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Proving Negligence in Slip and Fall Injuries: What You Need to Know

By News

Slip and fall accidents are among the most common types of personal injury cases, but proving negligence in these incidents can be challenging. If you’ve been injured due to a slip and fall, it’s essential to understand how negligence plays a role in your case and how to prove it effectively. At Losi & Gangi, we specialize in helping victims of slip and fall accidents get the compensation they deserve. Here’s a breakdown of how negligence is proven in slip and fall injury cases.

What is Negligence?

Negligence occurs when someone fails to take reasonable precautions to prevent harm to others. In a slip and fall injury case, this typically involves a property owner or business failing to maintain their premises in a safe condition. To prove negligence, you need to show that:

  1. Duty of Care: The property owner or business had a responsibility to keep the area safe for visitors or customers.
  2. Breach of Duty: The property owner or business failed to uphold this duty, often by not addressing a hazard (like a wet floor, uneven pavement, or poor lighting).
  3. Causation: The hazardous condition directly caused your injury.
  4. Damages: You suffered actual harm, such as medical bills, pain, or lost wages, as a result of the fall.

Proving Negligence in Slip and Fall Cases

To establish negligence in a slip and fall injury case, you must gather evidence to support your claim. Here’s how you can prove each element of negligence:

1. Duty of Care

The first step in any personal injury case is showing that the property owner owed you a duty of care. This is typically straightforward: if you were lawfully on their property (as a customer, visitor, etc.), the property owner is responsible for maintaining safe conditions.

2. Breach of Duty

To prove a breach of duty, you need to show that the property owner failed to take reasonable steps to address a hazard. This could include:

  • Failing to clean up a spill
  • Ignoring a crack in the floor or broken step
  • Not providing adequate signage to warn of a dangerous area
  • Failing to fix poor lighting or other unsafe conditions

Gathering evidence of the hazard is essential—take photos, obtain witness statements, and document when and where the fall occurred.

3. Causation

The next step is showing that the hazardous condition directly caused your injury. You’ll need medical records and possibly expert testimony to establish the link between the hazard and your injuries.

4. Damages

To prove damages, you’ll need to provide evidence of your injury’s impact on your life. This includes:

  • Medical bills
  • Proof of lost wages
  • Any other costs or consequences you’ve faced because of your injury

Key Evidence in Slip and Fall Injury Cases

Here are some types of evidence that can help prove your slip and fall case:

  • Photographs: If possible, take pictures of the hazard right after the fall. This can be crucial evidence in proving the condition of the property at the time of your injury.
  • Witness Statements: Eyewitness testimony can be valuable in supporting your claim that the hazard was present and dangerous.
  • Medical Records: Documenting the extent of your injury and the treatment you’ve received is critical for establishing damages.
  • Maintenance Records: If the property owner has a history of ignoring maintenance issues, these records can demonstrate their negligence.

Why You Need an Experienced Attorney

Proving negligence in a slip and fall injury case can be complex, but with the right legal team by your side, you can ensure your case is handled properly. An experienced attorney will know how to gather the necessary evidence, navigate complex legal procedures, and fight for the compensation you deserve.

At Losi & Gangi, we specialize in personal injury cases, including slip and fall accidents. If you’ve been injured due to a property owner’s negligence, we are here to help. Our team is dedicated to guiding you through the legal process and advocating for your rights.

If you’ve experienced a slip and fall injury, proving negligence is key to getting the compensation you deserve. Understanding the elements of negligence, gathering the right evidence, and working with an experienced attorney are all essential steps in building a strong case.

Contact Losi & Gangi today for a consultation. We’ll help you navigate your case with the expertise and dedication you need to secure a positive outcome.


Holiday Safety: Preventing Accidents and Injuries

By News

The holiday season is a time of joy, celebration, and togetherness. However, with all the festivities come certain risks. Whether you’re decorating your home, preparing festive meals, or hitting the road to visit loved ones, safety should always be a top priority. At Losi & Gangi, we care about your well-being and want to help you stay safe throughout the holiday season.

1. Safe Decorating Practices: Decorating your home is one of the highlights of the holiday season, but it’s important to do so safely.

  • Use Proper Equipment: Use a sturdy step ladder when hanging decorations. Avoid using chairs or unstable surfaces that can lead to falls.
  • Check for Damage: Inspect holiday lights and electrical decorations for frayed wires or broken sockets before use. Replace any damaged items.
  • Secure Decorations: Ensure all decorations are securely attached and out of reach of pets and small children to prevent accidents and choking hazards.

2. Cooking and Baking Safely: Holiday meals are a centerpiece of celebrations, but the kitchen can be a high-risk area if not handled properly.

  • Stay Attentive: Never leave cooking unattended. Keep an eye on pots and pans to avoid fires.
  • Handle Hot Items Carefully: Use oven mitts or potholders when handling hot dishes. Avoid placing hot cookware directly on countertops.

3. Driving Safety: Many people travel during the holidays, making road safety crucial.

  • Prepare Your Vehicle: Ensure your car is in good working condition, with proper tire pressure and sufficient antifreeze. Check your brakes, lights, and wipers.
  • Avoid Distractions: Stay focused on driving and avoid using your phone or other distractions. Keep a safe distance from other vehicles.
  • Drive Responsibly: Adhere to speed limits and adjust your driving to weather conditions. If you plan to drink, arrange for a designated driver or use a ride-sharing service.

4. Home Safety Tips: Maintaining a safe environment at home can prevent accidents and injuries.

  • Keep Walkways Clear: Ensure that walkways and driveways are clear of ice, snow, and other obstructions to prevent slips and falls.
  • Fire Safety: Install and maintain smoke alarms in your home. Keep a fire extinguisher accessible and know how to use it.

The holiday season is a wonderful time to create lasting memories with family and friends. By following these safety tips, you can help prevent accidents and injuries, allowing you to fully enjoy the festivities. At Losi & Gangi, we wish you a safe and happy holiday season. If you have any questions or need further assistance, don’t hesitate to reach out to us.

Understanding Product Liability: Your Rights as a Consumer

By News

At Losi & Gangi, we believe that every consumer should be informed about their rights, especially when it comes to product safety. Product liability is a crucial area of law that ensures consumers are protected from harm caused by defective or dangerous products. Here’s what you need to know about product liability and your rights as a consumer.

What is Product Liability?

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have for producing or selling products that are defective or pose a danger to consumers. If a product is flawed and causes injury or damage, those responsible for the product can be held liable. This area of law is designed to protect consumers from harm and ensure that they can seek compensation for their losses.

Types of Product Defects

Product liability cases typically fall into three categories:

  1. Design Defects: These occur when a product is inherently dangerous due to its design. Even if the product is manufactured correctly, a flawed design can make it unsafe. For example, a car with a design flaw in its brakes might pose a risk to drivers.
  2. Manufacturing Defects: These defects arise during the production process. A product might be designed safely but become dangerous due to errors or negligence in manufacturing. An example is a batch of medications where one bottle contains a harmful substance due to a mistake in the production line.
  3. Marketing Defects: Also known as “failure to warn,” these occur when a product lacks proper instructions or warnings about its safe use. For instance, a household cleaner that doesn’t include adequate safety warnings about its potential hazards could lead to injuries.

Your Rights as a Consumer

As a consumer, you have several important rights when it comes to product liability:

  1. Right to Safe Products: You have the right to expect that the products you purchase are safe for their intended use. Manufacturers and sellers are legally required to ensure their products do not pose unreasonable risks.
  2. Right to Compensation: If a defective product causes injury or damage, you have the right to seek compensation. This can cover medical expenses, repair or replacement costs, lost wages, and pain and suffering.
  3. Right to Information: You should receive clear and accurate information about the products you buy, including proper usage instructions and safety warnings. If a product lacks necessary warnings or instructions, it may be considered defective.
  4. Right to Take Legal Action: If you are harmed by a defective product, you have the right to pursue legal action against the responsible parties. This can involve filing a claim or lawsuit to hold manufacturers, distributors, or retailers accountable.

Steps to Take If You’re Affected

  1. Document the Issue: Keep detailed records of the product, including receipts, packaging, and any evidence of the defect or injury. This information will be crucial for any legal claims.
  2. Seek Medical Attention: If you’re injured, get medical help immediately and keep records of your treatment and expenses.
  3. Report the Problem: Inform the manufacturer or seller about the defect. They may offer a refund or replacement, but this doesn’t replace the right to seek legal action if necessary.
  4. Consult an Attorney: If you believe you have a product liability claim, consult with an attorney who specializes in this area. They can help you understand your rights and guide you through the legal process.

Understanding your rights in product liability cases is essential for protecting yourself as a consumer. At Losi & Gangi, we are dedicated to providing you with the knowledge and support you need. If you have any questions about product liability or need legal assistance, don’t hesitate to reach out to us. We’re here to help ensure that your rights are upheld and that you receive the justice you deserve.

For more information or to schedule a consultation, contact us today! 716.854.1446.

Navigating the Workers’ Compensation Appeal Process: Your Guide to Understanding and Overcoming Denials

By News, Workers Compensation

Navigating the complex landscape of workers’ compensation claims can be daunting, especially when faced with a denial. At Losi & Gangi, we’re here to guide you through the appeal process step-by-step, ensuring your rights are protected and advocating for the benefits you deserve.

Understanding the Denial

When your workers’ compensation claim is denied, it’s crucial to understand the reasons behind the decision. Common reasons for denial include insufficient medical evidence, missed deadlines, or disputes over the cause of the injury. Our experienced attorneys will thoroughly review your case to pinpoint the grounds for denial and develop a strategic plan for your appeal.

Initiating the Appeal

The appeal process begins with filing a formal appeal with the appropriate workers’ compensation board or commission. This involves submitting a detailed appeal letter outlining the reasons for disagreement with the denial and providing supporting documentation. Our team will ensure all necessary paperwork is completed accurately and within the designated time frame to avoid further delays.

Gathering Evidence and Documentation

Central to a successful appeal is compelling evidence to support your claim. This may include medical records, witness statements, expert opinions, and any additional documentation relevant to your case. Our attorneys work diligently to gather and present this evidence in a clear and persuasive manner, strengthening your appeal.

Preparing for Hearings and Mediations

In some cases, appeals may involve hearings or mediations where your case will be reviewed by a judge or mediator. Losi & Gangi will prepare you thoroughly for these proceedings, ensuring you understand your rights and responsibilities. We advocate vigorously on your behalf, presenting your case with confidence and expertise.

Advocating for Your Rights

Throughout the appeal process, our priority is advocating for your rights and ensuring you receive fair treatment under the law. We leverage our extensive experience in workers’ compensation law to challenge denials and pursue the benefits you rightfully deserve.

Why Choose Losi & Gangi?

At Losi & Gangi, we have a proven track record of success in handling workers’ compensation appeals. Our dedicated team of attorneys is committed to providing compassionate and effective legal representation, guiding you through every step of the appeal process with personalized attention and care.

Contact Us Today

If your workers’ compensation claim has been denied, don’t wait to seek legal guidance. Contact Losi & Gangi today to schedule a consultation and learn how we can help you navigate the appeal process effectively.

Navigating Legal Waters: Key Considerations for Slip and Fall Accidents

By News, Personal Injury

Slip and fall accidents are more than just an inconvenience; they can lead to serious injuries and legal complexities. Whether you’re a property owner, a victim, or simply interested in understanding your rights, it’s crucial to grasp the legal framework surrounding these incidents. Here’s a comprehensive guide to navigating the legal considerations for slip and fall accidents.

Understanding Liability:

Determining liability in slip and fall cases often hinges on proving negligence. Property owners have a duty to maintain safe conditions for visitors. Factors considered include:

  • Ownership and Control: Who owns or manages the property where the accident occurred? This determines the party responsible for upkeep and safety.
  • Negligence: Did the property owner or occupier fail to take reasonable steps to prevent the accident? This might involve inadequate maintenance, failure to warn of hazards, or disregarding safety regulations.

Key Legal Concepts:

  • Comparative Negligence: In some jurisdictions, if the victim is partially responsible for the accident (e.g., not paying attention to obvious dangers), their compensation may be reduced proportionally.
  • Statute of Limitations: There’s a limited timeframe within which a victim can file a lawsuit after the accident. It varies by jurisdiction, typically ranging from one to six years.

Documenting the Incident:

  • Medical Records: Promptly seeking medical attention is crucial for both health and legal purposes. Detailed records of injuries sustained due to the fall strengthen your case.
  • Witness Statements and Evidence: Statements from witnesses and physical evidence (e.g., photographs of the hazard) can substantiate your claim.

Steps to Take:

  • Report the Incident: Inform the property owner or manager immediately. Request a written report and keep a copy for your records.
  • Consult Legal Counsel: A personal injury attorney specializing in slip and fall accidents can provide invaluable guidance. They’ll assess your case, negotiate on your behalf, and represent you in court if necessary.

Prevention and Awareness:

For property owners and managers:

  • Regular Inspections: Implement routine inspections and maintenance to identify and address hazards promptly.
  • Clear Communication: Display warning signs for potential hazards like wet floors or uneven surfaces.

Navigating the aftermath of a slip and fall accident involves understanding legal nuances, gathering evidence, and possibly seeking legal representation. Whether you’re a victim or a property owner, awareness of your rights and responsibilities is essential.

At Losi & Gangi, we understand the complexities of slip and fall cases. Our experienced team is dedicated to helping you navigate the legal process and secure fair compensation. Contact us today to learn more about your options and how we can assist you.

Remember, being informed and proactive can make a significant difference in the outcome of such incidents. Stay safe and informed!

Understanding the Benefits of Workers’ Compensation for Work-Related Injuries

By News

Work-related injuries can have a significant impact on individuals, both physically and financially. Whether it’s a slip and fall accident, repetitive strain injury, or a more severe incident, employees deserve compensation for injuries sustained on the job. Understanding the benefits available through workers’ compensation can help injured workers navigate the process and receive the support they need.

At Losi & Gangi, we are committed to advocating for injured workers and helping them secure the compensation they deserve. In this blog post, we will explore the benefits that claimants can expect to receive following a work-related injury.

  • Medical Treatment Coverage: One of the primary benefits of workers’ compensation is coverage for medical treatment related to the injury. This includes doctor’s visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary medical expenses. Injured workers can receive the care they need without worrying about the financial burden.
  • Lost Wages Compensation: In addition to medical treatment, workers’ compensation provides compensation for lost wages during the recovery period. If the injury prevents the employee from working temporarily or permanently, they may be eligible to receive a portion of their wages to help cover living expenses and support their families.
  • Vocational Rehabilitation Services: For workers who are unable to return to their previous job due to the injury, workers’ compensation may cover vocational rehabilitation services. These services help injured employees acquire new skills or training to transition into a different role or industry that accommodates their physical limitations.
  • Permanent Disability Benefits: In cases where the injury results in permanent impairment or disability, workers’ compensation provides benefits to compensate for the loss of earning capacity. The amount of compensation depends on the extent of the disability and its impact on the individual’s ability to work and earn a living.
  • Death Benefits: Tragically, some work-related injuries result in fatalities. In such cases, workers’ compensation provides death benefits to the surviving dependents of the deceased worker. These benefits may include compensation for funeral expenses and ongoing financial support for the deceased employee’s spouse, children, or other dependents.
  • Legal Assistance and Advocacy: Navigating the workers’ compensation process can be complex, especially when dealing with insurance companies and legal requirements. Working with an experienced attorney, such as those at Losi & Gangi, can help injured workers understand their rights, gather necessary documentation, and navigate the appeals process if their claim is denied.

Workers’ compensation provides crucial benefits to employees who suffer work-related injuries. From medical treatment coverage to lost wages compensation and vocational rehabilitation services, injured workers can receive the support they need to recover and move forward with their lives. If you or a loved one has been injured on the job, don’t hesitate to seek legal guidance and pursue the compensation you deserve.

Contact Losi & Gangi today for a complimentary consultation to discuss your workers’ compensation case and take the first step towards securing the benefits you are entitled to. Our dedicated team is here to advocate for your rights and help you obtain the compensation and justice you deserve.

Returning to Work After a Workplace Injury: Your Rights and Options

By News

Understanding your rights and available choices is vital when resuming work after a workplace injury. Rushing your recovery process can lead to potential re-injury. In this blog post, we will explore essential considerations when returning to work following a workplace injury.

Keep Your Employer Updated: It’s essential to maintain open communication with your employer throughout the recovery process. This includes sharing information about your progress, attending medical appointments, and providing updates on your condition. Keeping your employer informed allows them to make necessary accommodations when you do return to work.

Do Not Return Until Your Doctor Clears You: Returning to work prematurely, before your doctor has declared you fit to do so, can pose serious risks. It may lead to a re-injury or prolonged recovery. Always follow your healthcare provider’s recommendations and wait for their clearance to ensure a safe and successful return to work.

Ask for Accommodations: If your workplace injury has resulted in permanent or long-term limitations, it’s essential to request reasonable accommodations. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to employees with disabilities, including those arising from workplace injuries. Discuss potential accommodations with your employer to help you perform your job effectively.

Return-to-Work Programs: Many employers have established return-to-work (RTW) or stay-at-work (SAW) programs to support injured employees during their transition back to the workplace. These programs are designed to facilitate a smooth and safe return. Contact your Human Resources department to learn more about the specific RTW or SAW policies and programs available at your workplace. 

If you’ve experienced a workplace injury and are concerned about your rights during the return-to-work process, it’s crucial to seek legal guidance and support. Losi & Gangi is here to help. We are committed to ensuring that you receive the compensation and accommodations you are entitled to.

For a free consultation and to learn more about your rights, please contact Losi & Gangi at 716-854-01446. Our experienced team is ready to assist you in navigating the complexities of workers’ compensation and advocating for your best interests. Your well-being and legal rights matter to us, and we’re here to guide you through the process.

Source: https://www.wcb.ny.gov/returntowork/injured-worker.jsp

Patrick J. Brown Honored by United States District Court, Western District of New York

By News

Buffalo, New York – Patrick J. Brown, an attorney with Buffalo-based workers compensation and personal injury law firm Losi & Gangi Attorneys, has been honored by the United States District Court, Western District of New York. Brown received the 2022 Criminal Justice Act Award at the 2022 Western District of New York Federal Court Dinner held on September 14th.

The Criminal Justice Act (CJA) was enacted in 1964, establishing a comprehensive system for appointing and compensating legal representation for accused persons who are financially unable to retain counsel in federal criminal proceedings. The CJA Award recognizes an attorney who epitomize the principles of the Sixth Amendment through their commitment to justice and promotion of the ideal that every person accused of a crime is guaranteed the right to representation by counsel.

Mr. Brown received the CJA award for his work in this area. Brown has been practicing law since the date of his admission to the bar in 1977. A litigator who limits his practice to the area of serious personal injury, white collar criminal defense and commercial litigation, he was admitted to practice in the United States District Court for the Western District of New York and all of the trial courts in New York State. He has litigated seven-figure personal injury cases through verdict and has tried a number of high-profile criminal cases, including cases involving police corruption and misfeasance by licensed professionals. He was also a member of the defense team for the so-called Lackawanna Six, and one of the first prosecutors in the country under the Patriot Act. Mr. Brown has also argued many appeals in both New York State and federal appellate courts.

Mr. Brown is a member of a number of professional organizations including the New York State Bar Association, Erie County Bar Association, where he was a director. He is also a member of the Western New York Trial Lawyers Association, where he was also a director. He is a Million Dollar Advocates Forum® and Multi-Million Dollar Advocates Forum® Life Member.

About Losi & Gangi Attorney
Founded more than 20 years ago, Losi & Gangi Attorneys represents injured workers in the practice areas of workers compensation and personal injury. The firm has been recognized as one of the top law firms in Western New York by Buffalo Business First. In addition to partners Jeff Gangi, Harry Modeas, and Phil Scaffidi, the firm includes 10 associate attorneys and 10 employees in support roles. In 2021, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients throughout Western New York.

Phil Scaffidi Named Partner at Losi & Gangi Attorneys

By News

Losi & Gangi Attorneys, a Buffalo-based workers compensation and personal injury law firm has named Phil Scaffidi as a partner at the firm.  The announcement was made by Jeffrey Gangi, managing partner for Losi & Gangi. “Phil has been representing injured workers for more than 25 years and has been an important member of our team.” commented Gangi. “We are excited to welcome him to a leadership role with the firm”

Scaffidi graduated with honors from Tulane Law School in New Orleans, LA, and returned to his hometown of Buffalo, New York to begin his law practice. He began his legal career handling insurance defense work before the Workers’ Compensation Board, but quickly discovered he preferred representing injured workers. “It was obvious to me from the very beginning that it was the injured workers who really needed good representation in this system.” commented Scaffidi.

Scaffidi joined Losi & Gangi in 2016 as an associate attorney. He previously served as the Chair of the Workers’ Compensation Committee of the Bar Association of Erie County and remains an active member in that association as well as the New York State Bar Association and the Injured Workers Bar Association.

Mr. Scaffidi has been recognized for his work in Workers’ Compensation by Business First/Buffalo Law Journal’s “Who’s Who in Law” and was the recipient of the 2016 “Attorney Excellence Award” from the Center for Elder Law and Justice.
About Losi & Gangi Attorney

Founded more than 20 years ago, Losi & Gangi Attorneys represents injured workers in the practice areas of workers compensation and personal injury. The firm has been recognized as one of the top law firms in Western New York by Buffalo Business First. In addition to partners Jeff Gangi, Harry Modeas, and Phil Scaffidi, the firm includes 10 associate attorneys and 10 employees in support roles. In 2021, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients throughout Western New York.