Posts tagged with "negligent property owner"

Why so many smoke detectors fail

We’ve come to learn that the smoke detector manufacturers continue to sell ionization smoke detectors. People are simply unaware of the difference, and the fact that if they rely on ionization they may be left with too little time to escape a fire in certain circumstances.

The two types are based upon the technology that operates the alarm mechanism. One is ionization, the other is photoelectric. In a smoldering fire situation where people may be asleep and unaware of the fact that the smoke is building up, a photoelectric will give you approximately, on average, 30 to 33 minutes earlier alarm sounding than an ionization.

The difference between the cost of a photoelectric and an ionization ranges from $2 to $4 per unit.

It’s amazing that that small cost can ensure the safety of your family in a situation where they need an early warning from a smoldering fire that they’re unaware of simply because they are asleep.

We have gathered a team electrical engineers, toxicologists, and experts in the technology of activating smoke alarms so that we’re prepared to handle these types of cases. You can reach us at 1 (888) 330-6657 and we’ll let you know what your options are.

These are the three elements of a personal injury lawsuit

If you don’t have these three things, you don’t have a case

Personal injury litigation is a complex subject and we never expect clients to come in knowing what all of their rights are. We’re always ready to listen to someone about their experience and let them know if they have a case or not.

Every case needs to have the following chain of three things: Liability, causation and damages. If it misses one, a lawsuit is not possible. For an example, imagine a person became violently ill after eating food at an expensive vacation resort.

The three elements of a personal injury case

Liability is the first step. Did the the defendant, or defendants, act carelessly that allowed the accident to occur. For this example, did the resort staff serve undercooked or spoiled food? Can we prove that they did?

If we can prove liability, we move on to the next step: Causation. Did the negligent behavior from the defendant cause the accident or injury? It’s not enough that the plaintiff was staying at the resort and ate the food, can we show that it was the resort’s food that made them sick, and not something else? If not, the lawsuit won’t happen.

Once we have causality established, we then have to show that the plaintiff suffered real damages. Did the victim require expensive medical treatment, miss work, or suffer excruciating pain? Did the foodborne illness cause a permanent injury or disfigurement?

It’s not enough to say the patient was in danger, they must have had real damages to be compensated through the lawsuit. You can’t sue for what could have happened, it needs to have caused them to directly suffer harm.. Without liability, causation and damages, no personal injury case can proceed.

Woman sues fast-food chain after slip-and-fall accident

People want to have a good time when they go out to eat. Sometimes they do have a good time and enjoy a meal they didn’t have to prepare, but on rare occasions, their enjoyment is ruined when they slip and fall on a wet floor and become injured. This recently happened to a woman now suing Chick-Fil-A. Her lawsuit came after she slipped in a puddle and fell on one of their restroom floors and became injured.

The woman is accusing the fast-food chain of negligence by failing to clean its floors and warn customers of the hazard. In her lawsuit, she is also citing premises liability. She is alleging the slip-and-fall accident happened due to incompetent employees who the fast food chain failed to train and supervise. This incident is a good example of how negligent property owners may endanger their customers if they fail to maintain their premises.

Although this accident occurred in Texas, it can easily occur in Boston or other areas of Massachusetts, as well. These slip-and-fall accidents can cause serious injuries that may result in expensive medical bills that you cannot afford to pay. Even if the injuries do not appear severe at the time of the accident, you should still seek medical attention, as those injuries may become more severe with time. You may be forced to cope with unwanted pain and suffering long after the initial accident.

The woman’s lawsuit against the fast-food chain is a good example of what you should do in the event that you become injured in a slip-and-fall accident. Seeking compensation for damages is an important step to take if you are the victim of an accident that happened on the premises of a business. Filing a lawsuit may also help the company become more aware of how to prevent another accident from occurring and potentially injuring another customer.

Source: The Southeast Texas Record, “Chick-Fil-A sued after woman falls,” Whitney Brakken, Jan. 22, 2014