Slip and Fall Injuries

Minnesota Winters cause many of us to slip and fall. Some of these falls lead to serious injuries.

It is not only the snow and ice that we must contend with. Sometimes we encounter slippery or dangerous conditions in the retail stores we shop in. Spilled fluids or misplaced products and tools can lead to life changing injuries.

Many injuries occur in the retail industry due to slips, trips and falls on slippery floor surfaces or in cluttered walkways. To avoid these injuries, a bit of caution can go a long way.

“Clean up spills right away or mark the area to warn others and report the spill to your supervisor.” http://www2.worksafebc.com/PDFs/small%20business/retailworker.pdf


After the fall it is important to record the names and contact information of any witnesses. Have someone photograph the area before the danger is cleaned up. Check
for surveillance cameras and question store employees about obtaining a copy of the video tape.

Although many of these dangers could easily have been prevented by proper maintenance, claims for compensation for injured victims are aggressively defended. It is important to preserve as much evidence as possible.

Jeffrey S. Sieben

Attorney at Law

Sieben, Grose, Von Holtum & Carey, Ltd.

800 Marquette Avenue, Suite 900

Minneapolis, MN 55402

direct: 612-333-9713

cellular: 651-336-1925

Flying objects on our Highways

Every year on Minnesota highways, motorists or bystanders are injured by debris falling from vehicles.

A recent incident occurred in Winona when the failure to secure a load of chicken skimmings caused a slippery mess on Winona roads.

http://www.twincities.com/ci_12249451?IADID=Search-www.twincities.com-www.twincities.com

This mess was found to be the cause of several car accidents.

The responsible parties in that case were identified and ticketed for failure to secure a load properly.

In many other incidents, the at-fault driver is never identified. Injured victims from this type of negligence must rely on their own uninsured motorist insurance to cover their losses in those situations. Remember that most injuries involving the use or maintenance of a motor vehicle are covered by your own no-fault automobile insurance.

Safe Driving,

Jeff Sieben

Sieben, Grose, Von Holtum & Carey, LTD.

(612) 333-9713

Cellular Telephone (651) 336-1925

Protecting Yourself Before the Auto Accident ( No-Fault Insurance )

Minnesota drivers are required to purchase No-Fault automobile insurance.

 

No-Fault insurance covers many losses for the victim of an automobile collision.  Medical expenses, wage loss and replacement services.

 

Many Minnesotans carry only the mandatory minimum no-fault coverage.  This includes $20,000 for medical expenses and $20,000 for lost wages. 

 

Insurance companies also allow the driver to purchase stacked No-Fault policies. 

 

Stacking effectively multiplies the mandatory minimums by the number of vehicles in your household.  Many times this additional protection comes at only a slight increase in your overall automobile insurance costs. 

 

Seriously injured motorists enjoy a policy of insurance that comes with deductible or co-pay.  This is more beneficial to victims than most health insurance policies.

 

You may want to re-evaluate your No-Fault insurance policy.

 

Jeffrey S. Sieben

Sieben, Grose, Von Holtum & Carey, LTD.

Office        (612) 333-9713

Cell phone (651) 336-1925

 

 

 

 

Uninsured and Under Insured Insurance

Many Minnesotans find themselves the victims of car accidents with uninsured drivers or drivers without enough insurance to compensate them for their losses.

Your auto insurance affords you protection for this situation. 

Minnesota's Legislature has recently strengthened your rights when making Uninsured and Under Insured claims.

Minnesota's new law states in part:

604.18 INSURANCE STANDARD OF CONDUCT
Subd. 2. Liability.

(a) The court may award as taxable costs to an insured against an insurer amounts as provided in subdivision 3 if the insured can show:

(1) the absence of a reasonable basis for denying the benefits of the insurance policy; and

(2) that the insurer knew of the lack of a reasonable basis for denying the benefits of the insurance policy or acted in reckless disregard of the lack of a reasonable basis for denying the benefits of the insurance policy.

This law helps to encourage insurance companies to deal with their insured's in good faith.

When insurance companies try to take advantage of their insured's, they will be exposing themselves to damages that were not previously actionable in Minnesota.

This new law would have helped my client in his 2006 trial.  In that case, a 44-year-old bricklayer, was seriously injured in a car accident.  He settled his claim against the driver, who was underinsured, for $95,000, and collected another $40,000 in no-fault benefits. 

Having suffered injuries to his femur necessitating a future hip replacement and causing recurring health issues, Nelson asked his insurer to pay the $100,000 in underinsured motorist benefits provided for in his auto policy.  The insurance company initially offered to pay half, ultimately upping its offer to $75,000 just before trial.  Rather than settling the case for $25,000 less than he thought he was entitled to, Nelson opted to go to trial.  After hearing the facts, the jury returned a verdict for $793,000. 

Despite the highly favorable trial result, the insurer had to pay just $120,000 - the $100,000 policy limit, plus another $20,000 in taxable costs.  

Today, Minnesota law provides a remedy for injured people in this situation:

Subd. 3. Damages and costs.

(a) In addition to prejudgment and postjudgment interest and costs and disbursements allowed under law, the court may award an insured the following taxable costs for a violation of subdivision 2:

(1) an amount equal to one-half of the proceeds awarded that are in excess of an amount offered by the insurer at least ten days before the trial begins or $250,000, whichever is less; and

(2) reasonable attorney fees actually incurred to establish the insurer's violation of this section.

 These damages and costs are a major victory for injured victims of car collisions with underinsured and uninsured drivers.  This new statute gives remedies to victims who struggle to get their own insurance companies to honor claims.

Jeff Sieben
Sieben, Grose, Von Holtum & Carey
(612) 333-9713
Cell Phone  (651) 336-1925

Move Over Law - Protecting our Protectors

Every year in Minnesota some of our law enforcement officers are horribly
injured or killed by inattentive drivers.

In 2000 Minnesota State Patrol Trooper Ted Foss was killed, while
conducting a routine traffic stop in southern Minnesota. A semi-truck
passing by the scene crashed into his patrol car and the stopped vehicle
killing Trooper Foss. He was survived by his wife, Andrea; son,
Mitchell, age 5; daughter, Hannah, age 2.

Our Legislature enacted a new law in honor of Trooper Foss. Minnesota
Statutes 169.18, subdivision 11 reads:

"When approaching and before passing an authorized emergency vehicle that
is parked or otherwise stopped on or next to a street or highway having
two or more lanes in the same direction, the driver of a vehicle shall
safely move the vehicle to a lane away from the emergency vehicle."

In 2008, the Minnesota Legislature amended this law to include road maintenance and construction vehicles. Department officials said this change is needed due to the increasing number of crashes that involve highway workers performing construction, maintenance or emergency repair work.

To learn more about the amendment, please see: http://dot.state.mn.us/newsrels/08/07/31-moveover.html

The next time you see an emergency vehicle along the road, you should:

* If you are traveling on a roadway with two of more lanes, you
must keep a lane away when passing a stopped ambulance, fire truck, or
law enforcement vehicle.
* If you are not able to safely move a lane away, reduce your
speed.

To view our current legislation please see:
https://www.revisor.mn.gov/statutes/?id=169.18&year=2009

To learn more about Trooper Foss, please see:
http://www.minnesotatzd.org/events/workshops/SE/2009/documents/Ted_Foss_May_09.pdf

Sieben, Grose, Von Holtum and Carey has represented many law enforcement
officers and highway workers that have fallen victim to the negligence of inattentive
driving. If you or your loved one has been injured while working as an
emergency response person or on your own time, please do not hesitate to
contact me.

Jeff Sieben
Sieben, Grose, Von Holtum & Carey
Telephone: (612) 333-9713
Cell Phone: (651) 336-1925