O'Malley Tunstall PLLC
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Posts tagged "Premises Liability"

Insult to injury? MGM’s suit against shooting victims questioned

When Raleigh news media first reported the story, many people checked twice to make sure that they had read correctly. People across the nation were taken aback when MGM Resorts recently filed a lawsuit against the victims of last year’s Las Vegas shooting.

Former NFL star awarded $12.5 million in premises liability suit

Pro football fans here in Raleigh undoubtedly remember Reggie Bush, the speedy running back who was drafted by the New Orleans Saints back in 2006. The former USC star had some success in the NFL, but never quite lived up to the hype and expectations that surrounded him after he won the 2005 Heisman trophy.

Bounce houses can cause surprising injuries

Party games in so-called "bounce houses" may be more dangerous than they appear for North Carolina kids and families. One accident that hurt a 9-year-old boy is drawing attention to the harms that can result from these attractions. On a Saturday afternoon in California, strong winds sent an inflatable bounce house into the air; it flew a quarter of a mile away, where it landed in traffic on Highway 365. Once the inflatable structure came to the ground, the boy fell out and hit a car on the road.

Study links poor surface friction to slip and falls

CNA Financial Corporation has released a Slip and Fall Study Report, which should be of interest to business owners across North Carolina. After analyzing all of the slip and fall liability claims filed against CNA from January 2010 to December 2016, researchers found that while slip and fall incidents were more frequent than they were deadly, they were often the result of poor surface friction.

All age groups liable to injuries on stairs

In North Carolina and the rest of the U.S., injuries incurred on stairs seem to be common across all ages. Researchers in the American Journal of Emergency Medicine analyzed data from the National Electronic Injury Surveillance System that spanned the from 1990 to 2012 and examined the details of ER visits arising from a stair injury. Over 26 million Americans were treated in that period, and over two-thirds were between the ages of 11 and 60.

The truth about fall risk for employers

According to an authority on the subject, North Carolina employers aren't fully aware of the slip and fall risks on their premises. Of those who responded to a survey, 46 percent said that there were between zero and three fall risk zones in their facilities. On average, there are 10 such zones in a given facility. The survey also found that 92 percent of respondents simply put mats at entrances while ignoring the other nine potential risk zones.

Slip-and-fall accidents can cause damaging ankle injuries

A serious ankle injury can be a very real risk following a slip-and-fall accident in North Carolina. These types of injuries can lead to severe pain, reduced mobility and other chronic issues.

Determining fault for bar or club injuries

If a North Carolina resident is injured in a bar or nightclub, the law generally holds the venue responsible. However, there are situations in which an injured patron may be declared responsible for his or her own injuries. In one such case, a man claimed that he was injured while watching a hardcore rock concert at a popular nightclub in Time's Square in New York.

Holiday Shopping? Careful not to Slip or Fall while Shopping

Slip and fall injuries go up during the Holidays.  Lack of floor safety while shopping this holiday season can result in a health nightmare over the best part of the year instead of a wonderful holiday.  Stores have more merchandise, bigger crowds and items placed in dangerous areas this time of year. Why is floor safety so important?  What do we mean by floor safety?  As personal injury attorneys our Eastern NC offices  have represented hundreds of people seriously injured while shopping by carelessness, inattention and lack of forethought by retail stores.  North Carolina is one of a few states left in the country clinging to outdated law that makes recovering for serious and life altering injuries from retail fall cases very difficult. A spill by a customer that remains for hours; a grocery store that poorly packages items such as chicken in the deli which leaks blood and remains all over the store; failure to have a leaking cooler fixed; mopping without warning signs; placing merchandise on the floor in front of the selves without a warning; leaking drinks or chemicals on the selves that are not discovered for hours and sometimes days and old tile floors that are typically gray or light gray to not show dirt well past their need to be replaced have resulted in serious and life changing injuries to hundreds of our clients. We typically hear from the store it was our clients own fault for not paying enough attention while shopping in their store.  Advertisers and store owners take classes, hire experts and go to seminars each year in how to best get our attention to their merchandise displays.  They place items at eye height, flashy displays, banners, sale stickers (who looks away from a 1/2 off sticker) and place these items such that as we walk down the isle from our intended purchase we are drawn to their other items.  If our eyes are by design and millions of dollars in research by retail experts drawn away from the floor and focused on the for sale items; the floor becomes of lower concern. An unexpected fall brought on by either tripping over something left in the floor of a store or by having one foot slip out from underneath you can result in serious back injuries, head injuries, broken bones or other injuries that have long term and serious consequences for the injured.  Our office has represented more clients than I can recall who have permanent injuries from a fall while shopping for clothes, groceries and personal items. Serious injuries from Falls require a trial lawyer. This holiday season while you are out shopping for your family and loved ones remember to be safe, watch your step in stores and enjoy your holidays.  If you do have the unexpected fall, call or contact our office, we will be glad to discuss your case.

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