DEERFIELD TWP., N.J. — New Jersey State Police say Hailey McMullen, 10, of Deerfield Township was ejected from a carnival ride and died at the Deerfield Township Harvest Festival Saturday evening.
Authorities say Hailey McMullen was on the spinning “Xtreme” carnival ride when she fell. Investigators are still unclear whether there was a malfunction with the lap bar or another problem with the ride or its operator contributed to the girl’s deadly fall.
Carnival Ride Investigation
In situations like this, finding clear answers quickly is crucial. The ride’s operating company, Skelly’s Amusements of Williamstown, was criticized for not immediately closing its rides during the the investigation. The company eventually closed all of its rides on Sunday.
A New Jersey carnival ride accident lawyer says more lives could be at risk when potentially dangerous rides remain open to the public. In this case, an exact cause of Hailey McMullen’s death still hasn’t been identified.
An amusement park safety analyst told CBS3 that “this ride is old. You never know what may happen.”
In addition to the ride’s age, safety experts expressed concern over the ride’s speed and possible lap bar malfunctions.
State officials have since launched a probe into the New Jersey amusement ride which is described as a ‘Wisdom Super Sizzler’ that has cars spin in the opposite direction as the ride rotates. Each passenger is held in place with a simple lap bar.
Amusement Ride Accident Lawyers
After any amusement ride tragedy, it’s critical to launch an independent investigation on behalf of the victim and their family members. This legal investigation is often conducted by an experienced amusement ride accident lawyer who can gather all relevant evidence that could help victims and their families after a tragic accident.
In addition, these investigations often uncover fatal malfunctions and identify processes that could help prevent similar accidents from happening again. A successful investigation and claim process can also help grieving families recover by providing a settlement or verdict that helps cover costs and damages related to a carnival ride accident, including:
Loss of future earnings
Pain & suffering
If your family has been impacted by a recent carnival ride accident, an experienced New Jersey amusement ride accident lawyer could help. If you choose to contact Cellino & Barnes, we’ll put our best carnival ride accident lawyers in New Jersey on your case, help you uncover the facts, gain closure, and get compensation for injuries or the loss of a loved one.
Call (800) 888-8888 or contact us online to get started on a free case evaluation and consultation.
NEW YORK — Maneuvering around spilled produce and climbing slippery steps are two simple actions out of dozens that put us in harm’s way each and every day. However, a New York slip and fall attorney says no matter how cautious we are, bad things can happen that lead to unintended consequences.
Slip-and-fall accidents make up a sizeable chunk of personal injury claims. These accidents can result in minor to severe injuries to people of all ages. As most people know, healthcare doesn’t come cheap. Injuries from slip-and-falls can incur thousands to tens of thousands of dollars in medical bills. Do you automatically have a claim if you got hurt outside your home?
If you slipped and fell on another’s property and suffered injuries, you might be able to pursue a personal injury lawsuit to obtain the money you need to cover the cost of your medical bills. To pursue compensation, you should discuss the nature of your case with a New York slip and fall attorney.
Do I Have a Chance to Win a Slip-and-Fall Lawsuit?
Slip-and-fall accidents send about eight million people to the ER every year, according to the National Floor Safety Institute. In order for your case to succeed, your attorney will have to prove four elements in court.
One: The Defendant Owed a Duty of Care
In legal terms, the “duty of care” basically means that the owner of the property was responsible for keeping the premises in a reasonably safe condition. He or she is also responsible for fixing any conditions which may pose a hazard to visitors.
A New York slip and fall attorney must prove that the defendant had a duty to keep the property free from slipping and tripping hazards. The defendant is whoever owned, controlled, or operated the premises at the time of your accident.
Two: The Defendant Had Sufficient Notice
Your New York slip and fall lawyer can establish notice in your case if he can show that the property owner, manager, or operator knew about the hazard before it hurt anyone, but failed to address the hazard. The defendant must have had enough time to become aware of the issue and fix it to establish notice.
Three: A Dangerous Condition was Present
Becoming seriously injured doesn’t necessarily prove that a dangerous condition was present when you got hurt. You must demonstrate that the defendant’s failure to address the hazard created a dangerous condition that caused your slip-and-fall injury. Your lawyer must also demonstrate that the premises were being used for their intended purpose.
Four: The Defendant’s Negligence Resulted in Damages
Finally, you must show that you suffered harm from the accident. You must provide evidence of your damages, which may include medical bills and time off work resulting in lost wages. Your lawyer must show that your current condition is a direct result of the property’s hazards; therefore, the sooner you consult with an attorney after a slip-and-fall incident, the better your results can be.
To learn more about your legal options for recourse after a painful slip- or trip-and-fall injury accident in Rochester, talk to the experienced attorneys at Cellino & Barnes. They will help you get your claim started and fight for the funds you need to move on with your life. Reach out to us at any time for a free personal injury consultation.
NEW YORK — When we slip on a smooth surface or trip on an uneven surface, our reflexes kick in to protect us from a potentially harmful situation. Unfortunately, they don’t always succeed – just ask a our slip and fall lawyers in Brooklyn. They’ve handled thousands of cases after a person is rushed to the ER for a fall-induced injury. According to the CDC, falls are the leading cause of traumatic brain injuries and account for 95% of hip fractures.
A person can sustain a slip-and-fall or trip-and-fall injury several different ways, and there are dozens of serious injuries which one can develop after such incidents. A person who suffers from a slip-and-fall accident in Brooklyn should turn to a personal injury lawyer for help in filing an accident claim.
Common Causes of Slip-and-Fall Injuries
Wet and/or Uneven Surfaces
Globally, most people who suffer an injury after a slip-and-fall do so after slipping and falling on a wet or uneven surface. In the U.S., these types of surfaces account for over half of all slip-and-fall accidents. Walking on its own can be hazardous, but can be made more dangerous by:
Recently waxed or mopped floors
Trash or debris on floors
Transitioning between surface types
Improper Training for Hazardous Occupations
Workers in certain occupations are more prone to slipping or tripping than other types of employees. The risk for slipping or tripping and falling is often exacerbated by receiving poor training in the workplace. Those who work in the following occupations should exercise extreme caution on the job:
Housekeepers and custodians
Chefs and kitchen workers
A Brooklyn slip-and-fall lawyer says these kinds of accidents are especially dangerous for the elderly. In fact, the CDC states that falls are the leading cause of injury and death among older Americans. Elderly people have a reduced sense of balance, which increases their risk of falling. Seniors who live in nursing homes where staff fail to provide proper supervision suffer more falls, which often lead to hip fractures. The CDC also warns that falling once doubles a person’s chances of falling a second time.
Shoes play a large role in determining where your feet will land when you move. Although high heels certainly pose a threat, any shoe with poor traction can make it more likely a person will slip on a smooth surface. Whether you are at work or at home, it’s important to wear the right shoes for the job.
Seeking to Recover from a Slip-and-Fall? Contact Slip-and-Fall Attorneys in Brooklyn
It can take more time than you ever thought it would to fully heal from a slip-and-fall injury. While you work on your recovery, medical bills pile up, threatening your financial state. If you believe you were hurt due to the negligence of a property owner or manager, contact our slip-and-fall attorneys in Brooklyn today. Attorneys with Cellino & Barnes will look at all the evidence in your case to help you fight for compensation.
Call or email our team to schedule a free consultation in the Bronx about your case. We are available at all times.
NEW YORK — One of the most challenging aspects of a successful slip-and-fall case is proving who was responsible for the conditions that led to the victim’s injuries. To win this type of case, the victim or plaintiff must show that the property owner or defendant played a role in facilitating the injuries.
Not every instance of a slip-and-fall can be litigated. Successful cases stem from situations in which property owners should have been more careful to reduce hazards. If you hurt yourself in spite of the fact that safeguards were in place to reduce the risk of injury, you may not have a case. If your suffering could have been avoided had the property owner taken more precautions, your Bronx slip and fall lawyer must show that the property owner was liable for the accident. Your attorney must show that the property owner owed you a duty of care and neglected this duty.
What is the “duty of care” in New York?
A person who controls a property, whether a property owner, manager, or operator, has a duty of care under New York law to ensure reasonably safe conditions on the premises to protect visitors. This doesn’t automatically make all property owners responsible for every incident on their premises. In addition to their duty of care, visitors on their property have a responsibility to be aware of their surroundings and make reasonable efforts to avoid hazards.
When a property owner discovers an unsafe condition, they have to take steps to address the hazard. If they don’t, they could be liable for the resulting injury accident.
Who is liable for my slip-and-fall in the Bronx?
To win a slip-and-fall case, your attorney must prove the property owner failed to abide by the duty of care. A few scenarios can accomplish this:
The property owner should have known of the dangerous condition because another “reasonable” person in his position would have known about it and fixed it.
The property owner actually did know about the dangerous condition but failed to repair it.
The property owner caused the dangerous condition.
The first scenario is the most common one as property owners are generally attentive to keeping their premises free from hazards. Your attorney will have to show that the property owner did not act as a reasonable person would have in a similar situation, because a reasonable person would have known about the dangerous condition. Establishing that the property owner “should have known” is the most difficult part of the case.
If your case goes to trial, it will be up to the judge or jury to determine whether the property owner should have known about the condition that prompted your fall.
Can I get compensation if I’m partially to blame for my accident?
In many slip-and-fall cases, it is not obvious how the accident could have been avoided. New York is a Comparative Fault state, meaning that if you were found to have contributed to your accident in some way, you can still recover damages; however, your damages will be reduced by the amount that you were considered comparatively at fault. A judge or jury must determine your percentage of fault.
Slip-and-fall cases can quickly become very complicated. If you’ve been hurt in a slip-and-fall in the Bronx, you may want to consult with an attorney about your legal options for compensation quickly. Your case is likely subject to the New York statute of limitations which provides a short period of time in which you may bring forth an injury lawsuit. Call our Bronx personal injury lawyers for a free consultation.
ROCHESTER, NY — People who get hurt due to negligence in Rochester don’t have much time to file a lawsuit. In New York State, those who sustain injuries from a slip-and-fall case shouldn’t wait to sue the at-fault party for damages. The state’s statute of limitations determines the amount of time you have to file a lawsuit; if the statute expires, the court may determine you aren’t entitled to a recovery. If you’re unsure about what steps to take to pursue a slip-and-fall lawsuit, contact our Rochester slip-and-fall lawyers.
How Much Time Do I Have to Pursue a Slip-and-Fall Claim in New York?
Slip-and-falls are some of the most common accidents. They are also some of the most likely to cause serious injuries. In fact, slip-and-falls are among the leading causes of traumatic brain injuries, which can often impact the victim for the rest of his or her life. If you have sustained an injury requiring medical care due to a trip or slip-and-fall accident in Rochester, or if you have had your property damaged in the fall, you may be able to file a lawsuit if it can be shown that your accident was prompted by another’s negligence.
Statute of Limitations in New York for a Slip-and-Fall Lawsuit
You have just three years to file a slip-and-fall lawsuit in New York. Slip-and-falls are a type of personal injury accident that happen because a third-party failed to eliminate hazards from his property. Whether you broke your foot or your phone on someone else’s property, you might be able to pursue compensation for the cost of your medical bills or property damage if you file the lawsuit within three years of the date you sustained your injury or property damage.
It can take time to decide whether to pursue a lawsuit against the at-fault party. After speaking with an attorney, he or she will need to gather evidence against the at-fault party and construct a solid case. The three-year statute of limitations does not mean that you must resolve your entire case within three years; just that you must file the complaint in that time frame.
Can I Recover Compensation Outside the Statute of Limitations?
Filing a case after the statute of limitations may prompt the at-fault party to raise the fact that you filed late as a defense against your complaint. The court must dismiss your accusations against the defendant unless you are able to get an extension. In rare cases, the statute of limitations may be paused or “tolled” to provide additional time to file. Those deemed severely mentally unstable when the injury occurs or underage victims may be awarded extensions.
Don’t hesitate to discuss your accident case with an attorney in Rochester. The sooner you file a lawsuit, the better your chances of receiving just compensation will be.
BUFFALO, N.Y. – Unintentional injuries are now the #4 cause of death for people living in the U.S. These injuries happen due to accidents; of all the ways a person can get hurt, falls account for the most unintentional injuries sustained each year. Our best Buffalo slip and fall lawyers say anyone may be at risk for a slip or trip-and-fall at any moment. Here are some important statistics you should know about falls in the United States.
Slip-and-Fall Statistics You Should Know
Many people may not realize how harmful a slip-and-fall can be. We tend to think of falls as dangerous among the elderly, yet they cause severe injuries in people of all ages. Fall accidents send 8.9 million people to the emergency room each year, according to the National Floor Safety Institute. They are the top reason people visit the ER, accounting for 21% of visits.
In the workplace, falls are the leading cause of worker’s compensation claims, with 85% of such claims attributed to employees slipping on wet floors. They also cause 11% of job-related fatalities for men and 5% for women. Overall, more women will experience a slip-and-fall accident in their lifetime than men.
Falls also go hand-in-hand with traumatic brain injuries (TBI). According to the Centers for Disease Control and Prevention, falls caused the most cases of TBI in 2013, accounting for 47% of all TBI-related visits to the ER, hospitalizations, and deaths in the U.S. It’s interesting to note that falls affect the youngest and oldest among us more than other age groups.
How Do Falls Impact Seniors?
Although anyone can get hurt from a slip-and-fall, the consequences are more significant the older the victim. It’s crucial to understand how slip-and-falls affect senior citizens.
1 of every 3 people aged 65 and over experience a fall
Falls are the 2nd leading cause of death from injuries for those 65 and up
They are the top leading cause of injury-related death for people aged 85 or older
The risk of a fall escalates each decade of a person’s life
A fall is the leading cause of death for those who are 70 or older
The CDC reports that approximately 1.8 million people over 65 years old were treated in the ER because of a fall
Falls cause 87% of all fractures among people over 65
Over 60% of nursing home residents will fall each year
A third of accidental home deaths occur because of falls
Buffalo Slip-and-Fall Lawyers at Your Service
A person who has slipped or tripped and fallen at a public park, in a mall, at the grocery store, or even in a private residence may have grounds to file a personal injury lawsuit for a slip-and-fall accident in Buffalo. In many cases, these accidents are directly caused by a third party’s failure to ensure a safe walking environment.
A slip and fall lawyer’s responsibility is to investigate slip-and-falls to track down the liable party. A person who manages, owns, or operates a premise has must maintain a certain standard of care to ensure safety. When they ignore that standard or fail to correct issues that lead to accidents that then lead to injuries, they can be held accountable for damages.
With Cellino & Barnes by your side, we’ll put our best Buffalo slip and fall lawyers on your case so you can recover for medical expenses, lost wages, ongoing medical treatment, loss quality of life, and more. Contact us for a free case review in Buffalo.
NEW YORK — If you’ve been hurt on the premises of a retail store, government office or other property you may be wondering if you have a personal injury case and how much it might be worth. Bronx personal injury lawyers say the truth is that slip-and-fall accident settlements can vary widely due to a number of factors about your situation. However, a few damages are present in most cases. Before accepting just any settlement, be sure to talk to a slip-and-fall attorney in the Bronx to evaluate your case.
What to Do if You’ve Been Injured in a Slip-and-Fall in the Bronx
Business owners, landlords, and even private property owners have a duty to keep their property free from hazards for their guests. Property owners must repair hazards and warn their guests of potential dangers on their property. When they ignore that duty and allow their property to pose a potential threat to visitors, they can be held liable for the consequences of their negligence.
These accidents occur frequently in grocery stores, clothing stores, construction sites, and even just outside on a wet day. Most slips are not threatening, and many people do get back on their feet. When they become hurt, they need medical attention and legal representation.
Determining the Value of Your Accident Case
It’s impossible to estimate the value of your accident accurately without seeking legal guidance from a Bronx slip-and-fall lawyer. Still, most slip-and-fall settlements take into account the following damages:
Medical Bills: The sum of all past and future medical bills will be one of the main values when calculating your injury damages. Your settlement should cover all accident-related medical expenses.
Lost Wages and Earning Capacity: Many slip-and-fall victims miss a great deal of time from work physically recovering from their injuries. Those who are severely hurt might lose the ability to do the same type of work when they return to their jobs.
Those who miss time from work may be eligible to recover lost wages from the at-fault party. Additionally, those who cannot return to the same level of employment may receive additional compensation to train in a different field or a lump sum for their lost ability to earn a living.
Pain and Suffering: This is the most abstract item for which a victim may receive compensation in a slip-and-fall case is pain and suffering. Figuring out the sum for this value starts with the sum of the medical bills. A person whose injuries have had a larger impact on his or her daily life stands to gain more for pain and suffering than someone who makes a quick and full recovery.
Additional damages may be available to victim’s family members in a wrongful death slip-and-fall case.
For detailed information about the options you have available to you after an accident, it’s best to speak with a personal injury lawyer near you. The distinguished team of slip-and-fall accident lawyers at Cellino & Barnes is ready to discuss your case at no cost to you. Contact us at any time for a consultation.
NEW YORK – Slips and falls are responsible for 9-million visits to the E.R. every year in America. We all know how expensive hospital visits can be; and that’s just the tip of the ice berg. A Brooklyn slip and fall lawyer says in addition to your E.R. bill, victims of falls and slips may also need extended medical care, time off of work, and costly rehabilitation. Even if you get successful treatments for a fall injury in Brooklyn, your bank account could be hurting for years.
The bottom line is, what you do after tripping in a store is important – for both your health and your financial future. Here, we’ll go over some of the most common fall injuries in Brooklyn, and what should be done.
Most Common Fall Injuries In Brooklyn
Slips, trips, and falls happen to everyone. The hope is that these accidents are never serious, but too often that isn’t the case. Many of these injuries come with long-lasting aches, pains, and frustration:
Head Injuries – according to the Centers for Disease Control and Prevention (CDC), falls are the most common cause of concussions and other brain injuries. Once thought to be minor, doctors have developed a different view on concussions. They’re now treated as serious injuries because over time, minor brain damage can become a long-term problem for patients.
Average Lifetime Treatment Cost: $100,000
Injured Wrists – when a person trips, slips or falls, it’s just natural to use your hands to try to break your fall. Unfortunately, this often ends with hand and wrist injuries. In many cases, doctors can never fully correct these injuries and patients must live the rest of their lives with aches, pains or a decreased range of motion.
Average Lifetime Treatment Cost: $15,000
Back and Spinal Cord Injuries – of all the injuries that can happen as a result of a fall, back injuries are some of the costliest. A sudden impact can fracture vertebrae or cause herniated discs. Most of these injuries require surgery. In some cases, a severe injury to the spinal cord can result in temporary or permanent paralysis.
Average Lifetime Treatment Cost: $300,000
Ankle Injuries – We never realize how important our knees and ankles are until something bad happens to them. Broken bones can keep a person off their feet for months, and both joints have vital ligaments and muscles that can be torn or sprained after tripping and falling. When these joints are damaged, surgery may be unavoidable.
Average Lifetime Treatment Cost: $15,500
Hip Injuries – nearly all hip fractures stem from trips, slips, and falls. These injuries typically impact older adults and often require surgery. In addition, lengthy hospital stays and rehabilitation are common for those who’ve suffered a broken hip. In many cases, the patient may require an artificial implant to regain their range of motion.
Average Lifetime Treatment Cost: $70,000
Shoulder Injuries – those who have suffered a dislocated shoulder may tell you it’s one of the most painful experiences. Although shoulder dislocations don’t always require surgery, a brachial plexus injury could cause some serious issues. These injuries impact a network of nerves connecting the spinal cord to a person’s arms and hands. If you’ve suffered a brachial plexus injury, you’ll likely need surgery and physical therapy.
Average Lifetime Treatment Cost: $7,000
What To Do After Tripping, Falling in Brooklyn
Whether you tripped on uneven pavement, slipped on a wet floor at a grocery store, or fell in your apartment building, those responsible should be held accountable. We understand how costly and destructive slips, trips, and falls can be. And we’ve helped thousands of New Yorkers get the best results possible from a slip and fall claim.
When you contact Cellino & Barnes, we’ll put our best personal injury lawyers in Brooklyn on your case. We’ll walk you through the legal process, and explain how we’re going to get the insurance companies to compensate you for your injuries. Call Cellino & Barnes any time — day or night — for a FREE case evaluation.
NEW YORK – Although people often laugh at the videos online, there’s nothing funny about a slip-and-fall. These accidents account for most hospitalizations in America, sending millions of people to the ER each year. Many victims with aches and pains ask our Bronx slip-and-fall lawyers, What Are The Most Common Injuries After A Fall? You may be surprised at how varied these injuries can be.
Children and the elderly are more prone to slip-and-fall accidents than others, and the results can be deadly. The financial impact: devastating. According to the CDC, the medical costs alone for slip-and-falls reached $50 billion in 2015.
Sprains and broken bones. A person can easily twist an ankle or leg when he slips on a wet surface. Landing hard to break the fall can break some bones. The most frequently broken bones include bones in the forearm, leg, ankle, upper arm, and hand and wrist bones.
Shoulder injuries. A heavy fall can dislocate a shoulder. The nerves connecting the spinal cord to the shoulder can stretch or tear upon impact, leading to painful shoulder injuries like brachial plexus injury.
Hip fractures. The CDC reports that falls cause over 95% of hip fractures. These fractures require intense treatment, including surgery and hospitalization, followed by a long period of physical therapy.
Back and spinal cord injuries. According to slip-and-fall attorneys in New York, Damaged vertebrae and slipped or herniated discs cause limited mobility and excruciating pain. Various degrees of paralysis is possible when the spinal cord sustains damage. It can take months to years to regain control of the affected muscles. In severe cases, a person may suffer permanent paraplegia or partial paralysis.
Head trauma. Falls are the number 1 reason for traumatic brain injuries, or TBIs. TBIs can range from mild to severe. More serious head trauma can lead to lifelong cognitive impairment.
Treatment for any of these injuries can quickly exhaust your insurance coverage and savings. Most Americans can’t pay out-of-pocket for these expenses, and most don’t have to if you know who to call.
If you slipped and fell because of someone’s negligence, you have the right to seek compensation for hospital bills, lost wages, reduced earning capacity, and more. A Bronx slip-and-fall lawyer with Cellino & Barnes can help you gain what you are entitled to by law. Contact us for a FREE case evaluation.
NEW YORK – Falls are a top cause of injury in the United States, impacting millions of lives every year. Many slips or falls happen in a public area, like a store or business, and you could be entitled to compensation for your injuries. Victims of these accidents often ask our Queens slip and fall lawyers, What To Do When You Slip And Fall In A Store.
Our legal team has assembled a list of best practices:
What To Do When You Slip And Fall In A Store
Whether you slipped on a wet floor, or fell down a poorly-lit staircase, know what to do. Our Queens slip and fall attorneys have put together five steps to keep in mind:
Get Medical Attention Immediately. Even if you feel fine, it’s important to get checked out by a doctor. Immediate medical attention lowers the risk of long-term complications. It also documents the injuries caused by a slip-and-fall in a store.
Report The Problem. Whether your accident happened in a store or outside, report it to the manager or owner. If you do not know who the manager or owner is, or they are avoiding you, call our Queens slip-and-fall lawyers. We can help track them down!
Document EVERYTHING. Take pictures. Take notes. Talk to witnesses, and get their phone numbers. Every piece of evidence could be relevant and it may help prove your case!
NEVER Admit Fault. In fact, don’t give any statements to anyone other than your attorney. Don’t post any pictures or statements to social media either – this can only hurt you in the end. If you’ve been contacted by an insurance agent, decline a statement until you’ve talked with an attorney whose job is to represent YOU.
Call A Personal Injury Lawyer. When you’ve been injured, there’s a lot at stake and you want someone you can trust to be by your side throughout the legal process. Call an experienced Queens slip and fall lawyer at Cellino & Barnes for a FREE case evaluation.
Many victims of slips and falls are unsure whether they need a lawyer or not. If you’ve been injured in any way, it may be beneficial to at least speak with an experienced personal injury lawyer in New York.
Our team can handle all aspects of your case, and help make sure you’re going to get the best result possible. Some ways we can help include:
Experience. The law is complicated. There can be countless forms to fill out and legal documents that must be drafted. Luckily, our team has decades of experience sifting through legal jargon to help our clients get results.
Trust. To many other law firms, you’re just a case number. But at Cellino & Barnes, our legal team makes it a priority to know you and your family. We feel like that’s what you deserve – an attorney you know and trust to handle your case.
Success. Our team has helped accident victims recover over $2 billion. We didn’t become such a large firm by mistake; our team works hard to help their clients get the best results possible.
Still have questions? Give us a call. Our consultations are always FREE.
Cellino & Barnes (800) 888-8888
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.