$1,000,000 Verdict - Fall in Market - Tried by Attorney Clifford Blackman
Slip and Fall Accidents
Case Example One
Shopper at Supermarket Injured by Delivery Contractor
Tried by Mr. Blackman
The term “slip and fall” generally refers to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on a property. Such falls can happen inside or outside a building, and be caused by any of a number of conditions, including wet floors, poor lighting, structural defects, or hidden hazards. Falls are known to cause catastrophic injuries such as a fractured hip, broken back and head injury.
This particular case is an example of a fall being caused by the negligence of a third party conducting business on the premises. It also illustrates how unique legal and medical issues can arise when an injured party is elderly. The Blackman Legal Group client, an independent, 87 year-old woman, was seriously injured while shopping at Safeway. The incident occurred when an employee of a beverage distributor, who was delivering and shelving products in the aisles of the store, pushed his large load of products around a corner, striking our client and knocking her to the ground. As a result of the fall, our client fractured her hip.
Liability was not an issue at trial, but the amount of her future medical expenses and her general damages for pain and suffering were. Because of our client’s age and the issues which were before the jury, we retained a medical expert specializing in geriatric care. In this case against one of San Francisco’s pre-eminent defense firms, the jury awarded a total of one million dollars for our client. Past medical expenses paid by Medicare were added by stipulation.
As mentioned, cases involving injuries to elderly people can involve unique medical issues. In this particular case, medical illustrations were created for the trial to be an accurate demonstration of the fractures suffered by our client and the manner in which the surgery was done to repair the severe fractures, including the hardware and screws that were used. These images were used during the testimony of the surgeon to help the jury fully understand the serious nature of the injury and the required surgery.
These medical illustrations may be viewed here:
The Blackman Legal Group has extensive experience with claims related to serious injuries as the result of a slip and fall accidents. If you or a family member has been seriously injured in a fall or other accident on someone else’s property, you may have a claim. Feel free to contact us for assistance and advice.
Tuesday, December 16, 2008
Monday, December 8, 2008
Deck Collapse In Montana - Tried by Attorney Clifford Blackman
Structural Defects: Case Example Two
The following case is illustrative of the law relating to collapsed structures as well as the challenges of securing compensation for injured parties. The Blackman Legal Group was hired by a young woman who was seriously injured in Polson, Montana, when a deck at a restaurant and casino where she was a guest collapsed with 75 people on it. Mr. Blackman associated a law firm in Montana, where this tragic accident occurred, to assist in representing his client in the trial arising out of this structural defect accident.
On July 30, 2004, a wood deck collapsed suddenly under the weight of a party crowd at the Diamond Horseshoe Casino in Polson, Montana, injuring dozens of people and sending four with life-threatening injuries to hospitals by helicopter. The incident was reported on CNN and received extensive local coverage. Investigations ultimately traced the collapse to a failure of the connection point between the deck and the building.
After a three-day trial, a 10-woman, two-man jury found the owner of the property liable for negligence and awarded our client $750,000 as compensation for her injuries, which included a broken pelvis, a lower back injury and a dislocated and broken elbow, and for her future medical expenses. In my closing statement, I explained to the jury that my client’s injuries were life shattering, especially since she had been active in snowmobiling, swimming, hunting and snowboarding, and that these injuries were especially hard on her because she was a single mother.
Liability was hotly contested by the property owner. Pieces of the actual deck were used as exhibits to demonstrate that the owner should have known, and done something to correct, this structural defect. The judge gave the jury over two dozen different instructions. Based on the evidence, testimony and arguments, the jury concluded that the situation was both foreseeable and preventable.
The law is that an owner has a duty to inspect for unsafe concealed conditions, and that property owners have a duty to keep their property safe. Liability in structural defect cases may be vigorously contested as can the extent of injuries suffered from the accident. Success depends on thorough investigation and trial preparation, effective use of expert witnesses, understanding the medical issues involved and communicating to the jury the true impact which the owner’s negligence has had on your client.
No matter how complex the issues involved in your personal injury claim, the lawyers at Blackman Legal Group know what to do, and we understand the legal and emotional aspects of a personal injury. Please contact us if we may be of service to you.
Structural Defects: Case Example Two
The following case is illustrative of the law relating to collapsed structures as well as the challenges of securing compensation for injured parties. The Blackman Legal Group was hired by a young woman who was seriously injured in Polson, Montana, when a deck at a restaurant and casino where she was a guest collapsed with 75 people on it. Mr. Blackman associated a law firm in Montana, where this tragic accident occurred, to assist in representing his client in the trial arising out of this structural defect accident.
On July 30, 2004, a wood deck collapsed suddenly under the weight of a party crowd at the Diamond Horseshoe Casino in Polson, Montana, injuring dozens of people and sending four with life-threatening injuries to hospitals by helicopter. The incident was reported on CNN and received extensive local coverage. Investigations ultimately traced the collapse to a failure of the connection point between the deck and the building.
After a three-day trial, a 10-woman, two-man jury found the owner of the property liable for negligence and awarded our client $750,000 as compensation for her injuries, which included a broken pelvis, a lower back injury and a dislocated and broken elbow, and for her future medical expenses. In my closing statement, I explained to the jury that my client’s injuries were life shattering, especially since she had been active in snowmobiling, swimming, hunting and snowboarding, and that these injuries were especially hard on her because she was a single mother.
Liability was hotly contested by the property owner. Pieces of the actual deck were used as exhibits to demonstrate that the owner should have known, and done something to correct, this structural defect. The judge gave the jury over two dozen different instructions. Based on the evidence, testimony and arguments, the jury concluded that the situation was both foreseeable and preventable.The law is that an owner has a duty to inspect for unsafe concealed conditions, and that property owners have a duty to keep their property safe. Liability in structural defect cases may be vigorously contested as can the extent of injuries suffered from the accident. Success depends on thorough investigation and trial preparation, effective use of expert witnesses, understanding the medical issues involved and communicating to the jury the true impact which the owner’s negligence has had on your client.
No matter how complex the issues involved in your personal injury claim, the lawyers at Blackman Legal Group know what to do, and we understand the legal and emotional aspects of a personal injury. Please contact us if we may be of service to you.
Sunday, December 7, 2008
Deck Collapse Cases
Structural Defects - Deck Collapse
This case relates to the law relative to collapsed structures.
The client was a tenant who was renting a house in Discovery Bay. The house had a second story wooden deck. Over the years wood decay developed until one day a board gave way and our client fell through the deck approximately seven feet landing on a hot tub below. The law is that a landlord has a duty to inspect for unsafe concealed conditions. A landlord is to perform an inspection at the inception of the rental and at each renewal of the lease. The client had yearly renewals, the last being approximately three months before the incident. The landlords failed to inspect for unsafe concealed conditions and never inspected when the yearly lease was renewed.
The client had arthroscopic surgery on his right shoulder. Other injuries included his left wrist and low back. He was a cabinet maker whose ability to work was intermittently interrupted by his injuries until finally he was unable to continue. The landlord had an insurance policy of $300,000 and the case settled in mediation for $500,000.
Remember, property owners have a duty to keep their property safe. When a building has a structural defect that causes an accident, the San Francisco personal injury lawyers at Blackman Legal Group can help. Other cases relating to structural defects may include:
- Deck Collapse
- Ceiling Collapse
- Defective Staircases or Steps
- Dangerous Conditions
- Claims against Contractors and Subcontractors
Law Firm That Handles Deck Collapses and Premises Liability Cases
Blackman Legal Group is a leading California personal injury law firm with a reputation for thorough, creative and aggressive representation and advocacy. Our focus is on claims and lawsuits that involve life-changing and serious injuries, from motor vehicle accident and wrongful death claims to traumatic brain injury and nursing home abuse cases.
People who have sustained injuries often find themselves wondering whether or not they may have a right to make a claim against the persons or entities responsible for causing their injuries. Cases may involve unique legal issues, including finding responsible parties with insurance coverage relating to accidents. View our videos on YouTube.
Hopefully, this Blog can serve as a resource for people who may have been hurt in an accident. It will provide useful information and answer some of the basic questions, such as
When is the best time to hire a lawyer?
How long will my case last?
What kinds of expenses are involved in my case, aside from lawyer fees?
Do I have to put up the money?
How do the lawyers get paid?
My relative is paralyzed after a serious accident, what can I do to get her lawsuit started for her?
How to keep a diary and do immediate investigation.
It will also discuss real-world cases which Blackman Legal Group has handled, and the interesting legal issues encountered in representing thier clients in a wide range of cases.
Claims due to serious personal injury may arise in many ways, including:
Car Accidents
Elder Abuse
Nursing Home Abuse
Sexual Assault/Molestation
Catastrophic Personal Injuries
Airplane Crashes
Aviation Accidents
Motor Vehicle Accidents
Auto Accidents
SUV Accidents
Truck Accidents
Motorcycle Accidents
Pedestrian Accidents
Bicycle Accidents
Premises Liability
Slip and Fall Accidents
Construction Accidents
Swimming Pool Accidents
Amusement Park Accidents
Structural Defects
Elevator Accidents
Defective Products
Product Liablility
Nursing Home Negligence
Discrimination
Racial Discrimination
Employment Discrimination
Age Discrimination
Sexual Harassment
Burn Injuries
Wrongful Death Cases
Mass Disasters
Train Accidents Injured Travelers
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