News & Analysis as of

Slip and Fall

What Must Be Proven in a California Slip and Fall Claim?

A slip and fall occurs when someone loses their balance because of a slick spot or because they tripped over something on the property. As a result, they are injured in some way. Slip and falls in San Fernando Valley can be...more

Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law

by CloudNine on

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Oregon, May 12, 2017), Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request...more

Common Amusement Park Injuries

As the summer months approach, millions of Americans will visit some of the 400 amusement parks from California to Florida for vacations, family reunions, and excitement. While visiting a theme park should be a fun, care-free...more

Growing Older — Safety Resources & Information

Children and the elderly are most often hurt in avoidable accidents in and around the home. The US Consumer Product Safety Commission (CPSC) reports that about 1.4 million Americans age 65 years and older are treated in...more

Theme Park Defense 10 Things to Know

by Rumberger Kirk & Caldwell on

Florida’s theme parks attract millions of visitors each year. Any business with that volume of visitors is certain to encounter litigation. Theme park litigation is unique because it incorporates many different types of...more

The Causes and Impact of Nerve Damage

by Howard Ankin on

Nerve damage can significantly impact every aspect of a person’s life. It can limit their range of motion and hinder their ability to breathe. While some nerve damage is reversible and can be treated, the more severe the...more

Traumatic Brain Injury — What are the facts?

Over 5 million Americans have suffered a traumatic brain injury, or a TBI, and are living with disabilities that range from minor to severe. TBI patients who survive face a lifetime of consequences that affect every aspect of...more

Tragedies on and off the silver screen: How to avoid costly workplace injuries

by FordHarrison on

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror....more

Jury Awards $2.1 Million in Slip and Fall Case

by Tucker Arensberg, P.C. on

Juries in Allegheny County, Pennsylvania have been perceived as being relatively conservative and “Defendant-friendly” in terms of awarding compensation in personal injury cases. This trend has been constant since the early...more

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and...more

Seniors and Falls: A Growing, Preventable Problem

The No. 1 cause of injury to U.S. seniors are falls. They happen at unimaginable rates. A member of the elderly population receives treatment in an emergency room every 11 seconds because of a fall. Someone age 75 or older...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

[Webinar] OSHA's Slips, Trips and Falls Rule Gets a Facelift - February 8th, 1:00pmEST

by Conn Maciel Carey LLP on

Only a few decades in the making, OSHA has finally updated its Walking / Working Surfaces Standard, the regulation that governs slips, trips and fall hazards in general industry. Slips, trips and falls are among the leading...more

How Damages Are Calculated in Accident Cases

by Howard Ankin on

Calculating damages in injury accidents is complex, involving considerations such as disfigurement, the loss of quality of life, ongoing medical costs, losses of earning capacity, pain and suffering, increased risks of future...more

Employers Can Be Responsible for Falls in Parking Lots

Given the icy conditions we are finally beginning to experience this year, our office has fielded multiple calls from clients saying their employees slipped and fell on ice or snow in the clients’ parking lots. Often, the...more

Trial Court Slips And Falls In Granting Motion For New Trial

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial court erred when it set aside the jury verdict and granted Plaintiff’s motion for new trial on the...more

Qualities to Look for in A Personal Injury Lawyer

If you were injured in an accident that was not your fault, whether it was an auto accident, slip and fall accident, or dog bite accident, you may been wondering if you need to hire an attorney to help you file your claim....more

Southern District Refuses to Remand Unremovable Case

On September 21, 2016, a District judge in the Southern District of Florida denied a plaintiff’s motion to remand a case removed from state court, despite finding a valid basis for remand. In Goldstein v. GFS Market Realty,...more

Commonsense Tips for Documenting Reported Accidents

One of legendary coach John Wooden’s sayings goes, “If you don’t have time to do it right, when will you have time to do it over?” While common-sense advice applies across the board, it is particularly applicable to proper...more

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

by Carlton Fields on

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....

by Carlton Fields on

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

by McAfee & Taft on

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

by Seyfarth Shaw LLP on

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

65 Results
|
View per page
Page: of 3
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.