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Atlanta personal injury lawyer blog Friday, February 5, 2010

  Top 10 Causes of Falls

It is not all that uncommon to trip and take a fall. Many of us stumble from time to time and shrug it off, thinking it just a random occurrence on any bad day. We might blame our own clumsiness, or a loose heel, or something else out of anyone's control.

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.

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Thursday, January 7, 2010

  Premises Liability for Snow and Ice in Georgia

Is a Georgia property owner responsible for clearing hazardous ice patches or warning visitors about icy conditions? In most cases, yes, the property owner is responsible and can be held liable for slip and fall injuries.

In general, a business owner is responsible for the sidewalk and parking lot. In Dumas v. Tripps of North Carolina, Inc., the Georgia Court of Appeals stated that "the accumulation of naturally occurring ice does not negate an owner's duty to exercise ordinary care in inspecting the premises."

However, slip and fall cases can still be challenging in court. The claimant must show that the owner had knowledge of the hazard by presenting evidence. In some cases, such evidence can be difficult to obtain.

If you are a Georgia business owner, make sure your employees watch out for ice in coming days. It’s your responsibility to keep your customers safe.

If you are injured in a slip and fall accident, take photos, get names and numbers of witnesses, and collect any possible evidence - and call an experienced Georgia premises liability attorney as soon as possible. An experienced slip and fall attorney will know how to collect the evidence that is essential for you to win your case and claim your award.

Follow these icy slip and fall safety tips to prevent unnecessary injuries:

Be very careful near storefronts and store entrances. Heavy traffic areas tend to become slick with water, ice, and mud. Remember, property owners have an obligation to keep these areas dry and warn customers of dangerous conditions, but sometimes property owners are negligent. This type of negligence can lead to serious injuries.

Wear shoes with good traction when you're out walking in snow and ice. Don't wear shoes with slick bottoms. If you have to wear dress shoes at work, take them with you and change shoes once you get to work. Before you enter a building, knock the snow and ice off your shoes.

Slow down! Walk slowly. Take your time, take small steps, and pay attention to your environment. Watch out for icy spots and look before you take a step.

Choose your path carefully. Take the shortest route to your destination, and avoid shaded areas, as they are more likely to be slick with ice.

If you own a business or property, you might want to consider spreading some sand in front of your entrance. Of course, you might have a big clean-up job ahead of you, but that’s better than a customer getting injured by slipping and falling on your property.

If you do happen to slip and fall in front of a business, you may want to apologize or say something like, "I'm so clumsy!" Resist this temptation. Such a statement could cost you compensation in court. Remember, store owners have a duty to keep their sidewalks and parking lots clear of dangerous snow and ice. If you need legal advice about a slip and fall injury, call MLN Law at 404-531-9700 to schedule a free consultation.

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Tuesday, January 5, 2010

  Cruise Ship Slip and Fall Injury Victim Gets $9.5 Million Jury Award

Danny Simpson, a British man and former fitness instructor for Norwegian Cruise Lines, has been awarded $9.5 million by a Miami jury after a slip and fall injury on a cruise ship.

The injury occurred in 2006. Simpson was working as a fitness instructor aboard the Norwegian Crown ship. Simpson slipped on a wet floor in the fitness area. A woman had vomited on the floor earlier, and although a cruise ship employee mopped the area, the employee left the area wet and did not warn Simpson about the wet floor. Simpson slipped and severely injured his back.

David Brill, Simpson’s personal injury attorney, told USA Today, “The NCL (Norwegian Cruise Lines) cleaner had failed to dry an area on the gym floor, and the cleaner did not warn Danny Simpson of that fact. The NCL cleaner was hence clearly negligent in failing to complete the task of cleaning and drying the floor and not warning Mr. Simpson of the area which was still wet.

“Danny Simpson walked on the area of the floor that was wet - unknowingly, of course, and in reliance on the cleaner twice representing that her task was done and the floor was therefore safe - and his legs went out from under him, and he fell on his back, suffering two herniated discs in his spine.”

Brill noted that the spine injury caused constant back and leg pain as well as numbness for Simpson. Further, Simpson can no longer feel sensations from sexual intercourse.

“I suggested that a reasonable value for the past pain and suffering was $4,000 per day," Brill said. "That was the exact amount the defendant's urologist expert charges for his daily out-of-town testimony in court, fundamentally to talk about what he thinks a plaintiff in Mr. Simpson's position suffered. It seemed to me only fair that the value of Mr. Simpson having actually experienced the suffering be at least equal to this physician's charges.”

The Miami jury took just 42 minutes to render the verdict.

Some individuals in the blogosphere are pointing to this case as an example of a dysfunctional legal system.

“I strongly disagree that this case is a classic example of the legal system run amok; in truth, it is a classic example of justice being served,” said Brill.

Indeed, a property owner is obligated to alert guests as well as employees about dangerous conditions such as wet floors. When employees fail to perform their job duties correctly, as in this case, the responsibility of the slip and fall injury falls on the owner. All property owners should make sure that their employees are adequately trained in safety procedures. Because of the motion of the ocean, cruise ships can be especially dangerous for slip and fall injuries.

Have you suffered a slip and fall injury due to negligence on the part of a property owner? If so, you need an experienced Gerogia slip and fall injury lawyer on your side. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Monday, December 7, 2009

  $850,000 Settlement in Jiffy Lube Slip and Fall Case

Last month Jiffy Lube International agreed to an $850,000 settlement with the family of at 88-year-old man who was injured after a slip and fall at a Chicago Jiffy Lube service center. The serious injuries resulted in the man’s death four weeks after his fall.

On October 16, 2006, Robert Kinzle went to the Jiffy Lube center for an oil change. As he was walking to his car after the oil change, Kinzle slipped on an arrow painted on the driveway of the Jiffy Lube. It had rained earlier that day, and the painted arrow was slippery. Jiffy Lube employees were aware that the arrows became slippery when wet and had previously complained to management about the safety hazard.

Jiffy Lube employees did not call for an ambulance after Kinzle’s injury, even though he said that he was in pain. Instead, an employee helped him to his vehicle and drove him to his house. Once he got back home, Kinzle’s daughter decided that he needed medical care and drove him to Lutheran General Hospital. Kinzle was diagnosed with a fractured pelvis, a fractured hip joint socked, and a fractured shoulder.

When Kinzle was being prepped for surgery to repair his injuries, he went into respiratory arrest which required intubation. His condition prevented him from returning home, and he spent several weeks in the hospital. He was eventually sent to a nursing home. His conditioned continued to worsen until he died on November19, 2006. Before the slip and fall injury, Kinzle was in good health and lived at his house with his wife rose.

The Kinzle family was represented by Susan Novosad of the Levin & Perconti law firm. Novosad said, “Jiffy Lube employees were aware that the arrow on the driveway become exceptionally slippery when wet. As a consequence of this knowledge, Jiffy Lube was obligated to repair the surface for the safety of its employees and patrons. They failed to rectify the situation, or even warn customers of this dangerous condition, before Bob’s fall; this negligence directly resulted in his death.”

According to a press release from the law firm, the case was mediated by the Honorable Judge Michael Hogan, and the settlement order was approved on November 12, 2009 in the Circuit Court of Cook County by the Honorable Judge James D. Egan.

Slip and fall injuries may occur as a result of slippery substance, poor lighting, or hidden hazards. If the management of a business knows about such hazardous conditions, they are obligated to at least warn customers of the hazard. If you have been injured in a slip and fall accident as the result of negligence on the part of a property owner, contact an Atlanta slip and fall attorney immediately. You may be entitled to compensation. Do not speak to anyone else (like claims adjusters) about your injury, and do not sign any statements regarding the incident. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, October 12, 2009

  Fall Prevention for Older Adults

Slips and falls (and trips and falls) constitute a major problem for senior citizens. According to the Centers for Disease Control and Prevention (CDC), more than one-third of adults 65 and older fall each year in the United States. Among older adults, falls are the leading cause of injury deaths, as well as the number one cause of non-fatal injuries and hospital admissions for trauma.

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.

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Wednesday, September 23, 2009

  How to Prevent Slip and Fall Injuries on Your Property

A recent University of Pennsylvania School of Medicine study found that more Americans are dying from fall injuries. Between 1999 and 2005, fall mortality increased 36 percent. Fall mortality increased most in white men over the age of 65. According to the researchers, deaths from falls are second only to those from car crashes, which have the highest mortality rate of all accidents.

This is a serious problem, folks. Slips and falls may be funny in cartoons or on YouTube, but in real life, they can cause serious injuries and even death. My law firm has represented countless clients who were seriously injured in slip and fall injuries.

If you’re a business owner, then you’re liable for injuries on your property caused by negligence. Slips and falls are by far the leading cause of premises liability lawsuits. There are more than a million slip and fall or trip and fall injuries each year. These injuries cause nearly 20,000 unnecessary deaths.

Plaintiffs win more often than defendants in slip and fall cases, and the average median award is well over $100,000 and steadily rising. As the baby boomer generation continues to age, slips and falls will become even more commonplace. Between 2005 and 2020, the number of seniors in the U.S. will increase from 35 million to 77 million, and this is the age group that is most likely to suffer from slip and fall injuries.

Last year CNA insurance company published a tip sheet on slip and fall control techniques for commercial real estate owners. According to the paper, there are five major causes of slip and fall accidents:

1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility


The CNA report made the following recommendations to reduce the risk of slip and fall injuries:

Select high-traction, slip-resistant flooring materials when building, expanding or remodeling facilities. Installation of such materials with proven high traction characteristics is one of the best ways to avoid slip and fall issues. To a great degree, texture determines a floor's slip resistance. Smooth floors made of glazed ceramic tile or terrazzo can be dangerously slippery under typical footwear when wet. Other floors with abrasives in their surface or specially textured metal plates can be quite slip resistant, even when wet or contaminated. The best chance of reducing slip-and-fall accidents is during a facility's design phase when choosing floor materials. Some problem floors can be made safer by surface treatments, but others may need to be replaced or carpeted over, if possible. A good place to start is flooring materials certified by the National Floor Safety Institute (www.nfsi.org).

Know what the “out-of-the-box” slip resistance is on the floor materials in a facility. These numbers provide a baseline when considering changes to cleaning and floor maintenance practices. Have flooring COF audited after installation to confirm slip resistance.

Select floor cleaning and maintenance products with proven slip resistance characteristics that are compatible with the particular flooring surfaces in a facility. A good place to start is with materials certified by the National Floor Safety Institute (www.nfsi.org).

Be alert for workers substituting cleaning materials or supplies. Ensure that sufficient cleaning supplies are available.

Apply floor cleaning and maintenance products in accordance with the manufacturer’s recommendations.

Verify with cleaning personnel that they are familiar with and are using the correct cleaning and maintenance product application procedures. If there is a change in personnel or contractor, monitor usage again.

Remove any unauthorized or incompatible cleaning and maintenance products, and educate staff on the potentially dangerous consequences that using the wrong products can have on the slip resistance of flooring surfaces.

Separate cleaning and maintenance materials and equipment between the heavily soiled areas, such as food service areas, restrooms and break rooms, from other areas to reduce the likelihood of transporting a problem from one area to another. Color coding materials and equipment can provide instant recognition for personnel using them and can prevent usage of the wrong materials or equipment in an area of the facility.

Ensure that permanently installed features like carpet runners and mats are included in the maintenance and housekeeping program. These materials need to be regularly inspected for the buildup of contaminants and for deterioration that could lead to the creation of slip or trip and fall hazards. Keep in mind that while mats reduce the likelihood of producing slips, improperly maintained mats can create trip hazards.

Limit the difference in height between flooring surfaces and mats… while frequently inspecting mats to ensure they have not buckled or curled. Make sure that mats are firmly secured to the floor to prevent migration and that the floor beneath the mat is clean and dry. Make sure to evaluate the condition of these changes in height since they can deteriorate and create trip hazards.

Make sure each area has good lighting. Good visibility is essential for the prevention of accidental slips, trips and falls. Evaluate facility and grounds during different times of the day and seasons of the year to determine whether lighting is adequate. Consider the earliest and latest times when visitors, pedestrians or employees are on the premises. Provide additional lighting for walking surfaces, as needed. Don’t forget to include parking areas, stairways and loading docks. Promptly replace any burnt out bulbs.

Regularly review all slip and fall incident reports associated with the facility and understand the critical factors associated with them. Look for trends in location, time of day, etc., and focus staff training on cleaning procedures for these factors. Train workers how to properly respond to slip and fall incidents. All incidents should be promptly investigated. Consult with legal counsel on the best way to document investigation results.

Ensure that staff is well trained in spill prevention and response programs. They need to know where cleanup materials are located and how to use them in the event of an emergency. Instruct staff on the importance of reporting incidents and conditions that could result in incidents, even if none have actually occurred. Such reports will be the first indication of a potential issue that should be addressed.

One of the surest ways to prevent the transmission of dirt, water and other materials from the outdoors to the interior of a facility is to implement a good mat program. Ensure that mats are frequently inspected and are checked regularly for wear and the buildup of contaminants.

In warm weather, place an abrasive mat outside and an absorptive mat inside. In cold weather, put an absorptive mat just inside the door, followed by an abrasive mat. When mats get dirty or saturated, they must be exchanged for clean ones. Offer plastic bags at the entrance for umbrella storage when it’s raining so visitors don’t shake out water from their umbrellas far into the building. A poorly managed and maintained mat program can significantly increase the likelihood of reducing the slip resistance of flooring surfaces.

A walkway auditing program can help identify trends within a facility that can result in reduced slip resistance of flooring surfaces. To be effective, the testing should be completed in a consistent manner and include more than a single set of measurements.

Maintaining open and clear communication between staff, cleaning personnel and the walkway floor auditor is crucial to the identification of trends and elimination of factors that could reduce the slip resistance of floor surfaces.

Make sure stairs comply with the local building code, and that nosings are easy to see — even for a visually impaired person. Stairs need to have very uniform rise and run, and handrails that are firmly mounted and easy to grip. Avoid having confusing carpet patterns on stairs or steps whose appearance make it hard to tell where each step’s nose ends. On hard surfaces, abrasive tapes can help. Outdoor stairs must be slip-resistant when wet and should have stripes on each tread.

Institute a program to regularly inspect all walkways, parking areas, stairs and indoor walking surfaces for condition and maintenance. Repair any unstable surfaces, such as loose tiles or torn carpet. Secure any mats, rugs or carpets that don’t lie flat. Provide adequate clearances for doors, walkways and aisles. Keep floors clean and dry, and remove any obstructions or tripping hazards. Conduct routine monitoring of any walking surface that is periodically wet or icy, such as sidewalks, building entrances or food coolers.

Maintain surveillance of potentially slippery areas, and clean up spills before anyone falls. Instruct maintenance personnel to use “wet floor” signs to mark contaminated areas until the contaminant can be cleaned up.


If you or a loved one is injured in a slip and fall accident and you believe that the accident occurred because of negligence on the part of the property owner, call the law offices of Georgia premises liability attorney Michael Neff to schedule your free consultation.

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Thursday, September 17, 2009

  Georgia Court Confirms Superior Knowledge Doctrine for Slip and Fall Injury Cases

In July 2009, the Georgia Court of Appeals confirmed the superior knowledge doctrine for slip and fall injury cases. The controversial superior knowledge doctrine means that an injured customer or visitor must prove that the property owner had knowledge of the hazard that caused the slip and fall injury. The victim must also prove that he or she lacked knowledge of said hazard and took reasonable care to avoid the hazard.

The superior knowledge doctrine is not a Georgia statute; rather, it has been created and confirmed by various court decision. The Georgia premises liability statute states that a property owner is “liable in damages for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe” when he invites someone onto his property for any lawful reason. Customers of businesses are considered invited guests, or invitees.

Since the burden of proof lies on the plaintiff, many Georgia slip and fall injury cases are dismissed before a trial. If there is no evidence that the owner knew about the hazard, the owner cannot be held liable in most cases. The plaintiff must prove that a hazardous condition existed and that the owner knew or should have known about the hazard. A plaintiff may win a slip and fall case by proving that an employee had actual knowledge of a hazard or that employees should have known about the hazard if they were taking reasonable care to protect customers.

In slip and fall cases, prior injuries of a similar nature may be presented to show that the property owner should have known about the hazard. Likewise, violations of ordinances and codes may also be used as evidence that the owner was negligent and should have known about the hazard. However, even in cases of code violations, the case may be dismissed if the plaintiff also knew about the hazard and did not take reasonable steps to avoid it.

When you’re in a restaurant or other establishment where slips and falls are common, be careful! It is your responsibility to take reasonable care in avoiding hazards. If you suffer a slip and fall injury, collect evidence immediately; this will be vital to your case. Take photos of the hazard that caused the fall. If you don’t have a cell phone camera or digital camera on hand, buy a cheap disposable camera. Collect contact information from witnesses. Make sure that the manager on-duty fills out some type of incident report, and make sure that you get a copy of the report. Finally, see a doctor as soon as possible.

Slip and fall injury cases and other premises liability cases can be vastly complicated. The burden of proof falls on the plaintiff, and it’s often difficult to prove that an owner had prior knowledge of a hazard. However, an experienced personal injury attorney will uncover several different options for pursuing these cases.

If you’ve suffered a slip and fall injury in Georgia, you need an experienced Georgia premises liability attorney. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Tuesday, May 26, 2009

  Slips, Trips, and Falls in Restaurants

Slips, trips, and falls are the most common cause of injury in restaurants among both employees and customers. Think about it . . . Beverages and grease splatter on the floor throughout day, and mopping can make the floor even more slippery. On top of that, simply walking around in most restaurants is an awkward and often dangerous task. The aisles between tables are typically narrow and cramped, and during busy times, servers scurry about carrying large trays of hot food. Considering the environment, it’s a miracle that more people aren’t injured by falling in restaurants.

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.

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Tuesday, May 19, 2009

  Trips and Slip and Falls can be Preventable

CNA has released a report for business property owners “Slip and Fall Control Techniques for Commercial Real Estate Owners” which states that the aging boomer population are more likely to trip or slip and fall and suffer injury.

The article reminds owners and property managers that they are responsible when people are injured due to negligent construction or maintenance - and gives advice on how to prevent injuries from falls.

These aren't insignificant injuries. The report states: "Without question, slips and falls are the leading cause of nonfatal unintentional injuries that are treat in hospital emergency departments."

There are five major causes for slip-and-fall accidents:
1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility

A copy of the report can be found at

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Wednesday, August 6, 2008

  Prevention of Same Level Falls

The National Safety Council has posted an abstract of an article by Sylvie Leclercq dealing with preventing same level falls. Until the beginning of the 1990s, research into the prevention of same level falls was particularly focused on slipping by measuring slip resistance and trying to improve that to make flooring less slippery.

Also studied were the events that happen before and after the person who is falling loses balance. According to the study, same level falls represent at least 20% of all occupational accidents (Skiba, 1983; H.S.E., 1985; CNAM, 1995).

A study showed in 1993 - 2% of fatal accidents in France involved same level falls and 22% of lost work days were due to same level falls. Other studies have shown that
bone fractures are the most common injury caused by a fall (Manning, 1983; Skiba, 1983; Buck & Coleman, 1985; Gagey, 1994).

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Tuesday, July 8, 2008

  What Should I Do if I Trip and Fall on Someone’s Property?

The first thing to do if you trip (or slip) and fall on someone else’s property, and it is not your fault, is to note the condition of the property. Memories can become foggy with time. So take pictures, write notes, and ask others whether anyone else has had similar accidents. If you are able, try to get the names and phone numbers of witnesses. If the property owner or manager is available, let them know about the fall if possible. Look to see whether the property owner took precautions to prevent the accident, such as a warning sign.

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.

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Wednesday, June 4, 2008

  New York Ironworker Slips on Paint Overspray at JFK Airport—Who is at Fault?

Thomas McAndrew, 36, an ironworker, worked at an outdoor construction site at John F. Kennedy International Airport, in Queens. In August of 2006, he walked to an area that housed safety equipment. Amid cluttered boxes, he slipped on paint overspray, fell and sustained injuries to his back and one finger.

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.

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