Customer Sues Restaurant for Mechanical Bull Riding Injury

One New York City woman has filed a lawsuit against the Midtown Manhattan restaurant Johnny Utah's after being injured by the establishment's biggest feature: a mechanical bull.

The lawsuit alleges that Jocelyn Burmeister was visibly intoxicated when restaurant employees allowed her to ride the bull. In attempting to do so, Ms. Burmeister fell and tore her ACL. Her lawsuit seeks damages related to the medical care incurred and other damages she suffered.

History of Bull Suits

Some folks might balk at this type of lawsuit, and others might be quick to comment: "I bet she signed a waiver." But this same restaurant has faced similar claims in the past, just like many other establishments with mechanical bulls, or other amusement park-like attractions. In fact, the same attorney handling Ms. Burmeister's case successfully handled one of those prior claims against Johnny Utah's.

The injuries suffered as a result of mechanical bulls and amusement park rides can vary from minor bumps and bruises to seriously debilitating injuries requiring a life-time of medical care and even death. However, not all injuries, even the most severe, will be compensable in a lawsuit. Sometimes, a liability waiver will be valid.

Can I Sign a Waiver While Drunk?

Waivers can be enforceable in many situations, even while a person is drunk, such as when a person signs one before becoming drunk. However, when a person is visibly intoxicated, it raises serious questions as to whether or not they can sign a legally binding agreement. While courts may be more willing to enforce contracts signed while drunk, liability waivers and releases may be a different matter entirely.

Generally, for a contract or agreement to be binding, the parties must have a "meeting of the minds." This basically means that the two parties have to understand what is being bargained for in the agreement. When a person is drunk, this may not be possible, and could render an agreement worthless. However, this doesn't mean your drunk online shopping binge is voidable, but it likely does mean that the midnight roller-derby probably needs to make sure everyone signs their liability waivers while sober.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Nightmare Rides: Do Parks and Carnivals Need Stricter Laws? (FindLaw's Injured)
• $3.9M Lawsuit Filed Against Bar and Driver for Hit and Run Death (FindLaw's Injured)
• I Was Over-Served at a Bar, Can I Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/customer-sues-restaurant-for-mechanical-bull-riding-injury.html

Common Examples of Medical Negligence

Medical negligence, commonly referred to as medical malpractice, can take many different forms. Depending on who caused the injury, medical negligence claims can be brought against hospitals, hospital staff, or directly against a doctor, nurse, or other healthcare professional.

However, sometimes, after a person suffers an injury in a hospital, or after a medical procedure, they may not know what kind of claim to bring. Generally, if the injury does not involve the medical care, such as a slip and fall on a wet floor in a hospital waiting room, then there will not be a medical negligence case.

To help you determine whether you have suffered an injury as a result of medical negligence, below you will find some common examples.

Medical Procedures Gone Wrong

There are some cases of medical negligence that are just jaw dropping. These tend to involve blatant errors, like amputating the wrong limb, or performing a procedure on the wrong patient. However, not all medical procedure that go wrong will be the basis of a claim. Only when a doctor or hospital fails to exercise reasonable care will a medical negligence case be actionable. Individuals should be cautioned against making this assessment alone as answering this question requires specialized legal and medical knowledge.

Prescribing the Wrong Medication

Another medical error that can be the basis of a malpractice action involves prescribing the wrong medication to a patient. This can be fatal, or have significant consequences, particularly if the patient has an allergic reaction, or an underlying condition worsens due to lack of treatment.

Failing to Diagnose the Correct Problem

If a doctor fails to diagnose a problem that another doctor in similar circumstances would have diagnosed, there may be an actionable claim. These cases can be rather difficult as many diagnoses often share multiple overlapping symptoms. This means that a misdiagnosis may have been an accident any doctor could have made, and unfortunately, that could potentially defeat a potential case.

Post Surgical Infections

Post surgical infections are a very real and very scary problem that all hospitals and doctors try to avoid. Unfortunately for patients, the source of an infection is very difficult to prove, meaning that even when they happen to be admitted patients, negligence is not automatic.

Informed Consent/Medical Battery

If a doctor or hospital staff member lies to a patient to secure their consent to perform a procedure, this can be both medical malpractice as well as medical battery. Informed consent requires doctors to accurately explain procedures, medications, and the associated risks.

If you suspect that you have been the victim of medical negligence, or medical malpractice, seek out a consultation from an experienced medical malpractice attorney as soon as possible. If you do not proceed as soon as you suspect medical negligence, your ability to bring your claim may be affected.

Related Resources:

• Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Should I Sue for Medical Malpractice? (FindLaw's Injured)
• 3 Common Medical Mistakes That Can Lead to Malpractice Lawsuits (FindLaw's Injured)
• Can You Sue a Doctor for Emotional Distress? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/common-examples-of-medical-negligence.html

Philando Castile Wrongful Death Civil Suit Wins Fast $3M Settlement

The mother of Philando Castile has settled the wrongful death case stemming from the tragic slaying of her son. The $2.995 million settlement will allow the case to get out of the media spotlight and avoid the deeper probing of a civil murder trial, assuming it gains approval of the court. It will also allow the family to move on more quickly and begin making an impact through the Philando Castile Foundation. The foundation was set up in his honor to aid victims of gun violence and police violence.

Despite the fact that the criminal justice system failed to convict the officer that fired seven rounds into Mr. Castile, quick settlements such as these tend to be viewed as a victory for victims. This is particularly true when the amounts are this large and announced publicly.

Why Settle After Winning?

While Officer Yanez was ultimately found not guilty of manslaughter in criminal court, a civil court would likely have found it much simpler to find guilt. In a civil case, the burden of proof, or the amount of evidence required to prove a case, is much lower than in a criminal case, which uses the "beyond a reasonable doubt" standard.

In a civil case, generally, a plaintiff only needs to prove that their allegations are more likely true than not true. This is called proving a case by a "preponderance of the evidence." Commonly, trial attorneys phrase this as "50.0000001 percent more likely than not true."

Senseless Violence on Video

The video of the shooting of Philando Castile went viral rather quickly. Mr. Castile appeared to have cooperated, and even notified the officer of his permitted weapon. Mr. Castile even announced his actions, as many individuals are taught to do, as a courtesy to traffic officers. However, the officer fired out of fear that Mr. Castile was reaching for his weapon.

It seems odd that a gun would be drawn during a routine traffic stop. It is even less understandable that a taser was not used instead. While a taser still seems unnecessary, at least the likelihood of survival would have been much higher. What's even more surprising was that the officer fired multiple rounds into a vehicle that had a child in the backseat. An additional case is anticipated by Mr. Castile's girlfriend who was present during the killing, but that matter is yet to be filed.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• UNR's Sigma Nu Fraternity Sued for Wrongful Death of Freshman Pledge (FindLaw's Injured)
• Police and School Sued After Interrogated Teen Commits Suicide (FindLaw's Injured)
• Do You Need to Be Married to File a Wrongful Death Claim If Your Partner Dies? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/philando-castile-wrongful-death-civil-suit-wins-fast-3m-settlement.html

Suing for Defamation: How Much Money Can You Win?

Frequently, when individuals ask what their injury cases are worth, they are surprised to learn that there is no way for an attorney to answer that question without having access to accurate fortune tellers. Since fortune telling is all a hoax (if it weren't, there'd be a lot more lottery winners), this means that really knowing what a case is worth is impossible until it's over.

Simply put, there are too many variables that go into a case's value. However, one rule of thumb that seems to hold true is that the larger the injury, the larger the award. In the context of defamation, this means that to get a big verdict, the victim must have suffered a major reputational harm, or lost significant income or revenues, as a result of the defamatory statement.

Judges and Juries Span the Gamut

When it comes to defamation injuries, a person that may not have suffered significant damages might not recover much at all. Like in petty trespassing cases, nominal damages may be appropriate. A judge or jury can award a victorious defamation plaintiff millions for really bad cases, or $1 in compensatory damages if they find that the injury was nominal. However, usually, nominal damages will not be awarded unless the plaintiff's case is incredibly petty, or punitive damages can also be awarded.

Generally, to prove financial damages in a defamation case, a person must be able to show a link between the defamatory statement and a loss of income, money, or reputation. For instance, if a real estate agent loses a client due to the defamatory statement, the agent may be able to sue the statement maker for the commission they lost. In the end, defamation awards and verdicts tend to award damages based on the amount of financial injury a person can prove, as well as the egregiousness of the defamation.

As Much As You Can Prove

When it comes down to what a case is worth, it will always depend on how much financial and non-financial damages a person can prove. Specific and actual financial losses attributed to the defamation, such as from lost clients, or reduced revenues, are more likely to be recovered as these are easier to document. Items like goodwill or reputation can be difficult to value in terms of dollars and cents. For example, if a company spent a lot of money to gain the goodwill they had before the defamation, the resulting injury could be worth more than if the company had spent nothing to gain the goodwill.

Also, in some circumstances, punitive damages will be available to victims of defamation. In these cases, the amount of damages will depend largely on the wealth of the defendant.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Is There Liability for Publishing Fake News? (FindLaw's Injured)
• The Case of Viral v. Viral: Buzzfeed Sued for Defamation (FindLaw's Injured)
• Top 5 Defamation FAQ (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/suing-for-defamation-how-much-money-can-you-win.html

What Is Discovery in a Lawsuit?

Individuals that are thinking about filing a lawsuit are often confused by the various parts of a lawsuit. One of the more confusing parts of any lawsuit is discovery, or the exchange of facts and evidence between the parties.

Discovery is the legal term used to describe the different processes that require parties in a lawsuit to exchange information that each side possesses. For example, in an employment law case, a fired employee will want to see their personnel file, and through discovery, an employer would likely be required to provide those documents.

Below, you can read about the discovery process, the various tools, and how disputes get resolved.

The Discovery Process

When a lawsuit gets filed, that is considered the formal start to court litigation. Usually, once a defendant answers the complaint, discovery can begin. Formal requests get sent from one party to the other, requesting answers to questions, specific documents, and other evidence, like video or audio recordings, medical files, bank statements, tax records, electronically stored information, and more.

Courts generally limit the period of time for parties to conduct discovery, but parties may be able to, and it is customary to do so, agree to extend deadlines. For some deadlines, court approval will be required.

Often discovery will be conducted in rounds, so that the parties may attempt to negotiate a settlement between engaging in rounds of costly discovery (and it can be very costly). As new information is learned, parties are better able to assess their relative positions, and may be more willing to bargain.

Discovery Tools

In federal cases, the Federal Rules of Civil Procedure (FRCP) provide the parameters of discovery, while cases in state courts rely on each state's own rules of civil procedure to govern the process. To facilitate the exchange of information, regardless of whether it is a federal or state case, the law generally provides for the following discovery tools, or discovery devices, as they are sometimes referred to as:

• Initial Disclosures: In federal cases, and most states, parties are required to disclose all witnesses and evidence they intend to rely on to prove their case at, or near, the start of discovery. These disclosures must often be updated prior to the end of the discovery time period.
• Depositions: These are in-person interrogations by opposing attorneys, outside of the courtroom, but still under oath and in front of a certified court reporter. Parties to a civil lawsuit can be deposed, as can any potential witnesses. Courts will impose limits as to the number of depositions allowed.
• Interrogatories: These are written questions that each party can send to the other about the case. Generally the questions must be answered truthfully, although specific legal objections can be made to the questions and thereby limit the scope of the answers provided. Courts often limit the number, and/or type, of interrogatories each party can send.
• Request for Production of Documents: Written requests for the exchange of documents and other tangible forms of evidence can be sent just like interrogatories. The answering party must usually either provide a copy of the documents or files, or provide the other side with access to inspect and copy the documents or files themselves.
• Requests for Admission: These allow a party to send a list of factual statements to the other party which the answering party must either admit or deny. Like interrogatories, a court will often limit the number of requests for admission a party can send.
• Requests for Physical Inspection: In some injury cases, as well as cases alleging damages to property, or physical items, an accused party may have the right to inspect the injury or damages. In the personal injury context, an injured party may have to submit to a defendant's medical examination. In the real estate context, a party may have to allow the other party onto the property to inspect the premises.

Discovery Disputes

When a discovery dispute arises, which you can rest assured almost always happens, the court will serve as the arbiter of the dispute if the parties cannot resolve it on their own. Disputes can arise for many reasons, but are most frequently due to either a discovery request that wasn't responded to at all due to an objection, or when a provided response is alleged to be insufficient or incomplete.

To resolve discovery disputes, the parties document their perspective on the dispute, perform legal research as to how prior courts handled similar disputes, then file written motions with the court requesting a ruling in their favor.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• How to Testify at a Deposition (FindLaw's Injured)
• What Are Interrogatories? (FindLaw's Injured)
• 3 Tips for Gathering Digital Evidence (FindLaw's Strategist)
• Legal How-To: Finding Assets in a Divorce Case (FindLaw's Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2017/06/what-is-discovery-in-a-lawsuit.html

Can You Sue Neighbors for Fireworks Damage?

Fireworks are really dangerous. Not only can the explosions and fire destroy property, but people can be severely injured. In some states, and localities, certain fireworks require permits, and oftentimes those permits require insurance. Regardless, there really is nothing quite like safely firing off some giant fireworks into the night sky. Heck, even medium sized ones are fun. But, with great firepower comes potentially even greater legal liability.

If your property is damaged when a neighbor sets off fireworks, even if illuminating the night sky is legal in your state, you can still sue. If there are laws against using fireworks in residential areas, or your city or state, and a neighbor causes your property damages, they could potentially face criminal penalties as well.

First Try Insurance

If you are in the unfortunate position of having to talk to a neighbor that damaged your property due to an irresponsible firework display, you might want to start by requesting their homeowners insurance information so you may file a claim. Dealing with an insurance company may be frustrating, but it'll be easier than dealing with an individual that might not want to pay anything at all.

If you believe the exchange might be hostile, you can try contacting your local police. Even in states where setting off fireworks is completely legal, the destruction of your property is sure to violate criminal law. The police may be able to assist you in obtaining information to help you file a claim against your neighbor's homeowner's insurance.

Also, while this might not be the best course of action, you may be able to file a claim with your own homeowner's insurance. Often, policies will allow for claims to be made due to vandalism, or the negligent conduct of others.

Can I File a Lawsuit?

More likely than not, you can file a civil action against a neighbor that damages your home or property due to irresponsible fireworks usage. If your property is damaged, a strong negligence argument can be made. Even if you enjoyed the show, unless you helped to put it on, you'll likely have a strong case. If the damages are not too extensive, a small claims action can be filed.

However, before suing a neighbor, one might want to think twice as neighbor disputes can get ugly, last a long time, and cost more in legal fees than a House Hunters budget.

Related Resources:

• Find an Attorney Near You (FindLaw's Lawyer Directory)
• If Injured by Fireworks, Can You Sue? (FindLaw's Injured)
• Fatal Fourth of July: 4 Worst Fireworks Injuries (FindLaw's Injured)
• Fireworks Injuries (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2017/06/can-you-sue-neighbors-for-fireworks-damage.html

Breast Cancer Misdiagnosis: When to Sue

Almost one in every eight American women will develop invasive breast cancer at some point in their lives. And sadly, many of those women won't find out they have breast cancer until long after they should. According to one medical website, a whopping 61 percent of all medical malpractice claims involving breast cancer patients are related to alleged delays in diagnosis.

Misdiagnosis -- whether diagnosing an issue that doesn't exist or failing to diagnose one that does -- is a form of medical malpractice, and doctors that fail to diagnose breast cancer can be liable.

Misdiagnosis and Negligence

If you think a doctor failed to diagnose you with breast cancer or gave you an erroneous diagnosis, you may have a valid medical malpractice claim. And most medical malpractice claims are alleging a form of negligence on the part of a doctor or other medical professional. To prove medical malpractice due to negligence, you would need to demonstrate four essential elements:

1. Duty: That the doctor owed you a duty of care, generally present in any doctor-patient relationship;
2. Breach: That the doctor breached this duty by misdiagnosing your breast cancer when a reasonably competent doctor would not have;
3. Causation: That the doctor's misdiagnoses -- and not some other factor -- cause your harm, which is likely in a failure to detect breast cancer in its earliest stages;
4. Damages: That the harm you suffered due to the misdiagnosis is quantifiable and compensable, to some degree.

Diagnosis and Complications

Any time you are claiming a duty of care for a doctor or a breach of that duty, the doctor will be judged against a reasonably prudent doctor and what she would've done under similar circumstances. So if your doctor did exactly what any other competent doctor would've done in the same scenario, it will be difficult to prove malpractice.

And medical malpractice claims can be especially complicated, requiring detailed medical records and patient data, as well as experts to testify to both your injuries and whether your doctor's misdiagnosis was out of the norm for similar medical professionals. If you're considering filing a medical malpractice claim based on a breast cancer misdiagnosis, talk to an experienced injury attorney first.

Related Resources:

• Find Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Top 5 Medical Malpractice Questions (FindLaw's Injured)
• Should I Sue for Medical Malpractice? (FindLaw's Injured)
• Can You Sue a Doctor for Emotional Distress? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/breast-cancer-misdiagnosis-when-to-sue.html

Woman Can Sue Hospital for Brain Damage Caused by NuvaRing

In April of 2010, then 17-year-old Sarah Adams was prescribed a NuvaRing contraceptive device by a nurse practitioner at Montefiore Medical Center in New York. Less than three months later, Adams suffered a total cardiac arrest that left her with "significant and permanent brain damage with marked cognitive and fine motor skills deficits," according to a lawsuit she filed against Montefiore.

And last week, a state appeals court in New York allowed that lawsuit to continue, denying Montefiore's motion to dismiss the claims. Here's what happened, factually and legally.

NuvaRing, Old Dangers

Although Adams notified the nurse practitioner about a family history of heart disease and a chronic heart murmur and NuvaRing is known to cause blood clots that can lead to cardiac arrest, she was given the device anyway. Just two months after having the contraceptive device inserted, Adams was complaining of shortness of breath and chest pain and began seeing physicians from her school clinic to her pediatrician, to the emergency room at Bronx Lebanon Hospital.

On June 8, Smith went into total cardiac arrest, and a CT scan showed embolisms in her brain. Smith was hospitalized for a month, and, according to her suit, now requires "constant around-the-clock care."

Accepted Medical Practices

Montefiore tried to get the lawsuit dismissed, relying on a doctor's affidavit contending it did not depart from the accepted standards of medical care in prescribing the NuvaRing or failing to diagnose or remove the NuvaRing as the cause of Adams' distress. Adams responded with her own medical expert, who claimed several "departures from accepted medical practice" by Montefiore and its employees:

[T]he failure to have plaintiff patient sign the consent form and the failure to retain a copy; the failure to document that plaintiff was counseled regarding the serious side effects associated with the use of the NuvaRing and the importance of immediately removing the device in the event she experienced such symptoms; and the failure to properly evaluate plaintiff or to immediately remove the device when plaintiff presented to the clinic complaining of chest pain and shortness of breath.

In the end, the court decided these were decisions best left to a jury, and allowed Adams' lawsuit to proceed.

Related Resources:

• Find Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Types of Birth Control Lawsuits (FindLaw's Injured)
• Can I Sue for Mirena IUD Complications? (FindLaw's Injured)
• Essure Birth Control Lawsuits: More to Come? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/woman-can-sue-hospital-for-brain-damage-caused-by-nuvaring.html

American Airlines Runaway Beverage Cart Sparks Traumatic Brain Injury Lawsuit

Most people have a healthy fear of the airline beverage cart for a good reason. Those things always seem to be just barely small enough to fit down the aisle, but not usually without knocking some knees, toes and elbows hanging out into the aisle.

Unfortunately for one American Airlines passenger, Charles Johnson, a runaway beverage cart caused much more than just a bumped elbow. Johnson was on a flight from Hartford, Connecticut to Charlotte, North Carolina, with his wife, when a fully stocked, 300 lbs, beverage cart broke loose. In the recently filed lawsuit against American Airlines, Johnson alleges that the runaway cart struck him in the head, causing a serious traumatic brain injury.

Traumatic Brain Injuries

As a result of the blow to the head, Johnson initially suffered a gash to the forehead, and then lost consciousness. Despite this, and the profuse bleeding, the pilot refused to make an emergency landing. Fortunately, a nurse was on board as a passenger and helped care for Johnson during the flight. As a result of the injury, Johnson claims he suffered a traumatic brain injury (TBI) and now has post concussive syndrome.

Brain injuries are usually rather significant injuries requiring extensive immediate and long term care. Frequently, TBI cases can have a large amount of financial damages because a person will not only require years of medical care, but also may not be able to work. In this scenario, a person would be entitled to lost wages, in addition to the medical damages and compensation for pain and suffering.

Injuries on Airplanes

When a person is injured on board an aircraft, there's generally a good chance that the injury was the result of the airline's, or an employee's, negligence. In flight injuries can include baggage falling out of overhead storage, slip and falls, and even flight hazards, like turbulence.

While not all injuries will result in liability, when an airline could have prevented an injury by taking a little more precaution, those injuries could be the basis of a personal injury case. In the case of the runaway cart, if an employee failed to lock it up properly before takeoff, or the lock failed due to age, or a defect, there could be liability found against airline, or potentially the drink cart maker.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• How to Sue an Airline Over Damage, Injury (FindLaw's Injured)
• American Airlines Sued by Double Amputee for Mistreatment (FindLaw's Injured)
• NASCAR Fan Settles Traumatic Brain Injury Lawsuit (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/american-airlines-runaway-beverage-cart-sparks-traumatic-brain-injury-lawsuit.html

Putting the 'Wild' in 'Wilderness': Top 5 Camping Injury Questions

Summer is the perfect time to get back to nature. And while nature can contain beauty, quiet solitude, and a break from the hustle of a job and city life, it can present its own set of dangers. From insects and animals to rocky trails, and, yes, falling trees, Mother Nature can be an unwelcoming host.

Perhaps that's part of the allure of camping, but what happens when something goes bad in the great outdoors? Here's a look:

1. What If I'm Injured Hiking or Camping?

Beyond the question of safety and getting medical attention, you might be wondering who's responsible for hiking and camping injuries. If you are part of a tour group, the company in charge of the tour may be liable if they were negligent. And state and national parks and other property owners may be responsible for injuries if they knew or should've known about dangerous conditions.

2. Yosemite Deaths: How Safe Are National Parks?

As noted above, while national parks are set aside and maintained for the public's enjoyment of wild and natural landscapes, they are not always perfectly safe. This is especially true if hikers and campers are unaware of hazardous conditions or inclement weather, disregard safety warnings, or wander to far from the trail.

3. Camping Injuries: Who to Sue If a Tree Falls on You

It may sound ridiculous, but falling trees can be fatal. And while a falling tree may seem like an unexpected act of god, campgrounds can be liable for injuries caused by rotting trees or for failing to make campgrounds safe.

4. Who Pays for Rescue Costs?

We all need a helping hand, now and then. But what if you need a helping helicopter to lift you out of the wilderness? Or a search and rescue team to locate you in the back country? Whether you'll be on the hook for funding your own rescue may come down to whether you were reckless or negligent leading to your need to be rescued.

5. Are Campground Liability Waivers Legally Enforceable?

The waiver has become ubiquitous in so many scenarios, including summer camps and campgrounds. But do you really sign away any right to sue if you're injured in a campground?

If you're injured while hiking or camping this summer, contact an experienced personal injury attorney about your case.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• 3 Things to Know About Camp or Recreational Liability Waivers (FindLaw's Injured)
• Sun's Out, Fun's Out: Top 7 Summer Injury Tips (FindLaw's Injured)
• Top 5 Summer Camp Injury Questions (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/putting-the-wild-in-wilderness-top-5-camping-injury-questions.html

Shopping Cart Injuries: When to Sue

Shopping carts may seem innocuous enough, even cute if they're designed like race cars and carrying toddlers around the store. But they become a bit more sinister after an accident, especially one causing injuries. Shopping carts injure 24,000 kids every year, according to one study, and can become especially dangerous during peak shopping hours -- like after work -- or peak shopping days -- like Black Friday.

If you're injured by a shopping cart in or outside of a store, do you have a legal claim? And whom can you sue?

Suits Against Shoppers or Employees

Shopping injuries are no joke, and can occur in a variety of ways. But most injury lawsuits are based on negligence liability, meaning that someone else's negligence led to your injury. While it may seem obvious to you that another shopper's or an employee's negligence with a shopping cart led to your injury, proving it in court isn't always easy. There are four elements to a standard negligence claim:

1. Duty: The shopper or employee owed you a legal duty to use reasonable care with a shopping cart under the circumstances;
2. Breach: The shopper or employee breached that legal duty by acting or failing to act in a certain way with the shopping cart;
3. Causation: It was this breach that actually caused your injuries; and
4. Damages: Your injury is real and compensable.

In order to be compensated for your injuries, you will need t be able to prove all four elements, as well as provide an accurate estimate of the amount of cost of your injuries.

Suits Against Stores

Shopping cart injuries could also be the store's fault. There are three main ways you can sue the stores in which you were injured:

• Premises liability: The store owner knew or should have known about a dangerous condition on the property that led to your injury;
• Negligent training/supervision: The employer failed to train employees properly in the shopping cart safety; or
• Vicarious liability: A store employee was negligent in the scope of his or her employment, and the store can be held liable for his or her actions or failure to act.

These legal theories are complex and may overlap in dealing with your shopping cart injury case, but an experienced personal injury attorney can explain how each can help your case.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Shopping Cart Dents, Dings: Is the Store Liable? (FindLaw's Injured)
• 7 Tips When Suing a Retail Store for Injuries (FindLaw's Injured)
• Top 5 Black Friday Shopping Injuries (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/shopping-cart-injuries-when-to-sue.html

Hospice Care Negligence: Can I Sue?

Most people are well aware of the fact that if a hospital or doctor makes a mistake, or is negligent, a medical malpractice claim can be made. However, when hospice services fail to provide care, or provide substandard care, individuals, family members, and loved ones, are often confused about possible legal remedies. Shockingly, this occurs more often than the hospice industry would like to admit.

People in hospice care generally must be terminally ill and seeking palliative care, meaning medical treatment that is not intended to cure the problem, but rather just reduce or relieve associated pains. Hospices contract with these individuals to provide palliative care, such as the administration of strong pain medications, physical therapy, and even helping with hygiene and other matters.

When a hospice fails to provide care, or is negligent in the care provided, there may be legal claims depending on the resulting injury.

Wrongful Death

Wrongful death claims are often perceived as impossible claims against a hospice because the patients in hospice are terminal. However, this is myth. If a hospice's actions, or failures, were the cause of a loved one's death, they may be held liable.

For example, if a hospice fails to empty a catheter bag, and this failure results in an infection that the patient succumbs to, this may provide the basis for a wrongful death claim.

Breach of Contract

When a person goes into hospice care a contract or agreement usually must be signed. The hospice agrees to provide certain services, and the patient, family member, or guardian, agrees to pay. If the services just are not provided, or not provided according to the terms, a breach of contract claim can be filed for the hospice violating terms of the agreement.

In addition to getting a full or partial refund on the contract price, a person may be entitled to consequential damages as well. These claims are less suited to cases that involve physical injuries, distress, and other non-economic damages.

Ordinary and Gross Negligence

When an injury results due to a hospice service's actions, or failures, a claim for negligence may be possible. Negligence claims essentially require an injured person to prove that their injury was the result of another person's, or entity's, failure to uphold a duty, or obligation.

In a case against a hospice, generally, the service will owe a duty to the patient to not injure them while providing care, such as by dropping them, delaying treatment, over administering medication, or administering the wrong medication. If the failure to uphold the duty is the result of shockingly bad conduct, it could rise to the level of gross negligence.

Medical Malpractice

When a hospice service agrees to provide the administration of medical treatment, such as medication, physical therapy, in-patient or continuous in-home nurse care, or even diagnostic monitoring, the potential for a medical malpractice claim exists. Often, medical malpractice claims are referred to as medical negligence claims because the claims are somewhat similar, though the former is indeed much more complex and nuanced. 

Basically, a medical malpractice claim against a hospice alleges that the service, or a medical practitioner, such as doctor, nurse or qualified/certified caregiver, failed to act with the same level of care as a reasonable service or medical professional would have acted in the situation. Administering the wrong medication, or failing to ensure proper training of staff, are easy to understand examples of medical negligence.

Elder Abuse

In addition to claims surrounding the hospice services themselves, individuals in hospice care are also at risk of elder abuse. Though these claims are rare, hospice patients are often vulnerable and elderly, and as such, they can be easy targets for an unscrupulous hospice worker. Types of elder abuse include physical assault, financial abuse, and neglect or abandonment. Elder abuse claims can be pursued both criminally and civilly.

Who Can File a Claim?

Depending on the type of claim, and your state's laws, who can file a lawsuit on behalf of an injured, or deceased, hospice patient will vary. Generally, in a wrongful death matter, the spouse, children, or next of kin, or the individual's estate, will be able to file the action. But, if the injured patient is alive, the hospice patient themselves, or their guardian, can file a lawsuit. However, after the individual dies, state laws treat posthumous injury claims differently.

Related Resources:

• Find Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Florida Supreme Court Strikes Down Medical Malpractice Award Limits (FindLaw's Injured)
• Can I Settle a Medical Malpractice Claim Without a Lawsuit? (FindLaw's Injured)
• Suing a Hospital for Pain and Suffering (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/hospice-care-negligence-can-i-sue.html

Elder Abuse Awareness Day Is June 15th: Are You Aware?

On June 15, organizations across the world will be participating in World Elder Abuse Awareness Day. The participating organizations will not only be teaching people what constitutes elder abuse, but will also be teaching the public on how to identify and stop it.

If you can't make it to one of these events, you can still participate in Elder Abuse Awareness Day on your own. Just take some time to educate yourself on the different types of elder abuse, as well as how to stop it, and maybe chat with a few colleagues or peers about the issue, or post on social media, to help raise awareness.

What You Need to Know

While elder abuse is commonly thought of as something that only occurs at bad nursing homes, it can happen anywhere, even in the family home. In order to be able to identify and stop elder abuse, a person should know about the different types of elder abuse.

The main types of abuse to be aware of include:

• Physical Abuse: This involves actual hitting, or attacks, but also includes being too forceful, or negligent, in providing care, causing an elderly individual to be injured. This can also include sexual abuse.
• Financial Abuse: This involves an individual, sometimes even a family member, treating an elderly person's finances, benefits, or assets, as their own. It can also involve tricking a person into giving away their money, and also just straight theft or embezzlement.
• Neglect/Abandonment: Similarly to physical abuse, when an elderly person who relies on another for care, such as a professional staff, or even just a family member, is neglected or abandoned, this can also be considered elder abuse.

How to Stop Elder Abuse

Depending on how the abuse is occurring, and what type of abuse is involved, stopping it can often be more difficult than anticipated. Involving legal authorities, such as police or social services, is sometimes the only way to actually stop it. It can be helpful to have some evidence of the abuse, if possible, so as to help authorities build a case. Often, families will want to handle these matters on their own, which can sometimes be appropriate if the damage is only financial and can be remedied.

However, when elder abuse involves physical abuse or neglect, law enforcement can investigate and make arrests as elder abuse is both a violation of civil and criminal laws. Regardless of whether police investigate, a family member or concerned individual can still help if they suspect elder abuse. A concerned family member or friend may want to consider retaining an elder abuse attorney on behalf of the abused elder. Bystanders might be able to best help by either contacting police or the local social services agency.

Related Resources:

• Elder Abuse Lawyers Near You (FindLaw's Lawyer Directory)
• What Are the Criminal Penalties for Elder Abuse? (FindLaw Blotter)
• Disrespecting Our Elders: Who to Call for Elder Abuse (FindLaw's Injured)
• 10 Signs of Potential Nursing Home Abuse (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/06/elder-abuse-awareness-day-is-june-15th-are-you-aware.html