But according to a recent lawsuit, that wasn't the case for one man. He believes he was exposed to a dangerous solvent that burned his skin when he slipped and fell on the floor of a warehouse where he was delivering materials.
]]> The plaintiff in this case had just completed a delivery of cable to the warehouse when he asked if might use the restroom. As he was walking across the main warehouse floor, he slipped and fell on something. Almost immediately, he felt a burning sensation on his skin. Apparently, the floor was being stripped at the time and the man had come into contact with caustic chemicals when he fell.The man claims that after he fell, the warehouse employee who directed him to the restrooms apologized and said he had forgotten that the floor was being stripped. It seems there were no warning signs or barriers in place that would have alerted the man to the presence of the caustic chemicals.
The man claims that he was burned on his hands, arms, legs and groin area. He is seeking unspecified damages for lost wages, medical expenses, mental anguish and loss of household services. Whatever the outcome of this case, we wish the man the best in his recovery. Chemicals burns are frightening and painful; hopefully, he will not suffer from long-term lasting effects.
Source: Madison County Record, "Slip on solvent leads to lawsuit," Kelly Holleran, May 17, 2012
]]>Investigators believe the baby was sitting in a swing when she was attacked, apparently without provocation, by the family's dog. Although they believe the attack lasted only seconds, the baby suffered severe head trauma and died at a hospital where she was airlifted after the horrible incident.
]]> The baby's parents were in another room and did not even hear the attack taking place. The dog was confiscated by county health officials, as is often standard practice after a dog bite or dog attack.In this situation, the family owned the dog that killed the baby, so they do not have the option of a lawsuit to recover for the tragedy that has befallen them. However, if the baby had been attacked by someone else's dog, they might be able to seek recompense for medical or funeral expenses as well as the baby's wrongful death. No dog owner can ever abdicate his or her responsibility for making sure his or her pet can behave safely around people.
Source: The Associated Press, "Newborn killed by dog, a pit bull mix," May 18, 2012
]]>You could brew a cup of coffee, dash off an email to a friend or fill your tank with gas. But could you clean up a puddle of baby vomit?
That last question seems strange, but to one woman, it's anything but. The core of her story may be familiar to New York readers who check in on this blog once in awhile; in 2009, she was shopping at Target when she slipped and fell in a puddle of vomit left behind by an ill baby. She injured her fingers, wrist and back.
]]> The woman sued Target, arguing that store employees should have cleaned up the spill. Target responded that it did not have time, since the baby had become ill only seven minutes before the woman's accident, and that it was not reasonable to expect the store to respond to the spill in such a short amount of time.A judge recently decided that if indeed there were only seven minutes between the baby's vomiting and the woman's injury, then a jury should decide if the Target store breached its duty to keep the woman safe.
We don't know for sure if Target was telling the truth about the seven-minute interval, but let's assume that it was. Do you think this woman is correct in saying Target could and should have cleaned up the vomit in this amount of time, or do you believe she is being unreasonable.
Like we said, thinking about baby vomit is strange, but here's at least one instance where it really matters.
Source: Consumerist, "How Many Minutes Should Store Employees Get To Clean Up Baby Vomit" Chris Morran, May 1, 2012
]]>Recently, we learned a little more about the Texas accident. Preliminary reports fault late inspections and lackadaisical maintenance and oversight for the accident in which the woman fell six stories down an elevator shaft to her death.
]]> In its first report on the incident, the Texas Department of Licensing and Regulation was blunt: "This tragedy was preventable and was a direct result of the failure to have the elevator inspected as required and inadequate maintenance."This is just a preliminary report, so no punishments have been meted out yet. However, there are has been some indication the Texas Department of Licensing and Regulation will pursue fines against the hotel. While that may be advisable in the interest of sending the message that a relaxed attitude towards maintenance will not be tolerated, it won't help the children and grandchildren the deceased woman left behind. They might find it more worth their while to pursue a wrongful death claim in the interest of recouping the costs of the woman's funeral, as well as possible compensation for their loss of companionship.
Source: My San Antonio, "Shoddy repairs blamed for elevator death at Crockett Hotel," John Tedesco, May 9, 2012
]]>Sadly, property owners and mechanics do not always live up to that fairly basic responsibility. Recently, a 28-year-old man in suburban Denver was killed in an elevator accident when the elevator he was in badly malfunctioned.
]]> Details of the incident are still scarce, but we do know that Occupational Safety and Health Administration Officials descended on the scene and that "emotional are still raw here," according to one of the office workers who was employed alongside the deceased man.It is a terrible thing any time a person's life is ended in an accident, but such circumstances are made even worse if that accident was caused by another person lapsing on his or her responsibilities. It is very important that everyone understands that if you or a loved one is hurt and you believe it is because of someone else's irresponsibility, you have the option of pursuing a personal injury claim against that person in court. There is no guarantee you will win, of course, because each court case is different, but if you are judicious about choosing the attorney who represents you and work carefully with him or her to ensure the facts are straight, you stand a better chance than you would if you did not do those things.
Source: ABC 7 News - The Denver Channel, "Man Crushed In Weld County Elevator Accident," Thomas Hendrick, April 12, 2012
]]>New York Crane and Equipment Corp. and JF Lomma Inc. were acquitted of manslaughter and other charges, sparing the chief executive of both firms, James Lomma, from up to 15 years in prison.
]]> Lomma's two companies were sued after a crane they were using collapsed and killed two workers. The plaintiffs argued that Lomma hired a "cheap and unknown Chinese company" to repair the cranes and by doing so allowed them to degrade into an unfit state, but at the end of the day, the prosecution could not prove that this was a sub-standard way of repairing equipment.The outcome, coupled with a similar conclusion to another fatal crane accident that also occurred in 2008, has commentators wondering if prosecutors need to try a new tactic. Everyone who has reviewed the facts of the case seems to agree that it would be difficult to secure a criminal conviction in the case, but many also say that there should be some other way to punish wrongdoing if it is present.
As we said, a criminal case is not the same thing as a civil case, but this acquittal is still worth discussing because it pertains to the safety of all New Yorkers.
Source: Crain's New York Business, "Crane firm cleared in fatal collapse case," Amanda Fung, April 26, 2012
]]>Happily, proceedings have begun against the owners of the dogs involved in one of the sadder dog attack stories we have heard recently. A mother and daughter in San Diego are going to appear before a court this week to start their trial for manslaughter.
]]> The women own the two pit bulls who attacked their 75-year-old neighbor as she was out working in her yard. The woman died six months after the attack when doctors could not keep its effects from taking a serious toll on her health.The prosecution claims that the women knew their dogs were dangerous because a year or so earlier, they had escaped and mauled a puppy and bitten a man who was walking the puppy.
Criminal proceedings like this are independent of any civil proceedings, so in theory a dog owner could face criminal charges in addition to a lawsuit from the person who was bitten by his or her dog. However, this seems as if it is an all-too-rare occurrence, so we are glad that in this case at least the dog owners are going to have to face the court over their inaction regarding their dangerous pets.
Source: City News Service, "Hearing Today for 2 Women Charged in Fatal Dog Attack," April 23, 2012
]]>The woman has said that she was injured, but she has not specified the nature of her injuries. She is seeking damages and court costs.
]]> By now, we have told Bronx readers about slip and fall accidents quite a few times, so you might be wondering if they can be prevented, since they seem to happen all the time. The answer to that question is no and yes. Let us explain.First, it is impossible that every single accident can be prevented. There are simply too many things that can go just a little bit wrong and cause someone harm. No one, not judges, courts or lawyers, expects a store, home or office to be completely safe all the time.
That being said, there are definitely accidents that are preventable. If a customer drops a bottle of water, for example, and store employees learn of it but do not clean it up right away and a second customer slips and hurts herself, that accident is completely foreseeable and preventable. Therefore, if such an accident occurs, the store is responsible.
That, of course, is an extremely general and broad-stroke summary and premises liability law. If you need further information to evaluate whether you have a case, you would want to speak to an attorney.
Source: Ultimate Memorial, "Memorial Macy's named in slip-and-fall suit," Glenna Herald, April 4, 2012
]]>But a Petsmart store allegedly did not know this, or else did not act fast enough to remedy a problem, because it is being sued over a slip and fall on a wet bathroom fall.
]]> The plaintiff said he was in the pet store's bathroom when he slipped and fell on a puddle of water. He claims the bathroom sink was leaking and that Petsmart had not set up warning signs, closed the bathroom or even (as far as a normal customer could tell) tried to address the problem.As a result of his fall, the plaintiff said he hurt his tailbone, buttocks, back and ankle. He claims that these injuries will never completely heal and that he will suffer from pain for quite awhile going forward. He is asking for $50,000 to help pay for the costs of treatment.
He believes the accident would not have happened had Petsmart put up warning signs, or closed the bathroom so the leak could have been fixed.
The man's case involves what is known in the legal industry as premises liability. In short, that means that property owners have a responsibility to make sure that their premises are safe for reasonable use.
Source: The Madison-St. Clair Record, "Petsmart sued over man's slip on wet bathroom floor," Andrea Dearden, April 18, 2012
]]>A recent story out of Minneapolis provides a good example of this. Although it comes from Minnesota, police face many of the same concerns here. Police, first responders and firefighters need to be able to do their jobs quickly and thoroughly and should not have to worry about the very real possibility of being bitten and injured by a dog.
]]> Earlier this month, police in Minneapolis responded to a home because they had received word that a fugitive sex offender was hiding out there. When they arrived, they were attacked by two pit bulls, whom officers had to shoot and kill. One officer was injured in the melee when a stray bullet hit him in the leg. It still isn't known whether the dogs were ordered to attack or whether they were just vicious by nature.There has been some outcry over the death of the dogs, but a spokesman for the police department pointed out that the safety of officers was at stake and they did not have time to take any other measure. Although no one is in favor of pointlessly killing animals, that does not seem like what happened here; police officers, just like all of us citizens, should not have to worry about being harmed by a dangerous dog.
Source: The Minneapolis Star-Tribune, "Dangerous dogs are a quandary for police," Matt McKinney, April 15, 2012
]]>One man recently sued the Houston Astros after he fell at a game in April 2010 and badly hurt himself. The man claims that he fell on a wet ramp when he was trying to get to his seat. He said that after he fell, stadium staff members came to his aid, apologized for the incident and said they had failed to put up a sign alerting pedestrians that the ramp was wet.
]]> Although this particular incident happened in Texas, there is absolutely no reason something similar could not happen just as easily here in New York. Because they have to accommodate so many people all at once, sports stadiums have unusual architecture that often includes very steep staircases and very dramatically sloped ramps. With those kinds of conditions, it does not take much -- a spilled beverage, a light rain -- to make conditions very hazardous. People do have to watch where they are going, of course, but they should not have to fear for their health and safety. It is every property owner's responsibility to make sure that whomever he or she invites onto the property can use it safely without fear of reasonably foreseeable injury.Source: Ultimate Spring, "Spring man sues after slip, fall during Astros game," Glenna Herald, April 10, 2012
]]>A consultant who has looked into the sad affair has said he believes the problems that led to Hart's death began when the elevator's safety system was overridden by a "jumper wire" that was meant to be placed in the operating system only temporarily so that mechanics could operate on the car. Normally an elevator car is not supposed to move with its doors open, but in this case, the elevator car shot upwards as Hart was getting into it. She was killed by the upward impact.
]]> However, at least one of the mechanics who worked on the fated elevator has denied that the jumper wire was forgotten.Another possible explanation is that the two-way radios worn by maintenance workers in the building were on the same frequency as the elevator car and the signals got intertwined, with fatal results.
The consultant also said it was suspicious that some elevator components were sent away for testing or repair before he could look at them. He said these parts' subsequent repairs have prevented him from determining what, if anything, was wrong with them in the first place.
As this investigation continues, we will keep you abreast of any new and important developments.
Source: The New York Daily News, "Elevator's erratic behavior in fatal accident," Greg B. Smith, April 1, 2012
]]>Although the dog attack happened in Texas, it could just as easily happen in the Bronx. It's a sad fact that dangerous dogs live everywhere; even though people have a responsibility to ensure that their dogs behave safely in public and are not a threat to others, they are not always careful about fulfilling that responsibility.
]]> This dog attack happened Wednesday afternoon. Because the girl is still recuperating and has not been able to give a full account to authorities, we are not 100 percent sure what happened.What is known is that the girl was out getting her mail when she was attacked by two dogs, which had evidently gotten out of their yard. The girl's neighbor heard the sounds of the attack and rushed to help. He told a reporter that he "screamed bloody murder and just ran right at the dogs," which did the trick because they ran away.
The girl suffered bites all over her body, but is expected to be fine. The dogs were quarantined by animal control and once their 10-day confinement is over, authorities will decide what, if anything, to do about them.
Source: KRTK-TV Houston, "Neighbor rescues girl from dog attack," Andy Cerota, March 29, 2012
]]>The 17-year-old boy was visiting friends on the fifth floor of his building on Woodycrest Avenue Thursday night. Around 9 p.m., he decided to return to his apartment on the building's second floor and boarded the building's elevator.
]]> As he was in the car, a cable snapped and sent the elevator car plummeting. The boy's godmother told reporters that he was thrown against the ceiling of the car "like he was a rocket." He was rescued by the FDNY and was taken to Lincoln Hospital, where he is recovering from neck and back injuries.What is really alarming is that it does not sound like this was a freak accident. Another resident of the building told New York media that earlier that day, she had refused to ride the elevator because she could hear that it was making strange noises and was afraid that something was wrong.
If this elevator was obviously in poor repair, then building management had no excuse for not fixing it. By failing to do so, it put the residents of the building in grave danger. Obviously, the boy's family's first priority will be helping him recover. One he has recuperated, however, it certainly seems as though they may have a good premises liability case, should they choose to go that route.
Source: The New York Daily News, "Bronx teen miraculously survives after elevator cable snaps in Bronx building," Edgar Sandoval and Sarah Armaghan, March 30, 2012
]]>However, dog attacks involving pit bulls are not just a problem in New York or even on the East Coast. They occur just about everywhere in our country. In Texas, authorities believe that a pit bull may have killed a 4-year-old boy.
]]> (We feel that this story is worth retelling, because it serves as a reminder to be careful around dangerous dogs. That being said, some of its details may be hard to handle, so tender-hearted readers may want to go no further)The boy went missing Sunday night and his "mangled" body was found about 14 hours later, on Monday morning. It seems that the little boy, who had been known to like animals, had wandered into a neighbor's yard to get a closer look at his five dogs and was then fatally mauled by at least one of those dogs.
The dog owner was "distraught" after he found the boy's body in his yard. Naturally, we have to have a little compassion for him, since there is no reason to think that he intended this to happen. However, in terms of liability, you do not have to intend that something happen - the fact that it is foreseeable can sometimes be enough. If the neighbor's dogs were known to be vicious, then he might be liable to the little boy's parents for his death.
Source: The New York Daily News, "Missing Texas boy found mauled to death by neighbor's pit bull," Philip Caulfield, March 27, 2012
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