However, instead of following through, they request the owner pay them out-of-pocket and off the record. It's (seemingly) mutually beneficial -- the owner is spared a possibly far more expensive legal battle, and the victim gets his or her reward. The slip-and-fall you are about to read is a far cry from this sort of "questionable" claim.
]]> A man was just doing his job, delivering some cables to a warehouse, when he had to go to the bathroom. He asked a nearby employee where the restrooms were, and after following the directions, he crossed a slick floor and fell. Within moments, the man felt a burning sensation on his body.The warehouse was in the middle of stripping the floor and had covered the area in a chemical solvent. Lacking any signage or warning, the man was caught off guard and put in a dangerous and unnecessary situation. The warehouse employee who gave him directions completely forgot about the floor-stripping project.
With an injured knee and some chemical burns, the man racked up serious bodily harm and certainly accumulated some pricey medical bills. He has sued the warehouse, claiming they were negligent by failing to post warnings, and is requesting compensation for his medical bills, lost wages and mental anguish.
Source: Madison-St. Clair Record, "Slip on solvent leads to lawsuit," Kelly Holleran, May 17, 2012
]]>Two studies done by the NHTSA in 2009 and 2011 show that in comparison to a traditional gas-powered vehicle (which produces a recognizable rumble or hum), hybrid vehicles are 37% more likely to collide with a pedestrian and 66% more likely to crash into a bicyclist when it is travelling at a "low speed."
]]> Normally, the silence associated with hybrid vehicles is touted as a good thing, reducing noise pollution on city streets. But now, the accident risk is pretty clear; and a New York Times review of the new electric-powered Ford Focus typifies the double-edged nature of a silent car."Battery-powered cars are intrinsically quiet, the motor sound falling between a whir and a whisper," the reviewer said. "But the Focus is deep-space silent, the quietest of the many electric cars I've driven."
Armed with this information, federal lawmakers passed the Pedestrian Safety Act of 2010. In the coming months, there should be minimum noise standards that all cars must meet. Many electric cars are turning to noise alarms that will alert pedestrians of a vehicle's presence.
Source: Slate, "The Silent Killer," Paul Collins, May 15, 2012
]]>These numbers come from the National Insurance Crime Bureau as the organization investigates how prevalent these potentially fraudulent slip-and-fall claims are. Wisconsin was outside the top five of states with the most claims, nor did a Wisconsin city crack the top five in its own geographical category.
]]> Now, the NICB was looking at these questionable slip-and-fall accidents because some of them turn out to be fraudulent. For example, a victim may trip and hurt themselves in a small business. Maybe the injury is major, maybe it isn't. But, sometimes, the victim will approach the small business owner directly, looking to get a small lump sum immediately to cover medical expenses.In exchange, the victim keeps the incident off the record and doesn't pursue legal action, preventing future litigation that may be more costly to such a business.
This does not represent many slip-and-fall incidents though, which take a real physical and emotional toll on its victims. Slipping on wet floors or being injured by falling debris in a poorly maintained store can disfigure or disable an innocent bystander, who then is unable to work and loses valuable income.
Hazardous conditions are a violation of safety regulations placed on businesses to ensure that customers are not in harm's way. People who make fraudulent claims should be derided, but so too should the reckless establishments that fail to provide such a secure environment for its patrons.
Source: Claims Journal, "Questionable Slip and Fall Claims Increase 12 Percent," May 8, 2012
]]>But maybe the greatest challenge facing a car accident victim is the first time behind the wheel after a crash. Some drivers may be a bit frightened to get back on the road again; others may become more defensive drivers. It is simply a natural reaction to be frightened after such a distressing event.
]]> Teenage drivers are generally regarded as the most accident-prone group of drivers on the road, and while that label mostly stems from their inexperience behind the wheel, it may also be attributed to the fact that new teenage drivers cannot relate to the fear of a car accident.When you are young, you can have the feeling of infallibility -- and before ever getting into a car accident, teenage drivers may operate their vehicles as if they are never going to get into one.
New information from the AAA Foundation for Traffic Safety shows that teenage drivers are an even greater risk behind the wheel when they are carrying teenage passengers. Compared to a 16- or 17-year-old driver who carries no passengers, the same drivers is 44% more likely to be killed in a car accident if carrying a single passenger who is 16 or 17 years old.
The driver's fatality rate doubles if there are two such passengers, and jumps a staggering four times if there are at least three 16- or 17-year-old passengers in the vehicle.
If there is a silver lining in the study, it is that the same driver's fatality rate decreases 62% when an adult passenger (at least 35 years old) is in the car.
Source: The Car Connection, "Teen Drivers More At Risk With Other Teens In The Car," Suzanne Kane, May 8, 2012
]]>When a car meets a semitrailer truck on a Wisconsin road the outcome is fairly easy to predict. The balance of power is in the truck's favor.
When truck accidents do occur, the consequences tend not to be limited to just matters of money. Victims of truck accidents may endure serious head, neck or back injuries. Recovering fullness of health can require long term medical treatment. Determining anticipated costs can be a challenge that may be best undertaken and fought for with the help of an attorney.
The worst case scenario, of course, is when a car-tractor-trailer accident results in the death of someone. Survivors not only suffer the loss of their loved one. There is also the loss of earnings by the person killed. It's crucial to investigate all the aspects of a crash in order to expose instances of negligence so that those responsible can be held accountable and liable for the injuries and damage they cause.
]]>Wisconsin State Patrol officials say that's what they are in the process of doing now in connection with a fatal crash on Interstate 94 in St. Croix County. Officials say the incident occurred Tuesday and resulted in the death of a 22-year-old Woodville woman.
They say that about all they know right now is that the car the woman was driving was headed west at mile post 15.5 when it came into contact with a semi being driven by a Bloomer man. According to a patrol spokesman, the car veered from the road after the contact and flipped several times. The driver of the car was thrown from her vehicle and was declared dead at the scene.
The semi driver was not injured.
Source: Leader-Telegram, "One dead in I-94 crash," May 1, 2012
]]>It's getting to be outdoor concert time around the country. Promoters and operators of these kinds of venues around Wisconsin and other states are required to take a lot of precautions in order to ensure that the crowds they attract remain safe. Still, serious accidents happen that result in personal injury.
All one needs to recall is the horror of the Indiana State Fair last summer. Seven people were killed and dozens of others were injured when the huge stage and scaffolding toppled in the high winds of a massive storm. The personal injury and wrongful death claims are still being worked through. Who was at fault and the extent of responsibility remain a matter of deep debate and question.
]]>Such may not be the case in regards to an outdoor rock concert slip and fall story out of Australia. Officials at the event in Sydney say a man somehow got past security, scaled to the top of a 20-yard-high set of stage scaffolding and then slipped and plunged to the ground.
Video of the incident leaves the viewer as awestruck as the crowd who witnessed the tumbling fall live. What is perhaps most stunning is that the man involved walked away from it after giving thumbs up.
Officials at the Creamfield's dance concert are unable to explain how the individual managed to reach the tower. Images of the fall show the man flipping and slamming against the metal bars. Yet, when he ht the ground, he got up and dusted himself off.
He was taken to a nearby hospital for a checkup, but officials say he discharged himself a short time later. Other media reports indicate he tried to get back into the concert, but was turned away.
Source: WTVR-TV, "VIDEO: Man falls off scaffold at concert," Scott Wise, April 30, 2012
]]>That apparently didn't happen last September at a popular resort facility in another part of the country. According to court documents filed in connection with the case, a woman became the victim of a dog attack even though the dog had been reported to hotel managers days earlier for being aggressive.
]]> The victim in the case filed suit recently. Named in her action are a prominent New York artist; his 11-year-old daughter; and the artist's socialite girlfriend, who happens to be the dog's owner. Also named is the Aspen Skiing Co. which owns the facilities where the attack occurred.The suit claims that the girl was walking her father's girlfriend's black lab on a leash in the same area as the victim. For no apparent reason, the dog lunged and clamped down on the woman's left hand.
Not only did the bite go all the way to the bone of one finger but days later, the wound became infected with staph and the woman says she suffered a collapsed lung and had to undergo multiple surgeries.
The suit says that employees at the hotel told the victim that the dog had tried to bite others earlier in the week. And while the hotel has a policy that would have allowed managers to require off-premises boarding of the dog, no action was taken.
The father of the girl has reportedly paid all of the woman's medical bills. The suit, however, appears to seek recovery of her lost wages and compensation for her loss of earning potential.
Source: Aspen Daily News, "New York couple, SkiCo named in dog-bite lawsuit," Chad Abraham, April 17, 2012
]]>Criminal charges are always possible, too, as is evidenced by the recent legal proceedings in Adams County. A judge there registered a not guilty plea on behalf of a 66-year-old Wisconsin Rapids man that officials say is responsible for a July 16 fireworks show in Rome, Wisconsin, that resulted in 11 people being injured.
]]> Authorities say the fireworks company operator failed to keep spectators the required 350-feet away from the fireworks. Instead, they allege that there were some people as close as 39 feet away and that hundreds of others were between 168 and 399 feet away when a 5-inch shell misfired.According to injury claims already filed with Rome officials, one woman lost the vision of one eye, hearing loss and facial scarring. Her husband suffered burns. One person suffered a knee injury. One other person was taken by ambulance to the hospital and six people were treated at the scene. One fireworks company worker was also injured.
Authorities have charged the fireworks show operator with second-degree reckless injury, second-degree recklessly endangering safety and causing injury by negligent explosives use.
It's not clear from the media reports whether injury claims filed with the town have been resolved. Regardless of the standing of those cases, it's possible that the fireworks company could be considered liable for damages, pain and suffering that victims suffered at the event.
Source: Wisconsin Rapids Tribune, "Fireworks injury case moves forward," Karen Madden, April 9, 2012
]]>Attorneys experienced in motorcycle accident personal injury cases and other motor vehicle tragedies know the data points. Some are expressing concerns over the fact that another state has joined the ranks of jurisdictions that no longer make wearing safety helmets mandatory. The latest making the move is our neighbor to the east, Michigan.
]]> Governor Rick Snyder signed the necessary legislation into law just last week. The measure enjoyed bipartisan support among legislators. And while motorcycle riders may offer that there's nothing better on a nice summer day than riding without a helmet, at least one attorney says it's a terrible law that will mean more deaths, more catastrophic injuries and higher costs to taxpayers.The move by Michigan reverses motorcycle helmet rules that have been in place for more than 40 years. It is now the 31st state to go helmet optional. Other Great Lakes states on the list are Wisconsin, Illinois, Indiana, Ohio, Minnesota and Pennsylvania.
There are conditions for going without a helmet in Michigan. The rider must be 21 or older. He or she must also carry $20,000 in medical insurance. Riders additionally must have had their motorcycle endorsement for at least two years, or pass a special safety course.
It's hard to see how those provisions will be enforced, though. Officials note there's no requirement that motorcycle operators carry proof that they've met any of the conditions and police can't stop someone on a suspicion.
In Wisconsin, those under 18 driving or riding on a motorcycle are required to wear helmets. Operators with only instruction permits and their passengers also must wear the safety gear.
Source: Detroit Free Press, "New Michigan law lifts motorcycle helmets - with strings," Paul Egan and Kathleen Gray, April 14, 2012
]]>With so many fans in the stands operators of Miller Park face a heavy responsibility to make sure they have done all they can to create a safe environment. It doesn't take much for situations to suddenly develop that can result in serious personal injury. Fans are regularly reminded to stay alert to avoid line-drive foul balls. Less can be done to avoid a bat that flies into the stands. And there are all the beverages that could be spilled creating slip and fall hazards on the ramps and stairways.
Caution by fans is required. But attentiveness on the part of the stadium staff is required, as well.
]]> Apparently that was in short supply in April of 2010 at Minute Maid Park, home of the Houston Astros. A man who was attending one of the early season games that year slipped and fell on a wet ramp while he was working his way to his seat.According to documents filed in his suit, the man claims he sustained injuries because the team was negligent in providing a safe environment. He says that a security guard who came to his aid as much as admitted the fault by apologizing. He allegedly told the man that staff had failed to put up a warning sign about the dangerous conditions.
The suit doesn't say how much the injured fan is seeking. It simply says that he is looking for damages and the payment of court costs.
Source: Houston Chronicle, "Spring man sues after slip, fall during Astros game," Glenna Herald, April 10, 2012; Milwaukee Journal Sentinel, "Brewers: 2 million tickets sold already," Don Walker, April 16, 2012
]]>Speculations include drivers rushing to the post office to get their returns in by the postmark date. Or, perhaps motorists are distracted by the stressfulness of the day when taxes are due. A spokesperson for the Insurance Institute of Highway Safety said it could be that motorists are travelling on routes they do not normally travel when heading to the post office. Other studies have indicated that alcohol may be a factor as spikes in traffic fatalities increase on Super Bowl Sunday, July 4th and on election days as well.
]]> Researchers compared data over a 30-year period from the National Highway Traffic Highway Safety Administration. They found the number of traffic-related deaths on tax day was 6,783, or 226 per day. Compare that to one day per week before tax day and one day per week after tax day and you have an average of 213 deaths. And passengers and pedestrians were slightly more likely to be killed than were drivers.Six percent may not seem like a lot, but tell that to the 13 additional families who have lost loved ones on each of those days. The lead author of the study said those 13 extra deaths per day amounts to about $40 million in losses to society each year. That includes loss of life, injury and property damages.
Car accidents are one of the leading causes of death in this country and lead to numerous personal injury suits and wrongful death claims. This study tells us to lay low on tax day whether or not you are heading to the post office. Consider filing electronically perhaps.
The tax deadline is April 17th this year due to the 15th being a Sunday and Monday the 16th is Emancipation Day, a holiday observed in Washington, D.C.
Source: The Huffington Post, "Deadly Car Crashes Spike By 6 Percent On Tax Day: Study," Lindsay Tanner, April 10, 2012-04-11
]]>Four Wisconsin women are in the process of recovering after just one such recent run in. It happened on Interstate 57 in a neighboring state. Fortunately, the victims involved escaped serious injury, but as anyone who has ever been in a car wreck knows, consequences suffered from these kinds of accidents aren't limited to just physical injury. Victims can suffer financially and emotionally, too.
]]> Any form of suffering or loss a victim incurs because of an accident caused by the negligence of another warrants compensation, and an experienced attorney can help explore what options may exist in recovering damages.In the accident we are writing about here, there is an added issue. Police say the semi suspected of being responsible for the wreck never bothered to stop and officials are still trying to find it.
It happened earlier this month, just north of Benton-West City, Illinois. State police say a passenger car carrying four Wisconsin women, all in their early 20s, was side-swiped by a tractor-trailer as the two vehicles were traveling north on the interstate. The car slipped into the median and overturned.
All four women were reportedly wearing seatbelts and suffered only minor physical injuries. They were treated at a hospital in Benton.
Source: Benton Evening News, "4 Wis. women hurt in rollover on I-57," Diana Winson, April 6, 2012
]]>Costco reportedly was of the opinion that it bore no responsibility for an accident at one of its stores. A jury disagreed. The accident occurred in April 2009 in California. A 58-year-old woman who had stopped in the store's food court for a bite slipped in a puddle of spilled liquid soap. According to the filings related to her case, she shattered a knee cap and lost the full function of that joint.
]]> According to one report about the case, the woman sought to settle with Costco over the matter. Her attorney says the company denied responsibility and made no offer to settle. As a result, she took the matter to court. Last month, a jury ruled 12-0 in her favor and ordered Costco to pay her a total award of $414,868.28.Her lawyer says the woman already endured one surgical procedure to have her patella wired back together. He says she may face two more surgeries yet in the future. He says the jury award is intended to help pay for her past and future medical costs and compensate her for past and future suffering.
As for the specifics of how this accident happened, the attorney says he provided evidence at trial showing that several Costco employees had walked by the soap spill in the minutes ahead of the fall. Despite seeing the hazard, no one acted to clean it up as is required by company policy.
Source: Pasadena Star-News, "Covina woman awarded $415,000 following slip and fall at Industry Costco," March 7, 2012
]]>One of demographic groups that seems to be getting hit hardest is teenagers. Nationally, the number of people aged 15-19 killed on U.S. roads is reported to be in the realm of 3,000 to 4,500. Another 350,000 are said to wind up in our emergency rooms. Up to 12 teenagers reportedly die in traffic accidents every day.
]]> On one level it seems to be a credit to the existing driver licensing laws that there aren't more fatalities. Yet, a recent rash of fatal crashes in northeast Wisconsin is sparking calls from some quarters for significant changes in those requirements. At least nine teenager deaths were recorded as a result of a string of five crashes in the region.While the statistics speak volumes about the numbers lost, they fall far short of conveying the emotional toll that surely has been suffered by the victims, their families and their friends. Nor is there any of the outrage that erupts when a single young person dies by other violent means, such as a shooting.
There are those who argue that there are more vigorous steps we should take to reduce the number of fatal motor accidents. They offer that a major step in the right direction would be to step up the training of young drivers. The argument is that many accidents involving young people result because those drivers have only the barest of driving skills. More importantly, they argue, they haven't developed the decision making skills that come with maturity.
Solutions being proposed by some would require more than what's offered under current driver education. Proponents say teenagers should not only be subject to basic classroom and behind the wheel training. They say prospective drivers should have to use computerized accident scenario simulations to give them split-second decision-making practice.
Additionally, they say parents should be incorporated into the process. The expectation would be that they would be more engaged in identifying and correcting driving and decision-making skills in their youngsters.
Source: Green Bay Press Gazette, "Dan Linssen column: Teen drivers need more education," Dan Linssen, April 1, 2012
]]>There was an accident earlier this month that likely has left a lot of people reeling. It involved two vehicles. In one, a 40-year-old father was behind the wheel of his pickup truck. In the other, a sedan, there were four 16-year-old children, including a son of the man driving the pickup. Officials in Marinette County say the two vehicles collided.
]]> Officials say the resulting wreck killed a 16-year-old boy who was driving the car. A girl in the car suffered serious injuries and at last word, was recovering in the hospital. The pickup driver and the other two teens suffered lesser injuries. As noted earlier, one of the other two teens was the pickup driver's son. The three were all treated for an array of injuries and subsequently released.We are unable to tell from media reports at what the time the accident occurred. Authorities do say that it occurred on Wisconsin 180 in the town of Porterfield. While officials say that snow- and slush-covered road conditions contributed to the crash, they say they are still investigating.
Source: Green Bay Press-Gazette, "Boy, 16, killed in Marinette County crash is identified," March 1, 2012
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