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He gave me the proper instructions and he followed up from there and I was very happy with the results. Most important he was concerned that I got the medical treatment that I needed, most important than anything, he cared about me not just as a client, but as an individual.
-
U. Al Amin
Commercial Vehicle Accident
Fort Worth Motorcycle Accident Attorney
Fort Worth Motorcycle Accident Attorney Michael Grossman On Personal Injuries Caused by Texas Motorcycle Wrecks
You can hear motorcycles approaching from a block away. And just as drivers pull over so emergency vehicles can pass, some people move out of the way when they see motorcycles coming towards them in their rear view mirrors.
Riders of motor bikes have swag, that certain charisma that drivers of regular passenger vehicles don’t exhibit. Sometimes that ‘bad boy’ perception of motorcyclists is warranted and sometimes it’s not. But if you have been injured in a Fort Worth motorcycle accident attorney Michael Grossman can help you shed that ‘bad boy’ image so you can get the best compensation you deserve in a personal injury settlement.
If you ride a motorcycle instead of driving a car, it’s akin to riding a skateboard instead of walking: You will get to your destination either way you decide to travel, but one way is faster and more exciting. Motorcycles have a smaller frame than regular passenger vehicles which offers the operator the ability to quickly move from lane to lane. Most regular passenger vehicles don’t have the steering dexterity of motorcycles. And they cost less to maintain than the average vehicle. That’s the reason there are nearly a half million (500,000) motorcycles registered in the state of Texas.
It didn’t take long for some car manufacturers to recognize the opportunity to gain another niche segment of the population by selling motorcycles. Harley Davidson built its historic reputation on motorcycles, while other companies such as Honda and Kawasaki got into the motorcycle game much later. And just like with cars, people choose their type of motorcycle based on their personality. Operators of cruising choppers usually are over 40 years-old, sporty motorcycles usually are ridden by people between their 30’s and 40’s while riders of crotch rocket style motor bikes are in their teens through late 20’s. As diverse as the motor bikes and the drivers who ride them are, the glaring similarity is the likelihood of them being involved in a traffic accident.
If you or someone you know has been wounded in a Ft. Worth motorcycle accident attorney Michael Grossman is standing by to guide you through your legal options. Grossman Law Offices has been trying personal injury lawsuits for more than twenty (20) years. So put his experience and skill to work for you by calling 1-855-338-0170 for a free legal consultation today.
Motorcycle Accident Versus Car Wrecks
Motorcycle drivers can be good at swerving in and out of traffic, but that doesn’t mean they will be able to avoid the dangers of a busy street or interstate, especially during rush hour. That’s because when a motorcycle driver is involved in a wreck - ninety (90%) percent of the time it’s with a car or truck - the other driver claims he didn’t see the motorcycle before the wreck happened. That’s because most drivers of trucks and cars rarely focus on driving – the main thing they should focus on. Instead, they’re punching buttons on the sound system, they’re texting or talking on a cellular phone or they’re paying more attention to what’s going on in the back seat than what’s going on around them on the road. If the driver is not distracted, but really is paying attention to what’s going on around him, he probably is looking out for other four-wheel vehicles instead of a two-wheel motor bike. So motorcycle drivers make sure they see the other driver and they have to make sure other driver sees them before they make any sudden moves.
Here are some statistics from the Texas Department of Transportation about motorcycle accidents:
- Most of the motor bike operators involved in wrecks are between 16 and 24 years old.
- Ten (10%) percent of the motor bike operators involved in wrecks don’t have insurance to cover their injuries.
- Sixty (60%) percent the motor bike operators who crash were not wearing helmets because they said helmets are uncomfortable, inconvenient and they didn’t think they were going to crash.
- Riders who where helmets are four times more likely to escape serious injuries and death than the ones who don’t wear helmets.
- The most deadly injuries to motorcycle riders are those to the head and chest.
- Seventy-three (73%) percent of motor bike riders wore no eye protection when they crashed lending to the speculation that the sun, wind or other debris contributed to the wreck.
- The faster the speed of the motor bike the more likely there will be a crash.
- Most of the bikers involved in crashes have a revoked license or no license at all.
- Nearly fifty (50%) percent of all motor bikes operators were found to be legally drunk when they crashed.
- More than half (50%) of the bike riders who crash have five months or less experience riding a motorcycle.
- Sixty-two (62%) percent of the motor bikes involved in wrecks had their fuel systems ruptured during the wreck and that means the bikes were more likely to catch fire or explode.
That last statistic proves that motorcycles are less safe to operate and might be more deadly than regular passenger vehicles. And that has makers of motor bikes on the defense in some court cases. Passenger vehicles are made of a bunch of plastic and steel designed to protect the people inside from serious injury. Motorcycles don’t have that advantage. And that causes some riders to claim that motorcycles are being sold to the public with deadly design flaws such as that fuel system that bursts and could lead to an explosion or other engine design flaws. If that’s the case, you might have a product liability lawsuit against the manufacture. It’s hard enough to figure out all the flaws on a new motorcycle. But used motor bikes might have unseen deadly flaws due to previous wreck damage. Don’t try to do your own visual inspection. It is advised to have the used motor bike inspected by a qualified mechanic before you buy it. Don’t purchase somebody else’s two-wheel bubble that is about to burst. Your mechanic and the company that made the motorcycle are legally required to build a safe motorcycle and to give adequate service to insure its safe operation. Bike makers make millions of dollars by selling motorcycles. So they should be responsible to their customers to offer safe modes of transportation. You might get a great deal Ebay or craigslist, but if that great deal is going to leave you injured it’s not worth it. Acquire your motorcycle(s) from licensed dealers and get them to give you a great deal. That way if you get into a wreck, the bike’s origin and maintenance history can be verified.
Many cases have made it to court where motor bike owners have filed civil lawsuits against manufacturers. And until auto makers are forced to address some of the design flaws and acknowledge their liability they won’t. So if you have suffered wounds in a Ft. Worth motorcycle accident attorney Michael Grossman can assist you in getting the justice you deserve. Motorcycle accidents are different that most other personal injury claims due to the likelihood of serious injuries and even fatalities being linked to these cases. Non-attorneys should not go to court without the help of a real attorney. You can’t watch enough episodes of Franklin and Bash to finesse your way through a civil lawsuit. Without the help of a Fort Worth motorcycle accident attorney you probably won’t grasp the extent of your case and that means you probably will accept the first low ball offer defense attorneys toss your way. So don’t offer a recorded statement or a written one either. The other side will show up to court with a lawyer and you should too. Call 1-855-338-0170 today for a free legal consultation today.
Beyond purchasing your motorcycle from a licensed dealer and making sure your mechanic knows what to do, motor bike riders should wear safety gear and follow traffic laws to decrease the probability of serious wrecks. Wearing protective gear will help to protect the rider. Although it’s not required, some of the safety gear includes a helmet, eye goggles, gloves, and heavy boots. And special pads are sewn into motorcycle pants and shirts to protect elbows and knees in case the driver falls. Falls from a motor bike are a part of the process. But when the rider falls from a motorcycle it’s usually onto a hard surface of asphalt or rocks and gravel that could leave the riders (s) with bad injuries, and even fatal injuries.
Wannabe motor bike operators should pass a cycle safety course to evaluate their knowledge and abilities, the same as a driver’s education class that most students take for credit. You’ll learn about the latest motorcycle safety rules, motorcycle traffic rules and your ability to pass simulated obstacle courses. There is no amount of money that is worth your life or the live of your friend or relative.
In Texas anyone 21-years old and younger must wear a helmet while riding on a motorcycle. If the person is older than 21 helmets are optional, but the operator must complete a motorcycle training course or be able to show proof of health insurance. The faster a rider goes the more likely the rider is to have a wreck.
Motorcyclists are bound to suffer everything from minor bruises to cranial damage and sometimes paralysis. Sometimes another car is not involved and the rider still gets seriously hurt. A sharp turn or a miscalculation can lead to life threatening wounds. Simple skin abrasions could cause major infections. When bikers fall simple abrasions can become infected if the skin is not properly treated and allowed to heal itself. So riders should not ignore the severity of their injuries, because they could get worse. Expensive medical bills should not be handled by the biker rider alone, especially if the wreck was not the rider’s fault. Your wounds might seem trivial today, but the longer it takes to get medical care the more damage you might cause to your health and your recovery.
When a bike rider is killed in a traffic accident that is the fault of someone else a member of the deceased’s family is eligible to file a wrongful death lawsuit against the other driver or the bike maker or a mechanic who individually or collectively is found to be at fault. Then the plaintiff would have to prove in court that (1) each party had a duty to cause no harm; (2) the parties breached their duties and (3) the deceased victim suffered damages that should be compensated by the liable parties. Damages could contain medical expenses that added up before the victim passed, lost wages that accrued because the victim was hospitalized, and the loss of wages in the future as head of household and/or the primary bread winner.
In addition to having to prove the above items, public opinion about the risk taking behavior of most bikers could make it harder for a judge or jury to side with a biker if its his word against that of the other driver. Ft. Worth motorcycle accident attorney Michael Grossman can turn the tide of the jury and judge’s opinion to your favor. Michael Grossman will help you to gather evidence and prepare for battle against insurance adjusters who want to stomp out your claim like an unwanted rodent and try to prove that your motorcycle accident is nobody’s fault by your own.
With so many reasons to hire DFW motorcycle accident attorney Michael Grossman, the best reason is because you need someone to help you fight for justice. So why not choose an experienced litigator with a history of courtroom victories, proven negotiation skills and the caring way that he handles each case? Contact the Fort Worth motorcycle accident attorneys at Grossman Law Offices today at 1-855-338-0170.
Some of Our Most Recent Successful Cases
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
$40,000.00
Attorney Fees:
$13,333.00
$13,333.00
Litigation Expenses:
$50.00
$50.00
$350,000.00 Recovery - Wrongful Death / First Party Dram Shop
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.
The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.
The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.
The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.
Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.
Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.
The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.
The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.
The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.
Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.
Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Total Recovery:
$350,000.00
$350,000.00
Attorney Fees:
$140,000.00
$140,000.00
Litigation Expenses:
$40,000.00
$40,000.00
$75,000.00 Recovery - Workplace Accident (Soft-Tissue Injuries)
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Total Recovery:
$75,000.00
$75,000.00
Attorney Fees:
$25,000.00
$25,000.00
Litigation Expenses:
$350.00
$350.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.
The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.
The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.
The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.
The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
$335,000.00
Attorney Fees:
$134,000.00
$134,000.00
Litigation Expenses:
$63,000.00
$63,000.00
$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Arm)
Recovered for client injured in a liquor liability accident.
Recovered for client injured in a liquor liability accident.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$40,000.00
$40,000.00
Litigation Expenses:
$5,000.00
$5,000.00
$65,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue injuries in an automobile accident.
Recovered for client who suffered soft-tissue injuries in an automobile accident.
Total Recovery:
$65,000.00
$65,000.00
Attorney Fees:
$26,000.00
$26,000.00
Litigation Expenses:
$1,500.00
$1,500.00
$2,000,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.
Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.
Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.
We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.
The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.
Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.
Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.
Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.
Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.
We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.
The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.
Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.
Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
Total Recovery:
$2,000,000.00
$2,000,000.00
Attorney Fees:
$775,000.00
$775,000.00
Litigation Expenses:
$25,000.00
$25,000.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$300,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma)
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.
The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.
It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.
The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.
It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
Total Recovery:
$300,000.00
$300,000.00
Attorney Fees:
$120,000.00
$120,000.00
Litigation Expenses:
$9,807.00
$9,807.00
$350,000.00 Recovery - Premises Liability (Brain Injury)
Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building's construction (some 20 years prior), and they claimed that the child's mother was contributorily negligent in that she did not notice that her child was playing near the railing.
Through litigation, our attorneys countered the defendant's arguments by showing that the case law does not support the notion of any safety related concerns in the building code being "grandfathered" in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7 inch intervals, which was at odds with the now-standard 4 inch interval.
Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child's activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.
Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building's construction (some 20 years prior), and they claimed that the child's mother was contributorily negligent in that she did not notice that her child was playing near the railing.
Through litigation, our attorneys countered the defendant's arguments by showing that the case law does not support the notion of any safety related concerns in the building code being "grandfathered" in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7 inch intervals, which was at odds with the now-standard 4 inch interval.
Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child's activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.
Total Recovery:
$350,000.00
$350,000.00
Attorney Fees:
$115,500.00
$115,500.00
Litigation Expenses:
$5,000.00
$5,000.00










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