Recently in Premises Liability Category
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.
A plaintiff recently filed a wrongful death suit in Madison County over the death of her husband, who was killed in a fire while visiting a friend at his home.
The defendant started a bonfire in his backyard that was too close to his home. When his home caught fire, the plaintiff's husband was trapped and killed inside.
According to the suit, the plaintiff alleges that her husband's death was a direct result of the defendant's negligence to warn her husband of the fire, failure to comply with fire safety codes and for allowing guests to enter his home under unsafe conditions.
As a result of the fire, the plaintiff alleges her husband suffered conscious pain, emotional distress and smoke inhalation before his death. Furthermore, his children have suffered grief and mental suffering, as well as a loss of society and support. Finally, the plaintiff incurred medical and funeral expenses.
In the four-count suit, plaintiff seeks a judgment in excess of $200,000 plus costs.
If you sustained an injury while on someone else's property, and the cause of that injury was due to unsafe, hazardous conditions or owner negligence, you may be entitled to a legal claim. The Premises Liability Attorneys at Page Cagle, a premier St. Louis personal injury firm, have the experience and know-how to successfully litigate your case, and we are available 24/7 for a free consultation. Call us today!
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.
In July 2007, Jamar Garrett and other young boys pained access into the pool through a hole in the pool's fence after they rang the pool house bell and got no answer. Once in the pool, Jamar ended up in murky water and his friends could not find a life hook around to help him.
The suit alleges that Stonebridge was liable for the boy's death because it did not follow safety regulations for their pool, including cleaning the water, maintaining saving devices near the pool and properly enclosing the pool area with a working fence.
Although some claim that the liability falls on the boys for trespassing, Brown's attorney claims that the management group's failure to maintain a hazard-free pool was the reason for the child's death. He provided several past inspection reports that indicated the pool's citation history of violations non-compliance. His point was that regardless of the situation, the hazardous conditions of the area are what ultimately caused the tragedy.
If you were injured or lost a loved one because of the negligence of a propery owner to keep an area safe, you may be entitled to a premises liability or wrongful death suit. The attorneys at Page Cagle in St. Louis have extensive experience in handling such cases, and we are available 24/7 to answer any of your questions or concerns. Call us today to begin discussing your case.
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.
This week, a jury awarded $1.3 million to a Chicago man when a leaky ceiling at the Ogilvie Transportation Center caused him to fall and shatter his kneecap.
According to Rocco Ditrani's lawyers, since no warning sign was present to indicate a wet spot, the building was liable for the plaintiff's medical bills, rehabilitation therapy, and four months of lost wages.
Witnesses say that the ceiling had a leaking problem for over 17 years, which meant that the leasing agent responsible for the upkeep of the building bore received of the fault since it had knowledge of the leak.
Jeffery J. Knoll, one of Ditrani's lawyers, stated that the judgment benefits all Metra station passengers because, "the building's caretakers are finally being held accountable for their failure to protect the thousands of commuters that pass through the Metra station every day."
The jury also apportioned some of the liability to the janitorial service company for its failure to clean up the leak and place caution sign around the signs.
Under premises liability law, property owners are responsible for keeping their property safe and hazard-free. If they don't and a person is injured in an avoidable accident, the property owner is liable for all damages. Most often, premises liabilty involves slip and fall cases where warning signs were not present to indicate a wet or slippery area, or an employee failed to clean up a spill right away. If you have been involved in an accident on either private or public property where the owner was at fault, call the Premises Liability Attorneys at Page Cagle today for a free consultation. Our experienced legal staff can discuss the elements of your case and help you get the compensation you deserve.




