Slip and Fall

News & Analysis as of

Look, up in the sky! It’s a bird, it’s a plane, it’s… uh oh… a Super Lien!

Liability insurers have always gnashed teeth over the dreaded “super lien” – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation....more

11th Circuit Awards Humana Double Damages Under Medicare Secondary Payer Act

Humana Medical Plan, Inc. v. Western Heritage Insurance Co., case number 15-11436. Liability insurers beware, as the 11th Circuit held that Medicare Advantage Organizations (MAO) are entitled to the same rights...more

Medicare Advantage Organizations May Sue For Double Damages Under MSP Act - Humana Medical Plan, Inc. v. Western Heritage Ins....

On August 8, the Eleventh Circuit Court of Appeals decided an issue of first impression in the circuit under the Medicare Secondary Payer (MSP) Act. In sum, the Eleventh Circuit held that a Medicare Advantage Organization...more

Gavel to Gavel: Summary judgment, or letting the judge do her job

Justice is blind, but judges are not. That is why judges are empowered, through a process called summary judgment, to decide whether a case deserves to go to trial. But while the law trusts trial judges to discern...more

NIOSH Offers Free Training Program to Help Employers Address Safety Risks Faced by Home Healthcare Workers

Seyfarth Synopsis: NIOSH releases a comprehensive training curriculum that home healthcare employers can use to minimize safety risks and prevent OSHA citations. We had blogged previously about OSHA’s “Strategies and...more

Establishing Negligence in a Slip and Fall Case

Slip and falls are consistently among the most common causes of accidental injury in the United States. These incidents have the potential to leave victims with extremely serious injuries. This is particularly true for people...more

Kinast v. Target

Jefferson T. Collins Prevailed by Summary Judgment in a Premises Liability Negligence Matter - On behalf of his client, Target Corporation, Jefferson T. Collins, Jones, Skelton & Hochuli, prevailed by summary judgment...more

Slip And Fall Accidents On Private Property

If you are a guest on someone’s property, such as their home, and you are injured in a slip and fall accident, can you file a claim to recover financial compensation for your injuries? In California, generally speaking,...more

News from AGG's Retail Industry Team

To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. ...more

Keep Your Food on the Plate and Off the Floor: What Every Restaurant Should Do to Prevent Slip-and-Fall Accidents

The average restaurant has between 3 and 9 slip-and-fall accidents every year. In fact, an estimated 3 million foodservice employees and 1 million guests are injured annually from slip-and-fall accidents at restaurants. The...more

OSHA Withdraws Long-Planned Rule To Reduce Slips, Trips And Falls

In what can only be viewed as another example of OSHA’s inability to effectively advance its rulemaking agenda, OSHA recently withdrew from the Office of Management and Budget (OMB) review of its quarter-century-in-the-making...more

What to Expect from OSHA in 2016: Michaels Discusses Hazard Alerts, Silica Rule, Reporting, and Other Priorities

On February 11, 2016, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health and the head of the Occupational Safety & Health Administration (OSHA), spoke to 170 members of the oil and gas well...more

Dangerous Jobs: CTA Workers Health & Safety at Risk

Chicago’s network of trains connects millions of workers with their jobs, and families with their homes each month. Keeping this system up and running is the responsibility of the Chicago Transit Authority and the army of...more

Residential Landlords May Be Responsible for Snow Removal Due to Past Conduct

Under Ohio law, a residential landlord ordinarily has no duty to remove natural accumulations of ice and snow from common areas under his control when the lease is silent on the matter; ice and snow removal from steps and...more

Snow, Ice and the Dangers of Winter

The winter months are fraught with injury risks, and many residents of Chicago do their best to prepare for the dangers of snow and ice. Damp, slippery conditions can lead to injury, and many injured parties and property...more

Avoid Slips, Falls and Other Winter Injuries in Chicago

When winter comes to Chicago, the seasonal change brings injury risks along with the holiday festivities. Some of winter’s hazards are obvious. For example, most Chicago drivers know how to navigate snowy and icy roads, and...more

Slip and Fall Accidents are a Leading Cause of Death and Disability

Accidents that are attributed to slips, trips, and falls are more common than many Americans realize. According to the National Floor Safety Institute (NFSI), fall accidents are the leading cause of injuries that result in...more

How Long Was That Slipping Hazard on The Floor?

Woodland Hills personal injury lawyer, Barry P. Goldberg, fields many questions about premises liability, slip and falls and business owners’ liability. The most common misconception is that a store owner is somehow...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Common Causes of Slip and Falls

It might sound surprising, but with over 1 million people visiting emergency rooms due to slip and fall injuries each year, falls are the leading cause of personal injury accidents in the country, and the San Fernando Valley...more

Navigating the Slippery Floor

Slip and fall claims are not limited to guests and customers. If you are an employee, and your employer is a non-subscriber of workers compensation coverage in Texas, a slip and fall used to mean big bucks. Maybe not...more

When an Accident Results in a Spinal Cord Injury

Spinal cord injuries can be among the most serious form of injuries caused by a Woodland Hills auto accident. Your spinal cord carries is your body’s “communication highway” and its vital, sensitive nerves act as messengers...more

New OSHA Inpatient Facility Review Guidance Focuses on Five Workplace Hazards

On June 25, 2015, the Occupational Safety & Health Administration (OSHA) issued a memorandum regarding inpatient health care settings. The memorandum does not create new law. Rather, it provides guidance to OSHA compliance...more

Plaintiff Tripped Up By Summary Judgment

According to the Centers for Disease Control and Prevention (CDC), over 8 million people were treated in U.S. emergency rooms in 2013 for slips, trips, and other accidental falls, making such accidents the leading cause of...more

LA Superior Court Gets a Taste of its Own Slip and Fall Liability Standard

Woodland Hills personal injury lawyer Barry P. Goldberg is very careful about which slip and fall/trip and fall cases he accepts. There are many reasons for this caution, not the least of which is that there are many...more

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