Halloween Slip and Fall Dangers

Keep Your Property Trick-Free and Your Guests Safe

Halloween is the one night of the year where you can freely transform your home into a haunted house. Strobe lights, creepy tombstones, and artificial fog will contribute to the spookiness of the night.

With all the little witches and goblins coming to your door, the trick may be on you if someone gets hurt by your decorations. If you invite trick-or-treaters, or any guests, onto your property this Halloween, you are legally responsible for their safety.

How to Prepare Your Home for Trick-or-Treaters

• Keep the yard and walkways leading up to your home well-lit.
• Look for any trip hazards on your property that you can fix or remove: electrical cords and hoses can be wrapped up or moved; toys can be picked up and put away; in-ground decorations like tombstones can be moved farther away from walkways.
• Wrap any safety hazards that can't be fixed in time for Halloween with caution tape and block off the area.
• Move pumpkins and any potted plants to places where they will not be touched or kicked by visitors.
• Leave dogs inside the house. The unknown sights and sounds of Halloween can become overwhelming for dogs, so they may feel threatened and react aggressively.

How to Prepare Your Trick-or-Treaters

• Walk only on lit pathways, rather than cutting through front or backyards.
• Wear a costume of a comfortable length, so no material drags on the ground.
• Remove masks or anything obstructing vision when walking around.
• Make sure to wear comfortable shoes with solid tread to prevent slipping and falling, especially if it's raining.

What Do You Do If an Accident Happens?

1. Get medical attention as soon as possible.
2. Document the scene and keep all evidence. Take photos or notes of the exact place where the fall happened. Try to be as precise as possible with any conditions that contributed to your fall, such as lights or any Halloween decorations.
   Report the accident to a landlord or property manager, if the fall occurred on a rental property. Get a copy of their filed report prior to leaving the scene, if possible.
3. Limit talking to the property owner as much as possible. Emotions and adrenaline run high after an accident, so simply explain that the fall occurred but avoid any emotional confrontation.
4. Gather the names and contact information of any witnesses.
5. Contact an attorney before you speak with the insurance company or sign any documents.

Injured in a Slip-and-Fall Accident?

Slip and fall accidents aren't the only safety concerns on Halloween. You're never expecting anyone to become injured on a fun night like Halloween, or on any other day. At Pisanchyn Law Firm, we know how to navigate premises liability cases. Contact us for free to find out how we can help at 1-800-444-5309 or visit PisanchynLawFirm.com.

Pedestrian Accidents: The True Terror of Halloween

Halloween is the deadliest day of the year for child pedestrian accidents according to study released in 2010 that analyzed records from the Fatality Analysis Reporting System (FARS) from 1990-2010.

Over those 21 years, 115 child pedestrian fatalities occurred on Halloween, over double the average number of 2.6 fatalities on other days of the year. Particularly dangerous was the hour between 6:00-7:00 p.m., twilight in most states, when it’s more difficult to see children crossing the street.

Here are some Halloween safety tips to keep you and your family safe during your trick-or-treating outings:

1. Children should see and be seen in their costumes. Bright colors made of fireproof fabrics that do not obstruct vision or movement are a must-have for Halloween. 
2. Adults should accompany children under 12 and children over 12 should go in groups. Stick to familiar areas, and bring flashlights or glow sticks to increase visibility as the sun goes down.  
3. It’s also important to review key pedestrian safety rules like always crossing at street corners, using traffic signals and crosswalks; looking left-right-left when crossing and keep eye contact with drivers you pass in front of to make sure they see you. Watch out for cars backing out of driveways.

If you will be out driving on Halloween, drive slowly. Keep and eye out for pedestrians crossing the street and most importantly, DON'T DRINK AND DRIVE.

If you or a loved has been injured as a result of a car or pedestrian accident, call 1-800-444-5309 for a free consultation or visit PisanchynLawFirm.com.

What is Premise Liability?

Premise liability refers to personal injury claims asserted against a person, company, business, etc. who owns, possesses, or controls the premises, or property, on or where which an injury occurs. Slip and falls in markets, restaurants, office or apartment buildings are classic examples of premises liability.

The key issues in personal injury slip and fall cases are whether the owner had known of the hazard that caused the injury and whether appropriate steps were taken to protect people who are reasonably expected to be on the premises.

Showing that the owner had knowledge of the hazard is part of a premise liability case. For example, a shopper in a department store slips on wet floors in the men’s restroom which had been recently mopped by the janitorial crew. The store in this example is deemed to have had actual notice of the condition because its employees created the condition.

Unfortunately, owners in a premise liability case rarely admit to having been aware of a dangerous condition on their property. Hence, more commonly, we have to show that the owner or possessor had constructive notice of the condition. ‘Constructive notice’ means that the condition was present for a sufficient period of time so that the defendant owner or possessor would have been aware of it if they had conducted a reasonable inspection of the premises.

Another piece of premise liability cases is showing that you were injured because appropriate steps were not taken to protect you, a person who was reasonably expected to be on the premises. For example, the restroom was not closed when the floors were wet and there was not a warning sufficient enough to place you on notice that the area posed a danger and that you should stay away.

This article is for educational purposes only and is not meant to serve as legal advice. You should always contact an attorney to discuss any legal matter.

If you have a personal injury case, such as a slip and fall, or dog bite and want to get an honest assessment of your case and be educated as to your options, please call 1-800-444-5309 or visit PisanchynLawFirm.com

Common Steps of a Personal Injury Case

The process of pursuing compensation after another's negligence causes you injury can seem daunting. The more educated you are in the process, the less stressful and daunting the process can be. Although not all of these steps will apply to all cases, this outline of what could happen will be helpful to understand the general order of your case.

1. Accident or Injury Occurs
2. Seek Medical Attention
3. Consult an Attorney
4. Attorney investigates Claim and Medical Records
5. File an Insurance Claim or Demand a Settlement
6. Lawsuit is Filed
7. Discovery
8. Mediation and/or Arbitration
9. Trial

1. Accident or Injury Occurs

Nobody ever expects an accident or injury to occur. Even if you are conscious of the dangers around you, when an injury happens, it is still unexpected. At least, it can be frustrating and stressful. At worst, it can be permanently debilitating or deadly.

 

2. Seek Medical Attention

After you are involved in an automobile accident or injury, seek medical attention as soon as possible. 

Even if you do not think you are injured, you should still be seen by a medical professional right away. This is for two reasons. First, you may have an injury that you cannot see or feel at first. For example, an EMT may notice that you have signs of a concussion or whiplash. Second, in the event you start to feel pain later—which is quite likely—you will have proof that you saw a doctor right away. Insurance companies can often use a situation in which someone denies treatment at first against them as a supposed sign “they weren’t really injured.” 

3. Consult an Attorney

Some may think that this step seems to come a little early in the time line and that perhaps, you should wait to see what the insurance company will offer or wait for a diagnosis before you seek the advice of a legal professional. This is not the case; and for a simple reason: attorneys will not take cases that do not need an attorney. 

You have nothing to lose by reaching out to an attorney after an injury. At best, they help you get a settlement that is much greater than what an insurance company would give you on your own. At worst, you use the free consultation to get some much needed advice.

When you meet with an attorney, they can assess if you have a workable case and determine the best course of action for you, with them or without them. 

4. Investigates Claim and Medical Records

Once you hire an attorney, they will begin to investigate the claim and review your case.

The first thing that your attorney will do is thoroughly interview you. They will want to know how the accident happened, information about your background, and any medical conditions you had before and after the incident. They will also need to know any and all places you received medical treatment for your injury. All the information gathered will be quite thorough.

This process is often done by someone called an Intake Specialist. Some of the information may be personal and some may seem irrelevant, but there is a reason for every question. Most importantly, an attorney needs to be ready for anything and do their best to avoid any surprises later. If you were injured in the past, tell your attorney. If you have large debts, tell your attorney. Clients and attorneys should be as honest with each other as possible. 

Next, the lawyer will begin to collect all of your medical records and bills relating to the injury. This will include any doctors you saw, what they said, their treatment recommendations, medicines, etc. This too will be thorough. Sometimes this can take a long time, depending on your treatment. The process will take time. 

5. File an Insurance Claim or Demand a Settlement

In auto accidents, first, a claim will be filed with the at-fault driver’s insurance company before an actual lawsuit is filed. A minimal amount of car insurance coverage is required in most states. If the injury was not caused by an auto accident, your attorney will look into who was at-fault and begin a claim with their insurance. 

In slip-and-falls, this may be the store’s liability insurance carrier. In cases of medical malpractice, it may be with the hospital’s liability insurance carrier. After filing a claim with the at-fault party’s insurance company, they will assign a claims adjuster to investigate the case and negotiate a settlement. If an insurance company is not involved, a demand letter can be sent to the other party mandating a settlement for the injuries sustained. A demand letter lays out what the damages are, what compensation is expected, and why. 

If your claim involves a claim of permanent disability or impairment, a good lawyer will not settle it before filing suit. They will also not make a demand until the plaintiff has reached what is called a point of maximum medical improvement (MMI). MMI is when the plaintiff has ended their medical treatment and is as recovered as they are going to get. This is to ensure that you will get the maximum value of your case. You wouldn’t want to settle your case, then find you need surgery a month later, which was not covered in the original amount. Once settled, a plaintiff cannot ask for more money.

6. Filing a Lawsuit

If a settlement with the insurance company cannot be reached—most likely because they will not pay what the case is worth—it is time to file a lawsuit. 

 

When a lawsuit is filed, a formal complaint on your behalf is submitted to the county circuit court where your injury occurred. The court will then have the other party served with the paperwork. The other party will then have a limited amount of time to formally file an answer to the complaint, and also file any counterclaims they may have. If a counterclaim is filed, then your attorney will respond to the counterclaim on your behalf.

7. Discovery

Discovery is the process in which each party investigates what the other party’s legal claims and defenses are. Each side submits requests for interrogatories and any document they may need that the other has. At this point, each side will take depositions of all of the relevant witnesses in the case, including yourself (the plaintiff) and the at-fault party (the defendant). 

At the deposition, the opposing attorney will ask a series of questions, recorded under oath, to the person being deposed. The interrogation is recorded by an official court reporter, either by audio or by video. Testimony given at depositions is important for counsels to ensure that there will be no surprises in court. It also gives them the opportunity to get an official account of the other party’s side of the story. 

8. Mediation and/or Arbitration

Once all or most of the information from discovery has been collected, both sides’ lawyers will generally start trying to reach a settlement again. 

At this point, a process called mediation will most likely be attempted. Mediation is a process in which the clients and the lawyers meet with a both-party-approved mediator to help them reach an agreeable settlement. If a settlement is not reached, than the lawsuit will continue or the attorneys will decide to go to arbitration.

Sometimes, a court may require that a case go to arbitration instead of to actual court. This may happen if the judge thinks a reasonable settlement is within reach. Other times, it may be voluntary. 

9. Trial

Finally, if a settlement cannot be reached using all the above options, the case will go to trial. 

Personal injury trials can vary in length. At the trial, all the information that has been gathered through discovery (physical evidence, interrogatories, depositions, photos, witnesses, etc.) will all be presented to a jury for them to decide on the settlement amount. Trials are unpredictable, but they are capable of getting clients the compensation they deserve for someone else’s negligence. 

Again, not all of these steps will apply to all cases, this is a generic timeline of what could occur throughout personal injury cases. 

If you or a loved one has been injured and you are considering contacting an attorney, please, call our experienced injury attorneys today for your free consultation at 1-800-444-5309 or visit PisanchynLawFirm.com.

What to Expect at Your Free Consultation

Having an initial consultative meeting with a personal injury attorney can make some people feel nervous. Many people don’t know what to expect, and are unsure of how (or if) to prepare for the meeting. However, there is nothing to be afraid of at an initial consultative meeting. At Pisanchyn Law Firm, for example, the initial consultation is free of charge, and our friendly and helpful attorneys have your best interests in mind.

The purpose of an initial consultation is twofold. First, it gives a potential client the opportunity to learn about the attorney and decide whether that individual would effectively represent his or her interests. Second, the consultation gives the attorney the opportunity to evaluate a potential client’s case. The attorney can assess what the chances of winning the case would be, based on his or her knowledge and experience. This information can be very helpful to a potential client, as it offers invaluable insight into the viability of a potential lawsuit.

During the consultation, the attorney will ask a potential client to describe the accident that took place. Often times, it can be difficult to remember all details of an accident on the spot. Therefore, to be better prepared for a consultation, it can be helpful to discuss the accident with a friend or family member in order to help clarify one’s memory. Additionally, it is helpful to bring relevant materials to a consultation, such as medical records, insurance information, and any documentation of the accident.

Some people may be hesitant to do a consultation with an attorney because they are afraid of the attorney talking to other people about the case. While it is normal to be protective of your personal information, attorneys are not allowed to discuss a client or potential client’s case with other people. Therefore, this type of concern should be laid to rest.

Given that personal injury lawsuits are complex matters, it is essential to find an attorney who possesses the experience and wisdom necessary for a given case. Personal injury cases require a sophisticated knowledge of handling witnesses, collecting evidence, and applying accident law.  Even if an attorney who you consult with is not able to take on your case, he or she will probably be able to refer you to an attorney who can. If you would like a consultation with Pisanchyn Law Firm call toll free at 1-800-444-5309 or visit PisanchynLawFirm.com.