SLIP & FALL ACCIDENTS & PREMISE LIABILITY
We see many “slip and fall” and/or “trip and fall” accident cases at indoor and outdoor malls, restaurants, pubs, fast food chains, hotels and motels, clothing retailers, home improvement centers, city government buildings, hospitals, apartment complexes, warehouses, grocery stores, coffee shops, nursing homes, even laundromats and beauty salons, and many other public and private locations where people can fall and get seriously injured. There are special laws that govern whether or not the floor, stairs, lighting or lights, handrails (if any), drains, curbs and chairs were maintained in a safe manner. We have the experience and the experts to successfully prosecute these claims against the resources and wealth of some of these businesses and insurers, particularly retailers. We use time-tested techniques against facility managers to establish that more often than not dangerous conditions and unsafe practices at these locations are generally a function of them choosing profits over safety. And, there are special laws and jury instructions that hold these entities responsible for periodic and written inspections referred to as the Ortega rule, that strictly require companies to inspect their premises and facilities at regular intervals to prevent spills, or simply a broken drain or other defects in the floor or the building. We have the experience required to locate and preserve the surveillance camera tapes which often show the accident and/or the lack of maintenance and inspection. In a slip fall case where our client sustained serious neck injury requiring fusion we achieved a $1 million settlement because we proved that the home improvement center purposefully placed large handcarts in the aisles to encourage shoppers to buy impulse items near the checkout, despite the documented and clear dangers that the carts present to unsuspecting shoppers when left unattended in the aisles and walkway. This was a case, and it usually is the case, where these companies care more about profit than the safety of their customers, the shoppers. We also handle warehouse accidents involving forklifts and unloading cases, which are also a form of premises cases.