"Sky Shelving" Still Remains an Imminent Danger to Big-Box Shoppers, Despite Thousands of Confirmed Injuries From Falling Merchandise

Posted by Jonathan Rosenfeld on May 07, 2012



            merchandise in big box store


[Photo Caption: Warehouse-like conditions in many big box stores still pose serious risks to customers.]


Here in Chicago, lasts month’s uncannily good weather meant a citywide run on Costco. Who knew so many Chicagoans couldn’t function without barbecues in March?

While I certainly couldn’t condemn my fellow shoppers’ activities, the sight of so many people crowding the aisles made me uneasy - especially as a premises liability lawyer who litigates falling merchandise cases.

As I strolled through the store searching for whatever my children needed at that moment, I couldn’t help but think of the story of Mary Penturff. Penturff was a 79-year-old Los Angeles woman who was crushed to death while shopping for garden lattices at her local Home Depot. With her horrified daughter standing by, lumber had come crashing down onto Penturff from a nearby forklift.

Then there was Todd Carranto - a 23-year-old Air Force enlistee who suffered permanent brain damage after being slammed by merchandise in a Las Vegas Wal-Mart.

Mary and Todd are just two of the more than thirty thousand people who’ve been seriously injured or killed by falling merchandise since the proliferation of big-box stores in the 1980s.

Along with a pure greed and profit, the cause behind that shockingly high number is “sky shelving,” or the practice of stocking merchandise high above shoppers’ heads. For retail warehousers like Wal-Mart, Best Buy and Home Depot, safety measures such as straps, shrink wrap, and in-store spotters take a backseat to the bottom line. A lack of regulatory activity from OSHA and other government bodies also contributes to a dangerous environment in so many big-box stores.

“It’s a lot easier and cheaper to stack the goods on top of of the shelf than in a back room or in a warehouse,” says Bob Blattberg, a professor at Northwestern’s Kellogg Business School, and an expert on falling merchandise.

Falling merchandise victims typically suffer severe trauma, including brain, neck, spinal and/or shoulder injuries. Lawsuits can be lengthy and difficult, seeing that big box retailers have so many resources at their disposal.

If you or a loved one has suffered an injury as a result of falling merchandise, we would be honored to speak with you. All of our initial consultations are free and confidential.

Resources:

Family Dollar Not Required to List Falling Merchandise Suits November 7, 2011 Southeast Texas Record

Best Buy Sued Over Falling Merchandise July 22, 2009  West Virginia Record

Jury: Home Depot Owes $1.5 Million in Accident July 1, 2009 Atlanta Journal

Resort Living Ain't All It's Cracked Up To Be When Foreign Safety Standards Fail To Protect Children

Posted by Jonathan Rosenfeld on December 19, 2011

resort.jpgWho doesn't love a trip to a beautiful and exotic location?  Today, many families are flocking to hotels and resorts that are not just exotic-- but frequently in a foreign country.  

Family vacations to spots such as: Mexico, Jamaica and other countries throughout the world can really provide a great opportunity for families to reconnect.

While many of these resorts indeed may be beautiful and appear to be in good order, many foreign resorts simply lack basic safety requirements that are mandatory in the states. Though I've never seen any statistics regarding injuries at foreign resorts, my guess is that the injury rate for foreign resorts is far higher than at their domestic counterparts.

Just recently, my law office resolved injury cases for a family of four who received severe injuries when their tour bus operator fell asleep at the wheel as he drove them from the airport to their resort in Cabo San Lucas, Mexico.  

Though the family likely could have pursued their injury claims in the Mexican Court System against the driver and his employer (a Mexican company), we were able to resolve the cases directly with the insurance company for travel agency that promoted and booked the trip.

Given the great uncertainties that exist with the tort system in foreign jurisdictions, I always attempt to establish a connection in the states when possible.  In order to establish a nexus to the states, I will frequently look at:

  • Travel documents, tickets, itinerary, brochures
  • How the trip was booked and paid for
  • Travel arrangements-- flight information and U.S. that may have been travelled through
  • Method of paymeny

While no one expects to have any problems on their next vacation, it's important to remain aware of your surroundings.  If an injury at a resort should occur, of course seek medical attention, but a next step may be speak with a lawyer who has experience working on resort injury cases, who can help you navigate through a difficult situation without unknowingly jeopardizing your legal rights.

When Do You Need To Contact An Attorney To Discuss Your Child's Injury Case?

Posted by Jonathan Rosenfeld on June 13, 2011

finger painting.jpgSituations involving severe personal injury, medical malpractice and other types of harm inflicted on children can pose a challenge both for the individual child and his or her family.

When it comes to determining how to proceed with your potential legal recourse, the best rule of thumb is to trust your instinct.

If something doesn't seem right--it's probably not. Because most cases involving personal injury, medical malpractice or abusive circumstances to children take place both behind closed doors and with a child who not be capable of articulating the particulars, timely retention of a lawyer-- who works on your behalf--  is important to conducting an initial investigation and case assessment.

Despite the fact that statute of limitations-- specific time allotments to file a lawsuit-- may extend the time for pursuing a case on behalf of a child, valuable evidence may need to be gathered as soon as feasible following an incident.  In the case of childhood accident, most attorneys will initiate an investigation into the even as soon as feasible.

In cases involving medical malpractice, many states require an attorney to review the patient's records and consult with an expert prior to filing and lawsuit.

Even in situations where there may seem to be a lack of evidence to prove an underlying personal injury or medical malpractice case, an experienced child injury attorney will be able to sort through the evidence and determine if there is a case and how to proceed.

Most child injury attorneys work on a contingency fee, meaning they only receive a fee if they are successful in obtaining compensation for the injured party. No out of pocket expenses are required on behalf of the client.

Recent trends in personal injury cases

There has been a recent trend, in some situations involving severe injury to a child, where the insurance company for the individual or company may appear to take responsibility for the injury. Representations may be made by the insurance carrier that they will 'do whats right' to remedy the situation for your child.

Don't be lulled into believing this. Rarely --if ever -- do insurance conglomerates have the interests of your injured child in mind. Moreover, without the consult of an attorney well versed in what damages an injured child is entitled to receive, the insurance carrier may use its uneven bargaining position in its favor.

If your child has sustained a serious personal injury in the context of a motor vehicle accident, daycare facility, hospital-- or other types of settings, why not speak with a lawyer who has your child's interests in mind without any charge to you?

Rosenfeld Injury Lawyers is a team of trial lawyers dedicated to representing vulnerable people in cases involving severe personal injury, medical negligence, or wrongful death. We offer free initial consultations on all personal injury cases.  Moreover, our results have earned us a national reputation amongst our peers-- we are the lawyers many other lawyers turn to for the referral of their significant personal injury cases.  Come see why.

Cheap Window Locks Can Reduce Chance Of Children Falling From Windows

Posted by Jonathan Rosenfeld on June 12, 2011

A five dollar window lock can substantially reduce the chances of children falling from an open window in an apartment building.  Seems like common sense, yet many property owners and landlords who own and manage buildings where children are present fail to provide this basic safeguard that restricts children from opening a window past a point where they could manage to get out.

Every year, the warmer weather leads to a series of incidents where young children manage to wrangle open a window in an apartment or hotel and fall out suffering injury or even death. 

While a fall from any height is certainly alarming, in the case of young children-- the situation is particularly problematic as young children commonly have heads that are disproportionally heavy compared with the rest of their body.  This weight distribution dictates that some of these children fall head first-- resulting in some horrible brain injuries.

Though there are many different brands of child-proof window locks, most brands still allow for the window to be safely opened several inches to provide comfort--- yet safety--  during the summer months.

While parents certainly need to look after their children, I still feel that there is a legal obligation on the part of property owners to install basic safety devices when they are aware that young children may be present. 

Given the modest cost associated with the installation of window locks and the risks to children, as renters and as guests of a hotel parents should be insistent upon the installation of these devices to provide a basic level of safety for their children.

Here is a link from Amazon regarding child safety window locks:

http://www.amazon.com/Safety-1st-ProGradeTM-Window-Lock/dp/B001FBGP02

http://www.amazon.com/Cresci-Products-Window-Wedge-Pack/dp/B0018DGYL2/ref=pd_rhf_shvl_2

 

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After The Chicago Blizzard Of 2011, It's Important To Evaluate The Law With Respect To Slips & Falls On Ice And Snow

Posted by Jonathan Rosenfeld on April 20, 2011

snowy stairway.jpgDuring the winter months, our law office gets many calls from parents coping with an injury to a child due to a fall on ice and snow.  

While some of these cases are particularly disturbing in light of the fact that the child may have sustained serious injuries, from a legal perspective, these cases can be difficult to prosecute and recover compensation for the resulting injuries.

Children, in particular, rely on the property owners to provide a facility free of dangers that might cause dangerous falls or accidents. This responsibility includes the removal of snow and ice, which creates a serious risk of falling.

In Illinois, injuries that occur on another person's property are governed by the Premises Liability Act (740 ILCS 130), which instills a responsibility on owners or occupiers of land owe invitees and licensees a duty of care to maintain their property.

An owner or lessee must provide a reasonably safe means of access to its business. If you bring a premises liability claim, you, the plaintiff, have the burden of proving that your injuries were caused by a condition on the property that was not reasonably safe that the owner knew or should have known of by the exercise of reasonable care.

However, this duty of reasonable care is different in the case of snow and ice on property. In Illinois, absent a contractual obligation, if you are walking down the street and happen to slip and fall on a snow or ice covered sidewalk or parking lot, the property owner owes you no duty to remove the natural accumulation of snow, water, or ice. (Illinois Snow and Ice Removal Act – 745 ILCS 75).

The Act states that it is undesirable for any person to be liable for damages due to his snow removal efforts, unless his actions amount to “clear wrongdoing.” Illinois follows the natural accumulation rule, where a property owner is only liable for a snow or ice related accident only if their alleged misconduct was willful and wanton or there was an unnatural accumulation of snow or ice or a natural condition that is aggravated by the owner. (McBride v. Taxman Corp., 327 Ill.App.3d 992 (1st Dist.2002); Ziencina v. County of Cook, 188 Ill. 2d 1 (1999)).

Natural accumulation is the result of natural weather conditions; whether accumulation is natural or not is oftentimes a difficult factual question. Examples of natural accumulation are:

  • A sidewalk that has not been shoveled
  • Puddles of water inside buildings from melting snow
  • Ice formed by snow being packed down by pedestrians

Unnatural accumulation would be any actions by the property owner that cause snow or ice to accumulate in a specific location. One exception to the natural accumulation rule is if there is a contractual obligation to remove snow or ice; for example, if the property owner or manager has a provision in a lease providing that the owner agrees to remove snow or ice. If this is the case, the owner may be held liable.

Because children are more vulnerable than the common invitee or licensee, the degree of care owed is greater in recognition of that vulnerability.  Therefore, daycare facilities, child activity centers and stores catering to children arguably need to employ special measures to protect their young patrons.

Because many children may not be familiar with slippery conditions or how to brace for a fall, the resulting injury may be more severe than in the general population.

Therefore, business that cater to children must take extra precautions to make their facility / business safe for children. This includes installing slip-resistant flooring and removing dangerous snow and ice.

Unnatural Accumulations Of Snow & Ice

If the business owner removes snow or ice in a negligent manner or creates an unnatural accumulation of snow or ice, they may be liable for a child's slip and fall injuries. Similarly, if you are accompanying your child to the business and happen to slip and fall on snow or ice, you may bring an action against the business even though you are not a party to the contract because you are a foreseeable user of the premises.

If you or your child has suffered a dangerous fall because of dangerous snow or ice accumulation at a daycare center or business catering to children, you may have the right to hold the property owner or maintenance company responsible for those injuries. 

However, given the complexity of the law when it comes to slips and falls on ice and snow, it is best to speak with lawyers experienced in these matters before talking with a representative from an insurance company.  Unknowingly, a statement made to an insurance carrier may be the kiss of death to your potential injury claim.

Resources:

Illinois General Assembly – Premises Liability Act, 740 ILCS 130

Illinois General Assembly – Snow and Ice Removal Act, 745 ILCS 75

Property Owners May Be Liable If They Fail To Provide Safeguards For Windows & Children Get Injured In Falls

Posted by Jonathan Rosenfeld on April 07, 2011

apartmentbuilding.jpg

Perhaps the parent of a toddler who fell from a third-story window of an apartment building should buy a lottery ticket? 

Amazingly, news reports regarding the child's fall indicate that the boy sustained no injuries after falling from a window in the families apartment in North Carolina.

Particularly, as seasonal temperatures return to many areas of the county, and people open windows for fresh air, parents need to be mindful of the very real risk of having young children around open--- and unguarded windows.

Unfortunately, most similar reports of young children falling from windows involve children who aren't so lucky.  Most childlen who fall from buildings with unsecured or defective window guards suffer catastrophic injuries such as fracutred bones or brain injuries.

Every case where a child has suffered an injury due to a fall from a window deserves to be examined closely to determine if the property owner, maintenance company or even another individual may be at fault.  In some circumstances, a thorough investigation may give rise to a lawsuit against:

  • Builing owners including: condomium, apartments, public housing agency, hotels
  • Manufacuturer of window, window guard or screen company
  • If the incidnet occurred while a child was at day care or school, a cause of action may be brought against the party for their failure to supervise
  • An individual if the fall was due to being pushed from the window

Basic safeguards also offer an added level of safety.  Easy window fall precautions include:

  • Opening windows from the top-- as opposed to the bottom
  • Using window guards to prevent open access to outdoors
  • Only opening windows a few inches
  • Keeping furniture away from windows
  • Closing windows when adults are not around to supervise

If your child has sustained an injury due to a fall from a window or other type of improperly maintained premises, we would honor the opportunity to speak with you regarding the circumstances surrounding the incident.  As always, there is no expense asscoiated with speaking to me for an initial consultation regarding your potential personal injury case.

Are Some Child-Amusements Taking 'Scary' Too Far?

Posted by Jonathan Rosenfeld on February 18, 2011

haunted houseIn my house, it seems like we start celebrating Halloween in July!  Costumes, parties, candy-- and yes a trip to a haunted house or two seem to fill our schedules in the weeks leading up to the big day.  

In the past few years, I noticed a trend towards bigger and more exciting haunted houses where there is more of everything-- monsters and blood--- but a noticeable lack of safety.

Most of the haunted houses are put together quickly--- and without much oversight from regulatory agencies as to how they are constructed or the types of trickery they intend on providing.

A recently filed lawsuit in Tennessee is a reminder that perhaps haunted houses need to begin to reconsider their safety.  Apparently, the seven-year-old boy fell from a ramp and broke is arm as he was being chased by a man with a chain saw.  

Particularly when facilities market themselves to young children, they need to remember that safety should take a front seat to scaredom.  In order to make the experience fun and safe for everyone, haunted house operators should:

  • Identify appropriate ages for the amusement
  • Construct stairs, walkways and ramps in accordance with applicable building codes
  • Provide clearly marked exits and entrances
  • Use proper lighting so people can see where they are going
  • Never throw liquids or other materials at people that could potentially cause slippery conditions

Rosenfeld Injury Lawyers represent children and adults who sustain injuries on poorly maintained properly and carnival rides. If you believe that you or your child's injury is related to poor maintenance or a dangerous condition of the property owner, you can call us anytime for a free consultation. (888) 424-5757

Building Codes Are Intended To Improve The Safety Of Children At Businesses

Posted by Jonathan Rosenfeld on February 09, 2011

elevator fall

Building codes are various regulations that apply to both new and existing properties that are adopted into law by various governmental entities.  While the specific provisions of the codes may be incredibly specific, the overriding principal behind the codes are to protect the public from harm due to dangerous conditions.

Sadly, it appears as though a building code violation at a Chicagoland hotel may be to blame for a significant injury to a toddler.  Several weeks ago, a two-year-old boy fell more than 30 feet down an elevator shaft in a hotel.  Apparently, the boy hit a button in the elevator and managed to open the elevator doors between floors.  He then fell through the gap that was created between the elevator doors wall of the elevator shaft.

Tragically, the boy sustained serious head trauma in the fall and is now getting medical attention at Children's Memorial Hospital in Chicago.

Now, a further investigation into the incident by building inspectors has determined that the elevator was not in compliance with applicable building codes which require the switches that open the doors to be operated by key or kept under a lock-panel.

Amazingly, two building inspectors certified the elevator where the boy was injured just months before this incident.

My take:

As a personal injury lawyer, I frequently look to the applicable building code provisions to assist in proving my clients' cases against property owners and incorporate the applicable building codes into lawsuits and jury instructions.

Certainly, the failure of this hotel to comply with the applicable code is evidence of negligence and will likely expose them significantly to the substantial damages that the boy will continue to incur. 

Related:

2-year-old critically injured in elevator fall, Daily Herald January 24, 2011

Elevator Injuries: Kids at Risk, More Than 1,900 Elevator Injuries in U.S. Kids and Teens Per Year CBS News, June 19, 2007

Elevator and Escalator Accident Reconstruction and Litigation, By James Filippone, Joel D. Feldman, Ronald D. Schloss

Faulty Boilers Putting Families At Risk For Carbon Monoxide Poisoning

Posted by Jonathan Rosenfeld on November 26, 2010

carbon monoxide detectorAs we head towards the cool fall weather, it is important to remember to have your furnace checked by certified hvac personnel.  Faulty furnaces, boilers and other types of heaters can be responsible for creation of unhealthy levels of carbon monoxide gas. 

Carbon monoxide is a nearly inperceptable gas (no color, taste or scent) that can rapidly accumulate in a home or apartment setting.

When carbon monoxide levels reach a level of 150 to 200 parts per million, serious injuries-- and even death may result.

Just recently, I read a news report regarding three residents in a Chicagoland suburb who were hospitalized due to the accumulation of carbon monoxide in there home that accumulated due to a faulty boiler.

Children are particularly susceptible to the effects of carbon monoxide poisoning due to their developing lungs and organs.  Families should be sure to install carbon monoxide detectors in their homes to alert them if levels rise.  Renters, should always contact their landlord if they have problems with furnaces, boilers or other heating equipment.

When landlords of homes and apartments fail to take steps necessary to protect their tenants, they may be civilly responsible for subsequent injury or death.  As Chicago personal injury lawyers, we are well versed in the applicable building codes and property maintenance issues unique to carbon monoxide poisoning cases.

Related:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, United States Environmental Protection Agency

Carbon Monoxide Poisoning, Keep Kids Healthy

Carbon Monoxide Awareness Week: Children Are at Greater Risk For CO Poisoning; Know How to Protect Your Family Kid Source Online

About Jonathan Rosenfeld

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About Jonathan Rosenfeld My law practice is focused on representing the most vulnerable members of our society in claims and lawsuits...

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