Articles Posted in Premises Liability

Common Household InjuriesSerious household injuries are more common than one might think. In fact, more than 10 million individuals every year visit the emergency room as a result of injuries occurring on their residential property. These residential injuries account for more than 6 million or more insurance claims every year, where victims are seeking financial recompense for their medical expenses, lost time away from work, pain, suffering, mental anxiety and other types of damages and losses.

Common Types of Household Injuries Involving Guests

The most common forms of household injuries involve slip and fall accidents, drug overdoses, backyard drownings, electrical burns and dog attacks. Many residents and visitors are injured every year in slip and fall accidents by falling from ladders, falling downstairs and slipping on spilled liquids and slippery surfaces.

Trip and Fall Cases and How Hard They Are to ProveTrip and fall accidents happen all too often and typically end with serious injuries. When these kinds of accidents are caused by the negligence, carelessness or recklessness of others, victims often seek legal recourse for compensation. Common areas were trip and fall accidents occur include ramp ways, doorways, uneven surfaces, heavy traffic areas, stairways, unstable working surfaces, unguarded heights and outdoors on slippery or wet surfaces caused by ice, snow or rain.

Hundreds of thousands of individuals in the U.S. suffer a serious injury from a trip and fall accident each year. In fact, nearly 40 victims – mostly the elderly – die each day of a slip and fall accident. Even though these are common occurrences, only a few trip and fall claims and lawsuits are ever filed and resolved. Out of that, only a handful of victim cases that are finally heard by a judge and jury are ever resolved successfully. This is because trip and fall cases are often more challenging than many individuals think.

Proving the Facts

What to do When you Fall Down a StairwayIf you have fallen down the stairway, you are likely suffering serious injuries. This is because as your body fell, it had the potential of striking many hard surfaces before the falling stopped. As a result of your injuries, you are likely facing extensive medical bills, time away from work and financial obligations that are difficult to meet. So exactly what are your legal options for seeking recompense to pay your bills and recoup your lost wages?

Both indoor and outdoor stairway accidents are common occurrences for a trip and fall incident. When a stairway accident happens on another’s property, victims have the legal right to seek damages. This is because many stairway slips and falls can be prevented by the property owner, manager, landlord or occupant. Many of the preventable reasons that individuals fall on stairs, steps and stairwells involve:

  • Collapsing or crooked stairways

Premises Liability with Building CodesEvery year, hundreds of thousands of individuals suffer serious injuries in accidents that occur on public and private property. In many of these cases, problems with premises liability arise concerning the building’s design, construction and compliance with complex local, state and national building codes.

Building codes are essential to designing and constructing safe buildings and facilities. These minimum standards must be followed to create a safe environment for occupants and visitors. There are building codes for every facet of construction from the foundation to the rooftop. The codes regulate materials, components, design and building practices to ensure the durability and safety of the structure and its systems including mechanical, electrical and plumbing.

Additionally, building codes involve the installation of the buildings fire sprinklers, energy uses, emergency escapes, ADA compliance, exit signs, smoke detectors, elevators and accessibility. In addition to establishing building codes, the state also takes various means to enforce the codes and punish violators. Common violations often involve structural defects, missing exit signs, dangerous stairways, leaky gas fittings, faulty electrical wiring, malfunctioning sprinkler systems and absent emergency lighting.

Umbrella policies Impact Personal Injury CasesIn recent decades, America has become a lawsuit-crazy society. The greater increase in assets and earning power, the more at risk we become than the greater the need we have to protect ourselves. Many households, property owners and companies become targets of lawsuits and claims for compensation by anything that happens at home or at work. As a result, many of us purchase umbrella insurance coverage to protect ourselves against litigation. But exactly how does umbrella insurance coverage protect defendants in a personal injury case?

Nearly all of us purchase a homeowner’s insurance policy as an effective tool for safeguarding our property that can be damaged by wind, fire, flooding or natural disaster. However, the policy may not provide coverage or only minimal coverage in any event where an individual suffers injury on the premises. This means if visitors at home suffer injuries from a trip and fall or swimming pool accident, the policy will likely cover the injury claim.

In fact, the most common types of premises liability lawsuits for homeowners and property owners involve:

Getting the Most Money for your CaseIf you have been injured in an accident, you may be frustrated by all of the conflicting information you’ve received by insurance companies, television commercials and on the internet. It is easy for the victims of accidents to make mistakes that greatly reduce the amount of compensation they are able to claim and the recovery process can be extremely daunting when you know that every decision you make has an impact on the financial impact of your injuries.

The good news is that there are ways you can increase the value of your claim following an injury and to increase the likelihood of success if you file a lawsuit. The Rosenfeld Injury Lawyers LLC are happy to provide you with any information that you need following your injuries and can answer any additional questions that you have about personal injury cases throughout the Chicago area.

Initial Steps to Take Following an Accident

If you’ve been in an accident, it may be difficult for you to remember to do everything needed to protect your legal interests. Your primary concern should be your personal well being and the treatment of your injuries, but if you are able to do the following things or have someone do them on your behalf, you will protect your interests in the event that you choose to file a lawsuit against the party responsible for your accident.

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Five Factors That Will Help or Destroy Your Personal Injury CaseWhy Some Personal Injury Cases Are More Valuable Than Others

If you have been involved in an accident or injured in any way, one of the most pertinent questions on your mind may be that of what your case is worth and whether the pursuit of a lawsuit is in your best interest. Many victims are tempted to take the initial offers made by insurance companies because they are unaware of their rights or have no idea whether it is worth it to pursue additional compensation.

Regardless of whether you decide to retain legal representation following an injury, it is important to consult with an attorney for an initial evaluation of your case so that you are aware of your legal options. Should you file a lawsuit, the following factors may affect your claim and the amount of compensation that you receive.

Evidence of Liability

The most important aspect of your case is the ability to both determine who was liable for your injuries and then to prove that your injuries were the result of the at fault party’s actions. If you’ve been in an accident and the defendant’s insurance company feels that you lack the evidence necessary to prove liability, your claim may be denied. During the process of discovery, accident reconstruction experts as well as medical professionals can help recover evidence critical to your case which is why it is crucial that you speak with a qualified attorney sooner rather than later following an accident.

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Deadly Accident with Construction SitesThe efforts of three teenagers attempting to steal metal rods from a local construction company ended in tragedy on Thursday, August 21, 2014. Brick and concrete panels weighing up to 34,000 pounds fell unexpectedly, pinning one of the teenagers under the collapsed wall in the south suburban business yard. Authorities say the teen died at the scene of the accident.

The office of the Cook County medical examiner identified the 16-year-old youth as Dallas Harden from Alsip. The resulting autopsy indicated that the teenager’s death was the result of multiple crushing injuries caused by the collapsing concrete wall. The death of the youth has been ruled an accident by the county corner.

Surviving Teens Facing Charges

Who are you suing? When insurance companies aggressively defend their policyholders in an effort to limit their financial responsibility, it can feel as if your lawsuit is against the insurance companies rather than the person who caused you harm. Insurance companies play an integral part in many personal injury cases because the defendant will normally rely on the insurance to pay any settlement or judgment that is awarded. Insurance companies typically provide lawyers to policyholders who are being sued in order to represent their best interests and minimize the financial responsibility that the insurance company may have.

Considering Insurance Coverage When Seeking Damages

If you have a claim against another person or party, your personal injury attorney will seek information about the defendant’s insurance coverage and whether multiple insurance companies could be involved in the case. If the amount of coverage the defendant has is not enough to cover the damages that you are seeking, your attorney may look for other means of making up the difference. In some cases, damages can be sought against an employer’s insurance, homeowner’s insurance, automobile insurance or some umbrella policies that may apply to the incident that caused your injury. Each insurance company involved in a lawsuit will look to minimize its own financial responsibility, making it a tough legal battle in some cases that involve multiple policies or companies.

Negligence and Why it is Key to a Case Negligence is a very confusing term for most people because it often comes with the false connotation of intent. In many cases, a party can be negligent even though it had the best intentions in mind. Defining negligence is synonymous with fault, because people often make mistakes or do things that were not intended, but are still responsible whenever those actions result in negative consequences. This understanding of negligence is very important when considering a personal injury lawsuit because the entire case will rest on proving that the defendant was the negligent party— or the one at fault for the accident, injuries or damages.

Duty of Care Owed to Person Whom Was Injured

When arguing negligence, the terms “breach of care” and “duty of care” are introduced when determining fault. Duty of care often makes people think of medical malpractice cases where the doctor failed to meet his duty of care or deviated from the standard of care. This applies to all aspects of tort law and the duty of care is defined as what is expected from the defendant under the circumstances present at the time of the alleged injury or damage. Property owners have the duty of care to make sure that their grounds are free of hazards that will cause trips, slips, falls and other injuries, dog owners have the duty of care to ensure that their pets do not attack other people and drivers have the duty of care to follow applicable traffic laws and to make efforts to avoid collisions.

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Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa