5 Slip and Fall Lawsuit Myths

From slick store floors to icy sidewalks, slip and fall accidents account for an enormous number of personal injury lawsuits. So many, in fact, that you probably know someone (or know someone who knows someone) who has considered filing a slip and fall claim. And with so many stories out there, separating the truth from so many tall tales can be a challenge.

Have no fear -- we're here to help. Here are five common myths about slip and fall lawsuits, and the facts behind the fiction.

1. You Don't Have a Case

Accidents happen, right? If you want to avoid all risk, you have to just stay on your couch, correct? It's really nobody's fault. Don't let any of these arguments deter you. If you slipped, fell, and were injured on someone else's property, and the owner was negligent in maintaining the safety of the property, you may have a legitimate slip and fall claim.

2. There Was a Sign, So You Can't Sue

Yes, you can still sue if there was a warning sign. And yes, it may be more difficult to prove the owner's negligence if there was a sign. But the mere presence of a sign does not, by itself, bar you from suing for slip and fall injuries.

3. You Can Only Sue for Physical Injuries

Some slip and fall injuries can be minor -- a sprained ankle or bruised wrist. But some can be so serious as to cause not just physical harm, but psychological and social harm as well. Medical care and missed work are one thing, but the "inability to enjoy the day-to-day pleasures of life as a married couple, and temporary loss of sexual relations, significantly disrupted their common interests and social lives" is quite another, and you may be able to recover for suffering after a slip and fall.

4. The Defense Has All the Evidence

You may think that you need to leave any evidence of your slip and fall at the location where it happened, but that might not be the case. There is physical evidence you'll want to keep to bolster your claim, some of which may belong to you.

5. You Don't Have to Sue Right Away

While this one is technically true, there are time limits to injury lawsuits. State statute of limitations laws generally start the "clock" on your claim when the injury occurs, and many only allow two years to file an injury claim.

These and other personal injury laws can vary depending on where you live, so if you're considering a slip and fall lawsuit, you should contact an experienced local attorney to discuss your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Do Lawyers Really Chase Ambulances? (FindLaw's Injured)
• Myths and Realities of Injury Lawsuits (FindLaw's Injured)
• 5 Car Accident Myths (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/5-slip-and-fall-lawsuit-myths.html

Are Infant Anti-Gas Drops Causing Hospital Infections?

Gassy babies are unhappy babies. Hence the need for simethicone, the main ingredient in many infant anti-gas medications you could buy at a grocery store and pharmacy. But it turns out simethicone has a few other uses as well, like reducing bubbles inside the body that can impede visibility during colonoscopies and other procedures. So doctors started injected liquid drops of simethicone into gastrointestinal scopes during procedures.

The problem with that tactic, however, is that simethicone may not be easy to clean from the scopes, leading to infection outbreaks.

Simethicone on the Scope

Researchers in Minnesota examined colonoscopes and gastroscopes after they had been cleaned, disinfected, and were supposedly ready for use on the next patient. What they found on several of the scopes was a cloudy, white fluid contained simethicone. While simethicone can make infant gas-relief drops more palatable for babies, researchers also say it "could provide the perfect habitat for the growth of bacteria" inside scopes.

"Finding residual fluid in scopes that should be dry would be troubling alone," said Cori Ofstead, the study's lead author. "The finding of fluid containing simethicone suggests we have more serious problems. It could explain why we are having more trouble getting these scopes clean." While no specific infections have been linked to simethicone drops yet, the study suggests that their use could heighten the risk of contamination.

Health on the Line

And contaminated scopes can be incredibly dangerous. Certain scopes have been linked to 25 superbug outbreaks, infecting over 100 patients and killing at least three. These duodenoscopes are hard to clean as it is, without the addition of extra drops containing simethicone and silicone, and, according to Philly.com, scope manufacturers Pentax Medical and Fujifilm have warned health-care providers against injecting drops into the scopes because residue can impede cleaning.

Health care providers and medical device manufacturers can be held liable for injuries caused by device mishandling, misuse, or defective devices. And if you've been infected following a procedure with an unsterilized or defective scope, you may be entitled to compensation. You should contact an experienced personal injury attorney to discuss your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Infant anti-gas medication linked to spread of hospital infections (PBS)
• Superbug Injury Risk From Olympus Medical Scopes (Injured)
• Top 3 Medical Device Lawsuits You Need to Know About (Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/are-infant-anti-gas-drops-causing-hospital-infections.html

Equestrian Injury: When to Sue for a Horse Riding Injury

Millions of equestrian enthusiasts ride horses every day without incident. But, as with any athletic pursuit involving large animals, it can be dangerous. Just ask Jenna Tatoulian, who was thrown from a horse while training in 2014, suffering multiple fractures in her pelvis and tailbone. Tatoulian is now suing the riding club, claiming that it was the club's water truck backfiring that spooked her horse.

Here's a closer look at Tatoulian's lawsuit, and others based on horse riding injuries.

Paddock Injuries

Tatoulian filed her lawsuit in Los Angeles Superior Court against the Paddock Riding Club, her trainer, Brenda Chalk, and club employee Javier Del Angel, who was driving a water truck belonging to the club when it backfired. Tatoulian claims the horse became frightened at the sound and broke into a gallop, throwing her to the ground.

Along with negligence claims against the club and its employees, alleging employees knew that sudden noises could scare a horse and cause it to gallop, Tatoulian is also claiming the club was negligent in employing Del Angel, saying he was unfit for his job and should not have been hired.

Parx Injuries

Tatoulian's lawsuit is not unlike that of a jockey's family in Pennsylvania. Mario Calderon suffered broken ribs and a bleed on his brain after being dragged and repeatedly kicked by the horse he was exercising at the Parx Casino & Racetrack. Calderon ultimately died from his injuries and his family filed a wrongful death suit against the track.

In Calderon's case, it was chickens that were allowed to roam on the track that spooked his horse, and Parx knew the chickens were an issue beforehand -- Calderon himself had been injured previously when a chicken scared his horse. Calderon's family was awarded $7.8 million in the lawsuit, much of it punitive damages against the track.

Whether Tatoulian can prove the Paddock Riding Club had the same kind of knowledge that the backfiring water truck had scared horses before remains to be seen. But if you've been injured while riding, your best source for advice is an experienced personal injury attorney. Contact one in your area today -- most are willing to provide a free consultation on your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Polo Horse Deaths Raise Issue of Lawsuits Over Harm to Animals (FindLaw's Injured)
• Horse-Riding Helmet Law Signed by Florida Governor (FindLaw's Injured)
• Does the Type of Animal Affect a Bite Injury Case? (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/08/equestrian-injury-when-to-sue-for-a-horse-riding-injury.html

Man Sues Seattle Over May Day Protest Injuries

Seattle has become known for its anti-capitalist protests over the last decade, and many were predicting that the 2016 May Day protests could turn ugly. Organizers even warned participants on Facebook to “be prepared for violent police repression (pepper spray, flash bang grenades, tear gas, beatings, arrests, etc.).” They were right about the flash bang grenades — one exploded near a man filming the protest, sending shrapnel through his face and opening up a gash on his cheek.

Now the man is suing the City of Seattle and members of the Seattle Police Department over his injuries. Here’s a look at the case.

Having a Blast Ball

According to Sam Levine, he was shooting video of the May Day protests for his blog, when what’s known as a “blast ball” exploded next to him:

“I looked down and I didn’t even have time to process it. I just saw it and then it went off. I was blinded. I went down. I couldn’t feel the left half of my face,” Levine said. “I did not expect that I would be lying on the ground from a grenade in my own pool of blood. And that’s hard to deal with.”

Video that Levine posted on Twitter seems to confirm that account. In it you can see a projectile come Levine’s way, begin to spark, and explode right next to him, and then you can hear loud calls for a medic:

I found the video I was recording when I was hit with a blast ball at #SeaMayDay pic.twitter.com/0j8JMQa7NV

— Sam (((Levine))) (@samlevine) May 2, 2016

Levine also posted post-surgery photos after an inch of rubber was removed from his cheek.

Protest Liability

While it seems clear that Levine was injured by police action, suing the police is a complicated matter. Most officers are granted qualified immunity from civil lawsuits for performing official duties, and in most cases you must prove their conduct intentionally violated your rights and they were not acting in good faith.

And there are also procedural rules when you’ve been injured by police: in most jurisdictions you must file an injury claim with the government entity first, before you can file a lawsuit in court. Even with these legal hurdles, some claims against the police for protest injuries have been successful. For example, an Iraq vet whose skull was fractured by a beanbag round fired by police during Occupy protests in Oakland in 2014 received $4.5 million in a settlement with the city.

If you’ve been injured by police, whether during protests, an arrest, or otherwise, you should contact an experienced personal injury attorney today. Most are willing to provide a free consultation regarding your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Seattle Blogger Sues City of Seattle Over May Day ‘Blast Ball’ Injury to Face (Q13 Fox News)
• UC Davis Pepper Spray Victims May Sue Police (FindLaw’s Injured)
• Police Brutality Lawsuits and Section 1983 (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/man-sues-seattle-over-may-day-protest-injuries.html

Who's Liable for Gunshot Injuries? When Can You Sue?

Guns can do a lot of damage. Whether unintentional or intentional, gunshot wounds can be catastrophic. And while the criminal justice system can punish some people for purposefully or recklessly shooting another person, that may not cover accidental shootings and may not cover the true cost of gunshot injuries.

In order to hold someone responsible for a shooting, you may need to turn to a civil lawsuit, but against whom? And what are the legal theories for liability in gunshot injury cases?

The Gun User

Obviously, if someone shoots you on purpose, that is a crime. (Unless they were firing in self-defense, or the shooting was otherwise justified.) And prosecutors will generally order a criminal defendant to pay restitution for any damages or injuries to a victim. If not, or if the person who shot you refuses to pay, you could file a civil lawsuit for battery.

Gunshot victims are more likely to sue shooters in inadvertent shootings like hunting accidents. You may claim that the person was negligent in either handling, aiming, or firing a gun, and that negligence caused your injuries. Or the person may have acted recklessly, by drinking before the hunting trip or firing a gun into the air. Either can be the basis for a civil lawsuit.

The Gun Maker

Lawsuits against firearms manufacturers, pardon the pun, can be hit or miss. Gun makers can be held liable for defective products if the firearm malfunctions, but liability for accidental and intentional shootings can get a little trickier. This is especially true given the passage of the Protection of Lawful Commerce in Arms Act in 2005, which limits the legal liability for gun manufacturers over illegal acts committed by their customers.

While the Act makes it harder to sue gun companies when their products cause injury, it’s not impossible. Gun manufacturers and dealers who negligently or purposefully allow guns to get into the wrong hands — by filing false paperwork, or knowingly sell to felons and others who should not have weapons — can still be held liable for any resulting injuries caused by those guns.

If you’ve been injured by a gun, whether intentionally or accidentally, you should contact an experienced personal injury attorney in your area. Many are happy to provide a free consultation on your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Can Bushmaster Be Sued Over CT School Shooting? (FindLaw’s Injured)
• NY Man Sues Gun Manufacturer for Getting Shot (FindLaw’s Injured)
• Hunter Shot, Mistaken for Turkey, Wins $4M (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/whos-liable-for-gunshot-injuries-when-can-you-sue.html

Parents Sue Crocs Over Child's Escalator Injury

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

Croc Danger

According to the lawsuit, Crocs was aware that children had suffered severe injuries when their rubbery, oblong shoes got trapped in small spaces on escalators as far back as 2008. There are worldwide reports of the shoes getting caught in the “teeth” at the bottom or top of the escalator or the crack between the steps and the side of the escalator, and almost all of the serious injuries have involved young children.

The lawsuit claims the boy was holding his mother’s hand while they rode the escalator, and the machine severed tendons and muscles and broke bones when it trapped his foot in the space between a step and the sidewall of the escalator. “In essence, his foot was completely crushed and destroyed,” said Leslie Chaggaris, one of the family’s lawyers.

“Eventually a bystander was able to activate an emergency stop button, but not until (the boy) had traveled almost the entire distance between floors while his foot was painfully trapped in the moving escalator,” the suit alleges. The boy spent two days at a Honolulu hospital after emergency surgery and received additional surgeries at home in Texas.

Escalator Risk

The parents have also named the Hilton resort in the lawsuit, claiming the hotel negligently maintained the escalator’s safety. Under premises liability, property owners are responsible for ensuring things like escalators are working properly. And because they’re designed to transport people, some courts have upheld a high standard of safety for owners and operators of escalators.

If you’ve been injured on an escalator, or due to a poorly designed product, you should contact an experienced personal injury attorney in your area. Many are happy to offer a free consultation.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• CROCS: Weird Looking But Not Necessarily Dangerous, Says 1st Cir. (FindLaw’s U.S. First Circuit Blog)
• Crocs Founder George Boedecker Blames DUI on Taylor Swift (FindLaw’s Celebrity Justice)
• Escalator Injuries: Who is Liable? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/parents-sue-crocs-over-childs-escalator-injury.html

When to Sue for Loss or Damages From Wildfire

Wildfires are currently burning over 40,000 acres in California, and that’s just from three current fires in southern and central parts of the state. The Clayton fire in Clear Lake and the Chimney Fire in San Luis Obispo County have also claimed 220 structures, many of them homes.

Some insurance policies cover natural disasters, but many do not. And not every insurance settlement covers the cost of losing a home or other damage. So what happens if you suffer loss or damages from a wildfire? Can you sue?

Insurance First

Most homeowners’ insurance generally covers fires, but that may only apply to accidental house fires. Wildfires might be a whole other ballgame as far as your insurance carrier is concerned, especially if you live in certain areas of California or other regions prone to wildfires. Additionally, the destruction that a wildfire can cause is much greater than your typical house fire, and can claim trees, vehicles, and other structures on your property. Therefore standard insurance may not provide enough coverage to allow you to replace everything you lose in a wildfire.

So check your insurance policy, even before a wildfire threatens your property. You’ll need to know what’s covered before you know what action to take. If you think wildfire damage is covered under your policy and the insurance company refuses to reimburse you or their payment is inadequate to cover the damage, you may have a legal claim against your insurer.

Suits Second

If a fire was started by human causes — whether by an individual or a business, on purpose or accidentally — you may be able to sue whomever started the blaze. Obviously arson is a crime, and you may be able to use a criminal prosecution as the basis for a civil claim for restitution. And negligence claims are the most common civil suit.

The best source for wildfire liability is an experienced attorney. Contact one today regarding your claim — most are happy to review your case for free.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Does Homeowner’s Insurance Cover Natural Disasters? (FindLaw’s Learn About the Law)
• Insurance Claims: What To Do After A Fire (FindLaw’s Law and Daily Life)
• Cause a Forest Fire, Go to Jail (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2016/08/when-to-sue-for-loss-or-damages-from-wildfire.html

Essure Birth Control Lawsuits: More to Come?

As we’ve learned recently, Essure birth control implants may not be safe. The permanent coil has been known to fail, cause infection, and even lead to serious hemorrhaging. Some women injured by Essure implants have filed lawsuits against the manufacturer, Bayer, and a recent California court ruling may pave the way for many, many more.

Judge Winifred Y. Smith of the Alameda County Superior Court held that Bayer could be liable for Essure injuries, despite federal regulation of the industry. And the green light given to these 11 cases in California could mean hundreds, if not thousands will follow.

FDA and Essure

There are some 200 lawsuits filed against Bayer in California alone. And the company was trying to get these claims dismissed, arguing that because the FDA approved the Essure implant Bayer should not be held liable for injuries resulting from its use. Actually, the FDA recently issued a “black box warning” on Essure implants, its most serious warning available, saying “some women may be at risk for serious complications” and “[m]ore rigorous research is needed to better understand if certain women are at heightened risk of complications.”

Those complications can include cramping, vaginal bleeding, dizziness, and pelvic or back discomfort immediately after Essure placement, as well as pelvic pain, perforation of the uterus or fallopian tubes, and migration of Essure inserts through the fallopian tubes or uterus into the lower abdomen and pelvis. And, in some cases, Essure implants have failed, resulting in unwanted pregnancies.

Courts and Bayer

Judge Smith was unsympathetic to Bayer’s arguments, and allowed the consolidated cases in her court to proceed. As attorney Fidelma Fitzpatrick told Modern Healthcare, “It’s a court telling Bayer and other similar manufacturers that they don’t have immunity. They don’t have the ability to go out and injure without consequence.”

This means that those other California lawsuits are likely to proceed as well, and plaintiffs in other states may use the ruling to bolster their arguments regarding Bayer’s liability for Essure injuries. If you’ve been injured by or suffered adverse side effects from an Essure birth control implant, you should contact an experienced personal injury attorney. Most are happy to review your case for free.

Related Resources:

• Injured by an Essure Birth Control Implant? Get your claim reviewed by an attorney for free. (Consumer Injury)
• New Lawsuits: Can NuvaRing Cause Deadly Blood Clots? (FindLaw’s Injured)
• Pfizer to Face Defective Birth Control Lawsuits? (FindLaw’s Injured)
• Defective Products and Products Liability (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/essure-birth-control-lawsuits-more-to-come.html

Have Your Medical Records Been Hacked? Probably.

Our medical data is some of the most personal information that we entrust to third parties. Our medical records are sacred and their privacy is paramount. Which is why we have federal laws protecting the privacy of our medical records and requiring hospitals, clinics, and other health care providers to report hacked, lost, or otherwise exposed medical records. And those reports aren't good.

Since 2009, the U.S. Department of Health and Human Services has identified 1,634 breaches of patient medical information, and those are just the cases affecting 500 or more individuals. There could be thousands more medical data breaches (intentional and unintentional), possibly affecting your personal medical information.

Health Care Hackers

Malicious hackers exposed nearly 100 million medical records in 2015 alone. Health insurers BlueCross BlueShield and Anthem were both hacked, exposing the personal information of 21 and 78 million people, respectively. While the hack was probably targeting social security numbers, addresses, and phone numbers for identity theft purposes, the fact that the information was stored alongside personal medical records had many fearing that even more sensitive data could've been accessed.

Unintentional Uncovering

As bad as hackers can be, there were twice as many medical information breaches attributable to theft, loss, or incompetence. As reported by Vocativ, these incidents included everything from cleaning crews accidentally throwing binders of testing information to clinics donating filing cabinets to charity without first removing "laptops that contained the names, social security numbers, and Medicare numbers of about 12,000 customers." In one case, a hospital employee misplaced a laptop containing the medical records of some 5,840 patients. The best investigators could do was guess that the employee left it on the fender of his car and drove away.

Helpful HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the confidentiality of your medical records and establishes federal rules that medical care providers must follow to protect the security of your medical information. If you suspect your medical privacy has been compromised, you can file a complaint with the Department of Health and Human Services, and you may also want to consult an experienced health care attorney about your legal options.

Related Resources:

• Find Health Care Lawyers Near You (FindLaw's Lawyer Directory)
• What Can I Do After an Improper Disclosure of Medical Records? (FindLaw's Learn About the Law)
• Who Has Access to Your Medical Records After You Die? (FindLaw's Injured)
• Hospital Sued Over Patient Records Posted on Facebook (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/have-your-medical-records-been-hacked-probably.html

Physical Evidence to Keep for a Slip and Fall Case

Slip and falls send one million of us to the hospital emergency room every year, are the leading cause of workers' compensation claims, and account for half of all accidental deaths in the home. And while many of us may be quick to blame ourselves and our clumsiness for a fall, the cause may have been a dangerous condition with the floor or surface we were walking on.

In order to recover for injuries based on someone else's negligence in constructing or maintaining a safe walking environment, you may need to prove the dangerous condition in court. How? By preserving as much physical evidence from the scene as possible.

Personal Evidence

Property owners have a duty to maintain reasonably safe conditions for guests and invitees. And if the property owner or an employee caused a dangerous condition or knew (or should have known) about a dangerous condition and failed to fix it or warn you, you may be able to sue for your injuries. In order to prove fault in a slip and fall case, however, you'll need some evidence.

Some of the most important physical evidence to collect may also be the easiest -- your own clothing and shoes. If you are contending that the floor was dangerous to walk on, you may need to prove that you were wearing reasonable and responsible footwear. So it would be smart to keep your shoes and what you were wearing at the time, preferably in the same condition.

Scene of the Slip

You'll also want to document the scene of the fall as much as possible. If you can, keep the cause of your fall, like liquid on the floor, loose items, or foreign debris. If you're unable to take these items with you, take extensive photos or video of the scene and surrounding areas.

Physical evidence is only one small piece of a successful slip and fall claim. Let an experienced personal injury attorney build the rest of your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)
• How to Collect Video Evidence for Your Injury Case (FindLaw's Injured)
• After Slip-and-Fall Injury, 1st Steps Are Vital (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/physical-evidence-to-keep-for-a-slip-and-fall-case.html

Playground Concussions Are on the Rise

By now most parents have heard about the danger of concussions in sports like football and hockey. But parents trying to keep their children safe from head injuries need to be concerned with more than contact sports. A new Centers for Disease Control and Prevention study found around 21,000 kids aged 14 and younger suffer traumatic brain injuries including concussions on playgrounds every year.

The study also found that the rate of concussions was rising among children, from 23 out of 100,000 in 2005 to 48 out of 100,000 in 2013. While the CDC isn’t sure what’s causing the rise in traumatic brain injuries, it is recommending “improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments.”

Safety First

The two pieces of playground equipment most commonly associated with concussions were swing sets and the monkey bars. Considering that even properly constructed playground equipment can be dangerous, poorly designed, assembled, or maintained equipment can increase the injury risk for children.

Playground equipment manufacturers have a duty to ensure their products are safe to play on, and companies can be strictly liable if a person is injured by their product. A piece of playground equipment could be improperly designed, poorly manufactured, or lack proper warnings, leading to dangerous or deadly accidents. The CDC study recommended that playgrounds use soft ground surfaces like wood chips or sand, rather than concrete.

Location, Location, Location

Where a playground is located may also affect legal liability for injuries. If the playground is on school property or in a city park, you could have a premises liability claim against the school or municipality. But suing a government entity is can be more complicated and may require filing a notice of claim first, so that the school or city is on notice that an injury has occurred. (This gives the government entity an opportunity to accept and pay the claim before going to court.) If your claim is ignored or denied, you can then sue the entity in court.

If your child has suffered a concussion or traumatic brain injury on a playground, you should talk to an experienced personal injury attorney. Most are happy to consult with you for free.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Faulty Playground Equipment at School: Who’s Liable? (FindLaw’s Injured)
• Kids’ Sports Injuries: 1 in 10 Get Hurt (FindLaw’s Injured)
• 3 Most Common Injuries in Daycare (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/playground-concussions-are-on-the-rise.html

When to Sue for a Pedestrian Injury Accident

We're told all the time that sitting at a desk all day is bad for our health, and that getting out of the office for a stroll is essential for our well-being. But even walking can be dangerous, especially along heavily-trafficked city streets.

So can a pedestrian injured in an accident sue? And how do you figure out who's at fault?

Pedestrian v. Car

If a pedestrian is struck by a car, any legal liability will rest on whether the driver was negligent in causing the collision. You can demonstrate driver negligence by proving that he or she was speeding or disobeying traffic signals, failed to yield to pedestrians, was distracted or inattentive, or was intoxicated at the time of the accident. Generally speaking, if the driver was negligent you can be compensated for any injuries sustained in the accident.

Pedestrian v. Bike

Cars aren't the only danger to pedestrians -- as more people are biking around these days, the number of cyclist-pedestrian collisions has increased. As with motorist accidents, an injured pedestrian would need to show a cyclist was negligent in order to have a successful injury claim. For the most part, those on bicycles have to follow the same laws as those in cars, so if a cyclist was speeding through a red light, riding against traffic, or failing to pay attention, he or she could have been negligent. And while there are some instances where cyclists can ride on the sidewalk, they must still ride responsibly.

Motorist or Cyclist v. Pedestrian

Not every pedestrian accident is someone else's fault. The more we're looking down at our phones while walking, the more we can be at fault for a collision with a bike or car. There are cases when a motorist can sue a pedestrian after an accident, and courts can deal with pedestrian liability a bit differently depending on where you live. Some states have pure contributory negligence laws which make it impossible for an injured party to recover any damages if she was at all responsible for the accident. Other states try to apportion the amount a plaintiff can recover to her percentage of fault under comparative negligence laws. Knowing the difference between contributory and comparative negligence can be essential to your injury claim.

Any personal injury lawsuit can be complicated, especially those involving a pedestrian. If you've been injured as a pedestrian, you should contact an experienced personal injury attorney near you -- most are willing to consult with you about your case for free.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Top 10 Deadliest Cities for Pedestrians: Study (FindLaw's Injured)
• Do You Walk and Text? Research Shows the Dangers of Distracted Walking (FindLaw's Injured)
• 'Cash Cab' Crash Kills Vancouver Pedestrian (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/when-to-sue-for-a-pedestrian-injury-accident.html

Xarelto Litigation: 6,000 Lawsuits Consolidated

The blood thinner Xarelto, most popular among adults undergoing hip and knee replacement surgeries, can treat patients suffering from an irregular heart rhythm, hypertension, or other valvular heart conditions. And while Xarelto can prevent potentially deadly blood clots, it can also have some potentially dangerous side effects.

And now thousands of lawsuits based on those side effects are being consolidated into one case for pretrial motions. Here’s what you need to know about the latest Xarelto lawsuits.

The Loss

As with all blood thinners, or anticoagulants, Xarelto can increase the risk of internal bleeding and has also been associated with hemorrhaging in the eye. Patients taking Xarelto are more than twice as likely to experience stomach bleeding than those taking another anticoagulant, and at least one patient has died from a blood transfusion to treat Xarelto-related gastrointestinal bleeding. That patient’s husband sued the makers of Xarelto, claiming they failed to certify Xarelto was safe and failed to warn patients about the known risks of taking Xarelto.

The Liability

In certain circumstances, drug companies can be held liable for side effects. Pharmaceutical companies are required to test their products and get FDA approval before releasing them to the public. Once the drug is approved, manufacturers are then required to warn consumers of all known risks and side effects of the drug. Failure to properly design a pharmaceutical drug or warn patients about its side effects can open up a drug company for legal liability.

The Litigation

A report released by the United States Judicial Panel on Multidistrict Litigation shows 6,457 pending lawsuits regarding Xarelto, most of them filed against its manufacturer, Janssen Pharmaceuticals. Forty of these separate lawsuits have now been consolidated into one case in federal court in Louisiana, and will be tried as “bellwether” cases. Scheduled to begin in early 2017, these cases could set the tone for future Xarelto lawsuits.

Pharmaceutical lawsuits can be complicated, so if you’ve been injured by a drug or suffered serious side effects, talk to an experienced personal injury attorney about your case today — most are happy to provide a free consultation.

Related Resources:

• Injured by Xarelto? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Xarelto Update: Trials May Begin in 2017 (FindLaw’s Injured)
• Xarelto Injuries or Fatalities: Can You Sue? (FindLaw’s Injured)
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from Injured http://blogs.findlaw.com/injured/2016/08/xarelto-litigation-6000-lawsuits-consolidated.html