Articles Posted in Slip and Fall Accidents

According to the American Academy of Ophthalmology, falling and fighting are the top causes of eye injuries requiring hospitalization. As the number one cause, falling was responsible for more than 8,425 hospitalizations over a 10-year period. Fights came in at a close second, resulting in nearly 8,000 hospitalizations. During that same time period, researchers at Johns Hopkins University found that the cost to treat eye injuries in hospitals spiked by 62 percent to more than $20,000 per injury. Contact a Boston Injury Lawyer Today.

The Rising Cost of Eye Injuries

Johns Hopkins study: In response to the significant rise in costs, researchers at Johns Hopkins University set out to determine the most common causes of serious eye injuries, and their associated costs for hospitalization. Between 2002 and 2011, the researchers studied nearly 47,000 ocular trauma patients between the ages of 0 and 80. In addition to identifying the type and cause of injury and the associated cost, they also looked at length of hospital stay.

Serious ocular trauma injury: These largely preventable injuries have become extremely expensive to treat. Common eye injuries include orbital fractions and being pierced by a sharp object. Slip and fall accidents were blamed for 3,000 of the eye injuries reported during the 10-year period. “Unarmed fight or brawl” was cited as the second most common cause of eye injuries requiring hospitalization, but it the most common for individuals between the ages of 10 and 59.

Eye injuries in children: For kids under the age of 10, being accidentally struck by a person or object was the number one cause of ocular trauma. But there is also merit to the oft-shouted warning, “don’t run with scissors,” as the number two cause was being pierced by a sharp object, such as scissors.

The cost: Ophthalmologists studying the spike in healthcare costs for eye injuries are not yet certain of the cause. However, they did discover that costs tend to be higher for older patients and at large hospitals. The patient’s income does not appear to affect the cost. The median cost of treating eye injuries rose from $12,430 in 2002 to $20,116 in 2011. According to the study’s lead researcher, Christina Prescott, M.D., Ph.D., “It could be related to drug prices or administrative costs. Either way, it’s clear we need more targeted interventions to help reduce these types of injuries, many of which are preventable. Continue reading

Winter in Massachusetts can be harsh. Snow and ice can make roads and walkways dangerously slick. Property owners have a duty to take reasonable care when maintaining these areas, but multiple factors can influence this responsibility. For example, some property owners live out of state and pay a plow company to remove snow and ice. If the plow company fails to plow in time, and someone slips and falls on the property, who is at fault? Contact a Boston Injury Attorney Today.

Our Boston injury lawyers have decades of experience in handling slip and fall cases.  One of the first questions you need to ask if you fall and injure yourself on someone else’s property is did the property owner take the necessary steps to reasonably clear their property? We can help you sort this of question out. While homeowners have a responsibility to safely clear off their property, business have the same responsibility.

Slip and fall accidents most commonly occur in parking lots and sidewalks outside of businesses. In commercial settings, property owners often contract with outside companies to keep the property safe and in good condition. This is especially true with regard to snow and ice removal. However, customers and the general public are also expected to exercise reasonable care when walking or driving in an area that is obviously affected by snow or ice. For example, if a customer chooses to go shopping in the middle of a heavy snowstorm and he or she slips and falls in the parking lot, the success of recovery in a lawsuit is low. On the other hand, if a snowstorm ends in the early morning hours, and a customer slips and falls that evening because snow still hasn’t been removed from a walkway, the victim is more likely to obtain compensation for his or her injuries. Continue reading

 

The daughters of a man who sustained injuries in a Danvers, MA slip and fall accident in a Target parking lot will be getting $400,000 in personal injury compensation. Emanuel Papadopoulos was walking back to his car in 2002 when he fell on a patch of dirty ice in the parking lot and broke his hip.

He and his wife filed a Massachusetts premises liability case gainst Target and Weiss Landscaping Company, Incorporated. The latter was hired to get rid of the ice and snow in the lot. Their complaint was dismissed because of the then existing standard, which did not hold property owners liable for injuries involving ice and snow that had naturally accumulated.

It was this case that led to a change in the legal standard for proving negligence in Massachusetts slip and fall incidents where ice and snow are involved. In 2010 the Supreme Judicial Court went on to establish a new standard to hold premise owner accountable about clearing up such accumulations.

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A jury has awarded Brenda Alcala $1.2 million for her slip and fall accident on a sidewalk. The 54-year-old woman shattered her right ankle during the incident while staying at the Courtyard by Marriott Bettendorf. Alcala had to undergo two surgeries. She says that she now has arthritis in that ankle and limps. Alcala may need more surgery in the future.

Following her slip accident, Alcala filed a premises liability lawsuit against Courtyard Management Corp. and Marriott International Inc. Following deliberations, a jury found her 2% liable for her injuries.

Alcala said that because of the slip and fall accident, she had to change jobs and take a pay cut since she could no longer continuing traveling like she did when she was consulting for Genesis Health System. When filing her complaint, Alcala noted that her injury caused her to sustain significant future income loss.

A ruling issued by a federal appeals court in a wrongful death case on a cruise ship could pave the way for medical practice lawsuits for claims alleging negligent healthcare on these types of vessels. This could be significant for cruise ship passengers, who for the last century have been unable to pursue such allegations because of exemptions that have been created through a number of other court decisions. Some 21 million people go on cruises every year.

Now, a three-judge panel of the 11th U.S. Circuit Court of Appeals has decided that the last ruling, known as Barbetta, in 1988 is outdated. The decision in Barbetta determined that cruise ship passengers shouldn’t expect the type of medical care that they would get on land, and medical staff on cruise line vessels are private contractors and not ship employees.

This latest case involves a traumatic brain injury sustained by Pasquale Vaglio on a Royal Caribbean cruise in 2011. After the 82-year-old was involved in a fall accident during a sightseeing trip, a nurse performed a minor exam on him and ordered the older man to rest. Vaglio died from a brain injury days later.

Slip and fall injuries are one of the most common types of personal injury lawsuits. During wintertime, unsurprisingly, there seems to be a hike in these types of accidents, caused by icy or snowy conditions.

Slip and fall accidents are often considered relatively straightforward in terms of liability: the finger can usually be pointed at the owner or possessor of the building or land. Victims who have slipped, tripped and fallen as the result of the property owner’s negligence to heed certain precautions that would have prevented such an accident from occurring, may be entitled to financial compensation for their injuries. Below, we’ve outlined some of the common scenarios which often lead to slip and fall accidents, as well as rules regarding property owners’ rights and responsibilities to ensure their premise(s) are free of slip and fall hazards.

Ice or Snow Outside a Building

Generally, the Massachusetts law doesn’t require a property owner or property possessor to remove ice or snow that accumulates outside his or her building as the result of inclement weather. However, if conditions on the property cause an unnatural accumulation of ice or snow, the property owner may be liable for slip and fall accidents, including when:

– Ice accumulates on the roof and then melts and drips off because of a clogged drain, then refreezes on the ground,
– The surface of a parking lot causes melting ice to form puddles, and then refreeze into ice patches, resulting in slippery surfaces that may cause individuals to fall.
– If a property owner/possessor elects to provide snow or ice removal, he must not do so negligently.

Inadequate Outdoor Lighting

Failing to adequately light an outdoor area may also lead to slip and fall accidents, especially slip and falls in parking lots, trips over curbing, falls on a step or stairs from a parking lot to a store, and trips and falls due to holes, cracks, and uneven surfaces. When these types of situations occur, the property owner may be found liable if he or she knew or should have known of the poor lighting and failed to fix the problem.

Parking Lots

Parking lot and parking garage owners are responsible for maintaining the property so that it is reasonably safe for people to access it. This includes filling and patching cracks and holes and ensuring that differences in height from one section of the lot to another are gradual rather than abrupt.

Sidewalks

Generally speaking, a property owner is not liable for injuries sustained as the result of a slip and fall on a public sidewalk located outside his or her property (property that is owned and maintained by a city or town). In some cases however, an owner may be responsible if a victim sustained an injury on a private sidewalk used only by customers coming to and from the business.
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According to elder advocates, the state’s Executive Office of Elder Affairs, which oversees some 224 facilities, is not properly equipped to protect Massachusetts assisted living residents, who are too often at risk of getting hurt. The Boston Globe reports that assisted living residences in the state are not as tightly regulated as nursing homes. However, many elderly persons-about 13,700 people-are choosing this housing alternative because it is less expensive than the cost of living in a nursing home.

Typically assisted living residents are elderly adults who need help cooking, bathing, or with other daily tasks but can otherwise live independently. Yet because of not enough supervision and inadequate staffing, this type of living situation ultimately could prove more hurtful than helpful.

The Globe says that about 100 incidents in assisted living facilities, including those involving elder abuse and deadly falls, are reported to the Elder Affairs office every week. Some recent incidents include a Stoughton fall accident involving a dementia patient who wandered into a room and fell out of a window on the second floor, a Framingham elder abuse case involving two staffers that allegedly assaulted two Alzheimer patients and filmed a third resident that wasn’t full clothed, and a Revere trip and fall accident involving a man who fell in the bathroom and bled to death before help finally arrived.

According to a study by the University of Michigan Health System, everyone is at greater risk of fall accidents during severe winter weather. Various conditions, including wind speed, snow, and temperature were analyzed into a ‘Slipperiness Score’ to reveal that these factors increase the chances of someone sustaining a fracture in a fall incident.

The study was published in this month’s Plastic and Reconstructive Surgery Journal. Although it focuses on Medicare patients, its authors are the ones who note that this greater fall risk during cold weather conditions is not exclusive to the 65 and over age group. In Massachusetts, our Boston slip and fall lawyers represent clients who sustained injuries from falling or slipping on someone else’s property. Please contact Altman & Altman today to ask for your free case assessment.

Also, according to the University of Michigan Health System’s findings:

With the cold weather come slippery conditions, and an increased risk for slip and fall accidents. Whether you are a homeowner, business owner, or are a visitor, it is important for you to understand ways to protect yourself, loved ones, as well as understand your rights in the event you are injured as the result of a slip and fall accident.

If you are a home or business owner, it is important for you to take crucial steps to prevent slip and fall incidents.

Recent precipitation mixed with frigid weather means ice and slippery walkways.

• Walkways, driveways, sidewalks, and other entryways should be cleared of snow as soon as possible, and salt should be put down to minimize the risk of ice and frozen surfaces.
• Lighting systems covering walkways or driveways should be checked to verify they are working properly. Deficient lighting makes it more difficult for individuals to see patches of snow and ice.
• Entrance steps and handrails need to be continuously inspected for damage.
• Interior walking surfaces, such as entrances, foyers, reception areas, hallways, and stairwells, are all areas common areas where serious slip and fall injuries can occur, and special attention should be paid to housekeeping in these areas.

Slip and fall incidents can result in painful and often serious injuries. Common types of injuries may include serious bruising, broken bones, spinal cord and back injuries, neck injuries, serious head injuries, or lacerations.
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After a mild start to the New England winter, snow showers and freezing temperatures are in the forecast for the Boston area this weekend. Weather forecasters are predicting a winter storm that will most likely bring snow and an icy mix to the area, with some places getting as much as 6 inches. Though some may see the snow as a cheery reminder of the approaching holiday season, it is still important for you to remain aware of the risks that can be caused by the snow and ice. As a pedestrian, you can take precautions against falls by wearing heavy treaded shoes and taking special care to avoid black ice, thin sheets of ice that appear to be wet pavement. You should avoid carrying heavy items and using shortcuts, which may not be cleared. Plan ahead so that you can afford to walk slowly and take smaller steps.

Unfortunately, even when you take these precautions, you can be taken by surprise when walking through a badly maintained property. Property owners have the responsibility and legal obligation to ensure the safety of their properties. Owners of businesses, restaurants, stores, and parking lots must make sure that there are no unsafe or hazardous conditions. This includes the removal of natural and unnatural accumulations of ice and snow. When an owner doesn’t take responsibility for his property, the results can be disastrous.
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