Traverse City Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Survive Black Friday?

Timothy Smith — Sat, 28 Nov 2009 14:19:54 GMT

A number of years ago, I represented a young woman who was injured by a crowd that had gathered outside a Wal-Mart in Cadillac Michigan after reading about a new home video gaming system that was being released. My client was 7 months pregnant and had hoped to surprise her husband with a new video gaming system for his birthday.

By 5am, the crowd was nearly 100 and the Walmart had advertised that quantities were limited to 25 gaming units. As the store approached the opening hour, the crowd was getting restless. Bullies in the back of the line began pushing forward and tempers began to flare. You'd think that Wal-Mart would have recognized this and set up a system to ensure that the sale of the systems occurred in a safe manner to the 25 first individuals in line. Simple measures such as handing out wristbands to the first 25 or any number of approaches would have spared the crowd from what came next.

At the time of the opening, a Wal-Mart employee came forward and simply unlocked the front door. The crowd surged forward as it became every man and woman for themselves. My client, who was 8th person in line, was pushed to the ground and trampled by the folks behind her.

By the time the dust settled on the stampede, my client lay on the floor of the entry to Wal-Mart - bruised, battered and going into labor from the trauma. Emergency medical technicians from Cadillac were called to the scene and transported her to Cadillac Mercy Hospital where the doctors were able to stop the labor. She wasn't able to have any x-rays of her injured pelvis, hips and back because of the risk to the fetus. She spent the next 2 months on her back wondering if her unborn child was going to be okay.

When I sent my first notice of claim letter to Walmart, they responded by denying that their store or it's employees had done anything wrong. Suit was filed against Walmart in Wexford County Circuit Court. I was able to secure a copy of the security tapes from the front door. The tapes showed the Walmart employees laughing at the crowd gathered outside and then laughing at the stampede that ensued once the front doors were unlocked. The video was very similar to this YouTube clip from a Black Friday Stampede in Grand Rapids Michigan.

http://www.youtube.com/watch?v=aeSgBL7gpAk

It's shocking to me that this happens every year at the Big Box stores like Wal-Mart, Sam's Club, Best Buy and others. Even more shocking are the security regulations that each store has drafted and implemented which are rarely followed when the store is releasing a new limited quantity gaming system or on the morning of Black Friday. Through extensive discovery [which Walmart fought every step of the way], my office obtained internal safety rules and regulations that, if followed, could have prevented my client's injury.

What's even more shocking is that Wal-Mart and other big box stores not only endanger the lives of their customers, but evn their employees aren't safe during these Black Friday Riots. In fact, one Wal-Mart employee was killed during one of the Black Friday riots like you just watched above.

http://www.youtube.com/watch?v=5S6UKRaM5fA

Wal-Mart called this death of it's employee "an unfortunate event". That's an understatement. Every big box store knows that Black Friday brings big crowds and that big crowds can cause big problems. So why is it that every year we have people getting injured and even killed while trying to shop? Why aren't stores following the rules and regulations they themselves have implemented to provide a safe shopping experience for it's customers? I suppose we can answer that question in a single word - Profits. Proper security measures are expensive to implement....

My client was one of the lucky ones. The money that Wal-Mart paid to her at the conclusion of the litigation more than covered her medical bills and her pain and suffering. More importantly, after laying in bed under doctors orders for 2 months, her child was born healthy. She still has days where she has aches and pains in her pelvis and low back from where she was trampled, but she knows that it could have been worse. Much worse.

Originally posted at InjuryBoard by Timothy Smith

Dog Bite Basics in Michigan

Timothy Smith — Tue, 24 Nov 2009 15:13:50 GMT

DOG BITE

In Michigan, when a dog bites a person, the person must sue the owner of the dog within three years from the date of the dog bite under MCL 600.5805(10). Proper plaintiffs would include:

· Person the dog bit and injured, as well as their spouse, child, or parent;

· Personal representative of the person killed in a dog attack, who would be a stand-in for the deceased and could recover on behalf of the dead person’s estate.

The proper defendant in a dog bite case includes:

1) the “registered owner” of the dog, or person who has represented him or herself to be the “owner”;

2) the “keeper,” or the “temporary caretaker” of the dog.

The jury will determine the fact question of whether the defendant having possession of the dog rises to “keeper” status and is usually defined as exercising the type of control over the dog that the owner would exert.

Three common potential causes of action for dog bite cases include:

1) The dog bite statutory action, applying to an owner of a dog

The good news in these cases is that generally if a dog bites a plaintiff, the plaintiff must only prove these facts:

· The dog bit the plaintiff and the plaintiff was injured as a result;

· The plaintiff did not provoke the bite, typically a fact question for your jury;

· The defendant owned the dog; and

· The plaintiff was lawfully at the location where the dog bite occurred.

2) Common law strict liability action against the dog owner and “keeper”

When the dog bite occurs while the dog is under the control of an owner or a “keeper,” who knew or should have known of the dog’s dangerous propensities, the plaintiff must prove in addition to the facts listed above.

3) Common law negligence

The same facts as listed under number 1 above plus that the owner or “possessor,” or temporary caretaker of the dog had the dog long enough to know of the dog’s dangerous propensities, breached a duty to the plaintiff of controlling the dog, and therefore was negligent.

More good news for Michigan victims related to defense of dog bite cases:

· Provoking the dog, an issue the jury will decide, is the only defense under a statutory claim

· Reacting to a dog’s viciousness does not constitute provocation under the statute.

If you or someone you know has been attcked by a dog, click here for a prior article I authored on how to treat bite injuries.

Originally posted at InjuryBoard by Timothy Smith

Preventing and Treating Dogbites

Tim Smith — Fri, 30 Nov 2007 09:14:48 GMT

Every year, almost 5 million Americans are bit by dogs. Over 800,000 of these individuals suffer injuries that require medical treatment and 44% of those that require treatment are younger than 14 years of age. Since more than half of the reported attacks are by dogs owned by the family or neighbor of the victim and the most common victims are children, it's important for parents to understand not only how to prevent attacks, but treat them should they occur.

Preventing Dog Bites
Teach children basic safety around dogs and review regularly:
Do not approach an unfamiliar dog.
Do not run from a dog and scream.
Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.
If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").
Do not play with a dog unless supervised by an adult.
Immediately report stray dogs or dogs displaying unusual behavior to an adult.
Avoid direct eye contact with a dog.
Do not disturb a dog who is sleeping, eating, or caring for puppies.
Do not pet a dog without allowing it to see and sniff you first.
If bitten, immediately report the bite to an adult.

The dog breeds most often associated with attacks include pit bull breeds, german shepards, chows, malamutes, Rottweilers, huskies and wolf hybrids.

If your child is bitten by a dog, seek medical attention immediately. Risk of infection to the wound site is a reported in up to 20% of all dog bite wounds. This is why medical attention is so important.

Your doctor or emergency room will irrigate the wound to reduce the risk of infection. They will want to know if your child's tetanus shots are up to date so bring your child's immunization records with you. Depending on the size and severity of the wounds, consultation with a plastic surgeon is likely so that the risk of permanent scarring can be assessed and reduced.

Lastly, discharge instructions will ask the parents to be on the lookout for fever, chills, or severe or rapidly spreading cellulitis which would signal the onset of an infection at the wound site which may necessitate additional hospitalization.

Originally posted at InjuryBoard by Tim Smith

Texas Grocery Store Sued for Slip and Fall

Shannon Weidemann — Fri, 12 Oct 2007 00:16:55 GMT

A man that fell at a Texas Grocery store has filed a slip and fall lawsuit. The man was shopping at a H.E.B. grocery store in September when he allegedly fell and hurt himself.

According to the plaintiff's original petition, on Sept. 23, 2007, Jones was a customer at the H.E.B. in the 3900 block of East Lucas when the incident occurred. The suit says the fall caused Jones to suffer "extensive injuries" but does not state what those injuries entail.
In his suit, Jones says H.E.B. owed him a duty to inspect its premises and maintain the store in a reasonably safe manner.

The man is asking for damages for all medical expenses, his pain and suffering, and loss of income from his injuries. He claims a foreign object caused him to fall. He is asking for his case to be heard by a jury.

If you would like to read more about slip and fall lawsuits, please visit InjuryBoard's Property Owners' Liability information page.

Originally posted at InjuryBoard by Shannon Weidemann

No Charges Filed in York Dog Attack

Shannon Weidemann — Thu, 11 Oct 2007 23:18:54 GMT

A dog attacked and bit a politician going door to door in a neighborhood in York County. The District Attorney has decided that no charges will be filed against the dog owner. The owner of the dog wanted charges filed against the politician for trespassing because she came to the backdoor.

Buster, an 8-year-old pit bull, attacked Caldwell around 6 p.m. Saturday after the candidate went to the back door of Knopp's Craley Road home. Dr. Tony Skiptunas III, who was out campaigning with Caldwell, stepped in to save her and also was attacked.
He said he twisted Buster's collar until the dog couldn't breathe, then wrestled Buster to the ground, holding the dog's head down with his knee.
A chunk of Caldwell's calf was bitten off, and Skiptunas was bitten on the chest and hands.

The dog is currently in quarantine and will be returned to his owner at the end of 10 days. It has been decided he is not a threat and was acting to protect the home.

Originally posted at InjuryBoard by Shannon Weidemann