If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
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Police Sued Over Privacy Violations
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
Frivolous Lawsuits Get too Much Publicity
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Dog Bites and Liability
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
Daycare Worker Arrested for Raping Children
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
Class Action Against LinkedIn Reveals Importance of TOS
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Can You Sue a Company for Mishandling Your Information?
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
Why Do Personal Injury Attorneys Turn Down Cases?
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
How Do You Sue on Behalf of a Child
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Some Common Misconceptions About Slip and Fall Injuries
Imagine that you walk into a store and end up tripping over a pallet of goods that was left sitting in the middle of the sales floor. This is obviously negligence on the part of the store owner and you should have a good chance of winning a lawsuit against them, correct? Think again. There […]
How Slip and Fall Injuries Are Investigated
Slip and fall injuries are among the most common and, unfortunately, quite devastating types of injuries that people sue over. These types of injuries can occur at private residences and commercial establishments. Lawsuits over these incidents are more frequently filed over injuries that occur in commercial spaces, though some residential property owners find themselves being sued over such injuries. If you have been injured in a slip and fall accident, you may want to talk to an attorney about it. They have resources that can help to get you compensation, in some cases.
What They Look For
What a personal injury attorney will be looking for if you want to bring in a slip and fall injury claim is an instance of negligence. This would mean unreasonably putting someone at risk by action or inaction. In a slip and fall accident, a common form of negligence is not placing signage on wet floors, causing people to unknowingly step on them and fall, potentially injuring or killing themselves.
If the slip and fall injury occurred in the workplace, the attorney may start looking for OSHA violations or other instances where the employer was negligent and where the employer essentially set up a situation where it was inevitable that one of their employees was going to get injured or worse. Attorneys can utilize experts to make determinations as to whether or not you were put at unreasonable risk.
For example, if you had taken a tumble down the stairway because the stair railing had broken loose, the attorney might hire a building inspector to see if it was ever up to code in the first place. They would likely also look into whether there had been complaints filed about it in the past as well as whether the property owner had ever taken action to remedy the situation. Attorneys are very good at investigating these matters, so you don’t have to worry about having your entire case mapped out in your head when you come into the attorney’s office for the first time.
Should You Sue?
The first thing you need to understand about slip and fall injuries is that they are sometimes extremely damaging. Lives are continuously lost in slip and fall injuries, particularly in cases where people end up taking a tumble from a height or when they fall on an extremely hard surface, such as the tile flooring used in retail establishments.
If you have been injured in a slip and fall injury and you believe that the property owner was negligent and that they put you at risk, talking to an attorney is a good idea. A Houston personal injury attorney will let you know whether your case is worth pursuing.
Call us for a FREE consultation at 713-771-5453
Product Recalls : Step Stools Recalled
On May 10, 2012, the US Consumer Product Safety Commission (CPSC) announced the recall of Folding Step Stools by Kennedy International of Dayton, NJ. The stools were found to have been a flaw that causes them to break or collapse when in use. As of the press release, there had been at least 15 reports of the stools breaking or cracking. There were three injuries reported, which included a broken leg and a back injury. Consumers must stop using these products immediately and contact Kennedy International. You will be issued a refund by the company.
The Product
The step stools are 9- and 13-ince folders. They are plastic and equipped with a carrying handle. Look for the following style numbers:
- 3575 for the 9-inch
- 3576 for the 13-inch
You’ll find the model number printed on a sticker. It’s located on the legs. There is also a label that says “Kennedy Home Collection” on some of the stools, but not all of them. They were produced in a wide variety of colors and color combinations, so any stool of any color may be affected.
These stools retailed at the following stores:
- HomeGoods
Marshalls - TJ Maxx
They were also sold at other stores. They are manufactured in China.
Trip and Falls and Product Liability
Trip, slip and fall injuries are among the most hazardous. It’s possible for a healthy adult to die from a fall, so it’s imperative that you stop using these products right away. In addition to the threat of being killed, serious injuries can and have results. A broken leg can cost thousands and thousands of dollars in medical expenses, so it’s important to remember that even reparable injuries such as these can be enormous financial hardships.
Getting a Slip & Fall Attorney
Lawsuits provide a way for the victims of defective products to get compensation for their injuries. There are some instances where these claims end up paying a great deal of money to the plaintiffs involved, so be sure to investigate whether or not this is an option for you. The easiest way to do so is to simply sit down with an attorney and to discuss the matter with them. There are some instances where you may have a claim and others where you do not, so you’ll have to talk to an attorney specializing in personal injury law to get sure about the mater.
Other Considerations for Personal Injuries
Remember that it’s illegal to sell any recalled product. If you have a product that was recalled in your possession, the right thing to do is to contact the manufacturer or the retailer where you purchased it. There are generally remedies offered right away. If you were injured using the product, write down what happened and be sure to contact an attorney about the matter. You’ll want to make sure you know what types of medical expenses you endured because of the product and you’ll want to make sure you were using it according to instructions. Any property damage should also be noted. An attorney may be able to file a winning lawsuit for you.
If you have been injured in a Slip & Fall accident, call us for a FREE consultation at 713-771-5453
Premises Liability and Event Venues
Summer always means that a lot of big events will be held around the Houston area. Music concerts, fairs and other activities can sometimes draw thousands – or even much larger crowds – to get in on the fun. Premises liability law sometimes becomes relevant because of how people are injured at these activities. Here are some things to consider if you were injured at a venue where an event was being held.
Negligent Security
When you go to certain types of concerts, you are taking risks. For example, some concerts traditionally have what are called “mosh pits” in the audience area where people routinely slam into each other, throw each other on the floor and engage in other rather extreme forms of dancing.
When you’re at such a venue, however, and when you’re injured by somebody who should have been stopped by security, you may want to speak with a personal injury attorney. There are obviously situations at certain concerts where you’re going to be more likely to be injured than you would be at other types of concerts. The security, however, still does have an obligation to provide a safe environment and a good lawyer may be able to help you go after the venue owner if they did not provide adequate security for the safety of their guests. If you were seriously injured – such as in a trampling incident – be sure to speak with an attorney right away.
Dangerous Venues
Even though there may be an event going on, the venue is still responsible for providing a safe environment. If you suffer a slip and fall injury, tumbled down a flight of stairs or were otherwise injured because the venue owner did not pay adequate attention to providing a safe environment, you should speak with an attorney right away. There may be nothing you can do about it but, then again, the attorney may find that you have a lawsuit that is very much worth your while to pursue.
Keep Safety In Mind At All Times
If you’re going to attend concerts and other large events this summer, be sure to be safe. Filing a lawsuit against a venue owner who was negligent is generally the best option in the very worst possible situation. Make sure you choose venues wisely, stay out of crowd presses, and pay attention so that you’re aware if something bad is about to happen at the concert or other event or if things are generally going to get out of control for whatever reason.
If you are injured and you believe that there was negligence on the part of the venue owner, it’s best to speak with an attorney right away. There are limitations on how long you have to file a personal injury claim and, because of that, a good attorney will want to speak with you as soon as possible. The meeting is generally without any obligation on your part and provides a way for the attorney to hear your story and to determine whether they want to represent you in court.
Why Personal Injury Cases Matter
In many instances in the media, personal injury claims are cast in a bad light. In fact, they’re blamed for making insurance rates go too high, for bringing up the cost of healthcare for everyone and for myriad other problems. These claims are largely exaggerated. In fact, personal injury cases are vital to the people who file them. When you consider for a moment what these cases are really about, it’s easy to see why this particular part of the law is so vital.
Negligence of Others
To put it in the simplest terms, somebody who was negligent simply failed in every regard. They failed to do whatever a normal person in their situation should have done to have protected the life and limb of another. People are oftentimes victimized by the negligence of others. It may be the drunk driver who slams into you from behind when you’re making a turn on a weekend evening or it may be the shop owner who doesn’t flag a tile floor as being slippery and wet, ending up causing a fall that causes serious injury.
Negligence can end up costing hundreds of thousands of dollars to the victims, sometimes even more. Tallying up the costs of medical expenses, lost wages, ongoing medical treatments, pain and suffering, loss of quality of life and all of the other things that typically go into a personal injury lawsuit quickly racks up quite a number.
Even if the law does end up punishing somebody who was negligent – sometimes the negligence does carry with it the threat of serious legal sanctions – it doesn’t end up helping their victims very much. It may feel good for the victims to know that whoever ended up harming them via their negligence gets punished but, when those bills start rolling in, the good feeling isn’t going to last long.
Lawyers Fight for People’s Rights
Whatever else attorneys are characterized as doing in the media, they do fight for the rights of their clients. That is their primary occupation. Lawyers are typically the types of individuals who are willing to fight the smallest point of the law for as long as it takes to get their clients what they deserve. A good personal injury lawyer can make certain that, no matter how un-even the playing field is between a victim and the negligent party that harmed them, the victim’s right is upheld. This takes a lot of tenacity, it takes a lot of courage and it takes a lot of skill.
If you’ve been injured because of the negligence of another person – whether it’s a doctor, a truck driver, another passenger car driver – or anyone else, the civil courts are there to help you overcome the difficulties and the harm that it caused you. Personal injury lawyers are there to make certain that those civil courts do work for you. Personal injury claims do matter. Without them, many of the people in Texas and the rest of the country would have no way to fight back against moneyed, powerful and sometimes otherwise unaccountable agencies that do them harm. Asserting your rights starts with talking to a lawyer.
The Law Offices of Blaine A Tucker offers FREE consultations to injury victims. Call us at 713-771-5453 to protect your rights.
Suing Retail Establishments
Suing over injuries sustained at a retail establishment is sometimes the only option the victims have to move on with their lives. These lawsuits are sometimes cast as frivolous in the media; oftentimes by industry advocacy or tort reform groups that have an ulterior motive. The truth about these injuries is that they are sometimes very serious. When you consider how hard the floors are at most retail establishments, it’s easy to see how seriously someone could be injured in a slip and fall accident.
Recent Lawsuits involving retail establishments
There are always lawsuits going on over these situations. A woman in southeast Texas recently sued one of the largest retailers in the nation over such a situation. Her lawsuit alleges that there was a power outlet that was protruding from the floor, that she tripped on it and that she was injured. It is further alleged that the owner of the store knew about the problem, knew that it posed a real threat and failed to do anything about it. This is precisely negligence and that is why the woman is suing.
Liability and Risk
If you take a risk that makes you negligent, you cannot sue the retailer. For example, if you pulled the outlet out of the floor at the above-mentioned retailer’s establishment and tripped over it on your own, that’s really not their fault. If you run down a stairway and slip and fall, it’s likely not their fault, either; stairways are made for walking. You have to have been doing nothing that put you at undue risk to sue someone over one of these cases.
An attorney can help you to determine whether or not a lawsuit is appropriate in your circumstances. If it is, they may want to represent you if they think that they’re the right professional for the job.
What Do You Sue For?
Personal injury claims require that you break down your injuries and other ways that you came to harm, quantify how much they cost you in dollars and offer that amount as your desired jury award. Your attorney will help you do this. You could end up suing for, among other things:
- Pain and suffering
- Medical expenses
- Lost wages
- Wrongful death
Your personal injury attorney will help you to determine what applies in your case. There are definitely a lot of factors that go into determining how much to seek in a lawsuit. Your attorney will have to give you guidance in this matter.
Getting Started with a slip and fall lawsuit
Contact an attorney right away. This ensures that you act in time and that you don’t miss your opportunity to file a lawsuit because of time limitations. Your injury attorney may want to meet with you right away, but this doesn’t mean that they’re taking your case. They’ll have to get all the facts before they can make this determination.
Remember that your attorney is there to help you. If the retailer offers a settlement to get you not to sue, be sure you contact your attorney and that you don’t take it before you consult with your lawyer.