Missouri Accident Lawyer Blog

If you or a family member sustain a serious personal injury, it will likely be one of the most stressful and challenging events in your life. When evaluating personal injury attorneys to help you through this complicated time, there are several qualities that you should look for.

The first thing you want in a lawyer is extensive experience in the specific practice area related to your case. If you were involved in a car accident, make sure to find someone with numerous car accident cases under his or her belt. If you are dealing with a premises liability case, make sure the attorney is qualified in that area and so on. Each area of tort law and personal injury law is very different and it would benefit you to have representation well versed in that particular area.

You also want to get a sense of the attorney’s track record when it comes to handling similar cases. You’ll want to find out how many cases they have tried and how often they go to trial. Of course you’ll also want to know how successful he or she has been when they do go to trial.

It is also important to get a sense of the attorney’s reputation in the profession. If he or she has a poor reputation among fellow lawyers, that is a very bad sign. Ask other lawyers about your potential hire and check to see if the attorney you are considering is a member of any respected professional organizations like The American Trial Lawyers Association.

Last, but certainly extremely important, you’ll want to find a personal injury lawyer that makes you feel comfortable and cared for. As stated above, this will likely be one of the most stressful periods in your life and you’ll want a lawyer that is genuinely concerned for your personal health and well being and not just the settlement. Some large firms with many lawyers on staff tend to lose this sense of connectedness as they tend to be focused on finding the fastest way to settle and move on to the next profitable case.

As each week passes, we are starting to see more signs that summer is here. Baseball season has started, the pools are opening, and students are getting out of school. Amusement parks across the state are also gearing up for the busy season. If a park visitor is not careful, though, serious injury and even death can occur at a place which is normally associated with fun and excitement.

Many people have different reactions to theme park rides. Some people are daredevils that feel safe going on any thrill ride, while others swear those big roller coasters are just an accident waiting to happen.

The truth is that theme parks are relatively safe as long as both the guests and the park staff are attentive and use good judgment. This, as you probably suspect, doesn’t always happen and that’s when there’s a problem.

The Consumer Product Safety Commission estimates that more than 10,500 people are seriously injured each year on rides at both permanent amusement parks and traveling carnivals combined. This data is only an estimate as a true number would be very hard to calculate. Injury accidents at theme parks aren’t always reported and rules about documenting them vary widely from state to state.

Tragically, 5 people die each year in accidents at parks like these. Just last week, in fact, a young boy drowned in a pool at a Wet n’ Wild amusement park in Anthony, Texas.

You might guess traveling carnivals, with those rickety mobile rides that collapse and reassemble in mall parking lots, might be less safe than a fixed-site theme park. This too is hard to gauge due to lack of information. We know fixed-site rides account for about 6,500 of the total injuries each year compared to only 4,000 or so for the mobile amusement rides. Fixed-site parks, though, presumably see more visitors a year, so they may be statistically safer. It’s impossible to know the exact rate for mobile parks as their attendance figures are not documented completely.

From a personal injury lawyer’s perspective, the big question is, “Why are these accidents occurring?” The CPSC cites a few main causes for the incidents. A large number of injury accidents were blamed on rider behavior. Generally this means that a park guest did something reckless like standing up on a ride or removing safety restraints. Another main cause of accidents is negligence on the part of the ride operator. If a ride operator fails to properly secure a ride’s passengers, serious injury is often the result. Most of the remaining accidents are caused by mechanical failure.

If someone is injured by a theme park staff’s negligence or a mechanical breakdown, they may be entitled to damages through a personal injury lawsuit. A claim against a theme park or traveling carnival will probably fall under the category of a "premises liability" case. These cases are brought against business or land owners when an injury results from dangerous conditions on their property. Even if the accident might have been caused by a park guest’s actions, they should still contact a injury accident attorney to learn their rights as they still may be entitled to compensation.

Ann Kaminsky, 47, was found dead Sunday after apparently falling into a lake inside a condo complex in Weldon Springs, according to a St. Louis Post Dispatch report.

According to officials cited in the report, no foul play is suspected and no signs of trauma or struggle were immediately visible. An autopsy will be conducted as will a toxicology report, but the findings may not be released for weeks.

The report also says that witnesses saw Kaminsky drinking what might have been alcoholic beverages and reading, though it is not known what exactly she was drinking. Officials say it’s likely that she fell on a slippery area around the lake.

The results of the autopsy and toxicology report will tell us a lot about this case. If Kaminsky had been drinking heavily, it is entirely plausible that she simply fell in the lake while inebriated and was unable to swim out. If it tests come back saying she hadn’t had that much to drink, or that the slip and fall knocked her unconscious, this might be a case of premises liability.

A premises liability case alleges a defect or dangerous condition of property causes personal injury or death to a person. Missouri law requires owners and possessors of property to maintain their premises in a reasonably safe manner. This includes keeping areas free of foreign objects, slippery substances and hidden dangers.

If an investigation into the condo grounds turns up evidence that there was a slippery and unsafe area around the lake that pedestrians were expected to walk in, a Missouri personal injury attorney could argue that the condo managers were negligent in maintaining their property.

With winter approaching (or already here as some Missourians who just received several inches of snow over the weekend would say) we must prepare for the potential hazards that ice and snow presents. Icy walkways can be dangerously slick, and while that statement might seem obvious, millions of Americans suffer serious injuries every year because they slipped and fell.

Slip and fall injuries
Slip and fall injuries, from a personal injury law perspective, covers all cases where someone slips or trips because of a dangerous condition such as ice or shoddy construction. The Center for Disease Control and Prevention tracks non-fatal injuries and reports that over 8 million people were injured in slip and fall injuries last year, and this number is pretty consistent from year to year. Elderly people are at a higher risk with nearly double the injury rate than people aged 18-40.

If you slip and fall on someone else’s property, they may be responsible for paying for your injuries. In the winter, this most commonly occurs when a public walkway is not properly salted or cleared of ice.

This area of personal injury law can sometimes become an area of ridicule or where accusations of frivolous lawsuits arise. While I’m sure there are cases where greed overtakes common sense, the vast majority of slip and fall personal injury lawsuits are cases where a person suffered serious injuries like broken bones or head trauma and the property owner was grossly negligent. Property owners should be held accountable if they knowingly allow others to walk on unsafe or hazardous ground.

Protect yourself – Know what to do if you’re injured
If you are injured on someone else’s property, either private or public, information and documentation are your best friends. Write down an account of the incident as well as take photographs of the area as soon as you can. Get the names of any witnesses as well as the names of the land owner or manager. Make sure you notify the property owner of the injury and get a copy of their documentation of the incident.

Don’t wait to see a medical professional. See your doctor or go to an urgent care center if the injury is more serious. You could have suffered a sprain or done internal damage that is not immediately noticeable, but could turn into a lasting injury if not spotted right away. If you would need to seek damages by way of a personal injury lawsuit, the quicker your injuries are documented by a medical professional, the better.

If you believe you’ll need legal help to deal with the incident, you should quickly consult a personal injury lawyer that’s experienced in slip and fall injuries. Wait too long and your case might be thrown out because you’ve exceeded the statute of limitations.

Prevention is always the best, but even the most careful person can become a victim of a dangerous situation. Don’t wait to get the help you need after an accident.

Five lawsuits have been filed this month against numerous companies and people associated with Rockwool Industries, a company that manufactured insulation, for allegedly contributing to dozens of illnesses in Cameron, Missouri.

Rockwool Industries, which closed in 1991, operated a factory near the city of Cameron that used various chemicals and industrial procedures to turn iron into fiber insulation.

As many as 68 area residents have reported cases of brain or nervous system tumors and the Missouri Department of Health and Senior Services is investigating the area to see if there is any connection between the factory and the residents’ health problems.

Samples of soil and water are being tested for a number of harmful contaminants, but so far no chemical has been found in high enough concentration to cause any ill effects to humans.

This type of personal injury suit is considered a premises liability case. These types of cases allege that a property owner failed to maintain a safe environment on their property and that the unsafe conditions lead to an injury or illness. The Cameron case deals with chemical expose, but premises liability cases can involve falls on uneven sidewalks, poorly constructed buildings, or any number of environmental hazards.

Whenever someone is injured by a property hazard, the most important thing to do after seeking medical treatment is to contact a personal injury attorney that handles premises liability cases. There are statue of limitations issues that may keep you from recovering damages if you wait too long to file a suit. If you believe you have been exposed to hazardous chemicals in any way, it would also be a good idea to keep documentation of how many times and for what duration you were exposed.

Justin Larson, 26, of St. Louis, was seriously injured when he fell from an escalator Saturday night while attending the Cardinals-Mets game at Shea Stadium in New York.

Larson fell from the box-seat level to the floor, according to investigators. He was knocked unconscious and suffered broken ribs, a collapsed lung, and swelling of the brain. Larson was listed in critical condition at an area hospital.

This is not the first such incident to take place on an escalator at Shea Stadium. In April of this year, a 36-year-old man fell to his death after losing his balance on an escalator in a different section. In 1985, a 21-year-old also fell to his death from one of the stadium’s escalators.

Since this latest incident, several Mets fans have posted comments on the internet saying they have never felt safe on Shea Stadium’s escalators which are tall, narrow, and free-standing with nothing to prevent such dangerous falls.

The fact that no additional safety measures have been taken despite numerous deaths, injuries and complaints could be seen as negligence on the part of Shea Stadium’s owners. This falls under the area of law known as premises liability, which alleges that unsafe conditions led to a personal injury. Owners of property are required to maintain it and keep it reasonably safe, especially if dangers are known to be present.

If you or a loved one has been injured because of unsafe property conditions, the most important thing you can do is contact an experienced personal injury attorney.

The Bradley Law Firm has handled cases like this for more than 30 years. If you have any questions regarding your legal rights, contact us for a free consultation. Our lawyers can represent injured victims throughout the United States and regularly associate with counsel in states other than Missouri and Illinois to pursue claims. As always, you will never receive any legal bill from us and we only recover a fee if we are successful on your case.

The Missouri Court of Appeals reversed a ruling in favor of the Clay County Election Board that determined it had no responsibility for the injury of Evelyn Thomas, a Clay County resident. Thomas was injured when she slipped and fell on ice while trying to vote in a presidential primary. The initial ruling stated the election board was entitled to sovereign immunity. The court’s analysis was based on the fact that Thomas’ fall occurred outside of a 25-foot perimeter from the polling place doors. The Court of Appeals reversed and remanded this judgment saying the perimeter test was not the proper legal test for waiving sovereign immunity.

Sovereign immunity is the doctrine that a state or official of the state can’t commit legal wrong and is immune from civil suits. Its origins can be traced back to English monarchies where the kings and queens lived above the law. The rationale for following such an antiquated doctrine in modern times was that lawsuits could impact the budget of local governments and hinder their ability to function. The reality is that sovereign immunity can be abused by government officials in order to protect themselves from being sued for negligence in personal injury cases.

In Missouri, revised statutes have said sovereign immunity can be waived in certain cases, allowing a plaintiff to collect damages from the state or public entity, such as an election board. One of the exceptions to sovereign immunity is the defective condition of property.

The initial ruling in the Thomas case was sovereign immunity could not be waived because of a “bright line test” based on the distance from the polling place. A “bright line test” or “bright line rule” is used by courts to clarify ambiguity in laws that can be read multiple ways. For instance, the election board is responsible for making sure the condition of the polling place did not pose a danger to voters, but the definition of what areas constitute the polling place can be ambiguous. Is it just inside the building where the polls are? Does liability extend to the sidewalk outside, and, if so, how much of the sidewalk? The defense attempted to establish a “bright line rule” of a 25-foot perimeter from the polling place door since the injury occurred farther away and thus the election board would retain immunity. Opponents often say these types of rules are too simplistic and applying them to all situations can lead to unjust results. The Court of Appeals felt the Thomas case was one where a 25-foot “bright line rule” did not apply and the election board could exert control and possession beyond that perimeter.

Lawyers representing government entities and large corporations will use these types of rules in an effort to establish governmental immunity and deny injured people the money they need to cover their expenses. Because of the complicated nature of these rules, people suffering an injury because of government negligence need to contact an experienced personal injury attorney as soon as possible.

This case also dealt with premises liability which is an area of personal injury law that alleges dangerous property conditions led to an injury or death. Missouri law requires owners and possessors of property to maintain their premises in a reasonably safe manner. This includes keeping areas free of foreign objects, slippery substances and hidden dangers.

If you have any questions about premises liability or personal injury law, visit our “Common Questions” page or our contact page. The Bradley Law Firm has handled personal injury cases for 30 years and offers free, no obligation consultations.

From a lawyer's perspective in St. Louis, Missouri, it seems like dog bite injury claims and lawsuits are on the rise. Many times, pit bull terrier dogs are to blame for vicious dog bites and attacks. However, today, two American bulldogs were to blame for injuring a 53 year old St. Louis, Missouri man at his home.

According to St. Louis county police officer Tracy Panus, the man was playing with the two dogs when one turned on him and began a vicious attack on him. At that dog attacked, the other dog started to bite him also.

The man suffered personal injury and bites to his arm and leg. During the dog attack, a neighbor shot one of the dogs; the other was later put to sleep by authorities.

The "Missouri Rule" recognizes that in dog bite injury cases, there is a two-tier system of liability, depending upon the dog's dangerous propensities. As to a dog that possesses abnormally dangerous or vicious propensities, the rule is that regardless of what steps are taken to warn or protect from those dangers, of which the owner has actual or constructive knowledge, the owner will be strictly liable for any injuries caused by the dog. When an owner or possessor has a dog that does not possess known vicious dangerous propensities, the rule gives the dog a break, premised upon the motto that a dog is considered "man's best friend." However, under the second rule, an owner or possessor can be held liable for those entering land for foreseeable dangers created by the dog's normally dangerous propensities.

Needless to say, in dog bite cases, the history of the particular dog in question must be extensively researched in order to determine liability. For a free evaluation of your St. Louis dog bite claim, please contact us and speak to a Missouri lawyer today.

Karrar Abudarb, a 19-year-old immigrant from Iraq and St. Louis, Missouri resident was killed Monday night after a goal post collapsed upon him at Wilmore Park in St. Louis city. This particular park is in a neighborhood called Southampton and is bordered by Chippewa Street, Hampton Avenue, Eichelberger Street, and Kingshighway.

According to his soccer teammates, Mr. Abudarb was doing "chin ups" from the cross beam of the goal post when it gave way. His teammates attempts to revive him were unsuccessful.

The city claims this was not a goal it put up. It is not quite clear how the metal goalposts got to the park. Initially, the city accused the players of bringing the goalposts to the park. However, numerous witnesses have confirmed the metal goal posts had been there for quite some time. In fact, it now appears the city confirms this is the case as the city has admitted it should have removed the posts prior to this incident.

After this incident, the City of St. Louis ordered the goal posts to be removed and were in fact removed by the Department of Parks, Recreation and Forestry.

At this time, it is not yet clear how the goal post collapsed. It seems this particular post was not secured in the ground.

No wrongful death lawsuit has been filed by a lawyer for Mr. Abudarb's family at this time.

It is unclear whether any other injuries have occurred at this park.