Recent Posts in Premises Liability Category

    Drowning is the second leading cause of serious injury or death for U.S. children. Nine people drown every day in the US and 75% of the drowning occurs between May and September.  Many steps can be taken to prevent your child from drowning or sustaining a serious injury. Children don't just drown in swimming pool accidents. Children can drown in bath tubs, drainage ditches, and buckets as well. The most reasonable solution to safeguarding your children is by teaching children to swim. However, parents of even the strongest swimmers should gather strategies on safeguarding their children around water as to avoid injuries such astramautic brain injury or spinal cord injuries.

Some general safety rules include:

• Children should never swim alone, even if they know how to swim. Cramps and fatigue can cause an accomplished swimmer to drown.
• Always check the depth of the water before diving in.  Observe "No diving" or "No Swimming" signs
• Swim in areas with a lifeguard, however, pools that are overcrowded can be very dangerous as the chaos can mask the danger.
• If you give your children a flotation device as toy, it should never be a substitute for a PFD (personal flotation device).  Floaties and water wings should never replace the parent.

Some theories suggest that flotation devices should never be given to children so that they can become familiar with the properties of water and learn to swim more efficiently. 

• Do not allow your children to run as decks and concrete patios are often wet and slippery. Slip and falls for children can easily occur that would often seem small, however, children can fall quickly and the fall can result in a serious brain injury.
• It is advised that NO DIVING should ever happen in an above-ground pool.
• Keep a telephone outside close to the pool area, so you will not be tempted to leave the pool area for even a few seconds to answer the phone.
• Keep chairs and tables far away from pool to keep children from accidentally falling in
• Keep toys away from pool area as children can easily fall in trying to access the toys
• Keep emergency numbers at the poolside telephone
• Keep rescue equipment beside the pool at all times
• Have children start swimming lessons early, but never think that after a few lessons that your child "can swim" or should be left alone to swim
• Completely fence off the pool by using self-closing and safety latch gates.

A California family filed a wrongful death lawsuit last week against the city of Simi Valley over the death of a handicapped woman on a wheelchair access ramp.  According to the suit, the ramp violated building safety codes as well as Federal Americans with Disabilities guidelines.

The accident that spurred this suit occurred at a restaurant in March 2008.  While being pushed up the wheelchair access by her son, the victim fell with her chair off the side due to a lack of safety rails on the ramp.  As a result, she suffered a heart attack and brain injuries that put her in a coma for over a week.  She died earlier this year, having never fully recovered from the injuries she sustained from the accident.

The lawsuit alleges that since the wheelchair ramp was not in compliance with the American Disabilities Act accessibility guidelines for building construction or other safety codes, the woman's son was unable to maneuver around the ramp safely. 

Under the premises liability principle, the defendants were both held responsible for the accident.  As owners and constructors of the building, it was their job to ensure that the property was safe and hazard-free for all patrons.  The city of Simi Valley was also named since it approved the deficient ramp design and allowed the restaurant to open despite the ramp's safety violations. 

Slip and fall accidents or other incidents involving deficient building construction, hazardous property conditions and safety violations, fall under the law of premises liability.  If you were injured on someone else's property due to any of these reasons, you may have a legal claim.  By speaking with one of our experienced Personal Injury Attorneys, you can start building a case and get the compensation you deserve.  Contact us today.

In 1995, a tragic fire erupted at the Blue Island, IL oil refinery and took the lives of two mechanics, Michael Forsythe and Gary Szabla.  This month, after fourteen years of litigating a wrongful death suit, their families finally received closure with a $12 million settlement with Clark USA.

At the time of their deaths, Forsythe and Szabla worked as maintenance mechanics for Clark Refining & Marketing, Inc. at the Blue Island oil refinery in the suburbs of Chicago.  In March 1995, a fire erupted at the refinery while the two men were on their lunch break.  After investigation, authorities concluded that the fire was caused by other refinery operators who were performing maintenance work on a pipe without making sure that the flammable materials inside it had been depressurized. 

Because the accident was caused by a co-worker's error, Clark Refinery was held responsible for the men's deaths.  As a result, Clark Refinery paid out worker's compensation benefits and the families filed wrongful death suits against Clark USA.  The suit alleged that the refinery's focus on reducing costs in order to increase revenue left less funding available for training, maintenance, supervision and safety, a decision that resulted in many maintenance workers being insufficiently trained to work on equipment.

When an employee is injured on the job due to another worker's error or negligence on behalf of the company, that worker is entitled to legal compensation.  If you have suffered injury or lost a loved one under such circumstances, please call an experienced personal injury attorney at Page Cagle today to discuss your options.  We are available 24/7 for a free consultation.

An Illinois woman filed suit in St. Clair County last week against a shoe store in the mall alleging that the uneven threshold at the entrance caused her to fall and fracture her hip.

While shopping at St. Clair Square in Fairview Heights, Khristine Randolph tripped over the two-inch wooden threshold at the door, sustaining a fractured hip joint and injuries to her back and neck.  She claims that because the difference in height was not noticeable and no warning signs were present, the store is liable for her injuries and medical costs.

In addition to medical costs, Randolph claims pain and mental anguish as well as an inability to pursue ordinary duties of life.  She seeks a judgment of $50,000-75,000, plus costs.

If you have been injured on someone else's property because of unsafe or hazardous conditions, you may have a legal claim.  Slip-and-fall cases hold the property owner responsible for injuries whenever a warning sign is not present or the ground was damaged.  Call one of our experienced personal injury attorneys at Page Cagle today for a free consultation.

After losing its appeal to the Montana Supreme Court, the city of Polson, Mont. is forced to accept partial responsibility of the Diamond Horseshoe Bar and Grill deck collapse that injured 80 people.

In July 2004, partygoers gathered on the deck of the Diamond Horseshoe and witnesses were shocked when it collapsed sending more than 80 people crashing into a concrete slab below.  An investigation concluded that a key support beam was improperly installed and played a major role in the collapse.  The architect hired to examine the remains stated that a wooden ledger connecting the deck to the building, "was not to code because the ledger was not protected from the elements."  Furthermore, screws needed to secure the balcony to the ledger were inadequate.

So far, at least 11 people injured have filed suits, all naming the bar owners as the key defendants. 

Ryan Funke, one of the plaintiffs, also named the city of Polson claiming it bore some of the liability for the faulty construction since it was responsible for approving the deck's construction and subsequent inspections. 

Furthermore, an anonymous caller tipped off the city's building department that the deck was not safe only 14 hours before the incident.  Attorneys for the city argue that without specific information, nothing could have been done to stop the accident even if there was more time, and they asserted that the city had absolutely no liability in the accident.

A jury awarded Funke nearly $684,000 in damages, apportioning 95 % to the bar and 5% to Polson.  The city appealed, but the state Supreme Court upheld the original judgment.

Whenever you are injured on someone's property- whether it is a bar, restaurant, home, etc.- you have the right to file a premises liability claim.  The reason is because property owners have the responsibility to keep others safe from potential hazards through upkeep and maintenance as well as warnings.  If you have been injured on someone else's property and feel you have a premises liability claim, do not hesitate to call the attorneys at Page Cagle in St. Louis today.  We can advise you of your options and fight for the compensation you deserve.  Call today for a free consultation.

According to a Texas newspaper, Railserve Inc. is left as a lone defendent in a FELA suit filed by Perry Ashworth, an employee of the company, who lost part of his leg in 2007 after a railcar rolled over him.

When the accident occurred, Ashworth was working at a Huntsman Petrochemical Corp. refinery attempting to rearrange the rail cars when one of the cars rolled and entangled his right leg, servering it below the knee.  Huntsman was originally names in the suit, but was dismissed after granting Ashworth worker's compensation benefits totaling around $290 thousand. 

Another defendant in the case, Rescar, Inc., an affiliate with Railserve, motioned to appeal Huntsman's summary judgment but dropped the appeal after reaching settlement with Ashworth.  This now leaves Railserve, Inc. as the only defendant in the case, and Ashworth continues to pursue a Federal EMployer's Liability Act claim alleging that his employer, "failed to provide him with a safe place to work and failed to comply with government regulations."

If you are a rail worker who suffered an injury on the job, and you feel your employer was responsible, contact the experienced FELA Lawyers of Page Cagle law firm in St. Louis.  Our knowledgeable legal team can answer all you questions and help you get compensation for lost wages, medical expenses, and more.