Personal Liability: Swimming Pool Accidents – What You Should Know

Summer time is a dangerous time for children especially around water.  Every year children drown as a result of the carelessness and sometimes recklessness of others.  Some lucky children survive a drowning while others don’t.  All parents should know the dangers of drowning.  You should also understand your rights when there is a swimming pool accident.  It takes very little sometimes to take the life of a small child or teenager.  Every child should be taught to swim but unfortunately many are not.

It is true that accidents do happen.  A drowning accident should never happen.

Anytime there is water there is the possibility of a drowning.

Oceans, lakes, rivers, streams, pools, ponds, creeks, tubs and even kiddie pools can be a dangerous place.  It only takes about 3 ½ inches of water to drown an infant who is face down and it only takes a few seconds.

Prevention and knowledge can often be life saving.  Don’t reply on the life guard to do his job.  Be vigilante where there is danger.  Keep an eye on your children.  Know where they are.  Know how well they swim and know the water.  Any body of water that has a current increase the dangers and also the risks of injuries.  Although more people get injured from pools at camps, public pools and private back yard pools (big and small) rather then large bodies of water.

As people we are drawn to water especially when it’s hot in summer.  It’s cooling and fun.  Just getting some sun in cool water is very relaxing.  Children love to splash and yell.  The teenagers are always hard at horse play.  Sometimes they don’t realize they jumped on a smaller child or kicked one in the jaw.  It only takes once careless act to cause a catastrophic consequence.  The danger increase exponentially the deeper the water and the greater the number of people.

Alcohol and water are never a good mix.  An intoxicated swimmer has a much greater likelihood of injury and drowning.  Adults watching kids in pools should never drink alcohol but often do.  This also increases the danger to children swimming.

Nobody wants to take responsibility for the drowning of another person but most times somebody other then the person who has drowned is responsible.  It’s a long hot summer so be aware of the dangers of water and act accordingly.  Don’t let anyone get injured or drown on your watch.  A pool death is a terrifying thought to live with.

If you have any questions concerning pool and water safety issues or you know of someone who has been injured or drowned, ask us for expert legal advise and answers.

Personal Injury Claims: The Dirty Truth About Insurance Settlements

Insurance claim philadelphiaThe insurance industry is in the business of making profits.  They are not in the claims business.  Personal injury attorneys can no longer settle most claims.  The large insurance companies force most personal injury claims into suit by not offering any settlement money or by offering a one time low ball settlement.  There are many different types of accidents and injuries for which insurance coverage is available to pay for pain and suffering, lost wages, automobile repairs and property damages.  It won’t be easy getting the money and a good personal injury law firm can certainly help.  In today’s economic climate even the average automobile accidents and simple trip and fall or slip and fall claims are be contested by the insurance claims examiners.  It’s all about profit for the insurance industry.  Let’s be honest no one likes getting sued either.

Many people wrongly attempt to settle personal injury claims directly with the insurance claims adjuster.  They offer you as little as they think you’ll take.  Many times the person who is attempting to settle his own case is attempting to avoid the personal injury lawyer’s fees.  In reality you have just fallen into the trap of the insurance company.  They know it is way cheaper to deal with non lawyers.  They see the public as stupid.  Don’t be fooled by the friendly insurance adjuster.  He or she is a wolf in sheep’s clothing waiting to take advantage of you.

You can not get a full and fair insurance settlement unless you are ready to fight one of the largest and toughest industries in American…. INSURANCE.

South Philadelphia Slip and Fall Attorney

If you fell while on someone’s property, are they are fault?

If you’ve been injured by tripping or slipping while on someone else’s property, you may have a case.  On the other hand, you may not have a case.

anthony caiazzo south philly attorney, south philadelphia slip and fall lawyer, south philadelphia personal injury attorneyHow does the court determine who is at fault?

Certainly the property owner has the responsibility to maintain the property in good repair.  Ripped carpet, cracked sidewalks, wet surfaces from dropped food, uneven surfaces, each carry the risk that someone will slip and fall or trip and fall, and potentially be injured.

By the same token, each of us has the responsibility to watch where we are going.

So how does the court determine responsibility? Sometimes the property owner is responsible for the accident.  Sometimes the property owner is not.

Consider the dangerous floor, a substandard flight of stairs, or a irregular, rough patch of ground and contrast this with slippery substances, such as an ice cream cone accidentally dropped by a shopper on the floor of the mall.

Someone slipping or tripping on something that an ordinary person should see and avoid is not cause for liability.

Determining Liability

One of the following must be proved for the property owner to be responsible for your injury from a slip and fall or trip and fall on their property:

  • Did the owner cause the abnormality that you tripped or fell over to happen?
  • Was the area of the dangerous surface something the owner knew about but did nothing to remedy?
  • Should the owner or one of the owner’s associates or employees have discovered and removed or repaired this surface?
  • Would a ‘reasonable’ person be anticipated to have cured the problem?

The “should have known” situation is the hardest to prove. This is typically a situation where the Judge and Jury use common sense to determine whether the owner or occupier of property was careful.

What does “Reasonable” mean?

Does the property owner make ongoing efforts to keep the property in good repair and safe?  This will affect the question of whether the property owner is responsible for your injury.

  • How long was the torn, broken, or bulging area of carpet, floor, or ground, or the  wet or loose area, or the dangerous spot been there?  Should the owner have known about it or had time to repair it?
  • Is the property regularly maintained for situations like this?  Does the property owner have a system or method for reviewing and evaluating conditions?
  • Why was the item that you fell over there?  Was there a reason?  Was it left there after that reason no longer made sense?  Should it have been removed?
  • Was the tripping hazard relocatable?  Could it have been placed in a safer position or manner?
  • To prevent people from slipping or tripping, was there a sign or barrier?
  • What were the lighting conditions?  Did they contribute to the event that caused your injury?

While the property owner has responsibility to keep the premises safe, there is also an expectation that you weren’t careless.

What contributes to “Carelessness”?

After you file your claim, and insurance adjuster will ask you questions to determine whether you were careless and this contributed to the accident. “Comparative negligence”  determines your reasonableness or carelessness, and how much this may have contributed to the accident:

  • Why were you in the ‘dangerous’ area?  Was it an area that the property owner should have anticipated people being in?
  • Was the spot an area that others would notice as being dangerous?
  • Were there any warnings that the spot might be dangerous?
  • Were you distracted and not paying attention? Were you goofing around or acting  in a way that could have contributed to the accident?

Many of the trip and fall cases are situations that can result in a verdict one way or the other.  It’d critical to seek counsel with an excellent track record and understanding of the variables that contribute to either negligence or carelessness.

Personal Injury Claims: Know Your Insurance Rights

Personal Injury claim

Understand Your Insurance

The insurance industry is in the business of making profits.  They are not in the claims business.  Personal injury attorneys can no longer settle most claims.  The large insurance companies force most personal injury claims into suit by not offering any settlement money or by offering a one time low ball settlement.  There are many different types of accidents and injuries for which insurance coverage is available to pay for pain and suffering, lost wages, automobile repairs and property damages.  It won’t be easy getting the money and a good personal injury law firm can certainly help.  In today’s economic climate even the average automobile accidents and simple trip and fall or slip and fall claims are be contested by the insurance claims examiners.  It’s all about profit for the insurance industry.  Let’s be honest no one likes getting sued either.

Many people wrongly attempt to settle personal injury claims directly with the insurance claims adjuster.  They offer you as little as they think you’ll take.  Many times the person who is attempting to settle his own case is attempting to avoid the personal injury lawyer’s fees.  In reality you have just fallen into the trap of the insurance company.  They know it is way cheaper to deal with non lawyers.  They see the public as stupid.  Don’t be fooled by the friendly insurance adjuster.  He or she is a wolf in sheep’s clothing waiting to take advantage of you,

You can not get a full and fair insurance settlement unless you are ready to fight one of the largest and toughest industries in American…. INSURANCE.