Archive for the 'Fall Injuries' Category
Friday, April 6th, 2012
Much of the more notorious equipment has long ago been removed from our children’s playgrounds. A Dallas personal injury lawyer can attest that seesaws, merry go rounds, and jungle gyms caused debilitating, often permanent injuries to children in previous generations. Yet as public playgrounds must meet rigorous safety standards, hazards still abound.
Playground falls generally occur because of either defective or worn equipment, or lack of adult supervision. When a child is injured, a Dallas personal injury lawyer will work to record the conditions present on the playground as quickly as possible. Broken glass, damaged mats, missing screws in apparatus, etc. are all easily repairable, so any equipment problems must be measured and photographed right away.
A Dallas personal injury lawyer will often bring a playground safety expert on board to assist with inspecting the equipment for any defects or signs of disrepair. The positioning of the equipment might be an issue, along with the type and condition of mats used. Equipment should have age-appropriate hand rails that don’t become too hot for use in the sun. Fall zones should not overlap, and need to contain adequate padding free of stones, broken glass, and other hazards.
It is important that signs are placed to show children how to use equipment safely. Universal, easy-to-understand directions are necessary. Moreover, equipment should be arranged by age and clearly marked accordingly. This is especially important if the playground is unsupervised.
Regarding supervision issues, a Dallas personal injury lawyer will check to determine whether all the equipment is placed so that parents can observe their charges without obstructions.
There is no nightmare greater for a parent than a child that has been injured. Playgrounds are generally safer today than a generation ago, but there is always a potential for injury as children throw caution to the wind in their play.
If your child has been injured on a playground due to lack of supervision or faulty equipment, you may wish to pursue a claim for damages. Call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.
- Guest Contributor
Friday, February 17th, 2012
Whether a person slips on a spill in a supermarket or loses his/her footing on a loose piece of flooring, a slip and fall personal injury accident can leave the victim debilitated. When a lawsuit is filed, certain issues will be taken into account, including the victim and nature of the hazard.
The strength of your personal injury case lies largely with these issues. As the victim, it is imperative that you appear credible to jurors. If you have a history of litigation over injuries, you may be viewed in a less favorable light as someone out to make a buck. You will need to be able to describe the accident in a way that makes jurors believe your claims. Your injuries alone will not convince them. This is particularly important if there were no other witnesses present to verify your claims.
The hazard itself will also be considered in assessing your slip and fall personal injury. There is usually something physically present or damaged that caused such an accident. It will be necessary to establish how this hazard caused you to slip by describing the mechanics of your fall.
If there is no apparent object or damage which caused you to fall, other matters will be considered. These may include the condition of your shoes; your age and mental state; the way you walk; and any impairments you had prior to the accident. There may also have been some force that caused you to fall, such as a shopping cart rolling into you.
Your personal injury lawyer will put your case together in such a way that the issues of victim and hazard will be convincing. For representation in the Dallas/Ft. Worth area, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.
- Guest Contributor
Friday, December 9th, 2011
Image via Wikipedia
Whether you slipped and fell in a market or were struck by an object while walking along the street, a personal injury can leave you debilitated and in pain. As a part of your injury claim, it is imperative that you and your Dallas personal injury lawyer preserve the scene of the accident as best you can, and as soon as possible.
Nothing remains the same long. If you were injured on the street, repairs may be made on that cracked sidewalk. One way to preserve evidence of the way the scene looked at the time of your accident is by taking photographs. You may have a gift for describing scenes, but your testimony alone will not paint as vivid a picture for a jury as actual photos.
Take the pictures as soon as you can after the accident. This is essential because, to be admissible in court, photographs must depict the location as it looked at the time you were injured. Make sure your photos are from different angles, including one that shows exactly your orientation when the accident occurred. Include in your photos relevant background features.
Another important way to record/preserve the accident scene is by taking measurements. These are especially important where repairs may shortly take place. If an object from a store shelf fell on you, for instance, you should record the clearance of the aisle itself, as well as the height of the stack of items in question. Your Dallas personal injury lawyer can hire an investigator to take the necessary measurements, who then can testify about them in court later.
Measurements and photographs are very useful and important ways of recording your personal injury scene for a jury later on. If you have not yet retained a lawyer, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.
- Guest Contributor
Friday, September 30th, 2011
It should come as no surprise that insurance companies are in business for themselves. As such, if there is any room for doubt about your personal injury claim’s validity, they will fight your case.
To use a hypothetical situation, a middle-aged man slips and falls in the produce section of a supermarket. He claims severe pain, and the store manager makes a report.
So far this is as generic as a case can get. There is little an insurance company could question at this point. However, the victim, now the plaintiff, goes to a doctor and is prescribed ongoing treatment. He then fails to continue with medical care. This raises a red flag with insurance companies. Essentially, a person is expected to do all he can to heal from an injury. Not going to treatment may look like avoidance in order to gain a high monetary settlement.
If the plaintiff in question avoids doctors altogether so that there is no medical report to document the injury, the insurance company is going to be highly suspicious. Also, if the plaintiff indicates what appears to be exaggerated loss of work time, doubt will be raised.
Finally, if the victim in question does not seek legal assistance, it will appear as though he can’t find anyone to represent what is a frivolous claim.
To summarize, you can help alleviate problems dealing with the insurance company in your personal injury claim if you do all you can to get better, keep records, and have an attorney to take you through the legal intricacies of your case.
For a free evaluation of your case, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.
- Guest Contributor
Friday, September 9th, 2011
Image by Robert Couse-Baker via Flickr
One of the most common personal injuries occurs when a customer slips and falls in a supermarket or department store. These are often due to spills that have not been cleaned up or newly-waxed, slippery surfaces. If you experience such an injury, your Dallas personal injury attorney will investigate various aspects of the case upon accepting it.
Your attorney will begin by asking you about the specific facts of the case. These will include conditions in the store, such as a newly mopped floor; the incidents leading up to the fall; and what occurred directly after.
Your attorney will then seek store records. Sweeping and cleaning records, any accident report that is made, and information about which and how many employees were present will be sought. Comparing this information to the store’s standard operating procedures manual, employee handbooks, company safety manuals, and safety advisories will also help bolster your case. All of these will be compared against industry standards and safety laws.
Once the case goes to trial, a process of discovery will occur in which information is shared between plaintiff and defendant. Interrogatories, or written questions, will be asked. Depositions will also be taken from the store manager, store safety director, employees present at the time of the accident, and experts in the field of slip and fall injuries.
Once the trial begins you will likely be asked to testify. Don’t let this deter you. If you have been injured due to negligence, you are due compensation for your losses.
If you suffer a slip and fall injury, call Dallas personal injury attorney Dean Malone at (214) 670-9989.
- Guest Contributor
Tuesday, March 1st, 2011
Image via Wikipedia
One of our clients, while working on a concrete well, feel 17 feet to the bottom as a result of a ladder rung pulling out of the concrete. Our OSHA safety expert testified that a large number of people do not survive falls from that height. There was no fall protection equipment available at the site. Our client was fortunate enough to only sustain a broken ankle and contusions as a result, though he will likely require future surgery.
A jury in 2009 returned an over $500,000.00 verdict, and the defendant appealed. Yesterday, the Dallas Court of Appeals affirmed, or upheld, the judgment in our client’s favor. Here is a link to the court’s opinion -
Dallas Court of Appeals Opinion
Wednesday, July 29th, 2009
We previously posted (on April 30, 2009) about the jury verdict in the case in which our client fell down a well. The court has now signed a judgment, but neither our firm nor our client has received any money as a result of the trial or judgment. We expect that Lighthouse Holdings, Inc. will appeal the judgment. A copy of the judgment is here -
Thursday, April 30th, 2009
T. Dean Malone and Stephen W. Shoultz recently tried the personal injury case of their client, Pat Simms, resulting in an approximate $560,000.00 verdict. Mr. Shoultz has his own law firm.
Mr. Simms fell down a concrete-walled well when a handhold/foothold pulled loose from the well wall. Mr. Simms sustained a fractured ankle as a result of the fall. An expert testified at trial that, among others things, fall protection should have been provided for Mr. Simms. The expert also testified about Occupational Safety and Health Administration (“OSHA”) guidelines.
The trial lasted five days, and the jury deliberated for three additional days. The court has not signed a judgment as of the day of this post, and neither our firm nor our client has received any money as a result of the verdict. It appears that the Defendant will appeal any judgment. Click here to review a copy of the completed court’s charge to the jury (with jurors’ names redacted) - jury-charge