Premises Liability Lawsuit Loans

Get the cash you need now from TriMark Legal Funding and only repay after your case settles.

Legal Funding For Plaintiffs

TriMark Legal Funding has been a trusted provider of top-rate premises liability lawsuit funding nationwide. Pre settlement and post settlement lawsuit funding is a fast and affordable solution to the financial challenges experienced by plaintiffs as their cases drag on for years.

In simple terms, premises liability assumes that the owner or occupant, e.g. a renter, is responsible for keeping their property relatively safe for guests. If you filed or are about to file a claim for personal injury suffered due to this type of negligence, you may be jumping through expensive hoops. This is where premises liability lawsuit funding can come through.

Usually, victims wait until their hospitalization and recovery are over to determine the full value of their settlement. That translates to accumulating medical bills, and, for one in four Americans, debt.

You can have your back against the wall in your fight to get the compensation you deserve.

But there’s a way to mitigate the risks in this battle, especially when it comes to finances. Premises liability lawsuit funding can help take care of your current needs by advancing your settlement money. This common type of legal financing comes to the rescue of tens of thousands of plaintiffs, some of whom may be close to reaching their breaking point.

Find out if this solution is the right fit for you. Apply now, or call us at 1-(877) 932-2628 to have one of our premises liability lawsuit funding experts walk you through the application process.

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How Do Lawsuit Loans Work?

TriMark Legal Funding specializes in helping heirs with estates in probate.
Getting a probate advance is a simple 3-step process:

1. Apply for Funding

You can apply online or by phone. We’ll answer your questions and gather some basic information about your inheritance.

2. Review & Approval

Our team will review documents (usually accessible online), approve your request and execute paperwork via DocuSign.

3. Receive Your Money

Funds are wired directly into your bank account. The entire process can take as little as 3 hours. Most cases fund in under 24 hours

Premises Liability Pre Settlement Funding and Premises Liability Lawsuit Loans

Premises liability lawsuit funding places value on your settlement now and then converts a portion of it to cash, which you can use to meet urgent needs.

For premises liability cases resulting in personal injuries, funding can range from $10,000 up to $500,000. You can receive your requested amount in as little as 24 hours from the time of approval.

The concept of premises liability lawsuit funding is upfront, risk-free, and plaintiff-friendly. While it is sometimes called a lawsuit loan, it works differently from a conventional loan. It avoids adding financial stress to the recipient by making monthly payments unnecessary. You’re expected to pay back the advance only when your settlement is paid out.

Going through application to approval is also a breeze. You can get the ball rolling just by filling out an online form or calling to speak with a company representative. 

Because providers like TriMark can take only your future settlement money as collateral, qualifying for premises liability lawsuit funding is easy; we don’t ask for your credit score, income proof, and employment history. Your agreement with us is considered a non-recourse obligation.

If your case is taking forever to settle, premises liability lawsuit funding is probably your best bet. 

Talk to us at 1-(877) 932-2628 if you have comments or questions, and ask for a quote to see if there’s a match.

Common Types of Premises Liability Cases

Premises liability lawsuits involve a staggering array of personal injury lawsuits. Here are some of the most common cases:

Commercial and Retail Property Liability

Retail stores have a duty of care to keep the premises reasonably safe for customers. This includes eliminating hazards or knowing about dangerous conditions and removing them accordingly. For example, retailers should act on water or any wet merchandise spilled on the floor to prevent slip-and-fall accidents.

Construction Site Accidents

Construction workers face danger in their workplace every day. Some experience disability or death due to falls, impact from a heavy object or equipment, electrocution, and getting caught in machines. Scaffolding and excavations also pose a hazard to their safety and health.

Dog Bites, Attacks, and Maulings

All states require dog owners, and pet owners in general, to uphold a standard of care on their property. This includes being held liable for the injuries and damage caused by their pets’ actions, such as dog bites.

However, some states follow “the one free bite rule,” which states that a dog owner should have a reason to know the dog might bite for them to be legally responsible for a dog bite.

Slip & Fall Accidents

Slipping on a wet floor, tumbling down a defective staircase, or tripping on uneven ground are some of the most common causes of slip-and-fall accidents each year. Your visitor may slip and fall on your property, and you may be blamed for their injuries. If they prove your negligence, you will have to settle or pay for the damages caused.

In most states, the condition of the property and the actions of both the owner/occupant and the visitor can affect the court’s decision regarding damage recovery. The visitor’s status is another variable (licensee, invitee, and trespasser).

Homeowner Liability Accidents

As a homeowner, you should routinely check for conditions that might endanger yourself and others. If someone enters your home as an invitee or licensee, you can be held liable for the injuries they may sustain on your property. This duty of care may or may not be extended to a trespasser.

Animal attacks, burns, crush injuries, drowning, electrocutions, nursing home negligence  and abuse, permanent disabilities, and even death are more examples of cases that coincide with a premises liability lawsuit.

An Explanation of Premises Liability Law

The premises liability law presumes a duty of care exercised by any person in possession of land or premises. Those “in possession of land or premises” are not limited to owners. Property managers, tenants, vendors, and event organizers can fall under this category. 

For instance, a vendor renting a commercial space is considered in possession of the property. He or she is expected to keep the premises reasonably safe. When an accident, injury, or any other acceptable form of danger happens to someone else on the property, he or she subject to potential premises liability claims.

Meanwhile, that “someone else” traditionally has to fall within any of three categories: licensee, invitee, and trespasser.

  • Licensee: A person who enters and stays on the premises for any purpose, except business or commercial. Permission from the owner or occupier is express or implied. While they may be invited to the property, a social guest is a licensee under the law.
  • Invitee: A person invited to the premises for a mutually beneficial purpose, such as commercial or business. Permission from the premises holder is also express or implied. Customers and contractors belong to this group.

The property owner or occupant owes the highest duty of care to both types.

  • Trespasser: A person who enters the property without the landowner’s knowledge or consent. Their presence on the land or premises is for their own purpose.

Decades ago, trespassers were not entitled to damages under the premises liability law. But a California Supreme Court opinion on Rowland v. Christian, 69 Cal.2d 108 (1968) abolished the significance of the three distinctions in determining the liability of a premises holder for the harm caused. This opinion influenced how other states developed their law of premises liability.

Still, many states enforce no kind of damage recovery for trespassers who are injured on the property but do not have any right to be there. Child trespassers are usually an exception to this rule and are given a higher duty of care.

Also, in the likelihood of trespassers entering the premises, it is within the duty of the property owners or occupiers to provide reasonable warnings against non-obvious dangers. 

Premises Liability Lawsuits

A property owner or occupant can be held liable for the accident or injury suffered by a licensee, invitee, and in some cases, trespasser on their property. It is their duty to warn visitors of any kind, within a standard of reasonableness, about the danger of activity on their land or premises.

Many premises liability lawsuits involve personal injury claims due to the inevitable link to personal injury and differences in state laws, rules, and regulations. 

As the plaintiff, you have to prove that the actions, inactions, or negligence of the premises holder caused serious harm, injury, or death to another person or persons.

Most states follow the doctrine of comparative fault, which can be further classified as pure and modified. 

In pure comparative fault, your compensation is reduced based on your share of negligence. Let’s say your claim amounted to $100,000. Your case went to trial, and the court found you 20% liable for your injuries. You’re now entitled to receive $80,000 in compensation. This principle applies even when the plaintiff is 99% at fault. 

Many states exercise modified comparative fault, which allows recovery if the plaintiff is 49% or less at fault (50% bar rule) or bars recovery if the plaintiff is 50% or more at fault.

Another negligence doctrine, called contributory negligence, still exists in five states. This defense does not grant any compensation to the plaintiff as long as they have a share of blame or liability in the harm suffered, regardless of its proportion. While this rule is harsh to plaintiffs, it’s deemed favorable by insurance companies.

Background on Premises Liability and Personal Injury

This area of law involves business and commercial properties. But the impact can extend to residential properties, such as the expansion of liability to landlords in these intruder attacks on tenants.

Retail and recreational property owners should also be aware of what the law expects of them. A 2004 article reported that 1,000 customer injuries occurred in Wal-Mart stores every day. Slipping on water or merchandise spilled on the floor and getting hit by falling merchandise were two of the common reasons for the injuries.

Back in the 1990s, premises liability was the kind of case that was preferable to avoid. According to the Defense Research Institute, the plaintiffs were more likely to win in industrial property injury cases. But a nationwide survey of jury cases found the reverse was happening in 2000, with median compensatory awards having risen steadily since 1994.

Consider, too, that many cases get settled before going to trial.

Condition of the Property and Actions of the Parties

Courts in some states concentrate on the state of the property and the actions of both the visitor and the owner. Generally, owners and occupants have a duty to keep the property reasonably safe for all kinds of visitors other than trespassers. 

In determining the duty, a standard of reasonableness is applied. Thus, reasonable care depends on factors like:

  • the circumstances under which the visitor came on the property;
  • the nature of the property;
  • the reasonableness of the owner or occupant’s actions toward a dangerous condition (making repairs or giving warning to visitors); and 
  • the ability to predict injuries are considered.

The primary responsibilities that fall on the shoulders of the premise holders under the duty of care are as follows:

  • regular inspections of the property to find out the presence of dangerous conditions; and
  • make repairs and put warnings accordingly to prevent lawful visitors from injury.

Latest Developments in Premises Liability Litigation…

Surveillance footage showed that employees walked past a spill on the floor several minutes before a customer fell and sustained injuries, the California Court of Appeal for the Fourth District, Division One said in a recent case. In Hassaine v. Club Demonstration Services, Inc., a customer – the plaintiff in this case – was shopping at Costco Wholesale Warehouse Corporation’s Carmel Mountain Ranch location in San Diego. She slipped on a slippery substance on the floor of the aisle, fell flat on her back, and sustained injuries. The plaintiff sought compensatory damages from Costco and San Diego-based Club Demonstration Services (CDS), the independent contractor that operated sample tables of food and non-food merchandise within Costco’s warehouses, based on negligence and premises liability. The store’s surveillance video showed that, seven minutes before the plaintiff’s fall, a CDS employee twice walked past a dark spot that the spill made on the floor…. Read more
It's been a year since Jan Garwood, a 72-year-old central Florida woman, won her freedom back and started trying to piece together what was left of her life. In 2017, Garwood was placed in an assisted living facility against her will. A judge had declared her mentally incompetent and put her in the care of a professional guardian to protect her health and finances. The system was supposed to help her. Instead, Garwood felt like a prisoner. She was stuck in a lockdown ward for three years, until a local activist and two attorneys managed to get her rights restored. By then, though, she'd lost more than three years. Her guardian had sold her house, leaving her temporarily homeless. All of her possessions were missing…. Read more
Dog bite claims are common among insurance carriers. The Insurance Information Institute reported $882 million in carrier liability for dog bites and injuries in 2021. In 2020, AP News reported 46 deadly attacks on humans by dogs and the average cost per dog bite claim that year increased to $50,425. Types of dog bite claims Insurance carriers see several types of dog bite claims. The most common involve house guests injured by a homeowner’s dog. Claims also arise when a dog gets off its leash or when a dog escapes the owner’s property and attacks a passerby. Establishments, such as pet-friendly hotels and businesses, may also see claims if a dog attacks a patron. How does North Carolina law … Read more
Ice? Every business owner or landlord has a legal responsibility to maintain their property as a safe place free of hazards for customers, clients, and employees. They bear a direct legal liability for anything that goes wrong on their property, as long as the person who was affected had a legal right to be there. If you’re a business owner and it’s snowing outside, you’d better make sure to shovel your walkway ASAP. Business owners are responsible for all of their property, not just the inside space. When the snow and ice pick up in the winter, owners can be held liable for slip and fall accidents on the ice outside if they fail to keep their premises safe. Negligence If someone slips and falls, … Read more
Supermarkets are the most frequented stores by the average American. As a result, injuries caused by store negligence are not uncommon, but neither are illnesses. Common supermarket accidents often occur from damaged grocery carts, slippery floors, and floor mats. Malfunctioning automatic sliding doors, items falling from shelves, tripping over obstructions on floors, and uneven pavements or tar surfaces in parking lots are also culprits for frequent accidents. Finally, spoiled or tainted foods can also cause food poisoning. There are countless regulations in the U.S. for ensuring food safety in establishments that sell food, including grocery stores. Supermarket managers and employees must also ensure customers are safe from injuries by removing potential hazards. Premises liability laws apply to supermarkets with a duty of care, ensuring their … Read more
The State of Michigan says of roughly 28,000 deaths related to COVID-19, a little more than 6,000 of them were in long-term care facilities, including nursing homes. But a new report coming out on Monday will reportedly show that number is higher. So why the discrepancy? The state says their data is right, even as the data was released following a lawsuit filed by the Mackinac Center Legal Foundation, on behalf of former FOX 2 reporter Charlie LeDuff. The suit was to force MDHHS to turn over numbers and the department settled. Steve Delie from the Mackinac Center says that the public has a right to know how many people in these facilities that house the elderly have passed away from COVID-19. Facilities that have fewer than 13 beds are not counted in the state's data – and that includes adult foster care, homes for the aged, and skilled nursing facilities. If… Read more
Are slip and fall cases hard to win? Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant: Owed them a duty of care (negligence) or similar legal obligation (premises liability); Acted in a way that breached that duty or obligation; and That breach caused the injured person’s injury/loss/damage. If any of these elements are missing, the injured person will not win in a court of law. However, many personal injury cases are settled before they ever make it to the courtroom. If the facts of the case show that the defendant’s negligence caused the plaintiff’s injuries, the plaintiff has a very strong case whether in settlement negotiations or in court. … Read more
Kathleen Escobar will never forget the day in November 2020 when COVID-19 hit the memory care center where her mother lived.  An aide from Table Rock Memory Care in Medford called to tell Escobar three of the facility’s residents had COVID infections. The aide reassured her: Escobar’s 88-year-old mother, Peggy James, showed no signs of having COVID. But the news alarmed Escobar. She lived a few minutes away — she could dash over and bring her mother home until the COVID outbreak at Table Rock ended. The Table Rock aide told her that wouldn’t be necessary. The residents with COVID had been isolated. Her mother was safe.  “They acted like it was no big deal,” Escobar says. “They were very much like, ‘It’s all right. Don’t worry about it.’” It wasn’t all right. Table Rock failed to contain the outbreak, and within days, the number of cases exploded from a… Read more
A Fresno nursing home was fined more than $900,000 in 2018 for poor patient care, but consumers have been hard-pressed to find any public record of the massive penalty or many other big fines…. Read more
OSHA requires slip, trip and fall hazards to be quickly identified and addressed and for employers to conduct regular and periodic inspections and maintenance. With so much attention placed lately on Covid-19 vaccines, testing and prevention measures, it is easy to slip and forget the other common threats that put employees in danger. Now, however, with the cooler temperatures and changing colors in some parts of the county, we have a brisk reminder of the importance of thinking beyond the pandemic and refreshing our training programs to teach employees how to avoid slips, trips and falls in the workplace. In addition to the slippery and icy surfaces outside our doors, manufacturers should also pay attention to dangerous conditions inside their facilities and factor that into their employee safety training programs. Slip, trip and fall accidents remain among the … Read more
In an early blow to skilled nursing facilities, the 3rd U.S. Circuit Court of Appeals ruled against two nursing homes in New Jersey, finding the COVID-19 lawsuits should continue in state court. Negligence and wrongful-death lawsuits were initially filed in April 2020 in state court against Andover Subacute & Rehabilitation I & II by families of four residents who died of COVID-19. The ruling, issued last week, is believed to be the first decided by a federal appeals court on the matter, according to the opinion. The lawsuits alleged the facilities did not take precautions to contain the spread of COVID-19, including failing to monitor food preparation, failing to provide personal protective equipment and allowing visitors and employees to enter the facilities without taking their temperatures or making them wear a mask, the ruling stated. After the lawsuits were filed in state court the nursing home defendants requested the cases… Read more
Authorities were called to a home along Apache Lane in Kodak Oct. 19 after reports of a dog attack. A dog attacked and killed an infant and injured the child’s grandmother, according to officials with the Sevier County Sheriff’s Office. The mother, Tiffany Parker, said 7-month-old Bentley was visiting his grandmother while she was moving into a home a block away. She told WVLT News she eventually heard commotion coming from near her mother’s home and rushed over to check on her son. Investigators told her the family dog, which Parker said was a St. Bernard, attacked her mother and killed her son. Parker said the dog typically stayed outside when the baby was visiting his grandmother. “He was so innocent. I know he couldn’t fight for himself and I know my mama did all she could,” said Parker. “That baby was so precious. So full of life. He just… Read more
A nursing home abuse lawsuit is a legal action taken against a nursing home for mistreatment of a resident. Most victims file civil lawsuits for compensation, though some may file criminal lawsuits for restitution. Many civil lawsuits end in settlements. Elder abuse is not a new problem, and it’s common, according to the Centers for Disease Control and Prevention. While elder abuse can occur anywhere, a growing number of nursing home residents experience abuse. About 1.3 million Americans lived in nursing homes in 2015, according to the CDC. Nearly 1 in 3 nursing homes were cited for violations, according to data cited by the National Center on Elder Abuse. About 1 in 10 homes had violations that caused serious injury or harm. Some of these injuries were serious enough to be life threatening…. Read more
An animal control officer was attacked by a pair of pit bulls roaming a Riverside property, the officer suffered bites to one of his legs before he used force to repel the canines. According to the Riverside County Department of Animal Services, Officer Michael Cox went to the 2500 block of Mount Vernon Avenue, on the west side of Box Springs Mountain Reserve Park, shortly after 11 a.m. to investigate complaints that four dogs were on a homeowner's adjacent but vacant fenced property. Agency spokesman John Welsh said that when Cox approached the dogs, they initially seemed friendly, but then one of them latched onto his right leg, puncturing it. A second pit bull then joined in the attack, also biting the officer. Officer Cox retreated while using his retractable baton and pepper spray to protect himself, Welsh said. Paramedics were requested, as well as additional animal control officers and… Read more
A special master sided with WCPO in its complaint against the Ohio Department of Health last week, ruling that health officials violated the state’s public records law when they refused to release the number of COVID-19 deaths at a Cincinnati nursing home. WCPO and other media outlets have been fighting for more transparency for nearly a year against state health officials, who refuse to say how many residents die of COVID-19 at each nursing home. Other states, such as Kentucky, Indiana, Pennsylvania, Michigan and West Virginia, openly release this information to the public. “The Ohio Department of Health ignored it," said WCPO’s attorney, Jack Greiner. "They just ignored that provision of the law, and they were called out for it by the special master.” Attorneys for Ohio’s health department tried to argue that death information is private under state law. Special Master Jeff Clark disagreed, noting that the information is… Read more
An issue that doesn't get enough attention in this country is elder abuse. According to the Centers For Disease Control, more than 500,000 older adults over the age of 60 are neglected each year. And those numbers are probably low because a majority of cases likely go unreported. Nursing home neglect is a tragic but common problem in the United States. It occurs if a nursing home doesn't provide proper care to its residents which results in physical or mental health problems…. Read more
This winter, after I lost my footing and shattered my arm on an icy sidewalk, I knew I faced a grueling physical recovery. What I didn't anticipate was the weeks of wrangling with an insurance company for what was ultimately a modest settlement. My slip-and-fall homeowners insurance saga offers lessons in case you, too, ever tumble to injury on snow, wet leaves, or another hazard. My mishap happened in front of someone's house on a January Minneapolis evening, as I was walking my twelve-year-old dog. The fall broke both the bones in my right lower arm, and a titanium plate and screws were required to put the larger bone back together. I lost about two months of work and a major gig, and I’m still … Read more
Potential neglect and prolonged isolation may have caused serious harm to many people in nursing homes in the United States during the Covid-19 pandemic, Human Rights Watch said today. Interviews with more than 60 people, as well as reports from independent monitors, revealed concerns including extreme weight loss, dehydration, untreated bedsores, inadequate hygiene, mental and physical decline, and inappropriate use of psychotropic medications among nursing home residents. Staffing shortages, a longstanding issue that was a significant problem during the pandemic, and the absence of family visitors, many of whom nursing homes rely on to help staff with essential tasks, may have contributed to possible neglect and decline. Federal and state authorities should investigate the situation and ensure accountability for abuse…. Read more
When you've made the tough decision to place a loved one in a nursing home, you expect them to receive quality care. That's what nursing homes are for, after all. They are there to provide your loved one with a level of care that you are unable to. Fortunately, most nursing homes do this and provide excellent care to all of their residents. But, if you ever suspect nursing home abuse or neglect, you need to take action right away…. Read more
For Vivian Rivera-Zayas and her family, the troubles began in January 2020 after her 78-year-old mother Ana Martinez experienced complications from knee-replacement surgery and doctors sent her to Our Lady of Consolation, a nursing home in West Islip, New York, for a few weeks of therapy. Ana was supposed to return to her Williamsburg apartment by the end of the month, but her discharge was postponed again and again. Then came New York Gov. Andrew Cuomo's March 12 order locking down nursing homes in response to COVID-19…. Read more
There are calls for New York Governor Andrew Cuomo to resign. A report by state Attorney General Letitia James, also a Democrat, found that his administration deliberately undercounted the actual numbers of deaths that occurred in nursing homes. The actual percentage may be as much as 50% higher. An FBI investigation is underway, and many families want to sue nursing homes for negligence, but a law in New York state gives nursing homes, hospitals and other care facilities liability protection from coronavirus death suits…. Read more
Like nearly 30 other states, North Carolina granted legal immunity to nursing homes to shield them from COVID-19 lawsuits. Nursing homes argued that they needed protection as the coronavirus raged through their facilities and the recommended safety guidance from the Centers for Disease Control and Prevention fluctuated…. Read more
“Slip and fall” cases represent the bread-and-butter of the “premises liability” tort – a personal injury genre which supports an entire industry of attorneys, insurance agents, physical therapists and related professionals. The tort is among the most common civil actions in the United States, fueled by millions of “slip, trip or fall” injuries that take place all over the country each year. Anyway, of these incidents an estimated 800,000 require hospitalization, according to data from the U.S. Centers for Disease Control and Prevention (CDC). And the annual cost in terms of medical treatment related to these falls was (at last count) north of $50 billion– of which anywhere from 50 to 75 percent gets subsidized by Medicaid…. Read more
How much can you get if your leg is broken in a car accident and you miss 12 weeks of work? What amount will a jury award if you fall at a grocery store and permanently injure your back? There is no set answer. And don’t believe an attorney who promises you will walk away with a set amount of money. Many factors go into determining how much money to seek in a personal injury lawsuit. Some amounts are easy to calculate based on facts and others are much harder to determine. Even when an overall financial value is placed on the damages one suffers from a car accident, slip-and-fall injury or other occurrence, many other circumstances determine what the victim takes away. Two categories … Read more
The family of a Bloomington nursing home resident who died of COVID-19 is suing the facility’s owner, claiming gross negligence for failing to prevent a coronavirus outbreak that led to 11 deaths at the long-term care facility. Anita Martin of Bloomington claims Bloomington Rehabilitation and Healthcare Center “consciously disregarded the health and safety of its residents” during the pandemic. Martin’s mother, Marlene Cowans-Hill, died in May amid the first major COVID outbreak at a long-term care facility in McLean County…. Read more
Numerous class action and individual wrongful death lawsuits have been filed asserting that proper precautions were not maintained to keep nursing homes residents safe from contracting COVID-19. In due time, those lawsuits will work their way through the judicial system…. Read more
Slip and fall, or trip and fall accidents, a type of premises liability case, can be devastating, both physically and financially. If you've recently been involved in a slip and fall accident and you're thinking of filing a personal injury claim, you're probably wondering what you'll have to do to win. Slip and fall cases are challenging because you have to prove three things, all of which are critical. You have to prove that your accident was due to someone else's negligence, you have to prove that it directly caused your injuries, and you have to prove that your slip and fall accident injuries have direct financial costs. There are several ways a slip and fall accident can occur. Whether it's from a lack of … Read more
In mid-April, Faith Heimbrodt got a call from the Bria Health Services nursing home in Geneva, Illinois, saying her mother, Carol Orlando, was not in good health. She immediately feared COVID-19. But she says facility staff insisted her 79-year-old mother didn’t show symptoms of the virus, and that her illness likely was due to her advanced dementia. Alarmed, she got permission to visit her mother, even though the facility had been on lockdown since March. Heimbrodt, who has five children at home and suffers from multiple sclerosis, went wearing a gown, respirator and face shield, but she was shocked to see staff and residents without masks. A desperate-looking certified nursing assistant asked how she got her respirator, so she gave it to him. Her mother’s room was filthy, with dirty diapers on the floor. Her roommate was coughing, unmasked, in the adjoining bed, with no room divider. Orlando looked thin… Read more
Nursing homes are legally liable when one of their residents is injured in a slip and fall, but these cases also differ from other slip and fall lawsuits. Seniors are more likely to fall and more likely to suffer serious injuries due to their age and health conditions, and often the cause is not related to their surroundings. A fall in a managed care facility can happen the way these accidents typically take place, such as a person slipping on uneven carpet or on a wet floor, but that is often not the case. Instead, when an elderly person falls in a nursing home, it is typically because they weren’t adequately supervised. Here are more reasons a nursing home may be liable…. Read more
Nursing homes are legally liable when one of their residents is injured in a slip and fall, but these cases also differ from other slip and fall lawsuits. Seniors are more likely to fall and more likely to suffer serious injuries due to their age and health conditions, and often the cause is not related to their surroundings. A fall in a managed care facility can happen the way these accidents typically take place, such as a person slipping on uneven carpet or on a wet floor, but that is often not the case. Instead, when an elderly person falls in a nursing home, it is typically because they weren’t adequately supervised. Here are more reasons a nursing home may be liable:… Read more
Injuries suffered in slip-and-fall accidents lead to about 9 million emergency room visits every year. Slip and fall accidents are the second leading cause of unintentional death in the U.S.  Recovering from a serious injury suffered in a slip-and-fall accident typically requires extensive medical care and physical rehabilitation.  In the worst-case scenario, a fall victim dies or is disabled, requiring around-the-clock care. Slip-and-fall injuries are particularly harmful to older adults.  Among older adults, falls are the leading cause of both fatal and nonfatal injuries, according to the Centers for Disease Control and Prevention (CDC). … Read more
How does one take action if they have been involved in a slip and fall accident? Gary tells us and pinpoints the importance of being prepared with sufficient proof. What are the first steps taken in a slip and fall case? Commonplace premises liability cases are varied. In the subcategory of slip and fall, typical cases are slipping on a wet floor, falling because of a defective stairway, or falling because of a cracked walkway. The goal of premises liability law is to place the plaintiff in a position he would have been in, but for the negligent behavior of the defendant. A reasonable pre-filing investigation is a necessity before an action is contemplated. The filing of the Petition or Complaint must set forth facts … Read more
How can we ensure that the airport environment is always safe and accidents that could result in personal injury claims and lawsuits are prevented? Steve Howards, Content Marketing Manager at Herrig & Vogt, provides us with the answer. Did you know that more people get injured at an airport than on the aircraft? For example, according to the Flight Safety Foundation, around 27,000 ramp accidents occur every year, costing at least $10 billion annually. This is not at all surprising considered how many activities happen inside an airport – many passengers are in a hurry, trying to get through security, managing multiple languages, navigating an unfamiliar environment, looking after their small children, reading signs or listening to announcements. They’re distracted and often fail to notice hazards (e.g., a spill on the floor) that could cause injuries…. Read more
A Las Vegas woman was awarded about $13 million in the lawsuit she filed against Lowe’s Home Centers after she fell at one of the company’s stores in July 2013. Attorneys for both sides made closing statements Thursday and the verdict was returned Friday in favor of the plaintiff, who fractured her skull in the fall and permanently lost her senses of taste and smell because of a related brain injury. Kelly Hendrickson, a 38-year-old mother of three, was looking at palm trees in the garden center of a Lowe’s home improvement store at 5050 S. Fort Apache Road about three years ago when she slipped on a “slimy, wet substance” draining from the bottom of several planters, she told a jury April 7. The … Read more
SPOILER ALERT: The top verdict is a $37 Million Jury Verdict (reduced from $72 Million) for an 8-year-old girl in a Dekalb County, GA pitbull attack. Each day about 1,000 U.S. citizens require emergency care treatment for dog bite injury, according to Dogsbite.org. For pit bull injuries or dangerous breeds, one in every six bites require medical attention. In the last 10 years, pit bulls killed 203 Americans and accounted for 62 percent of total recorded animal related injuries. A victim may recover damages from the owner’s homeowner or renter’s insurance policy if the breed is covered. However, most insurance policies do not insure aggressive breeds such as pit bulls and rottweilers. Below are recent verdicts from pit-bull attacks…. Read more
Trans Healthcare Inc. has been hit with a $1.1 billion verdict in a negligence case filed in 2009 at a Florida nursing home it says it hasn’t operated since 2004, reports The Ledger. A Polk County jury awarded $110 million in compensatory damages and a whopping $1 billion in punitive damages for the 2009 lawsuit regarding the care of the late Arlene Townsend. Townsend lived at the Auburndale Oaks Healthcare Center from 2004 until 2007, when she passed away at the age of 69. Townsend suffered multiple falls while at the facility, which did not provide proper supervision, according to the lawsuit, The Ledger reports. Trans Healthcare Inc., the defendant in the lawsuit, and Trans Healthcare Management only operated the nursing home until Sept. 30, 2004, according to court records. Auburndale is currently being operated by Encore Healthcare LLC. “The companies stopped participating in the lawsuit, and a default judgment… Read more
As he walked out of his office around 5:30 that July morning, Samuel Akinsanya heard growling in the hallway. A Rottweiler and pit bull had escaped from a cage in the Elizabeth factory where he worked the overnight shift as a security guard. Before Akinsanya could react, the dogs pounced. “They jumped at me. I was trying to fight. I was trying to defend myself but they were biting me all over my body,” Akinsanya, 43, said in a phone interview Friday. He said he fought the animals “for almost an hour before police came to rescue me.” The attack, which occurred in 2010, was so vicious that Akinsanya, who lives in Newark, was left in a coma-like state, intubated in a hospital bed, for 10 days. He was bitten over most of his body, and suffered muscle damage and permanent scarring. The pit bull choked itself to death because… Read more
I have recently received a good bit of heated interest in my last two posts (here and here) on the Maryland Court of Appeals opinion in Tracey v. Solesky, in which the court held that in dog bite cases involving a pit bull or cross-bred pit bull mix, plaintiff no longer needs to prove that the dog in particular, or pit bulls, in general, are dangerous. There is no question that dog bite claims make up their fair share of serious personal injury claims. Here are some statistics: The insurance industry pays more than $1 billion in dog-bite claims each year. State Farm, the insurance company in Solesky, paid more than $109 million on about 3,800 dog bite claims nationwide in 2011. In 2010, State Farm had approximately 3,500 claims and $90 million in payouts. The Insurance Information Institute estimated that nearly $479 million in dog bite claims were paid… Read more

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