Contact us today to schedule a free initial confidential consultation: (302) 777-1000

Toxic Mold

November 25, 2016 by Leave a Comment

Toxic-Mold

What is happening very frequently these days is people are complaining of being exposed to toxic mold. It generally happens when you are renting a premises or even when you are staying at a hotel/motel. It is important to note that just like most things in life, the person who owns the apartment complex or hotel/motel is not automatically responsible for the mold. As with a slip and fall in the supermarket, the owner of the establishment will be liable if they knew or should have known there was mold present.

Obviously, from what I just stated above, if you are in an apartment or a hotel and see evidence of mold, it is important that you not just call, but write the landlord or owner immediately and inform them of what you see. Certain times, it is obvious that they knew or should have known , and just did not bother to do any investigation of the property. Other times, it is a lot closer of a call. Therefore, alerting them to that fact goes a long way in putting them on notice that things are not as they should be. It also can show, depending on how much mold exists, they should have known what occurred.

It is also important to understand that the person exposed to the mold has to prove that the mold is responsible for the health problems that they have. A person can say they are having problems breathing or they are feeling ill, but it does not prove that is as a result of the mold. Therefore, it is essential that you talk to you doctor and get a doctor that specializes in the reactions people have to mold. The defense will argue most times that any problems you have are not related to any potential exposure to mold. There are doctors out there that specialize in the adverse health consequences most people have as a result of being exposed to mold. Your family doctor can get you to someone almost immediately that would have that ability.

As I stated above, it seems to be becoming a more and more prevalent situation. However, people are not aware of the legal requirements to be able to recover for injuries as a result. Anytime you rent an apartment, if there is a problem you write your landlord. If you are in a hotel/motel, especially for a long period of time, write a note to the manager explaining the problems you are seeing. If it turns out he said/she said, then it makes it much more difficult to proceed on the case.

Contact the Law Office of Michael J. Hood

At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware and Pennsylvania. For a free initial consultation, contact us online or call our office at 302-777-1000 for an appointment.

Filed Under: Slip and Fall, Slippery Floors Tagged With: ,

Falling After Snow Storms

October 20, 2016 by Leave a Comment

Woman Slipped And Injured Back On Icy Street

Among fellow trial lawyers in Delaware is something all people should understand. Many people have fallen after snow storms after coming in or out of department stores or any other place of business. In Delaware, there is a doctrine called “The Continuous Storm Doctrine”. What that means is the courts in Delaware have held that there is no duty for the owner of land of a commercial establishment to clear either snow or ice while the storm is continuing. Furthermore, the courts also seem to suggest if they try to do it an proper fashion during the storm, they still may not be held responsible.

It comes up more than you would think. If there was snow for hours and then changes to rain and a person thinks it is ok to venture out, a person gets out of the car and slips on the snow or ice. Generally someone thinks because it is now raining, someone should have cleared the snow that was on the ground. However, with the doctrine I stated above, most probably the place where you fell is not going to be responsible for injuries.

Also, most times the court will give an establishment time in which to clear. In other words, once the weather clears, they do not have to do it immediately. It can vary from half a day to a full day for business owners to make sidewalks and parking lots decent for people to walk back and forth without hurting themselves.

The moral of the story is to be very careful if you are venturing out, for your own sake, while there is bad weather going in on your area. Obviously, you do not want to hurt yourself, and if you do, you are not going to be able to hold the place where you are shopping responsible for your injury.

Filed Under: Premises Liability, Slip and Fall

Slip and Fall

September 9, 2016 by Leave a Comment

Slip and FallIn a slip and fall situation it is vitally important that you report it to the management of the place you fell as soon as it occurred. Many times people call me and say that they had a slip and fall at a supermarket, department store, or any other type of commercial establishment. They did not feel that hurt at the time, and continued on with their business. They did not report it to anyone. Later on, they started developing very severe symptoms as a result of the fall.

If you do fall and feel any type of personal injury, or even if you do not, you should report it immediately to the management of the place where you fell. If you fell because of some type of defect such as water, other type of substance on the floor, by doing so you will protect anyone else that is shopping or working in the store.

For your own protection, it documents what happened at the time in which it did happen. In other words, the management can come and see that there was water or another substance on the floor that caused you the fall. Most establishments will do some type of incident report that will detail exactly what they saw and what you have to say. It becomes part of the record of the store. If you sustained an injury or end up having feeling pain within a few days thereafter, it is already documented.

Furthermore, a lot of establishments as we well know, have cameras. However, cameras do not keep what happened forever. If you report it, then the camera can show exactly what occurred. Most times that will be to your advantage.

If you do not report it until days or weeks later, you lost the effectiveness of having the management see exactly why you fell. Furthermore, if the camera has been erased, you lost the ability for everyone to see exactly what did occur. It is just essential that if you do fall for both your sake and for everyone that is there in the establishment or will be in the establishment, to report it immediately.

Filed Under: Slip and Fall

A Property Owner’s Duty to Address Snowy or Icy Conditions

November 30, 2013 by

Snow and Ice Removal—What Must a Property Owner Do?

Winter is almost upon us. Over the next few months, far too many people will suffer injuries slipping on ice or snow on someone else’s residential or commercial property. In Delaware, as in other states, the owner of residential or commercial property has a duty to maintain the premises in a way that minimizes the risk of injury to anyone legally visiting the property. How does this apply to accumulations of snow or ice? What must a landowner do to protect his or her interests?

Liability for Snowy or Icy Conditions

In a lawsuit for injuries suffered after a fall on residential or commercial property, you can typically seek compensation from either the owner, or the possessor of property, or both. As a general rule, for a property owner to have responsibility for injuries related to a fall, the injured person must show one of three things happened:

  • The owner or possessor neglected to perform reasonable maintenance, or to properly monitor the property to become aware of potentially dangerous conditions,
  • The owner or possessor knew (or should reasonably have known) about dangerous conditions that actually existed, or
  • The owner or possessor created the dangerous conditions, either through acts or omissions.

The rules governing the removal of ice and snow vary from state to state. In Delaware, no distinction is made between snow or ice as a dangerous condition, and any other type of risk. The key question will be whether or not the property owner took reasonable steps to remedy the problem. Important factors will include the amount of snow and the timeliness with which the property owner responded. If a jury determines that a reasonable person would have responded differently, and that the property owner had the ability to respond that way, they can find the owner or possessor liable.

Contact Us

For a free initial consultation, contact our office online or call (302) 777-1000 to schedule an appointment. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Filed Under: Personal Injury, Premises Liability, Slip and Fall, Snow or Ice Conditions

Delaware and Pennsylvania – Slippery Floors

September 27, 2013 by

Supermarket and retail store owners seldom have the staff to monitor for potentially dangerous situations, only responding when someone has been hurt. If you or someone you love has been injured because of dangerous conditions at a supermarket or retail store, we can help.

Personal Injury & Premises Liability Attorney Michael Hood

At the office of Michael J. Hood, LLC, we have provided comprehensive legal counsel to personal injury victims in Delaware and Pennsylvania for more than three decades. We understand the impact that a personal injury can have on every aspect of your life and take a direct approach at all times, carefully gathering as much information as we can so that we can give you a thorough and realistic assessment of the strengths and weaknesses of your case, as well as your case’s value. We built our reputation through honesty and hard work. When we take your case, we’ll leave no stone unturned to get the best outcome for you. We have the knowledge, skill, experience and resources to help you pursue full and fair compensation for all your losses, including lost wages and income, medical expenses, loss of companionship, and physical pain and suffering.

Contact Attorney Michael J. Hood

Contact our office online or call us at (302) 777-1000. There is no charge for your first visit.

Filed Under: Personal Injury, Premises Liability, Slip and Fall, Slippery Floors

Stairway Falls and Landlord Liability

September 1, 2013 by

There are thousands of apartment buildings in Delaware and Pennsylvania, with even the smallest containing a myriad of hallways and staircases, and the owners of apartment buildings and complexes are responsible for maintaining the building’s various components, including the stairways.

Thousands of people slip and fall on stairs every year, while some of these falls are due to human clumsiness, others are due to poor maintenance. If you’ve had an accident in your buildings stairway, the property owner may be responsible.

Unsafe stairway conditions include:

  • Poor lighting in stairwells
  • Debris or clutter on stairs
  • Broken or cracked stairs
  • Spills on stairs
  • Slippery finish on stairs
  • Lack of handrails
  • Broken or inadequate handrails
  • Improper stair height or depth
  • Uneven stair height or depth
  • Ice or snow on stairs

If one of the above conditions exists, the property owner may be legally responsible to you for the injuries you have suffered if:

  • The property owner or an employee caused the slippery/dangerous surface or item to be underfoot (by causing the spill, mopping the floor, causing the worn or torn surface, etc.); or
  • The property owner or an employee knew of the dangerous surface but did nothing about it; or
  • The property owner or an employee should have known about the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.

Some defects in stairs may remain hidden even after an accident, so it is important to contact an experienced attorney to determine if you have a personal injury claim. At The Law Office of Michael J. Hood we have focused our practice on the needs and rights of personal injury and wrongful death victims in Delaware and Pennsylvania since 1982. We know that an accident can bring anxiety and uncertainty. We take a direct approach, learning as much as we can about your accident, as well as your goals, so that we can give you a timely and accurate assessment of the potential value of your claim, as well as your prospects for success. We will keep you fully informed of all developments in your case, as well as your options, so that you can make good decisions about how to proceed.

Contact Attorney Michael J. Hood

We offer a free initial consultation to every client. For an appointment, contact us online or call our office at (302) 777-1000.

Filed Under: Landlord Liability, Personal Injury, Premises Liability, Slip and Fall

Slip and Fall Accidents

July 29, 2013 by

A “slip and fall” is a claim based on a person slipping, tripping, or falling due to the negligence of another. Generally, it is that a property owner was negligent in allowing a dangerous condition to exist that caused the person to become injured. Property owners, (and their insurance companies in an effort not to pay a claim) will often assert that they were not negligent and that the injured person is the one at fault. Common causes of slip and fall accidents include:

  • Uneven pavement
  • A slippery surface
  • Ice or snow
  • Debris
  • Poor lighting
  • Inadequate warning signs
  • Faulty handrail
  • Uneven or broken stairs

If you have been injured due to one of these things, you may have a case for a slip and fall suit. At The Law Office of Michael J. Hood we have focused our practice on the needs and rights of premises liability and personal injury victims in Delaware and Pennsylvania since 1982. We know that personal injury can bring anxiety and uncertainty. We take a direct approach, learning as much as we can about your accident, as well as your goals, so that we can give you a timely and accurate assessment of the potential value of your claim, as well as your prospects for success. We will keep you fully informed of all developments in your case, as well as your options, so that you can make good decisions about how to proceed.

The Law Office of Michael J. Hood represents accident & injury victims throughout Delaware and Pennsylvania including individuals in New Castle County, Kent County and Sussex County in Delaware. Also Delaware county, Chester county and Philadelphia county in PA. We offer a free initial consultation to every client. For an appointment, contact us online or call our office at (302) 777-1000. We are open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.

Filed Under: Personal Injury, Premises Liability, Slip and Fall