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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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Tuesday, January 19, 2010

  Gwinnett County Community Mourning Two Accidental Winter-Related Deaths

In the wake of the recent snow and ice storms, a Gwinnett County middle school is left mourning two students who fell through the ice and died in the freezing water.

Fourteen year old Jacob Bullock and thirteen year old Marvens Mathurin died in the afternoon on Jan. 9 when the ice on the lake at the Daniel Creek subdivision in Dacula broke under them. Alex Paul, fifteen and a third friend, was also present and also fell into the water. Paul survived the ordeal to give an account of what happened. In light of the deaths of his two friends, his story becomes a cautionary reminder to respect the dangers of this cold weather.

Paul explained that he Bullock and Mathurin went to the frozen lake at their subdivision that Saturday afternoon after seeing some girls playing on the solid ice. He says that they spent twenty or thirty minutes playing on the ice themselves after the girls left. Paul and Bullock were heading toward the shore when they heard Mathurin calling out behind them.

“He said, 'Alex, help me please,'" Paul said as he described the event. Looking back, he discovered Mathurin had broken through the ice.

Paul dropped to his stomach to crawl across the ice back toward his friend, while Bullock walked behind him. Paul explained that then, "The whole ice collapsed and Jacob fell in.”

“I tried to get myself out but the ice kept breaking,” Paul said. “I told Jacob to do like I was doing but he said he couldn’t do it.”


Mathurin and Bullock disappeared under the icy water while Paul continued to struggle and eventually was able to make his way back to the shore. He reached the shore just as emergency response personnel arrived. Tommy Rutledge, a spokesman for the Fire Department, said that the rescuers made seeing to Paul their first priority. Their training also demanded that they not go in the water until their equipment had arrived.

When their boat finally arrived, firefighters moved out onto the lake to recover the bodies of the two dead boys. Much of the neighborhood - including a number students at the boys' school - were present to see the bodies as they were brought ashore.

Neighbors and classmates, nearly 300 of them, remembered the boys on the day after the accident. They arrived at the lake 24 hours after the drowning to pay their respects, share memories and offer prayers. Two wooden crosses were added to the shoreline scenery to collect tokens of the survivors’ grief: teddy bears, balloons, and flowers.

Osborne Middle School augmented their counseling staff with an additional eight grief counselors and psychologists to help students deal with their loss. The sudden deaths stunned both students and faculty, many of whom saw the two boys at a basketball game on the day that they died.

“For many kids, this is their first loss,” said John Campbell, the school principal. “This is not a normal day at Osborne Middle School.”
We often think of ice accidents as occurring in the northern part of the country, but this incident is an all too startling reminder that accidents can just as easily occur here at home. The next time freezing weather strikes, encourage kids and adults alike to stay off the ice.

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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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Sunday, May 3, 2009

  Atlanta Attorney - Injury Personal

Have you suffered a personal injury? Are you worried about how you're going to pay your medical bills? Atlanta personal injury attorney Michael Neff can help.

Michael Neff specializes in tractor trailer wrecks and other automobile accidents, suing drunk drivers for personal injury, violent crime attacks, medical malpractice, injuries on the job, and falls, trips, and slips of all kinds, whenever another party is liable for negligence.

Injuries to Your Person

Motor vehicle collisions make up the most common type of personal injury cases. Medical malpractice and medical neglect are also common.

Sadly, nursing home neglect is all too common. Signs of nursing home neglect may include frequent injuries, pressure ulcers, broken bones, heavy medication or sedation, malnutrition, dehydration, rapid weight loss or weight gain, and unexplained death. If you have a relative or loved one in a nursing home, visit them often. If you suspect neglect, you may want to file a complaint with the Georgia Department of Human Resources Office of Regulatory Services or pursue legal action.

Businesses and property owners may be negligent. If their negligence causes a personal injury, then you can sue. Property owners, for instance, must provide adequate security and notice of dangerous conditions.

If you're injured by a defective product or your neighbor's dog, then you may be entitled to compensation as well.

And, of course, you'll likely sustain a personal injury if someone attacks you intentionally, as in the case of violent crime.

Injuries to Your Reputation

Defamation, the issuance of a false statement about you, may injure your reputation, business, or livelihood. Libel includes making a defamatory statement in print, while slander involves oral defamation.

Injuries to Your Property

Theft, embezzlement, wrongful conversion, and vandalism may cause injuries to your property. Often, a property damage claim will need to be filed separately from a personal injury claim. An experienced lawyer will be able to tell you how to best proceed.

Get the Personal Injury Compensation You Deserve

If you've suffered any of the above injures, then you may be entitled to compensation. It is your legal right to hold accountable whoever caused your injury and associated impairment, medical bills, loss of income, and decreased quality of life.

During the aftermath of a personal injury, contacting an attorney may be the last thing on your mind, but it's important to do so quickly. (You can bet that the opposing insurance company will have an investigator on the scene as soon as possible!) As time passes, evidence may disappear. If your attorney can investigate the case promptly, you'll have a better chance of being awarded the benefits you deserve. Additionally, your claims may be waved if they're not brought about in a timely manner; thus, you can lose your chance of recovery if you don't act promptly.

Michael Neff - Atlanta Attorney - Injury Personal

To consult with an attorney about your personal injury questions, please send your questions or concerns via e-mail to mneff@mlnlaw.com or call (404) 531-9700. For more information, see Personal Injury – Atlanta, Georgia Personal Injury Lawyer.

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  Atlanta Traumatic Brain Injury Lawyer

Traumatic brain injuries are a leading cause of death and disability in Georgia. A traumatic brain injury, or head injury, occurs when sudden trauma causes damage to the brain. It may be the result of a car or truck accident, a fall, a blow to the head or of an object piercing of the skull and brain tissue. Symptoms may be mild to moderate, ranging from headaches to seizures, changes in thinking and behavior, and other serious neurological problems.

Traumatic brain injury is most common among those between the ages of 15 and 24 and above 75. Young children are also at high risk for head injury.

Treatment of traumatic brain injuries may include surgery, pharmaceuticals, rehabilitation (including physical therapy, occupational therapy, and speech therapy), and psychological counseling.

Approximately half of those with severe head injuries require surgery. Common disabilities resulting from severe head injury include problems with thinking, memory, and reasoning; problems with sensory processing of sight, hearing, touch, taste, or smell; changes in behavior or mental health, including depression, anxiety, and aggression. Serious brain injuries may also lead to unresponsive states, coma, or vegetative states.

Traumatic brain injuries may also cause personality changes; in fact, this may be the most noticeable symptom. In 1848, for example, railway worker Phineas Gage suffered a severe head injury when an explosion sent a three-foot iron rod through his skull. He never lost consciousness. While he survived the accident; Mr. Gage, a formerly quiet, mild-mannered man became a totally different person – crude, obscene, and self-absorbed. His personality problems persisted until he died nearly 20 years later.

Often, only close friends and family members notice the personality changes that result from traumatic brain injury. These changes may not appear until days or weeks after the injury.

If you or someone you love has suffered a traumatic brain injury, you can learn more from the Brain Injury Association of America. You may also be interested in Traumatic Brain Injury: Hope Through Research, a booklet about traumatic brain injury prepared by the National Institute of Neurological Disorders and Stroke (NINDS).

Unfortunately, people with traumatic brain injuries often face economic hardship on top of physical, mental, and emotional problems. In the United States, direct medical costs of brain injury plus indirect costs (like lost productivity) total over $60 billion per year!

A life-changing head injury can make you feel helpless, hopeless, and frustrated – but you do not have to face it alone. Michael Lawson Neff can help. As an experienced Atlanta traumatic brain injury lawyer, he has the expertise and resources to help you win your claim. Michael Neff will help you conquer those feelings of helplessness and hopelessness by securing your future with just compensation.

Situations in which someone else may be at fault for a traumatic brain injury include vehicle crashes, sports-related accidents, work-related injuries, assault, slips and falls, and product liability. Additionally, children may suffer brain injury from poisoning by lead paint dust in older homes and apartments.

In Georgia, if someone else's action (or lack thereof) contributed to a traumatic brain injury, victims and their survivors may sue for damages including medical costs, lost wages, pain and suffering, and property loss.

My personal injury clients are not "cases" to me; they are people whose lives have been forever changed through no fault of their own. – Michael Lawson Neff, Atlanta Traumatic Brain Injury Lawyer

If you believe that someone else may be legally responsible for your head injury or that of a loved one, contact Michael Neff as soon as possible. He will help you get the compensation you deserve. It's important to act now because evidence may be compromised or lost as time passes. Contact Michael Neff now at (404) 531-9700 or lawyer@mlnlaw.com. For more information, see Traumatic Brain Injury.

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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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Saturday, July 12, 2008

  According to the National Safety Council, your home may be dangerous place

Falls constitute the largest percentage of deaths and disabling injuries. How can that be so? Improperly constructed stairways, ramps, landings and porches contribute to fall accidents around the home. How safe is your home? Protect yourself, and visitors who could trip, fall, and file a lawsuit against you.

In Georgia, each county will likely have a building code stating requirements for construction and safety of stairways, ramps, landings and porches in all standard building codes. Failure to follow these would likely result in the construction being hazardous and unreasonably dangerous. Check over these and make sure your home is safe for you—and visitors.

· Stairs: According to the 1994 Standard Building Code, “Treads (depth) and risers (height) should be proportioned so that the sum of two risers and a tread, exclusive of projection of nosing, is not less than 24 inches nor more than 25 inches. The height of the riser shall not exceed 7 3/4 inches and treads, exclusive of nosing, shall be no less than 9 inches wide.”

· Handrails: The 1992 CABO code requires one and two family homes to have handrails for stairways having three or more risers. Handrails are to be located not less than 30 inches nor more than 38 inches above the leading edge of the tread.

· Guardrails: Guardrails are required for balconies, porches, ramps, landings and open sides of stairs, which are more than 30 inches above a finished ground level or floor below. Depending on the structure classification, guardrails shall be a minimum of 36 inches high according to CABO or 42 inches high according to the Standard Building Code.

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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 11, 2008

  Ironworker Awarded over $800K for “Junk Brick” Fall

An Illinois ironworker had his ankle crushed by a powerlift after he fell on uneven ground at a brickyard work site.

Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. Mr. Hepner’s construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface.

The defense attorneys for company Global Glay argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over Mr. Hepner's foot. Mr. Hepner was awarded $810,315 by the court. Have you, or do you know someone in Georgia who has been injured at a dangerous work site? Call or email the Law Offices of Michael L. Neff. No one should have to endure medical bills and lost wages from an injury that was no fault of their own. We can help.

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