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Premises Liability Archives

Slips and falls may be preventable

Business owners throughout New York may be surprised at the results of a CNA study on slip and fall accidents. Researchers at the financial corporation have studied the slip and fall liability claims that the insurer received from Jan. 1, 2010, to Dec. 31, 2016, coming to several important conclusions.

Facilities managers overlook many slip and fall hazards

The Walk Zone Safety Report prepared by a safety equipment supplier should act as a wake-up call to facilities managers throughout New York. The company surveyed professionals in risk assessment, safety and building maintenance throughout many industries to calculate their awareness of floor safety risks. Survey responses revealed widespread underestimation of slip-and-fall risks throughout commercial and public buildings. Although the data documented 10 different types of locations as fall risks, 46 percent of respondents expressed their belief that their facilities presented three or fewer fall risk areas.

Ride malfunction turns state fair deadly

Most New York residents probably would not expect a state fair to be the setting of a tragedy, but a ride malfunction at the Ohio State Fair killed one person and injured others on July 26. The fair in Columbus opened on the same day the accident happened, which put a damper on the events as fairgoers were horrified by the fatality and rides were shut down for safety inspections.

Ankle injuries caused by slip-and-fall accidents

When people slip and fall on property that may be unsafe for visitors or patrons, they could potentially suffer serious injuries to their ankles. Since ankle trauma could cause severe pain and prevent individuals from working for significant periods of time depending on how badly they're hurt, injured parties may want to file premises liabilities claims against the liable property owners.

Amusement parks and liability

New York residents may have heard about some serious injuries at amusement parks. In 2016, a 10-year-old boy died in an accident at a Kansas water park. Both the manufacturer of the rafts for the ride and the owners and operators of the park reached a settlement with the family. Although the amount was not disclosed, it was believed to be around $20 million.

Filing lawsuits against big box stores

When New York consumers are injured when shopping at a big box store, they may be able to negotiate a settlement with a store's claims representative if the injuries were caused by another party's negligence. If hazards in the store caused an injury, the customer will need to file a lawsuit.

Dealing with spring break injuries

For many New York college students, spring break is a chance to get away from school obligations for a few days. However, it is also a common time to suffer injuries, which can be difficult if the student is away from home and school. Knowing what to do after suffering common spring break injuries can ease students' minds.

Oculus fall may reveal design flaw

Friends and family - including the twin sister - of the 29-year-old Kearny woman who plunged three stories to her death at the Oculus transportation hub inside of the World Trade Center are mourning her tragic and sudden passing. The woman did not survive the 34-foot fall to the marble floor below. She was pronounced dead at Bellevue Hospital.

Determining fault in personal injury cases

In New York, when a person files a personal injury lawsuit, pure comparative negligence comes into play. This means that whatever percentage the defendant is deemed to be responsible for the injury is the amount the defendant will be required to pay. For example, if a court finds that a plaintiff is 90 percent responsible for the injury, then the defendant is only liable for 10 percent of the damages.

Protecting against premises liability

Employee and customer safety are top priorities for most businesses in New York. Anticipating safety hazards and taking steps to fix them is important as accidents may happen even when steps are taken to make a property as safe as possible. However, when a business owner takes steps to rectify an issue, it may be less likely that an injured customer can claim negligence and win a lawsuit.

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Orin J. Cohen Law
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