Falls and
Dangerous Properties

Slips on Ice and Snow

The law requires that a possessor of property keep it free from ice and snow after a storm. When a fall happens because a parking lot or sidewalk is not plowed, shoveled or salted, an injured person may be entitled to a recovery. Early investigation is important in order to identify the responsible parties. Besides the owner, this might include a plow company or a tenant on the property.

Some examples of cases handled by Faulkner and Graves: When a business, which detailed cars, had black ice on its driveway early in the morning, but after the start of business hours had started, causing a customer to fall, the owner was liable. When a puddle from a leaking drainpipe iced over the parking lot of a business and someone fell, the owner was liable.

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Private Property

Landlords as well as home owners are responsible for keeping their properties safe for invited guests, tenants and others who have a legitimate reason to be there. We have handled and investigated many such cases, including staircases defective due to broken stairs, steps that were too steep, or dangerous because they had no handrails as required by the building code. We have seen injuries from doors coming unhinged, inadequately lit stairwells, tenants falling through flooring, and a deck that collapsed at a private home. In another private property matter, a multi-million dollar judgment was recovered for a twelve year old who lost three fingers of his master hand, when a wood splitter was activated before the youth was warned that the machine was about to be turned on.

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Dangerous Roads and City Sidewalks

These claims are sometimes referred to as "defective highway claims." They include such dangers as pot holes in the roads and cracked or broken sidewalks. The State or Town may be responsible to you if an injury is caused by such a defect. This type of claim must start with the State or Town receiving detailed legal notice within a very short period of time. That's an important reason for hiring us as soon as possible.

Inadequate Security

Businesses, especially shopping malls, are required to protect their customers from assault or other criminal conduct when there is a history of such activity. Employees also deserve proper protection, this firm obtained a favorable result for the family of young man murdered by robbers while working third shift at a gas station / convenience store. The store had removed bullet proof shielding despite a history of robberies.

Stores, Restaurants and other Commercial Properties

Malls, supermarkets, department stores, restaurants and other shops and businesses are required by law to keep their property in a safe condition for their customers. We have handled many cases where injuries have resulted from water or some other slippery substance spilled on the floor, merchandise falling from a store shelf, malfunctioning doors, and even faulty shopping carts.

One of our clients tripped and fell over a merchandise display that extended too far into the shopping aisle. Another fell in a beauty salon when her feet became entangled in some wires that should have been kept out of the way of customers. Serious injury resulted when a wheelchair rolled off a walkway not guarded by a handrail in a strip mall. Burning injuries to a woman's throat when she drank a beverage in a restaurant, the draft lines had not been purged with water after they had been cleaned with a corrosive chemical. A toddler's arm was fractured in a fall from a playscape when restaurant employees had placed a dining booth too close to the play equipment.

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Parking Lots, Parking Garages

and Sidewalks

Stores and businesses should maintain their sidewalks, parking lots and garages in a safe condition. Injuries frequently result from falls due to broken asphalt, uneven surfaces, or inadequate lighting. Early investigation is important to capture photographs of the defect and take necessary measurements to determine whether a building code violation exists.