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Brennan & Kavouklis, P.A. Newsletter Archive |
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FALL 2004 ISSUE
SLIP & FALL ACCIDENTS: NO
LAUGHING MATTER
Brennan & Kavouklis, P.A. Injury
Law Alert Newsletter
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When a cartoon character slips and falls
on a banana peel, we laugh. When you slip and fall, it is not
so funny. In fact, injuries caused by slipping and falling are
the second leading cause of accidental deaths, ranking behind
only car accidents.
Although we can lose traction and fall
down almost anywhere, slips and falls often happen in public
locations where a lot of people are coming and going. These accidents
are caused by any number of different circumstances, including
potholes in parking lots, spilled liquids on floors, defective
stairways, and uneven sidewalks.
Generally, a property owner has a legal
obligation to keep property that others may use in a reasonable
state of repair and to warn and protect people from known dangers.
This obligation may mean that the owner must rope off the cracked
tile on the floor until it can be fixed, mop up the puddles that
form around the front door when it rains, or clean up the spill
on aisle six as soon as it is discovered. This sounds like common
sense, but it is surprising how often property owners overlook
such remedies, resulting in unnecessary injuries.
If you fall and injure yourself on someone
else's property and you can prove that the property owner is
responsible, you may have a legal claim for damages. You may
be entitled to recover your medical expenses, loss of earnings,
and compensation for pain and suffering, as well as other damages
related to the mishap. However, there are many exceptions, special
rules, and other factors that can affect a slip-and-fall case.
If you are injured on someone else's property through no fault
of your own, call us immediately. We will go to work for you
and get you everything that you deserve under the law. Remember,
in real life a slip and fall is no laughing matter.
IF YOU SLIP AND FALL
AT A STORE
If you fall and injure yourself at a store,
it is important to get as much information as possible to
help you prove your case. Try to keep your wits about you.
Although it is often hard to remember to do so after being injured:
* Get the names, addresses, and telephone
numbers of witnesses--both customers and employees. If you cannot
do this at the time of the accident, do so as soon as possible
afterwards.
* Get a good look at whatever you tripped
over or slipped on. Get pictures if possible.
* Pay careful attention to anything the
employees might say. If any of them admit to knowing about the
hazard, be sure to get his or her name.
* Do not give a statement about what happened
and DO NOT SIGN ANYTHING until you have spoken with us.
* Call us. We have successfully represented
many slip-and-fall victims and we are available to discuss your
case with you.
TIRED TRUCKERS
We all know that feeling: the uncomfortable
knot in our stomach we get when we look in the rear-view mirror
and see a large tractor-trailer bearing down on us. Even though
most trucks are driven safely, the fact is that no matter how
big the car you drive, these big rigs are much bigger and will
cause more damage in any accident. Unfortunately, the number
of accidents involving tractor-trailers and automobiles is on
the rise, increasing the danger to automobile drivers.
As you might expect, collisions between
large trucks and automobiles are especially deadly for the people
in the automobile. Federal statistics show that 14 people die
each day (over 5,000 each year) in crashes involving large trucks.
What is less well known is that the number one cause of large
truck crashes is not defective equipment, traffic hazards, or
drunk driving but, rather, driver fatigue--in other words, tired
truckers.
Federal law both limits the maximum number
of hours a truck driver is supposed to drive and prohibits truckers
from driving if they are "impaired through fatigue."
Even so, more and more big-rig drivers are taking to the highways
without enough sleep. There are several reasons for this, including
the relaxed industry regulation that has resulted in less-experienced
truck drivers on the road. This same deregulation has also increased
competition among trucking companies, escalating the pressure
on drivers to complete their routes quickly. And, changes in
the way goods carried by truck are distributed, such as "just
in time" delivery, have resulted in tighter deadlines for
truckers. All of these factors mean that the pressures on truckers
to ignore the law and complete their deliveries even if they
are too tired to drive safely will only increase.
Although recent cases involving truck-automobile
accidents have resulted in tens of millions of dollars in damages,
all of these cases have one common element: The automobile passengers
are dead. If you are aware of the dangers tired truckers present,
you can avoid becoming a statistic. Take a look at the box below
for some helpful safety tips.
STEER CLEAR OF BIG
RIGS
Remember that a large truck has a large
blind spot. If you are driving
in the truck's blind spot, the truck driver cannot see you. Either
stay behind the truck or else pass it quickly.
Do not follow a big rig too closely. Large trucks block your view of hazards further
down the highway, and a tired trucker might not brake soon enough
to give you the warning you need to avoid a collision.
If in doubt, give the truck a wide
berth. A car almost always loses
in a collision with a large truck. The best way to avoid such
accidents is to avoid the trucks.
WE APPRECIATE YOU
Thank you for choosing our firm for
your legal needs. We hope that you will continue to count on
us when you need legal help. We are just a phone call away.
We also appreciate the trust that you
have placed in us by referring your friends, family, and associates
to us for legal services. Thanks!
CASE BY CASE
Sometimes an injury lawsuit has less to
do with fault and more to do with the amount of damages that
should be awarded. A professional violinist suffered severe injuries
when a car ran a red light and crashed into the car in which
she was a passenger. There was no question that the driver of
the car that ran the stoplight was at fault, but the issue was
what the future would have held for the violinist.
Although she had never made more than $30,000
per year and had been unemployed for 10 months prior to the accident,
the violinist was considered world class with the potential of
earning a spot with a top orchestra. The jury agreed that her
bright future had been dashed by the accident and awarded her
$5 million in damages.
WHAT IS MY CASE WORTH?
When deciding whether to sue for an injury
caused by another's carelessness, the first question people usually
ask is "What is my case worth?" The answer depends
on what kind of damages were caused by the other party's negligence.
Some damages that are recoverable are easy
to see. If a negligent driver runs into your car and injures
you, you can recover the cost of repairing or replacing your
car and the cost of your medical bills related to the accident.
You can also recover any lost wages because of time you missed
from work due to your injuries.
Other kinds of damages are harder to see.
If you have been hurt, you can usually recover something for
the "pain and suffering" caused by the injury. You
can also recover for things that are likely to happen in the
future because of the injury you have suffered. An example would
be any permanent disfigurement or any ongoing impairment caused
by the injury that is serious enough to permanently affect your
ability to lead your life or earn a living. If the lingering
effects of your injury mean that you cannot perform the same
work or play the same recreational sports you did before being
injured, this ongoing loss should be compensable, even though
the amount of the loss is often hard to accurately estimate.
Your spouse and family may also be entitled
to recover monetary damages because of the injury you suffered.
If your injury prevents you from performing the "household
services" you would have otherwise done, such as cleaning
the house or mowing the lawn, these losses are worth something.
So are the emotional damages to your relationship with your family
caused by your injury. These damages are called a "loss
of consortium."
In short, the damages that may be recovered
in a negligence lawsuit include almost every kind of damage that
is caused by the negligence. If you have any questions about
whether you can recover for an injury you have suffered, please
contact us. Every case is fact-specific, and we would be happy
to discuss your situation with you.
TOY SAFETY
Although Christmas is still months away,
it is never too early for parents to be thinking about toy safety.
Given the number of toys the average child has, concerns regarding
toy safety should never be far from mind.
* Before allowing your children to purchase
a toy or giving a toy as a gift, you should read any warning
labels. These labels usually carry recommendations about the
minimum appropriate age for a given toy. The labels also tell
what precautions should be taken when using the toy. Make sure
to follow these recommendations.
* Use your own good sense. For example,
bicycles are associated with 300 deaths and 400,000 injuries
to children under the age of 15 every year. However, the danger
of injury can be greatly lessened if parents simply require their
children to wear a helmet.
* Infants and small children need special
consideration. Look for sturdy, well-constructed toys without
sharp edges. Don't buy toys for children under the age of three
that have cords or strings, because they can become wrapped around
the child's neck. Avoid toys with small parts that can be removed
because small parts present a choking hazard. Deflated balloons
can also cause a child to choke.
* Finally, never rely on someone else to
determine which toys are safe for your children. Recently, a
national fast-food chain had to recall a toy distributed as a
prize in its children's meals because the toy presented a choking
danger to small children. The toy was advertised as being safe
for children as young as three years old.
WHY ARE MY RATES SO
HIGH?
Have you ever wondered how insurance companies
determine what to charge drivers for auto insurance? The answer
is surprisingly complex, because the insurance companies consider
many different factors in setting your rate.
The first factor encompasses "personal"
matters, those that are based on who you are. Personal matters
include your age (younger drivers are charged higher rates; older
drivers often qualify for discounts) and marital status (married
drivers often get discounts). The second factor is your driving
record. Clearly, a driver who has been in a number of accidents
will pay more than a safe driver who has never been in an accident.
The third factor depends on the policy you buy. A commercial
policy covering a delivery truck that drives around all day will
usually be more expensive than a policy for the family car. Also,
if you choose a policy with a higher deductible, your rate usually
will be lower. Finally, the amount you pay depends on the kind
of car you have and where you live. A luxury car costs more to
insure than a clunker, and cars in urban areas are more expensive
because they are more likely to be damaged in an accident or
stolen.
Many factors determine how much you pay
for insurance. Although you cannot control all of them, knowing
what they are can help you lower your insurance rate.
If you are interested in receiving help on your potential
case, please click
here for free (secure online) Case Evaluation. Any initial
consultation with Brennan & Kavouklis, P.A. is free. For more information,
contact us at 813-254-7770, or by e-mail
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