Have You Suffered a Slip and Fall in a Public Place?

Over one million injuries each year in the United States are a direct result of a slip and fall, and, in fact, falls are consistently one of the leading causes of injury. Personal injury attorneys often use the term “slip and fall” in cases where a person slips or trips—usually as the result of a spill or other issue—generally on someone else’s property. When the fall and subsequent injuries were a result of negligence or failure to maintain property as required, the property owner can be held legally responsible. If you’ve been the victim of a slip and fall, and are still dealing with the medical and financial aftermath, it is crucial that you seek legal representation. Such cases can be complex, and require an experienced attorney who will work aggressively to prove your case and get you a settlement you not only need, but deserve.

Why So Many Falls?

There are so many falls with injuries in our nation in part because most of us do not fully understand the complexities of same-surface slip and fall accidents, assuming people fall because they are awkward or careless, or because they stepped on an object in their path. In truth, people fall for many reasons including the interaction between the walking surface and a person’s shoes as well as the surrounding environment with all its many distractions.

What Causes Slip and Fall Accidents?

There are a wide variety of typical causes for slip and fall accidents. There could be torn or frayed carpeting in a public area which the owner has neglected to repair, or changes in the height of flooring which can give the walker an unwelcome surprise and cause them to end up on the ground, possibly with serious injuries. Poor lighting, narrow or steep stairs and a wet or sticky floor can all cause slips, and stairway injuries can be quite serious. Public sidewalks may be broken or cracked to the point they cause falls, or hidden hazards such as a pothole in the ground can catch a person totally unaware, leading to injuries such as broken bones. Inclement weather, especially rain, ice and snow are also responsible for a number of slip and falls each year.

What are Your Rights Regarding a Slip and Fall?

When you are walking in a public place you have the absolute right to be warned of any hazards which could cause you to slip and take a tumble. If there are warning signs of hazards ahead and you proceed anyway, you must assume at least a portion of the risk. However, if a known hazard has been ignored or knowingly disguised, it can be assumed that an accident will likely occur. Poor lighting often disguises defects in walking surfaces or flat-out hazardous conditions, therefore changes in your “normal” walking environment must be made clearly visible to all pedestrians to safeguard their health. Walking surfaces should be properly illuminated with the necessary amount of contrast to enable walkers to see what lies ahead.

Determining Liability

The bottom line in determining whether someone else was legally responsible for your injuries following a slip and fall is whether or not the property owner exercised due care to avoid such accidents, and whether your own actions or careless behavior significantly contributed to your fall. Your lawyer can advise regarding whether a dangerous condition did in fact exist, and whether the owner or possessor of the property could have been reasonably expected to be aware of the that condition.  It must have also been reasonably foreseeable that negligence or failure to take action on the part of the owner would likely create such a dangerous condition.

Time will be a critical factor in this determination; if a customer spilled a soda on the floor of a fast food restaurant, and three seconds later you walked into the mess and found yourself on the ground, then the owner could not be reasonably expected to have removed the hazard before your arrival. If, on the other hand, the soda was spilled two hours ago, and it still has not been cleaned up, your case just became much stronger in proving negligence. It is incredibly important that you have photos of the scene of the slip and fall as well as witness statements to corroborate your own account of your fall.

An experienced Mississippi slip and fall attorney can ensure your rights are protected during this time.  Call us today for a free consultation.

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Getting a Fair Settlement for Your Whiplash Injury in Mississippi

If you’ve recently been involved in an auto accident, and find later that your neck was injured during the crash, you may be hesitant to contact an attorney due to the negative associations commonly linked to claims of whiplash. Whiplash is a very real injury which is caused when your head and neck are subject to extreme motions in which the neck snaps or jerks. While whiplash injuries are most common in collisions where one vehicle strikes another form the rear, the truth is that even an accident which occurs at relative low speeds and is not particularly high-impact can result in serious whiplash injuries.

Those injuries can vary in severity depending on where your head was at the moment of the impact as well as the location of your headrest and seat, the dimensions of your vehicle (and the one that hit you), and your own size. Although whiplash is considered a soft tissue injury, this does not make it any less serious, and if you delay treatment, or allow the injury to go untreated, you could end up with severe, long-lasting effects.

Symptoms of Whiplash

While most symptoms of whiplash will manifest themselves within 24 hours of your injury, in some cases they will not be felt for a week, or even a month following the accident. You may suffer neck pain and stiffness, or headaches which are typically felt near the base of your skull. Some people with have dizziness or nausea, blurred vision or extreme levels of fatigue. Less commonly those who have suffered a neck injury could experience difficulty in concentrating, memory issues, insomnia, a ringing noise in the ears, or mood disturbances such as irritability. In very severe cases of whiplash, the pain can spread to the shoulder and arm area, it can become extremely difficult and painful to move the head and you could have numbness, tingling or weakness in your extremities.

Long-Lasting Effects of a Whiplash Injury

Your neck is comprised of tendons, ligaments and muscles which are intricately wrapped around and through your spine, which is responsible for supporting your entire body. When these tendons, ligaments or muscles are damaged in an auto accident, you may be sore or stiff for days following the accident, or in some cases, even weeks. Most whiplash injuries will heal, with no lasting effects, however in some cases the soreness you feel is an indicator of a much more serious injury. You may have even slipped a disc or damaged the spine itself. A herniated disc can slowly worsen for years before you realize you need treatment, so a diagnosis immediately following your accident can potentially prevent years of pain.

Filing Suit for Your Whiplash Injuries

You must first be aware of the statute of limitations phase as dictated by your specific state laws, then you will be required to prove that the person who caused your whiplash injury had a responsibility to refrain from acting a specific way, that he or she breached this duty, causing the accident, that you were injured, and that those injuries were a direct result of the defendant’s breach of duty. If you are able to prove all four of these elements, you could be permitted to receive monetary damages, and may also qualify for punitive damages. General damages are paid for your physical pain and suffering which you now endure as a direct result of the accident. You may also be able to claim emotional pain and suffering or loss of enjoyment of your life under general damages. Special damages are a bit more arbitrary to some extent and are paid to you as compensation for loss of earnings, including potential loss of future earnings or damages to your vehicle, including the cost of a rental car while your car is being repaired. Whether the other driver’s act of negligence or recklessness caused your accident or not, you should still seek the advice of a competent whiplash injury attorney. Your attorney can then assess all the damages you suffered because of the accident and work hard to ensure you receive a fair level of compensation for your whiplash injuries.

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Getting Compensated for a Subway Accident While On Vacation

In New York alone, over four million people use the subway each and every day, and, in fact, consider it their primary method of transportation for getting to and from work, school and any other errands they are engaged in. Many subway systems are old and need everything from minor repairs to serious restorations. Some subway stations are dark and have completely inadequate lighting which can lead to unsuspecting victims being assaulted. Whether you are a daily subway rider, or an occasional one, you should be aware of the hazards surrounding the subway and the subway station.

“Typical” Subway Accidents

Though it is rare, people have been known to get electrified by the train tracks. More commonly, many people are the victims of robberies, assault, rape and other vicious crimes. Turn-style injuries are relatively common, as are subway door injuries and slip and falls inside the subway itself, in the subway stations, and most particularly on the staircases in the subway station. Fractures, bruises, cuts, and injuries to the back are frequently seen as a result of this type of injury. The subway is not meant to be a danger to your health, and the city is responsible for regular maintenance.

Slip and Falls in the Subway or Station

If you have been injured in a subway accident, it is imperative that you file a notice of claim within ninety days of the accident or your claim will be denied out of hand, regardless of its relative merit. Trips and falls on subway staircases and platforms are very common in subway stations, however the extent of your injuries as well as the location and reason for the fall are important factors in any claim of a subway accident. In other words, simply claiming you fell on subway stairs will not be sufficient—you will have to identify the exact staircase you fell on. Unless the stairs, landing and platform are clearly numbered, you may have difficulty determining the location without help from the subway authorities.

What to do if you’ve Fallen in the Subway Station

It is better to remain where you are once you’ve fallen unless you are in further danger if you don’t move. Call 911 or have someone around you do it for you. If there were witnesses to your accident, try to get their names and numbers. This can be a feat in itself, since most people riding the subway are rushing to get somewhere and may not want to take time from their busy day to help out. Did you simply stumble and fall, or was there a definite reason for the fall such as an uneven surface, or a significant crack? Could there have been something spilled on the floor or the staircase that caused your fall? Whatever the reason for your fall, it is imperative that you clearly document it. If there is a clear, definable reason for your fall, snap a photo with your cell phone. You may find later that this kind of clear-cut evidence is invaluable in proving your case.

Notice of Defect

The subway area is a bit like anything owned and operated by a landlord, only the landlord in this case is usually the city. As with any property owner, in order to hold them liable for an accident, they must generally receive prior notice of the defect or you might not be able to prove negligence. Another person in the subway could have spilled their coffee just minutes before you came on the scene, slipped and fell down. In this case the property owner, or the city personnel, could not reasonably have been expected to discover the spill and have it cleaned up by the time you came along. On the other hand, if a leaky pipe put the liquid on the floor which caused your fall, and it is relatively apparent that the pipe has been leaking for some time, that’s a different story.

If you’ve been injured in a subway accident, whether relatively minor injuries are involved, or life-changing injuries, you need an experienced subway accident attorney to look out for your interests and guide you through the claim process. There are different rules for governmental entities so don’t let your window of opportunity pass you by. Get the compensation you deseve and need for your subway accident.

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Excessive Force by Law Enforcement Can Have Tragic Results

Seattle is in the news this month and not because of some philanthropic effort by Bill Gates. The Department of Justice is looking into the Seattle Police Department for a pattern of excessive use of force and discrimination against minorities.  There have been a few high profile incidents that have spurred this investigation. About a year ago, a Seattle police detective was videotaped kicking a Latino robbery suspect all while telling him that he would beat the “Mexican piss” out of him.  In another case, a police officer was videotaped punching a 17-year-old African American girl who was arguing with him about arresting her friend for jaywalking.  In yet another incident, police shot a Native American woodcarver after he didn’t drop his carving knife.  The Seattle Police Chief says they have nothing to hide and is not at all worried about the investigation.

Police officers are expected to do their job and violence is definitely part of their everyday existence.  However, officers in the line of duty are limited in the amount of force they may use and under what circumstances they may use such force.  Sometimes the lines get blurred, and these boundaries are violated.

Every year there are over 500,000 reports of police abuse filed by victims of police brutality. Settlements and judgements for police misconduct amount to over $100 million each year.  If you have been the victim of police brutality, the Federal Civil Rights Act may provide legal remedies and permit you to file a lawsuit against the government when a law enforcement officer injures you by means of excessive force.

What is Excessive Force?

Excessive force may take different forms and arise out of a great number of situations including the following:

  • Inappropriate use of a firearm
  • Overly aggressive use of force during arrest given all the circumstances
  • Excessive force while a person is detained or in custody
  • Overzealous use of weapons including tasers or batons
  • Assault and battery
  • False imprisonment

By way of example, there was an incident of excessive force being used by campus police against a student on the UCLA campus when police repeatedly stunned the student with a taser gun for not producing his student ID and leaving the library promptly enough.  The student was studying in the library and was asked to produce his ID, which he did not have with him.  The officers then tasered the student repeatedly when he apparently did not leave the library fast enough. Other students with their cell phones captured the incident on video.  The student filed a lawsuit alleging that UCLA and its police department violated his civil rights.

Challenges in Building a Case

It can be very challenging to establish a claim for police brutality.  Many times the witnesses to an incident of excessive force by police will be other officers who may be hesitant to provide information that might be damaging to a fellow law enforcement officer.  Experienced attorneys have investigators with the knowledge and experience to assist you in coping with these obstacles to the discovery of evidence in cases of police brutality.  If you have experienced any form of police brutality, it is important for you to contact an experienced Mississippi personal injury attorney to review your rights and remedies.

Issues Involving Immunity

Another challenge for personal injury lawsuits for injuries caused by excessive force is that the police officers have qualified immunity for acts committed in the course of their duties if the officer is acting within the scope of his discretionary authority.  Even a police officer that shoots or kills someone may be found to have acted with reasonable force.  The defense of qualified immunity is usually supported by having a law enforcement officer testify that the use of force was reasonable and that the officer who is testifying would have used similar force in the same or similar situation.

Protecting Your Rights & Preventing Police Misconduct

While acts of violence against innocent victims are always tragic, unjustified acts of violence committed under the color of law are even more troubling.  Law enforcement officers are authorized to use force, which means they have an even greater obligation to exercise judgement and discretion in using this power.  Most law enforcement officers are conscientious and would not intentionally use excessive force.  However, the Seattle incidents reveal that there are exceptions, which can lead to tragic results when a police officer exercises excessive force.

At Barrett Law, PLLC, our personal injury law firm in Mississippi have been representing those who suffer personal injury or wrongful death in Lexington and throughout the state of Mississippi and have roots that date back 75 years.  If you have suffered serious personal injury or wrongful death as a result of excessive force by a police officer anywhere in Mississippi, call us today to see how we can help at (662) 834-2376.

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