Liabilities In Slip And Fall Accidents Caused By Winter Weather Hazards

With winter well underway across the United States, many localities have already experienced dangerous winter weather. Winter weather inevitably creates hazards that commuters and pedestrians must deal with as they go about their daily routines. 

While members of the public are expected to exercise some level of caution when it comes to traveling in winter weather, facilities owners and landowners are responsible for taking their part to prevent slip and fall injuries caused by ice and snow.

Those who have recently experienced a slip and fall injury because of a weather hazard will need to look into winter weather liabilities of landowners or snow removal companies to determine if they are eligible for compensation from a negligent party.

The rule of “natural accumulation”

The natural accumulation rule dictates property management standards during periods of winter weather in many states. In states where the natural accumulation rule is in effect, it can be difficult to hold a property owner liable for injuries caused by winter weather hazards that are typical to a given region at a given time of year.

This rule assumes that a certain level of snow/ice accumulation should be expected in certain regions, and that members of the public need to respond accordingly to keep themselves safe. 

While the natural accumulation rule protects property owners from liability in cases where snow/ice accumulation is typical of a given region, it does not free them of the responsibility of ensuring the safety of their premises in cases of extreme winter weather. In cases of exceptional winter weather hazards, property owners are expected to make efforts to keep their properties safe.

Determining liability

Because standards regarding winter weather hazard liabilities can vary by state, determining whether a property owner is liable for an injury caused by adverse winter conditions is not always easy. However, it is generally assumed that any time a property owner knew of a significant and abnormally severe hazard on his or her premises and did nothing to remedy the situation, he or she can be held liable for any resulting injuries. 

The following circumstances of a hazardous situation can have a bearing on any court decisions regarding liability:

  • Probability of injury
  • Potential severity of injuries caused by a given situation
  • Exertion required to remove the hazard(s) in question
  • Foot traffic in area in question

Liability of a snow removal company

Often, property owners hire outside snow removal companies to attend to any hazards caused by severe winter weather. An injured individual could be compensated by a snow removal company if it is determined that the company did not fulfill its responsibilities in ridding the premises of a significant hazard. 

Visit a site like to learn more about slip and fall cases and what you can do in your specific situation.

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Educating Your Child On The Proper Steps To Take Following A Car Accident

Your child has just learned how to drive. What happens if they are in an accident when you are not there? It is important to teach your child the proper way to act in the event they are involved in an auto accident. If your child does not know the steps to take after an auto accident, they may find themselves breaking the law. Below is a list of the steps to take and the protocol to follow immediately following an accident.

Don’t Leave The Scene

Being involved in an accident is very overwhelming for a teenager and they may decide to flee the scene. This, however, is illegal. If the other driver that is involved in the accident has serious injuries, your child leaving the scene could put this person in jeopardy. Whenever an accident occurs, your child should look to ensure that all others involved are safe.

Your child should also remain at the scene to gather insurance information. Whether your child or the other driver is at fault, insurance information needs to be gathered in order to file a claim. If a claim is not filed with the necessary information, you will have to pay for repairs out of pocket.

Report Accident To Police

In order to be sure that your child is protected, it is important that they contact the police as soon as possible after an accident. A car accident is stressful for everyone and when emotions run high, your child will find themselves faced with the possibility of someone getting angry and violent. As a precaution, have them notify the proper authorities as soon as possible.

When speaking to the police, be sure your child discloses any pain or injuries that are a result of the accident. This is also important for insurance purposes. Claims may not be approved if the injuries were not reported immediately.

Exchange Information

It is a necessity to gather personal information from the other driver following an auto accident. Your child will need to ask for the name and telephone number of the driver. When asking for insurance information, be sure that your child knows to ask for the name of the other driver’s insurance provider and the telephone number.

Your child will also need to know the make, model and year of the other vehicle involved. The license plate number of the other car is also of the utmost importance.

There are laws and safety precautions set in place to safeguard our children following an auto accident. By following the steps listed above, you will help protect your child from making a regrettable mistake. If other drivers do not cooperate, you may need to contact legal help like Dreyer & Dreyer Attorneys At Law.

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Legal Compensation For Foodborne Illnesses

Outbreaks of foodborne illnesses often appear abruptly in various locations across the country, bringing severe illness and death to their victims. Some of these bacterial infections are caused by improper handling of food by restaurants, while others sources have food producers and distributors to blame. Occasionally, food producers are aware that the food they are selling is tainted and potentially deadly, but risk consumers’ lives by hiding the evidence in order to make a profit. Personal injury lawyers have won millions of dollars in compensation for recent victims of foodborne illnesses.

Some of the more recent outbreaks include bacteria such as:

E. coli

This bacterium is found in the feces of humans or animals, and can cause severe abdominal issues, bloody diarrhea, and in some cases, kidney failure or death. It can enter meat during processing, and if it is not cooked at a proper temperature, it will survive and infect the individuals who consume the meat.

It can also be found in raw vegetables, such as spinach, lettuce or sprouts that haven’t been washed properly. All of these sources of E. coli bacteria have cause outbreaks in recent years, resulting in multiple deaths across the US.


Found in soil and water, this type of bacteria is often contracted by animals, then passes into meat and dairy products. This bacterium is unique in that it can survive and grow in a refrigerated environment. Once inside a food processing facility, it can live for years undetected until an outbreak appears.

Listeria can also be found in raw fruits and vegetables. Infection can cause severe fever and muscle cramps in healthy individuals, but can be deadly to pregnant women, newborn babies, the elderly, and those with compromised immune systems. A recent outbreak of Listeria infections, caused by contaminated cantaloupes, caused thirty seven deaths and several dozen severe illnesses.

The producers of the tainted cantaloupes were found to have unsanitary conditions at their facility and were arrested. Several wrongful death lawsuits have been filed by personal injury attorneys throughout the United States against the food producers as well as the various retailers who sold the tainted fruit.

Personal injury attorneys must seek the help of experts such as epidemiologists, who study the spread of illnesses and diseases, when building their cases. they must also seek information from government agencies concerning the outbreak in question, as well as gather statements from representatives of the producers, distributors, and sellers of the tainted product. This can be a lengthy process, but it results in substantial compensation for the victims.

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What To Do If You’re Involved In An At-Fault Accident

Even if you believe you are at fault for causing a motor vehicle accident, the first thing you shouldn’t do is to accept blame. Leave the job of determining who is at fault up to your insurance company or the court, as being at fault isn’t always due to careless driving or negligence.

Even if no one has been hurt, and you don’t have to call 9-1-1 for medical assistance, there are still immediate steps to take following an accident to protect your legal rights.

Ensure Everyone’s Safety

Pull your vehicle off to the side of the road if the damage is minor and it’s still safe to drive. The other driver involved in the mishap should do the same. If you can’t move your vehicle, or if it’s illegal in your state to move your vehicle until the police arrive at the crash site, get yourself and others safely off the road. Whether your vehicle is on or off the road, use the flares or warning triangles from your roadside emergency kit to signal oncoming traffic of a disabled vehicle ahead.

Get Photo Documentation

Take photos of both vehicles and the damage to each. If you move the vehicles off to the shoulder of the road, get before and after photos.

Get photos of the road or intersection, skid marks, any crash debris, and traffic lights or signs. If injuries are involved, get photos of those too. If the case goes to court, pictures can help show details you might not be able to describe accurately.

Contact Police

Call the local or state police to report the accident. Do not leave the accident scene until the police have all the information they need to file a full accident report. Avoid talking to anyone — except for the police — about what happened. Don’t even say “I’m sorry” to the other driver as those words can imply guilt.

Exchange Information

Exchange your information with the other driver. Be sure any information you give or receive is accurate. Both you and the other driver will need the other person’s:

  • Name, address, and phone number

  • Insurance information, including the name of the insurance company and policy number

  • Vehicle year, make, and model

  • Driver’s license number

  • Vehicle registration number

  • License plate number

Note the Details

Write down the details surrounding the accident. Include anything you think might be useful when the insurance company investigates.

What to note:

  • Time of day the accident occurred

  • Weather conditions at the time (Example: poor visibility because it was foggy, raining, or


  • Indicate what lane you were in at the time and from what direction the other vehicle came

  • If you were at at intersection with a traffic light or stop sign

  • If you tried to avoid hitting an animal in the road

  • If the sun was in your eyes

  • If you tried to avoid a pothole or road debris

  • If you experienced a flat tire or tire blowout

Contact Your Insurer

Call your insurance company before you leave the scene. Your insurer may want to talk to the police officer filing the accident report. Get the company’s 800 number from your insurance ID card.

Get Witness Contact Information

If there were witnesses to the accident, ask them for their names and contact information. The insurance company or the police may want to interview them. Your attorney also may want to interview witnesses if you’re sued in court.

Don’t question a witness yourself, especially if you’re facing litigation. Your lawyer, such as George T. Bochanis Law Offices, will know what questions to ask and how to ask them to get the facts.

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What Does Comparative Negligence Mean For Your Slip And Fall Case?

Winning a slip and fall case means proving that your injury occurred due to negligence on the part of the property owner. Slipping and falling on someone else’s property isn’t an automatic assumption of negligence and guilt. In fact, the property owner may be able to avoid some liability by showing that you were also at fault.

Here’s a look at what comparative negligence could mean for your case:

What Exactly is Comparative Negligence?

Comparative negligence is a term used to refer to shared responsibility for an accident. If the defendant can prove that you were partially at fault for the accident, that’s considered comparative negligence because you both contributed to your injury. As the plaintiff, you don’t have to prove that you were not negligent. Instead, the defendant needs to prove that you were acting in a unsafe manner or that you were directly at fault for your own injury.

Is Comparative Negligence All or Nothing?

Especially in a slip and fall case, comparative negligence presents a grey area in which you may both be at fault. Unlike the absolute determination of negligence or not for the defendant, comparative negligence can be determined in percentage amounts.

For example, if the property owner knew that the hazard was there, didn’t take the steps to fix it and didn’t warn you about it, but you were trespassing on the property, you’d be found partially at fault for your own injury. The courts would then determine what percentage of responsibility your actions would carry, and your benefit award would be reduced by that amount. If you are found to have been half at fault, the courts will award you half of the expected financial award for your case.

What are the Forms of Comparative Negligence?

There are a few different forms of comparative negligence, and understanding what your state uses is the first step. Your slip and fall attorney can help you understand what the laws are where you live, but the two primary forms are called pure and modified comparative negligence.

Modified comparative negligence is the most commonly used, and is marked by restriction that the plaintiff’s negligence must be found to be less than that of the defendant in order for an award to be issued. If you are found to be 50-percent negligent in the accident, you will not receive an award of any kind in states that rely on modified comparative negligence.

Pure comparative negligence is not as common. It will reduce the awarded damages by the percentage of the plaintiff’s negligence no matter how much it is. In these cases, you’ll still receive an award even if you are 75-percent negligent.

As you can see, it’s important to understand the role that your actions will play in the determination of negligence and fault after a slip and fall injury. Talk with your attorney to see how strong your case is. To learn more, contact a company like Dorian, Goldstein, Wisniewski & Orchinik, PC with any questions you have.

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Make Sure You Have The Right Medical Evidence Ready For Your Workers Compensation Hearing

If you are filing a workers compensation claim against your current employer, you need to make sure that you have evidence that can back up your suit. It is your responsibility to demonstrate that you were injured at work and that your injuries prevent you from doing your job. Your employer is not responsible for proving or disproving your injuries during the trial. It is all on you and your personal injury attorney to make your case and present evidence supporting your case. 

Collect All of Your Medical Documents

You need to gather all medical documents related to the injuries you sustained. You will need to present copies of all bills and invoices you have received from any hospital, doctor or specialist your visited in relation to your injuries. You will also need all written notes and documentations that any doctor or medical professional wrote down who assisted in your care. 

You may not have all of this information on hand. You may need to contact any doctors or medical professionals who treated you, and ask for copies of any notes that they took related to your care. You will also need to obtain a copy of your complete record for each visit to any medical facility to treat the injuries you sustained at work. 

 Collect All Of Your Alternative Medical Documents

If you saw a chiropractor, massage therapist, acupuncturist, or physical therapist for your injuries, you will want to collect all of your bills and invoices from your visits as well. It does not matter if these treatments were covered by your insurance or suggested by your regular doctor. You have a right to present all information related to any medical help that you sought for yourself during the trail phase of your You will also want to reach out to them to get their notes and documentations from your sessions. 

Keep Track Of Any Out Of Pocket Money You Spent On Physical Therapy

If one of your doctors or physical therapists suggested that you purchase special workout equipment in order to aid in your recovery, or if they suggested you purchase modified equipment to ease your pain, you need to keep track of all of these expenses. 

Find An Expert Witnesses To Testify On Your Behalf

All of the documentation in the world does not hold the same weight as the words of an expert. You will need to find someone who can attest to the extent of your injuries. You will also want them to testify on how long it usually takes for someone in your condition with a similar medical history to heal, as well as if and when a full recovery can be expected. You will have to pay an expert who testifies on your behalf, so make sure you ask about their fees before you pursue someone as an expert witness. 

In order to win your workers compensation lawsuit, you will need to prove the extent of your injuries. The best way to prove the extent of your injuries is through excellent documentation. Make sure you have copies of all medical visits related to your injuries. You should also try to find an expert witnesses who can testify on your behalf and further explain the extent and nature of your injuries and the recovery process. 

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3 Reasons To Quickly Call An Auto Accident Attorney

Have you recently been involved in an auto accident? If so, then you might want to think about retaining an attorney to represent your best interests. To understand just why that is, you are going to want to make sure that you are checking out the following few reasons to call an attorney.

Stops You From Signing The Wrong Papers

Without having an auto accident attorney representing you, you are sort of like a sitting duck. The insurance company and the attorney that is representing the other person will know that you are not legally represented and might assume that you will be willing to sign papers accepting less of a settlement than you deserve. You also would not want to be tricked into signing any papers that would take away your rights to seek compensation either.  When you have an attorney, he or she will be sure to read over everything before allowing you to sign it and will explain everything on that paper to you so you have a thorough understanding.

Tries To Get You A Pain And Suffering Payment

While this is not a guaranteed thing, it is certainly something that your attorney can look into for you. The amount of your payment, if you are awarded it by a judge, will vary depending on the seriousness of the accident and how long you will suffer medically. You could use that money toward paying your bills while you are out of work, pay for your children’s babysitter, or buy a new vehicle. The chose is yours.

Answers All Of Your Questions

If you are like a lot of people, you might not have a lot of first-hand experience with auto accident lawsuits. Therefore, you might find yourself with a lot of questions. The nice thing about having an auto accident attorney on retainer is that you will always have someone to turn to with all of your questions. After all, the last thing you want to do is to have to sit back and worry because you have no idea what to expect or what your rights are as an accident victim.

As you can see, there are a lot of reasons you can benefit from hiring an auto accident attorney. Therefore, you want to make sure that you are calling for as skilled an attorney as quickly as possible. This way, he or she will be able to begin to research your case and work to get the outcome you deserve.

For more information, contact a business such as Fonvielle, Lewis, Foote & Messer.

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