Personal Injury Law Blogs

The Great (Dry) Wall of China: International Product Liability?

When you purchase a home or business structure, you expect it to meet certain quality and safety design standards, including those related to health. Unfortunately, many people across the United States have recently been finding out the hard way that not all contractors and builders are playing by the same rules. In fact, recent lawsuits have shed light on a very difficult and potentially hazardous health concern within the construction design industry – Chinese-made drywall.

What’s the Problem?

As of right now, the exact potential for health hazards related to Chinese-made drywall is still being investigated. Many people who have experienced the effects of Chinese drywall in their homes and businesses have reported foul odors arising from the drywall itself, and this has led to people moving out of buildings for fear of health issues.

The Big Risk

While the issue is still being investigated, some experts, such as New York University environmental studies professor Morton Lippmann, have claimed that the odors being experienced by home and business owners essentially amount to sulfur smells coming from Chinese-made drywall, and these odors are known to exacerbate symptoms in those suffering from pre-existing sinus problems. It should also be noted, however, that other researchers have suggested that those individuals who are pre-disposed to respiratory problems may have a harder time dealing with the gases being given off by the Chinese-made drywall.

How Real is the Problem?

Nachman Brautbar, who is a toxicologist at the University of Southern California School of Medicine, believes that the potential for danger does still exist, despite conclusive scientific evidence to prove that Chinese-made drywall is causing health problems. In his opinion, the gases being given off by these drywall products certainly deserves more scientific study and speculation before any further steps should be taken. The Chinese manufacturing industry, on the other hand, believes that the vast majority of media cases involving the country’s drywall products are being spurred on by fear and sensationalism.

Has Product Flaw Affected You?

If you currently are experiencing strange, sulfur-like odors emanating from your drywall, or if you feel that you are experiencing health problems as a result of the construction materials within your home or business, you may need to seek out the services of your primary care physician in order to determine whether damage has actually occurred. Additionally, according to our Albany personal injury attorney, you may want to get legal advice to see if you are due compensation for any injuries or the potential for injuries you might have sustained as a result of poorly designed construction materials.

As mentioned, the case against Chinese-made drywall is still an ongoing issue, and one that has become a major legal topic in the last decade. In fact, after Hurricane Katrina hit the New Orleans area, many people were displaced and offered new housing that used Chinese drywall, and as a result, those who have suffered under the wrath of Mother Nature are now potentially suffering continued health risks. If you’re unsure as to the safety of your home or business, don’t risk potential health effects. Contact a personal injury lawyer today to discuss your options and ensure your future. Even if scientific studies are yet to be conclusive, you may still have a case, meaning you may still be due compensation for the potential injury inflicted upon you and your family.

Ann Bailey is a former journalist who posts this report on badly designed construction component dry-wall to alert consumers and designers alike.  Consumers who may be affected can seek advice from the office of Bottar Leone, an Albany personal injury attorney who specializes in product design flaw liability and consumer protection and remuneration.

Workers Compensation: Know Your Rights

An alarming number of United States workers are injured or killed on the job.  Workplace safety is a serious concern, and one that too many employers take lightly.  Hard working people are placed in harms way by carelessness and disregard for human life.

The statistics are staggering.  Every day in the United States workers are injured and 13 people are killed on the job; most of the injured workers hire a workers compensation attorney for guidance. Hard working people and their families suffer when employers disregard the laws and regulations put in place for worker safety.  While many people think of workplace deaths as a problem mostly found in developing countries – the statistics speak otherwise. According to the United States Department of Labor, in 2010 4,690 workers were killed on the job.  That is 4,690 families that will never again see their loved one due to a workplace accident that will forever change their lives.

“Every day in America, 13 people go to work and never come home. Every year in America, nearly 4 million people suffer a workplace injury from which some may never recover. These are preventable tragedies that disable our workers, devastate our families, and damage our economy. American workers are not looking for a handout or a free lunch. They are looking for a good day’s pay for a hard day’s work. They just want to go to work, provide for their families, and get home in one piece.”

– Secretary of Labor Hilda Solis, Workers Memorial Day speech April 26, 2012

Laws have been passed to increase workplace safety.  These laws and regulations are aimed at decreasing the number of workplace accidents, injuries and death.  Many regulations seem like common sense to those who are actually walking beams at a construction site. However, to the politician who is far removed from the sparks of a welding torch, many “common sense” rules had to be deeply researched and recommended by advisors. Establishing laws and regulations is the tool the government uses to help protect workers. Unfortunately, even with additional regulation in place, many workplace accidents still occur. In 2011 the amount of work related fatalities decreased by only 81.  While every life saved is an important step in eliminating work related deaths, we still have a long way to go – just ask one of the 4,609 families that lost a loved one in 2011.

Some states have taken the federal legislation and expanded upon it. New York State has developed its own program to ensure workplace safety, DOSH Workplace Safety & Loss Prevention.  This agency program requires employers with a payroll of over $800,000 and an experience modification rating over 1.2 to undergo a comprehensive safety and loss prevention consultation. This program seeks to teach employers how to better implement procedures and processes around increased safety.  Safety consultant’s work with employers on a one on one basis in an effort to make sure no life is lost.

The government is trying to increase the safety of US workers and they will continue to enact more applicable policies and regulations aimed at reducing workplace injuries and deaths.  Even with increased regulation there are over 4 million families that are impacted by an avoidable workplace accident annually. It is the responsibility of the employer to make sure that they take every precaution to keep their employees safe.

Is your construction or engineering company taking the extra step to keep your employees safe? What precautions are you currently implementing?

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of David Resnick & Associates : A construction injury lawyer located in New York City.

Industrial Deafness Caused by Noise in the Workplace

Industrial deafness, also referred to as noise induced hearing loss, is a condition that impairs a person’s hearing due to long exposure to loud noises. Exposure to loud noises for a long period of time can cause temporary and even permanent loss of hearing and can cause conditions such as acoustic shock syndrome in a person that has been exposed to a loud unexpected sound.

Acoustic shock disorder is an involuntary response when a person is exposed to a ‘traumatic acoustic incident’ which causes symptoms such as tinnitus, hyperacousis and psychological symptoms like post-traumatic stress disorder and phonophobia. People that have been exposed to acoustic shock usually describe the shock as feeling like they have been stabbed or electrocuted in the ear. Symptoms can be of short, temporary duration or they can be permanent – requiring further treatment.

Noise Induced Hearing Loss can be prevented by following these steps:

  1. Protective earmuffs are earplugs should be worn when exposed to high noise levels for a long time. If your workplace is constantly noisy then taking off your protective equipment even for a few seconds can expose you to damaging ear levels.
  2. Look after your hearing protection so that they always work correctly. If your protection gets damaged, let your employer know and get them fixed/replaced straight away.
  3. Try to position yourself in a way that the machines sound isn’t in a direct path to your ear, causing the sound to pierce your ears.
  4. Don’t stay in a high volume are for long periods of time. Take breaks from the area where volumes are the loudest and retreat to a quieter place.
  5. Let your employer know about any unnoticed hearing hazards. Letting your employer know about hazards will not only help yourself but also work colleagues.

Employers should regularly measure the level of noise in your workplace and if you think anything extra can be done to ensure the safety of others’ hearing then you should never be too afraid to mention it to your employer. Damage to your hearing is almost always permanent so putting yourself at risk of hearing loss can be devastating to some. Legally, employers are required to provide information about industrial deafness, along with training and proper hearing protection for employees that are exposed to consistent noise levels over 80dB.

There are many environments that yield risk factors associated with hearing loss, some noises which you should be mindful of are:

  • Invasive Noise. Exposure to this kind of noise can result in Industrial Deafness, it can be found in loud nightclubs, outside on a busy street, around loud cleaning equipment and factories with loud machines.
  • Noise that causes you to raise your voice. If you are in an area where you cannot have a normal conversation with someone standing 2 metres away without raising your voice then you could be at risk of being affected by hearing damage.
  • Industrial Equipment. Working in industries such as construction, mining, engineering and foundries exposes you to dangerous levels of noise as these industries use loud machinery as a necessity. Using loud tools or machines for just 30 minutes a day could cause industrial deafness.
  • Loud Impact Noises. This includes noises such as gunshots, explosives or hammering. Listening to constant loud impact noises can expose you to permanent hearing damage.

It is important that measures are taken to prevent permanent hearing damage, so if any of these bullet points are relevant to you, then you should consider notifying your employer and protect yourself with earmuffs or earplugs.

The Control of Noise at Work Regulations 2005 stipulates certain requirements that an employer (and employee) should follow in order to reduce noise exposure in the workplace. These requirements include the responsibility to assess the risks to employees from noise at work, to take action to reduce noise exposure, to provide employees with hearing protection if noise reduction cannot be achieved, to make sure the legal limits of noise exposure are not exceeded, to provide employees with information, instruction and training, and to carry out health surveillance.

Employers should also identify hearing protection zones correctly to show areas where hearing protection is compulsory. These zones should be marked with signs that are easy to see. Proper information on caring for your hearing protection should be available to employees and the employee should ensure that hearing protectors are properly used and maintained.  Potential noise exposure and risks should be outlined, and what can be to done to control the risks. Information on where and how people can obtain hearing protection should be easily accessible, and information on how to report defects in protective equipment.

Personal Injury Lawyers such as Bartlett Solicitors who deal with industrial/world related personal injury accidents are able to handle claims for Industrial Deafness, to advise employees with legal advice for how to claim compensation for their injuries.

Product Liability Claims

At every aspect, everyone is a consumer of many different products and services that we get around us. And we expect the product to be safe and well utilized since we pay for it, nevertheless there exists situations when a person is harmed by a defective product, hence every affected consumer is legally eligible to claim compensation under product liability law from the person who manufactures or sold the product.

Under the European Product Liability Directive (EPLD), a producer is liable for damage caused by defects, but may have a defense if it can be proved that the defect occurred after the product was placed on the market. And we consumers have all the rights to expect that the products we buy are safe to use, and are properly warned about any dangers they may present about the product.

Especially in the UK and Europe the insurers are facing increasing product liability claims in what is becoming a more litigious environment. There are instances when some products may be faulty or defected and as a result they cause serious personal injury to consumers. Therefore the producers, manufacturers, importers even retail shops should ensure that products are safe and have to take an active approach in preventing harm, otherwise they fall into risk of being sued, fined or imprisoned. With the recent scenario, when the yogurt manufacturer receive claim against the defect in the product, the manufacturer had traced the production batch and found no defects in other yogurts of the same age. But later the defect in yogurt was found in supermarket when it was stocked, while the store admitted that the yogurt had left the producer in perfect condition and the amount of mould was consistent. Consequently, the court held that the supermarket was liable to the claimant.

According to the Consumer Protection Act, all consumer goods such as pharmaceutical products, medical devices and engine parts. The Consumer Protection Act 1987 is the relevant UK act that introduced strict liability for damage arising from defective products in the UK. The Consumer Protection Act (CPA) provides a long stop period which requires that any claims brought under this act are brought within 10 years from the date that the specific product was put into market. In case of defective product, a claim must be issued within three years of the date of injury caused by a defective product. And it is necessary to prove a causal link between the defect and harm.

There has been a noticeable trend of claims inflation within the healthcare sector in recent years. According to the health regulators about 14,000 people were exposed to the steroids, which were used as pain medications. Although Product-liability claims against doctors or hospitals are not always allowed, nearly 23 people have died and 300 have been infected in the meningitis outbreak, the victims of a deadly U.S. meningitis outbreak have sued the physicians and clinics that administered tainted steroid shots.

Over the past years, in Scotland many of the people were suffered from injury or death due to the complications caused by the legal high Annihilation products sold online as herbal incense which is more dangerous and left nine people hospitalized within the space of three months.

Gad Law’s no win no fee solicitors will help you to successfully win a personal injury claim for the accident victims

Will 2013 be A Bad Time to Claim Injury Compensation?

The introduction in 1995 of Conditional (No Win No Fee) agreements in personal injury cases transferred the burden of funding litigation from the state back to the claimant. Claimants were required to pay up to 25 per cent of their compensation to an accident claims solicitor which left injured people undercompensated, and in serious cases unable to afford the future care or therapy that they require.

In 1999 the government legislated to transfer the burden of funding from the claimant to the defendant, so the insurers of the losing defendant would pay not only the base legal costs but also the claimant’s costs insurance and the success fee.

However the present government does not accept this principle of full compensation and want the claimant to contribute towards the costs of bringing a claim to court. Claimants will effectively return to funding cases from April 2013 again, again being asked to pay for a success fee, insurance, and up to 25 per cent of damages, which will no longer be recoverable from the defendant.

This will cause several problems – certain types of claims such as whiplash related injuries may diminish as many claimants will be unable to fund any litigation costs. Any claimant with devastating permanent injuries may be faced with either losing a quarter of his compensation or risks not finding a lawyer who can take on their case.

In addition Solicitors may have no choice when bringing a case to court, other than charging the client a 25 per cent success fee, in order to ensure they do not end up out of pocket following an unsuccessful claim.

Clough and Willis Solicitors are experts in personal injury compensation claims and a member of the Law Society’s Personal Injury Panel. To arrange a free initial meeting to discuss your individual needs and how we can help phone 0800 083 0815 or email chris.macwilliam@clough-willis.co.uk.

 

How To Make a Personal Injury Claim

Personal injury claims have rapidly increased over recent years. According to the Actuarial Profession, the number of personal injury claims in the UK increased by 18% in 2011 compared to the previous year. Therefore, you are not alone if you have had an accident that wasn’t your fault and would like to know more about how to make a personal injury claim.

What is a Personal Injury?

A good place to start is to discuss what actually constitutes a personal injury claim. The best way to determine whether or not you have valid grounds to make a claim is to consider how you have been affected as a result of the accident:

  • Has your ability to work been affected?
  • Has your quality of life changed for the worse?
  • Are you in financial difficulty as a result of your accident/injury?

There are a number of different personal injuries and each individual case is different in terms of how the injury was sustained and how severe it is. Therefore, you need to seek the advice of a personal injury solicitor to give you specific advice related to your case and the likelihood of the claim being successful.

Proving that someone else is at fault

The most important part of any potential personal injury claim is to ensure that you are able to prove that someone else is either partially or fully responsible for your accident. This could be by slipping on a wet floor that wasn’t correctly signalled by a wet floor sign, or tripping over cables at work that weren’t properly covered.

A good way of highlighting someone else’s fault in the incident is by gathering as much evidence as possible to support your claim. Featured below are a few pieces of evidence that are usually extremely useful in personal injury claim cases:

  • Talk to witnesses – Witnesses are the best form of evidence to support your case as they can also give an accurate representation of events that will help to prove that the accident wasn’t your fault. As a result, it is essential that you take down the details of any witnesses who could potentially support your claim.
  • Take photographs – Photographs are a great way of showing why your accident occurred. For example, if you tripped over a raised tile on a step, take a picture and prove that’s why you tripped.
  • Fill out the accident book – If you have an accident at work or in a public place such as a gym, there should be an accident book for you to fill out. It is advised that you complete this as soon as possible to record the accident. Be sure to retain a copy for yourself for safekeeping.
  • Medical reports – First and foremost, your health is the number one priority. Therefore, if you sustain a personal injury it is essential that you head straight to the hospital or local GP practice to receive medical treatment. The medical reports will also be used as evidence in any potential injury claim as they state what injuries have been sustained and how severe they are.

 

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. We pride ourselves on offering easy to understand, plain English injury claims advice on a wide range of different injury related topics. There are also a number of extremely useful tools such as the Compensation Calculator, which can give you a compensation estimate in less than a second, and the Injury Claims Guide is at hand to answer all of your personal injury related questions.

Can I Claim For Whiplash If I Wasn’t Wearing A Seatbelt?

If you have suffered a whiplash injury through no fault of your own, you will be entitled to claim compensation for the damages you have wrongfully endured. However, what happens if you have contributed towards your injury because you were not wearing a seatbelt? Will you still be able to claim? Or will you have to forgo your right to make a claim? In this article we address these questions, helping you to understand whether or not you are still entitled to compensation.

Contributory negligence

When making a whiplash claim, it is necessary to establish causation. This means your solicitor must prove that the other side is responsible for your injuries. This can be achieved through a variety of evidence, including witness statements, notes in your medical records and a written report by an independent medical expert.

But establishing the link between your accident and your whiplash will become a little more complicated if you have in some way contributed towards the extent of your injuries. Most commonly, this will be due to the fact you were not wearing a seatbelt. This is known as contributory negligence, and means that your actions (or inactions, as the case may be) have influenced the extent of your whiplash injury.

Failing to wear a seatbelt is against the law, so you may wonder whether you still retain the right to make a whiplash claim. The simple answer is yes, even if you were not wearing a seatbelt at the time of the accident, you are able to claim. This is because the other party will still be deemed negligent, as their failure to display due care and attention will have caused the accident in the first place.

Nevertheless, your actions will have had an impact upon your injury. This will be taken into consideration when a compensation settlement is being decided upon. Indeed, compensation is supposed to reflect the pain and suffering you have wrongfully endured; but if you have in some way participated in this pain and suffering, your compensation must be altered accordingly. It is difficult to say how much your settlement may be reduced by, but generally speaking you will receive 25% less than you would have had contributory negligence not been a factor.

Thinking of making a claim?

Even if you were not wearing a seatbelt when your road traffic accident took place, you can still make a claim. If you would like to do so, please contact us today at 1stClaims. We have a team of specialist whiplash solicitors ready to help.

Aftermath of a Dog Bite- Legal Actions to Take

Dogs are one of America’s favorite domesticated animals. The companionship that they offer has earned them the title “man’s best friend”, but unfortunately, a pet canine is only as friendly as their owner leads them to be. Some owners keep their dogs chained up all of the time and even train them to be vicious, and either of these cases can lead a dog to be dangerous to the general public. Being bitten by a dog is a detrimental occurrence, so it is important for everyone to know the steps to take after such an event.

Seek Medical Attention

The most important thing to do after being bitten by a dog is to seek medical care. If the attack was severe, it may be necessary to call 9-1-1 and get immediate medical attention or have someone drive you to the hospital.

Do not think that just because a dog bite seems minor that it can’t cause major issues. A bite from a rabid dog can actually cause death in a human, and even if the dog isn’t rabid, numerous infections can occur from the injury. Regardless of any other issue related to the attack, medical attention is an absolute necessity.

Find the Owner and Report the Incident

It is utterly essential to find out who the owner of the attacking dog is. This is true for a few reasons. If you accrue any costs due to the incident, it is up to the dog’s owner to reimburse you. The second reason, which may be the most important, is to find out if the dog has rabies.

Calling the local sheriff or animal control is another essential step to take after being attacked. If authorities are able to pick up the offending dog and test it, you will be able to avoid a rabies shot if the dog is healthy. If you were bitten by a stray dog or don’t find out who the owner is, doctors will have to administer a painful treatment to ensure that you don’t catch the deadly disease.

Gathering Evidence

Gathering evidence related to the attack is also important after a dog bite. This can include the name and address of the dog’s owner and witnesses to the attack. If the bite isn’t very serious, this information should be gathered immediately following the attack so that there’s no chance of essential parties to the event disappearing.

It’s also important to take pictures of the wound that you have suffered. If you were unable to do this before receiving medical attention, it’s vital to remove the wound’s dressing to get a picture. This piece of evidence will be crucial when trying to recover compensation for the damage you suffered.

Contact a Lawyer

Many people fail to realize the importance of finding an experienced lawyer after sustaining a dog bite. According to lawyers at chicago-injuryattorney.net most dog owners are not willing to admit fault on their part for their pet’s actions, and will likely even claim that it was your fault that you were attacked. This can make a personal injury claim drag on for years. A seasoned lawyer can expedite this process and get a dog owner’s homeowner’s insurance to compensate you for your injuries.

Suffering a dog bite can lead to several damaging repercussions, both emotional and financial. Handling a dog bite correctly from the onset is the only way to ensure that your health and wallet stay fully intact. Seeking medical attention is the most important step to take after being bitten, but ensuring that you are taken care of financially afterwards is a close second.

Katie Hewatt is a legal researcher and contributing author for chicago-injuryattorney.net, a law firm that specializes in personal injury cases in Chicago. The Chicago Injury Attorneys have experience with dog bite cases and will help clients recover compensation for medical bills, lost wages, pain and suffering, and disability costs. The firm offers a free consultation for all new cases where they will answer their client’s questions and look over what type of compensation can be recovered for their case.

Injured as a Result of Your Employer – Is Your Job in Danger?

(US law and generally) Work injuries can create tension among employers and employees, but the situation usually is dependent on the employment relationship. Workers employed by an employer that does not divert responsibilities are usually still in good graces if the employee is allowed to work on light duty. Most employers do not have any “light duty” workers unless they are office positions. In most cases, it is not a good idea to continue working while injured. It is important to remember that the employment market allows employers to make all decisions on employment on an “at-will” basis of the employer.

What is the “At Will” System?

Individuals that own a business have the authority to make any and all business decisions at their own discretion. According to our Allentown injury lawyer, the business owner has great latitude unless an employee is hired under an individual or union contract. Union contracts establish parameters for employers in terms of equitable treatment. In addition, discrimination laws can also apply in many cases. Any violations in these areas can make an employer vulnerable to negligence lawsuits as well as responsibility for compensatory damages for any on-duty injury.

Workers Compensation Insurance

Valid employers normally do not want an injured worker to continue working unless the employee is released by a doctor. This responsibility does not stop for employers choosing to carry their own protection by solvency. The actual employer is determined by the party required to pay the workers compensation insurance premium or qualify for individual solvency. It is important to know your actual employer and their insurance status. Always make sure any on-duty injury is properly reported and documented and seek medical attention of some type, regardless of severity. These are crucial documents in establishing material evidence of any injury that may result in a court case. An injured worker could be terminated if there is no way to establish location. Be sure to file the injury and get a copy of any pertinent paper work when possible, including medical records.

Self-employment and Work-related Injuries

This is an area that can easily be legally problematic. Any worker that is self-employed should carry their own compensation insurance if necessary. It is a protection and is more important than many individuals realize. Being self-employed is effective for many people, but it is never a good idea to work without being an established business of some type. Self-employed workers that are licensed and bonded should be legally established, including a current business license. Most states require individuals who are validly self-employed to carry workers compensation insurance on themselves. Other issues of employer negligence still have a legal remedy, such as punitive damages for a contractor who may be operating illegally or violating safety regulations. Responsibility for an injury does not exclude other contracted parties from all responsibilities, but the injured worker can rest assured that the claim will be contested. Work-related injury responsibilities are usually the reason most employers use this business model.

Doctors will normally not release a patient until they are certain the injury is fully healed, so working injured is not always an option. The short answer to the question is yes, there are cases where an employee will be in jeopardy of termination due to a work-related injury. Working under an oral agreement is not a good idea because the threshold for enforcement is normally $500 and a contractor needs no reason to replace a worker. Luckily, there are still some legal remedies, but workers should always be aware of the ultimate “at-will” basis of the employment market.

Chris Bennett is a legal researcher and contributing author for an Allentown injury lawyer. Injury law is a complex arena and understanding your rights to recover compensation may be difficult to understand. If you are looking for a injury attorney,  the Philadelphia injury lawyers of McMahon, McMahon & Lentz are experienced and well versed in all manners of injury law.

Slip and Fall – How to Prove Negligence and Win Your Case

(US law and generally) The number of slip and fall incidents appears to be on the rise. The National Floor Safety Institute recently advised that the restaurant and food service industry spends more than $2billion as a result of this type of injury. We look at how to prove negligence and win your case when you make a claim.

The Case For A Claim

Many consider that slip and fall cases are straightforward and easy to prove but in reality that is not how it is. The hard truth is that a good number of claims are simply not viable either due to problems in proving negligence or lack of damages. That is the key to success, providing strong evidence of the defendants negligence will be the gauge to a successful claim, the stronger the evidence the stronger the claim.

What the Law Says

The Laws that we are governed by basically state that everyone has a duty of care to watch where they are walking. This is the doctrine of comparative negligence and will be the rule that is applied to most slip and fall cases. For example, if someone falls or trips as a result of pre-existing defective condition the injured person will probably be found to have contributed to their own injury.

The vital factor in a successful claim is if the plaintiff’s negligence exceeds the defendants own level of negligence then there is cause for a claim.

 Causes Of Slip And Fall Claims

The aforementioned defense is very often raised in almost every legal claim so the attorney acting for the plaintiff has to overcome this obstacle with strong evidence, and the stronger the better. Here are some of the common causes of slip and fall claims –

  • Holes or gaps not properly signed or cordoned off
  • Broken concrete or paving slabs
  • Food or liquid spillage left unattended
  • Debris left in dangerous position
  • Lack of proper slip resistance material in vulnerable areas

Proving Negligence

There are many places that a serious injury can occur from shopping malls to construction sites and every case is of course different and the level of claim is dictated by the severity of the injury sustained. In general there are a number of key points that have to be proved if a claim is to be successful. They are –

  • The owner of the property owed the plaintiff a duty of care but the owner breached that duty of care by committing some sort of act of negligence that can be proven.
  • The plaintiff has to prove that the act of negligence was the actual cause of their injury and that suffered damage as a result of this.

These cases can be proven and successfully won if you can demonstrate that the defendant failed to take reasonable steps in order to protect their employees of customers. Areas to concentrate on when making a claim are a lack of suitable warning notices, a lack of documentation showing a regular cleaning or maintenance schedule and any related evidence that clearly suggests that the defendant failed to take reasonable steps to deal with a potentially dangerous or hazardous situation.

Making a successful claim for a slip and fall injury is all about being fully prepared with supporting documentation and evidence such as photographic details, so that a positive outcome can be achieved as swiftly as possible for the plaintiff.

Guest post contributed by Max Cooper on behalf of the Injury-Settlement-Guide.com – read more about parental liability.  Max is a freelance writer who has worked extensively as an attorney in the insurance industry. His articles appear on legal blogs.