News & Analysis as of

Slip and Fall

OSHA's New Requirements for Workplace Fall Protection

by Pepper Hamilton LLP on

Falls by workers, whether from elevated heights or from the same level, are among the leading causes of work-related injuries and deaths in U.S. workplaces. Originally published in MiMfg Magazine, the membership magazine...more

Getting Back on Your Feet After a Fall Injury

by Howard Ankin on

Falls are the leading cause of injury and death for elderly adults and significant recovery time is often required to repair broken bones, rebuild strength, restore confidence and overcome fears to protect an older person’s...more

How Long Does it Take to Settle a Personal Injury Lawsuit?

by The Roth Firm on

Accidents or injuries are something that we want to avoid all the times. But when it happens, and you decide to take appropriate steps in protecting your legal rights, you need to know more about what “personal injury law” is...more

Pennsylvania Superior Court Upholds Entry of Summary Judgment In Favor of Defendant In Slip And Fall Case

by Tucker Arensberg, P.C. on

In a case with very good facts for the property owner, the Pennsylvania Superior Court affirmed the entry of Summary Judgment against the Plaintiff in a case filed in the Court of Common Pleas of Philadelphia County (Collins...more

Baby It’s Cold Outside…So Remember OSHA’s Cold Stress Guide

by Cozen O'Connor on

As much of the country is experiencing record low temperatures, it is a good reminder that failing to take appropriate measures to protect employees working in such environments and avoiding other hazards associated with the...more

Note to Experts: Do Not Cruelly Disparage Your Client’s Decedent, Curse Out Your Judge, and Flout the Court’s Orders, or You May...

by Reed Smith on

Those of us who practice in the mass tort space spend vast portions of our professional lives dealing with our opponents’ experts. In our minds, we seek only to enforce the dictates of the Federal Rules and of the United...more

The Dead Man's Act - Staying Alive And Well

by SmithAmundsen LLC on

Numerous states have enacted statues (commonly known as the Dead Man’s Act 735 ILCS 5/8-201 in Illinois) aimed to remove temptations of a survivor to testify regarding matters that cannot be rebutted because of the death of...more

Are Falls Falling?

by Kelley Drye & Warren LLP on

On September 26th, OSHA announced that citations for 9 out of the 10 most frequently cited standards noticeably declined since fiscal 2016. According to OSHA data, preliminary violation numbers from last fiscal year dropped...more

OSHA’s 2017 Top Ten List

by Cozen O'Connor on

OSHA recently announced its top 10 most cited violations for fiscal year ending 2017. Although the order may change from year to year, it usually reflects the usual suspects of violations and this year’s list is no different....more

Playing it Safe At Special Events This Fall

by Howard Ankin on

Planning ahead and following safety tips for Chicago fall special events can prevent personal injuries. Special events that draw large crowds always increase safety risks....more

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

OSHA Fall Protection Rule Raises Questions Over ‘Temporary, Relatively Infrequent’ Work

by Jackson Lewis P.C. on

New questions are emerging about key provisions the Occupational Safety and Health Administration’s updated rule to prevent falls. Effective January 17, 2017, the final rule updating OSHA’s general industry Walking-Working...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

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

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

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

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

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

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

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