatal falls among older adults.
- Falls are the most common cause of fractures among older adults. The most common fractures occur in the spine, hip, forearm, leg, ankle, pelvis, upper arm, and hand.
- In 2000, direct medical costs for fatal falls were $179 million, and direct medical costs for non-fatal fall injuries were $19 billion.
Many people who receive a serious injury during a fall develop a lifelong fear of falling. This fear may cause them to limit their physical activities and reduce their physical fitness, which actually increases their risk of falling again.
Fall Injury Risk Factors
- Men are 49 percent more likely to die from a fall.
- Women are 67 percent more likely that men to have a non-fatal fall injury.
- Among older adults, rates of fall-related fracture injuries are two times higher for women.
- In 2003, 72 percent of older adults admitted to the hospital for hip fractures were women.
- The risk of injury increases with age. For example, the rates of fall injuries for adults 85 or older are 4 to 5 times higher than those of adults 65 to 74.
- 85 percent of fall fatalities in 2004 were among people 75 or older.
- People 75 or older are 4 to 5 times more likely to be admitted to a nursing home after a fall.
How to Prevent Fall Injuries for Older Adults
- Regular exercise is the best fall prevention measure. Exercises like yoga and tai chi are especially beneficial because they build balance as well as strength.
- Frequent reviews of medications by pharmacists and doctors will help to reduce side effects and interactions that could lead to falls. Be sure to include over-the-counter medication in these reviews.
- Have an eye exam at least once a year.
- Improve the lighting in and around the home. Motion sensor lights will help prevent nighttime falls.
- Reduce hazards in the home that may lead to a fall. Use non-slip mats in the shower and on slick floors. Install grab bars in the bathroom if necessary.
Fall injuries among older adults can be difficult to overcome. If you or a loved one has been injured by a slip and fall due to another’s negligence, you may be entitled to monetary compensation. Contact an experienced Georgia premises liability attorney to discuss your legal rights. Call MLN Law at 404-531-9700 to schedule you free consultation.
Labels: fall, slip and fall
Each year, three million workers and one million customers are injured due to slips, trips, and falls in restaurants. Slips, trips, and falls account for 27% of all workers’ compensation claims and 39% of all general liability claims in the restaurant industry. For slips, trips, and falls, the average general liability claim cost for restaurants is $3,550.
According to the National Safety Council, slips, trips, and falls are the single largest cause of Emergency Room visits. Sadly, slips and falls cause over 20,000 fatalities in North America each year, and slips and falls are a leading cause of death in the workplace (second only to traffic accident fatalities).
In restaurants, people commonly slip on spilled food and beverages, but may they also trip in pot hot holes in the parking lot, slip on snow or ice in the parking lot, or trip over furniture, floor displays, or other obstructions.
The National Restaurant Association reveals that slips and falls are the greatest source of general liability claims within the restaurant industry. Here are some tips for preventing slips and falls in restaurants as well as what to do if you fall:
Tips for Restaurant Employees:
- Make sure that mats and runners are in place in commonly slippery areas.
- Wear slip-resistant shoes.
- Clean up spills immediately, and mark the spill with a sign.
- Conduct frequent inspections of floors.
- Pay attention during safety training.
- Report all slips, trips, and falls to a manager immediately, even if you don’t think you’re injured.
- Get a copy of the incident report.
- Take note of witnesses.
- If you fall, use a quality cell phone camera or disposable camera to take photos of the scene. See your doctor as soon as possible.
Tips for Restaurant Guests:
- Immediately report any spills or floor hazards to a manager.
- Walk slowly and carefully, and keep your eye on fast-moving employees.
- Report all slips, trips, and falls immediately, even if you don’t think you’re injured. Insist on speaking to a manager, and insist that the manager give you a copy of a written incident report.
- If you fall in a restaurant, take photos of the area where you fell if you have a camera or good cell phone camera on you. If you don’t have a camera, borrow one or purchase a disposable camera.
- Write down the names and phone numbers of other people at the scene.
- See your doctor as soon as possible.
- Don’t sign anything unless your attorney reviews it first.
- If you get a call from an insurance claims adjustor, he or she will probably get you to admit fault or partial responsibility. Tell the claims adjustor that you’re represented by an attorney, and you do not have to comment.
The leading causes of falls in restaurants include poor design and layout, poor maintenance, spilled liquids, spilled food, poor housekeeping, and floor obstructions. Poor design may refer to slippery floor coverings, low light, or slopes in floors. Examples of poor maintenance include frayed carpet, broken lights, leaking sinks, untimely ice removal, and broken tables or chairs. Common floor obstructions include floor mats, displays and signs, and shrubbery.If you’ve been injured due to a slip, trip, or fall in a restaurant, you may be entitled to a personal injury claim. Restaurant owners, managers, and supervisors have a duty to uphold safety standards and warn people about any potential hazards.
When you sustain a personal injury because of a slip, trip, or fall in a restaurant - or any kind of personal injury where another party may be liable - contact The Law Offices of Michael Lawson Neff as soon as possible. If you have any questions, call (404) 531-9700 to schedule your free consultation.
Labels: avoiding personal injury, building maintenance, fall, injury attorney, personal injury lawsuits, safety, slip and fall, trip and fall, workers compensation
Richardson was skiing without a helmet at the Mont Tremblant Resort in Quebec, Canada when she took a tumble on the bunny slope. According to witnesses, she laughed about the fall and refused medical attention, even after the ski resort followed proper protocol and called for an ambulance. Immediately after the fall, she was able to make conversation and walk unassisted back to her room at the resort. It was only an hour later that she began complaining of head pain. After that, her health began deteriorating rapidly and reports say that she was brain dead soon after. She died after transport to a New York hospital.
Richardson’s death demonstrated a medical phenomenon called the “talk and die” syndrome. These patients suffer an apparently minor head injury, but then quickly degenerate and die very shortly after due to intercranial causes. According to the Journal of Clinical Neuroscience, “talk and die” syndrome patients only make up about 2.6% of all traumatic brain injury patients, but that relatively small number should not preclude patients from getting immediate medical attention after any head injury, no matter how seemingly minor or trivial.
What exactly is traumatic brain injury?
Traumatic brain injury (TBI), is caused when any sudden trauma – such as a blow, a stab, or, as in Richardson’s case, hitting the head as the result of a fall – causes damage to the brain. Symptoms after the injury can be mild, moderate or severe and the patient may remain conscious or slip into unconsciousness for just a few seconds. Unlike Richardson’s case, not all TBI’s result in death, and some people remain untreated, unaware that their life is being effected by a serious injury.
According to the National Institute of Neurological Disorders and Stroke, “other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.“
People suffering from moderate to severe TBI may have additional symptoms such as, “headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.”
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
Labels: fall, traumatic brain injury
If you are injured in a fall in Georgia, you should consult with a lawyer who is experienced in handling those types of cases. They are very different than handling a car accident. Frequently, an expert in property management is necessary to note building or maintenance violations. Contact the attorneys at The Law Offices of Michael L. Neff for a free consultation on all serious injuries.
Labels: avoiding personal injury, fall, Georgia, personal injury lawyer, slip and fall, trip and fall
According to court testimony, the teenager had a blood-alcohol level more than twice the state’s legal limit for driving when she fell to her death from a hotel balcony in Hawaii. The chaperone of the cheerleader has been ordered by an arbitrator to pay the family and estate of 18-year-old Lauren Crossan nearly $700,000.
With summer here, teenagers will be heading to beaches and vacation spots to party. The Law offices of Michael L. Neff ask you to please counsel your teens on the tragic circumstances we see all to often when kids drink alcohol. And as always, if someone you love is injured due to someone else’s negligence, call a personal injury lawyer right away. For more information call us at 404-531-9700 or email us now.
He sued American Airlines; the construction project's manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Company, alleging they violated the labor law, created and then negligently failed to address a dangerous condition.
Because the area of overspray was open to the elements and became slippery when wet. McAndrew contended that rain the night before the accident had made the area especially slippery, and no tarp had been installed. He further claimed that the overspray and cluttered boxes had been the subject of several complaints by him and other contractors. It is important to be aware that a product is sold that can be added to outdoor paint that makes the paint slip resistant.
Although Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident, the case proceeded against the remaining defendants. The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident, and that McAndrew's damages totaled $4,913,231.30.
Are you working under unsafe conditions? No amount of money can replace your health; injuries at work such as the painful back injury suffered by Mr. McAndrew cause years of pain and suffering, and astronomical medical bills. If you’ve suffered an injury at work through someone else’s negligence, you are entitled to help with those bills. Call or email the Law Offices of Michael L. Neff today.
Labels: back injury, fall, finger injury, hand injury, medical bills, negligence, slip and fall
OMAHA, Neb. -- Humpty Dumpty sued the owner of the wall where he had his "great fall" in an Omaha courtroom on Wednesday.
It was a personal injury case in which Dumpty was trying to recover the cost of "putting himself back together again."
The jury was a group of fourth-grade students. The goal of the trial was to educate the students about the legal system and courtroom procedure. The jury found in favor of the plaintiff, so now Dumpty can pay all the king's horses and all the king's men.
http://www.ketv.com/education/15971659/detail.html?rss=oma&psp=news
Labels: fall, injury, lawsuit, trial
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