Archive for the ‘Premises Liability’ Category

How to protect yourself from a dangerous slip and fall accident

Many of us will hit the road this summer for family vacation fun, visiting area hotels and restaurants along the way. Unfortunately, these destinations are ripe for slip and fall accidents. According to the National Safety Council, approximately 25,000 people a day are victims of slip and fall accidents, accounting for over 8 million hospital emergency room visits. Slip and falls are the number one cause of accidents in restaurants with over one million guests injured annually as a result of restaurant slips and falls. Statistics show that most restaurant slip and falls are directly related to wet or unsafe flooring, inappropriate footwear, and inadequate hazard identification.
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Slip and fall accidents can bring your holiday fun to a halt

With the hustle and bustle of the holiday season upon us, many of us will be rushing around on streets and sidewalks covered with snow and ice. This makes the risk of slip and fall accidents even greater. In fact, the U.S. Centers for Disease Control and Prevention lists unintentional falls as the top cause of nonfatal injury seen in hospital emergency rooms, with more than 2.5 million injuries treated annually, including more than 21,700 deaths. According to Zurich, a leading property insurer, most slip, trip, and fall incidents occur on another’s property and happen most often in a parking lot or parking garage. This location accounts for up to 35 percent of all incidents, with the average slip and fall due to winter weather conditions costing an average of $12,808. Following close behind are falls on stairs, ramps, sidewalks, lobbies and entrances, with nearly 20 percent of all winter falls occurring on sidewalks.
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Denver Premises Liability Attorney – Bachus and Schanker Reviews Diane McMurtry

Video Transcription
I fell, it was a slip and fall on ice in my apartment complex. When I fell, after getting my mail, I went and slipped on a piece of ice that I did not see and when I hit the ground I dislocated my elbow and shattered the bone in my arm. I don’t really remember too much, I was in extreme pain, I was having a hard time getting up because I only had the one arm and every time I moved, the pain would shoot up my shoulder. The fact that I had a little dog running around loose that I was trying to get back to me, um, that pretty much was it. Basically, was trying to get back to my apartment at that time so I could make a phone call and have somebody come and help me. My whole thought process at the time was not to sue anybody but just to ask for help with my medical expenses…through the company that owned the apartment complex. When they (apartment complex owner) didn’t want to call me back or check back with me after six attempts, a friend of my said “I’ve heard good things about Bachus & Schanker and maybe you should call them.” And that is when I finally called for help. It was late, just before Christmas one day when a lawyer called me and said he was on his way to my house with paperwork that I had to sign so they could move forward with the lawsuit because nothing was happening. So, I even had door to door service which was way more than I thought would ever happen. Thank you for your dedication, it was a small case, but I appreciate everything that you have done to get it finished and get it settled. You have a great group of people working here at Bachus & Schanker.

Denver Premises Liability Attorney – Bachus and Schanker Reviews Diane McMurtry

Top 5 things you need to do after a slip and fall accident

Slip and fall accidents are one of the leading causes of unintentional injuries in the United States, accounting for approximately 8.9 million visits to the emergency room each year and costing nearly $60 billion in economic losses. According to the National Floor Safety Institute, slip and falls are the leading cause of hospital visits, and falls are the second-leading cause of unintentional death in homes and communities, resulting in more than 25,000 fatalities in a given year. Adults aged 65 or older account for four times the number of fall deaths than any other age group. In fact, one out of every three seniors over the age of 65 will experience a fall in their lifetime. And for Americans aged 65 to 84, falls are the second leading cause of injury-related death, and also account for 87 percent of all fractures in that age group. The common causes of slip and fall accidents are spills, freshly mopped floors, electrical cords, rugs, lack of handrails, clutter and debris, poor lighting, standing water, and wet or damaged stairs and walkways – often resulting from the negligence of others who have a duty to keep areas safe.

In Colorado, the main question with any slip and fall case is the duty of care owed an injured person. If a person was invited, directly or indirectly, to a commercial property such as a store or a restaurant, the owner, occupant or lessor of that space is responsible for exercising reasonable care to the person, known as an “invitee”. Individuals who enter a property for their own benefit, such as a houseguest to a friend’s home, are known as a “licensee”. A property owner owes a licensee a duty of care to prevent potential foreseeable danger on their property. And in some cases, even trespassers can hold a property owner liable if a known dangerous condition was present at the time the trespasser entered the property.

While taking extra care around hazardous conditions may help you avoid a slip and fall, sometimes a dangerous or unknown condition, such as icy pavement or a discarded beverage on a staircase, can still cause injury, so if you are injured on someone else’s property make sure to follow these important steps to protect your rights:

  1. In the case of a serious or life-threatening injury, seek immediate medical attention and avoid making any statements that might make it appear that you were at fault
  2. File an accident report with police or the property owner before you leave the premises and obtain a copy of that report
  3. Never sign anything without a lawyer present since property or business owners may try to get you to sign a waiver releasing them from any liability
  4. Take photos of the scene and document any hazardous conditions, such as cracked payment, a torn rug, or other unsafe conditions
  5. Obtain contact information from any witnesses at the scene

If you or a loved one were injured in a slip and fall accident, contact a knowledgeable Colorado personal injury lawyer who can evaluate your case and get the recovery you deserve.

Bachus and Schanker Client Review – Karen Mason

Video Transcription
Well, I was going to my daughter’s house. I walked into her property and knocked on the door and said “Hi” to my grandson and checked on him. And as I was leaving, I went straight to the curb of the sidewalk and as I took my right foot to step down, I slipped and I didn’t have nothing to grab on so I was kinda of scared I was going to fall back and hit my head but it didn’t work out that way. I fell and broke my ankle in three places. I was just devastated because I never thought I could break a bone in my whole life. So I was just, I was just sad because I knew it was going to take me away from work. I had no way to pay my bills and just being off. All I could do is call my kids and see if I could get to the doctors and they take me and make sure that I didn’t really, that I didn’t damage myself that bad but I knew that I had broke my ankle at that time. I did hear it crack. My daughter requested Bachus & Schanker. You guys were just excellent and very good. Just come to Bachus & Schanker they do a great job, excellent and they are always there for you. Thank you.

Bachus and Schanker Client Review – Karen Mason

Summertime Pool Safety Can Reduce Serious Injuries

Summer’s here, which means outdoor fun in the sun. And as temperatures rise, many of us will be cooling off at our favorite swimming pools. While a visit to a public watering hole or a friend’s backyard pool might seem like the perfect way to spend those long, warm summer days, lack of supervision is one of the leading causes of swimming-related accidents. According to the U.S. Consumer Product Safety Commission, each year there are more than 200,000 swimming-related injuries in the United States. Without proper supervision, adults and children can suffer preventable injuries, such as slip-and-falls or diving board and slide accidents.
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Backyard Safety for the Summer

When the weather warms up, the back yard can either become a haven where you spend time with your family enjoying the outdoors, or it can become a health hazard, lying in wait to injure your children and pets. You are the deciding factor. Take steps to keep your back yard safe this summer.

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Six-Year Old Girl Dies from Pool Injuries

Six-year old Abigail Taylor died last week from injuries she sustained in June 2007 when she sat on a wading pool drain at the Minneapolis Golf Club. The powerful suction caused a tear in her rectum and she was disemboweled. They later found Abigail’s intestine in the pool’s filter. Abigail’s family and attorney maintain she was seriously wounded because the cover of the drain had been removed.

From 1985 to 2004, at least 33 children ages 14 and under died as a result of pool and spa entrapment, and nearly 100 children were seriously injured. But according to the U.S. Consumer Product Safety Commission and Safe Kids Worldwide, the number of entrapment deaths could be much higher than reported. Because entrapment is generally a little-known risk for drowning, it is possible that many drowning deaths have not been classified as entrapment.

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