Daycare Owners Sued for Hiring Negligence After Child's Death

"As parents, we trust that our children are safe while they are under the supervision of organizations like Community Nursery & Preschool, and that those individuals taking care of our children are responsible, qualified, and professional care providers. When organizations and individuals betray that trust, the consequences can be tragic and heart-breaking."

That sounds like some of the openings we've had to write in response to children being injured or killed while at daycare. In fact they're the words of David S. Cain Jr., an attorney representing the family of 5-year-old Kamden Johnson, whose body discovered in the driveway in Mobile, Alabama last week.

The family is suing the daycare Kamden was supposed to be attending on the day he was found, claiming the company was negligent in screening and hiring Valarie Rena Patterson, who has also been charged with multiple crimes relating to the boy's death.

An Avoidable Tragedy

Though all the details are not yet known, it sounds like Kamden was another tragic victim of being left in a hot van for too long. Kenya Anderson, the Director of the Community Nursery & Preschool Academy, told AL.com that Patterson was in charge of shuttling children between daycare facilities. Kamden was a passenger in the morning, but Patterson allegedly told Anderson she didn't pick him up for the afternoon rounds.

Anderson, along with Community Church Ministries, Inc. and owners Carl and Angela Coker, are named in the lawsuit, which claims the daycare failed to conduct a background check on Patterson before her hiring.

A Knowable Past

According to law enforcement, that background check would've been revealing. AoL.com reports:

Mobile County jail records show Patterson's arrest history dating back to November 1991 for three counts of second-degree theft of property charges, two counts of first-degree theft of property, two counts of third-degree theft of property, no driver's license and failure to appear in court charges.
She was arrested a second time in August 1999 in Florida on first-degree theft of property, giving a false name to police and fugitive from justice charges. Court documents show that Patterson used an alias name of Valarie Hardy during that arrest.
She was arrested a third time in October of 2007 on a fugitive from justice charge.

In this case, Patterson has been charged with corpse abuse and manslaughter. Whether the Community Church daycare performed its due diligence in hiring Patterson may be a question left to another jury.

Related Resources:

• Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory)
• Child Injured at Day Care: Should You Call a Lawyer? (FindLaw's Injured)
• 3 Most Common Injuries in Daycare (FindLaw's Injured)
• Signs of Daycare Abuse (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/daycare-owners-sued-for-hiring-negligence-after-childs-death.html

Opioid Lawsuits: What You Need to Know

As more and more people fall victim to opioid addiction, more and more lawsuits are being filed. States are suing drug companies, addicts are suing doctors, and the federal government is starting its own investigation into the crisis.

But who's liable for opioid addiction? The addict? Doctors? Drug manufacturers? All three? Here's what you need to know about opioid lawsuits and addiction liability.

1. Can I Sue My Doctor for Opiate Addiction?

Physicians owe their patients a duty of care, and can be liable for medical malpractice if their prescription of opioids -- either the dosage, the type of drug, or the failure to notice your developing addiction -- constituted a breach of this duty.

2. Can Doctors Be Liable for Patient Overdoses?

As noted above, normally patient overdoses are dealt with in a medical malpractice claim, or, unfortunately, in a wrongful death claim. But in rare instances, doctors also have been charged with and convicted of murder in overdose cases.

3. Can You Sue a Drug Company for Opioid Addiction?

Successful lawsuits blaming a drug manufacturer for addiction are rare; courts often find addicts liable for their own addiction and the drug companies too far removed from the use to be liable. But that could be changing in the opioid context.

4. Are Drug Companies Liable for Side Effects?

Drug companies have a duty to warn of known dangers. So if you're claiming that a drug manufacturer knew how addictive an opioid was and failed to warn either doctors or patients, you may have a better shot at proving the manufacturer's liability.

5. Liability for Drug Overdoses

Tragically, some addictions end in overdoses, and many of those can be fatal. Wrongful death lawsuits can look a little different than a standard medical malpractice or product liability claim, so it's important to know how liability may be different as well.

If you or someone you know is dealing with an addiction to opioids, get help now. Then consider contacting an experienced personal injury attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Cherokee Nation Sues Walmart, CVS, and Walgreens for Opioid Abuse (FindLaw's Injured)
• West Virginia Counties Sue Drug Manufacturers Over Opioid Crisis (FindLaw's Injured)
• Ohio Is the Latest State to Sue Over Opioid Crisis (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/opioid-lawsuits-what-you-need-to-know.html

Teen Dies After Gym Teacher Refuses Asthma Inhaler Request

'When a child is in the school district, from the time they get there, the school is responsible for their safety.' So said attorney Jay Dorsey, who is representing the family of a 14-year-old girl who collapsed and died after a gym teacher refused repeated requests to retrieve her inhaler from her locker.

The family has filed a federal lawsuit against the county board of education, the high school where it happened, and the unnamed gym teacher, charging them with civil rights violations, wrongful death, gross negligence, and negligence in hiring and supervising employees.

Asthma Attack

The incident happened in Montgomery County, Maryland, and Washington's NBC4 first reported on the lawsuit. According to the suit, Taylor Walton began having an asthma attack during gym class in November 2015, and asked the teacher twice to leave class and get her inhaler:

A third time, Taylor again approached the John Doe Gym Teacher and stated that she was still having severe problems breathing and that she (was) leaving class to get her inhaler ... Thereafter, Taylor left the gym class. As Taylor was observed leaving the gymnasium, there were no efforts by Defendant Gym Teacher or other members of the gym staff to accompany her to her locker to help her get her inhaler or to secure her safety.

Taylor was found by another school employee, collapsed on the steps outside the gym. Efforts to revive her by school staff and emergency responders were unsuccessful.

School Board Breach

According to the lawsuit, Taylor had suffered a prior asthma attack in the same gym teacher's class before, school officials we aware she suffered from asthma, and were required to distribute an "emergency treatment plan" to her teachers. Taylor's family is seeking $10 million from the Montgomery County Public School district.

"The actions or omissions of the Defendant Board and its staff ... breached the duty owed Taylor," the lawsuit alleges. "Each individual breach by the Board and staff, or in concert with each other, was a substantial factor in proximately causing injury and then death of Taylor."

Related Resources:

• Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory)
• When Are Schools Liable for Student Injuries? (FindLaw's Injured)
• How Do You Sue a School District? (FindLaw's Injured)
• Max Gilpin School Football Death Suit Settles (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/teen-dies-after-gym-teacher-refuses-asthma-inhaler-request.html

$417M Judgment Against Johnson & Johnson in Latest Talc-Cancer Verdict

At this point, there have been so many lawsuits filed against Johnson & Johnson over its talc and baby powder products, and judgments against the company based on cancer caused by those products, it's becoming hard to keep track of them all. Luckily, Bloomberg did the work for us: J&J is facing "5,500 claims in U.S. courts, [and] has lost four previous jury verdicts in St. Louis for a total of $300 million."

And you can add another verdict to that list, this one coming in California. A Los Angeles jury awarded Eva Echeverria $417 million after finding J&J liable for not warning about the cancer risk in its baby powder products.

Problem All Over the Country

"J&J needs to see they not only have verdicts against them in St. Louis, they now also have them in Los Angeles," Echeverria's attorney Mark Robinson said. "There's a problem all over the country with women using talcum powder on daily basis for 10, 20, 30, 40 years." The 62-year-old woman began using the talcum powder products when she was 11 and was diagnosed with ovarian cancer in 2007. Of the total award, the jury charged Johnson & Johnson with $347 million in punitive damages.

While J&J has and continues to defend the safety of its Baby Powder and Shower to Shower talc-based products, various lawsuits have cited studies linking talc to ovarian cancer and accused the company of failing to adequately warn customers of the risk.

Denying the Obvious

Most damning of the allegations against J&J revolve around what the company knew and when. According to one lawsuit, the Cancer Prevention Coalition notified Johnson & Johnson's CEO in 1994 that studies showed using talcum powder in the genital area posed "a serious risk of ovarian cancer." And the AP has reported on an internal memo in 1997 from a Johnson & Johnson medical consultant said "anybody who denies" the risk of using hygienic talc and ovarian cancer is "denying the obvious in the face of all evidence to the contrary."

The latest judgment against J&J may be the latest and one of the largest, but it's far from the first and likely far from the last as well.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Talcum Powder Lawsuit: When to Sue J&J for Wrongful Death (FindLaw's Injured)
• Can Using Talcum and Baby Powder Really Cause Cancer? (FindLaw's Injured)
• Talcum Powder May Increase Ovarian Cancer Risk in African American Women (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/417m-judgment-against-johnson-johnson-in-latest-talc-cancer-verdict.html

ACLU Settles Lawsuit Against CIA Torture Psychologists

Much was made of the 'enhanced interrogation techniques' employed by the U.S. military and contractors in terrorism investigations. Often considered torture, the interrogation program was at the center of an American Civil Liberties Union lawsuit filed against the alleged architects of that program, on behalf two men subjected to those techniques and the family of one man who froze to death in a CIA prison.

In what the ACLU says is a first for lawsuits involving CIA torture, the two defendants in the case, psychologists James Mitchell and John "Bruce" Jessen, have agreed to settle the lawsuit, for an undisclosed amount.

Enhanced Interrogation

"Government officials and contractors are on notice that they cannot hide from accountability for torture," said director of the ACLU National Security Project Hina Shamsi in the wake of the settlement. "Our clients' groundbreaking case has changed the legal landscape. It showed that the courts are fully capable of handling lawsuits involving abuses committed in the name of national security." Due to issues of immunity and fears of classified information being made public, the case was set to be the first of its kind to go to trial, perhaps because the Justice Department did not try to block it.

Although both Mitchell and Jessen continue to claim that the abuse suffered by Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and Gul Rahman, and Rahman's death, all occurred without their knowledge. But in an earlier ruling in the case, the court found "The evidence would support a finding Defendants designed the [enhanced interrogation techniques] to be used on detainees, and thus they clearly had knowledge they would be so used."

Brutal and Ineffective

Those techniques embodied an effort to a state of "learned helplessness" in captives that would remove any resistance to interrogation. According to Dr. Jessen's deposition in the case, he and Dr. Mitchell were tasked with coming up with those techniques, which included sensory and sleep deprivation, shackling for hours in uncomfortable positions, and waterboarding. "Jim and I went into a cubicle," he said. "He sat down at a typewriter and together we wrote out a list."

The interrogation techniques developed by the doctors were ultimately found to be brutal and ineffective, but caused lasting pain and suffering to those subjected to them.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Police and School Sued After Interrogated Teen Commits Suicide (FindLaw's Injured)
• What You Need to Know About Suing the Police (FindLaw's Injured)
• Chiquita Terrorism Lawsuit: Murder, Torture (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/aclu-settles-lawsuit-against-cia-torture-psychologists.html

Can You Sue a Drug Company for Opioid Addiction?

As the opioid crisis spins out of control, people are looking for ways to rein in the epidemic and for ways to hold accountable those responsible. Individuals are suing their doctors for contributing to an opiate addiction, and cities, counties, and states are suing drug manufacturers for creating a flood of opiates.

But can a single person or class of individuals hold a drug company legally responsible for an opioid addiction?

Pharmaceutical Liability

Suing a drug manufacturer for a drug's danger or its addictive properties will generally take the shape of a product liability lawsuit, whereby a manufacturer can be held liable for a dangerous or defective product. There are three ways to hold a drug manufacturer liable based on pharmaceutical drug liability:

1. Defects in Design: Alleging a drug poses an unreasonable risk to consumers even if it is manufactured and used as intended. These include only foreseeable risks, and a drug company could be held liable if it knew about and ignored those risks. These lawsuits against pharmaceutical companies are rare, because as long as some safe use of the drug exists, the manufacturer generally can't be held liable.
2. Defects in Manufacturing: Alleging a mistake in the production of a drug that renders it a danger to consumers. These lawsuits generally arise when medication is contaminated at a processing facility, like when GlaxoSmithKline had to pay $41 million to settle lawsuits about drugs manufactured at its former factory in Puerto Rico. These also may not apply in opiate addiction cases, if the drugs involved were properly manufactured.
3. Defects in Warnings: Alleging a drug company's failure to properly warn consumers of known risks in using its medications. Drug companies could be held liable for providing inadequate warnings, inaccurate warnings, or no warnings at all. This is most commonly cited in pharmaceutical company lawsuits when consumers sue for prescription drug side effects. But may also be applicable to cases where consumers have not been adequately warned about a drug's addictive properties.

Pharmaceutical Lawyers

If you or someone you know is addicted to an opioid or other prescription medication, you can contact an experienced personal injury attorney to review your case.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Cherokee Nation Sues Walmart, CVS, and Walgreens for Opioid Abuse (FindLaw's Injured)
• West Virginia Counties Sue Drug Manufacturers Over Opioid Crisis (FindLaw's Injured)
• Liability for Drug Overdoses (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/can-you-sue-a-drug-company-for-opioid-addiction.html

Injured by Electric Shock -- Can You Sue?

According to the most recent data from Consumer Product Safety Commission, there are around 70 electrocution fatalities every year from consumer products. And while you might think children are the most vulnerable to electrocution, there were twice as many victims who were 40 to 59 years old, compared to the number of victims who were 19 years old and younger.

Electrocutions are also one of the most common workplace injuries, accounting for around 9 percent of all fatal workplace accidents. Electric shock injuries can be scary, and whether you can sue for those injuries may depend on who injured you and where.

Who Shocked You?

The vast majority of injury lawsuits are based on negligence liability, meaning that another person's negligence led to your injury. And there are four elements to a standard negligence claim:

1. Duty: Someone owed you a legal duty to use reasonable care with electric wiring or equipment under the circumstances;
2. Breach: The person breached that legal duty by acting or failing to act responsibly with the wiring or equipment;
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 electric shock injuries, you will need t be able to prove all four of these elements, as well as an accurate estimate of the amount of cost of your injuries.

Where Were You Shocked?

Electric shock injuries could also be a property owner's fault. There are three main ways you can sue someone owning the property on which you were injured:

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

If you were electrocuted on the job, you may need to file a worker's compensation claim before a civil lawsuit. Legal theories involving personal injuries can be complex and could overlap in dealing with your electric shock injury case. An experienced personal injury attorney can explain how each may apply to you.

Related Resources:

• Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory)
• Man Urinates, Gets Electrocuted in Subway Tunnel (FindLaw's Injured)
• Yankee Stadium 'Jolts' Woman with Electricity (FindLaw's Injured)
• 4 Children in 2 States Electrocuted in Lakes (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/injured-by-electric-shock----can-you-sue.html

What You Need to Know About Suing the Police

Whether it's an increase in dangerous equipment or tactics, a rise in citizen-police interactions and altercations, or just the ubiquity of cell phone and body cameras, the number of civil lawsuits filed against police officers, their departments, and cities has been skyrocketing. (This could also be due to the dearth of criminal charges filed against officers for misconduct.) At the same time, cities have been paying millions to settle police lawsuits.

While suing the police for injuries is possible, the process is different and can be somewhat more complicated than your average injury lawsuit. Here's what you need to know:

1. Injured by Police? 10 Legal Reminders About Your Rights

Some people may not even know they can sue the police if they are injured during an arrest or altercation. While officers may have some immunity from certain claims, that immunity doesn't cover misconduct. And you also have rights when it comes to recording police and requesting evidence.

2. How to Sue the Police

As we mentioned above, suing the police isn't like suing the average person or a corporation. You must first file a tort claim or notice with the government entity in charge of the department, then wait for a response before filing a civil lawsuit.

3. Police Brutality Lawsuits and Section 1983

Section 1983 of Civil Rights Act exists to protect victims of excessive force, illegal searches, and other constitutional violations, and provides the means to sue individual police officers, the city or county government, and even the mayor.

4. When Can I Sue Police for False Arrest?

Even if you have not suffered a physical injury, police can still be liable for abusing their authority. Police officers cannot arrest you without probable cause that you committed a crime, but just because prosecutors decline to file charges or drop charges later doesn't necessarily make the arrest illegal.

5. If Police Shoot Your Dog, Can You Sue?

Sometimes it's another family member injured by cops. So if your dog is injured during a search or an arrest, can you sue on his or her behalf?

Police lawsuits are complicated -- politically and legally -- so consult an experienced attorney before suing the police.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• How to File a Police Taser Lawsuit (FindLaw's Injured)
• Who's Liable for Police Chase Injuries? (FindLaw's Injured)
• Can You Sue Over Police Dog Bite Injuries? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/what-you-need-to-know-about-suing-the-police.html

Can a School Be Liable for a Student's Suicide?

Suicide among youths is extraordinarily disturbing to read about. When a child who is even younger than a teenager commits suicide, the tragedy is all the more confounding.

Sadly, child suicide is often the result of external factors, such as embarrassment, bullying, or school pressures. Although people often know that schools can be held liable for the injuries students sustain on school grounds, many wonder whether a school can be held liable for self-harm that occurs after school and not on school grounds.

Can a School Be Held Liable for a Student's Suicide?

While it may sound like a stretch to some, schools can be held liable when a child commits suicide if the school was somehow negligent, and if that negligence led to the suicide.

A case filed in August 2017 provides a tragic example of a parent suing a school for negligence leading to her son's suicide. In January 2017, an 8-year-old boy hung himself after two consecutive days of severe bullying at school. The school was aware of the bullying happening in the boys bathroom as it had been going on for some time. Additionally, the school allegedly even had video cameras that captured the bullying. But, the school failed to even notify the child's mother, let alone do anything to stop it.

On the first day of bullying, the child was knocked unconscious and left to lie on the bathroom floor for seven minutes. The mother was never notified. After the second day of school where the child was bullied, again in the boys bathroom, he went to his room after getting home, and before his mother could even go check on him, he had used a necktie to hang himself.

Filing Suit for Student Suicide

Despite how crass it may feel, parents that suffer the tragedy of a child committing suicide need to act quickly to assert their legal rights. Depending on the jurisdiction, there may be strict timelines for when you must file a claim. For instance, in many states, including California, any claim against a government entity, which includes public schools and officials, must be filed within a short period of time and follow specific legal procedures to be valid in court.

Seeking out an experienced personal injury attorney early on may be emotionally challenging, but doing so as soon as you are able will ensure your legal rights are preserved.

Related Resources:

• Teacher Torts: Are Educators Liable for Student Injuries? (FindLaw's Injured)
• When Are Schools Liable for Student Injuries? (FindLaw's Injured)
• Jury Awards $1.25M to Student Forced to Pee in Bucket During Class (FindLaw's Law and Daily Life)
• Mom Sues School, 3rd Grader Over Son's Bullying, Abuse (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/can-a-school-be-liable-for-a-students-suicide.html

Over 150 Condo Decks Deemed Unsafe After Collapse Injury

The residents of a condominium community in Columbus, Ohio have been warned not to use their balconies due to the fear of collapses. The condo owners at The Falls at Hayden Run were told in June 2017 that their decks could no longer be used after a father and daughter were injured in a collapse the previous month. Apparently, the decks were only secured by 26 nails and lacked several safety requirements.

While the community association is working to fix the problem, many owners and residents may be wondering what legal action they may be able to take. The father and daughter that were injured have filed a lawsuit due to their severe injuries, however, condo owners may also be able to pursue legal actions on their own behalf.

Time Limit for Claims

For a personal injury or property damage claim related to a balcony collapse, the amount of time a person has to file a claim will be based upon the date of the injury. This can vary from state to state, based upon what the statute of limitations is in the state where the injury occurs.

However, for construction defect claims that relate to construction that's more than a couple years old, a statute of limitations could potentially bar your claim. Fortunately, many states have laws that allow a statute of limitations to not run (or be "tolled") if a defect is hidden. But, not knowing about something is different than a defect being hidden.

Construction defect claims are rather complex and nuanced. If you believe you have a claim, you should contact an experienced construction defect attorney to assess your particular situation. If a deck or balcony collapses, and it was professionally built or installed, there may be potential liability for construction defect, particularly if it was well maintained.

Liability of Condo Association

Frequently, when property owners live in communities that provide for landscaping and other maintenance services, a failure to properly maintain or inspect can result in the association's liability, much like a property management company. However, property owners should carefully consider bringing claims against their association after consultation with an attorney, as doing so can often lead to an unpleasant neighborhood environment.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• 5 Reasons to Potentially Sue Your HOA (FindLaw's Law and Daily Life)
• Legal How-To: Enforcing HOA Rules Against a Neighbor (FindLaw's Law and Daily Life)
• Homeowners May Have to Pay in a Trayvon Civil Action (FindLaw's Injured)
• Woman Sues Airbnb After Host Sexually Assaults Her (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/over-150-condo-decks-deemed-unsafe-after-collapse-injury.html

Top 5 Questions About Legal Liability Waivers

Generally speaking, if you're injured by someone else's negligence you can sue for compensation. The exceptions to that rule may be statutory (some laws prohibit injury lawsuits in certain circumstances), procedural (you may need to file a notice with a government entity before suing), or legal (you may be partially at fault yourself).

One of those legal exceptions is if you've waived liability for a person or parties if you get injured. Waivers normally pop up at schools or day care, gyms or fitness facilities, and risky recreational activities like skiing, skydiving, or river rafting. Often, people think signing a liability waiver means you can never sue if you're injured, but there are exceptions to that rule as well. Here are five of the biggest questions regarding waivers in injury cases:

1. Are You Required to Sign School Liability Waivers?

Many school waivers aren't mandatory, and some may not be enforceable. Still, parents should read all school liability waivers carefully before signing. If the waiver is not essential to your child's participation in the school activity, perhaps avoid signing it. But also know that signing one doesn't always preclude you from suing if your child is injured due to the school's negligence.

2. If You're Injured at the Gym, Can You Sue?

Just about every gym has a complex injury waiver they require members to sign. And whether these waivers will prohibit you from filing a lawsuit if you're injured may depend on the language of the waiver, where you file your suit, and the nature of the injury.

3. Are Day Care Liability Waivers Enforceable?

Just like schools, day care facilities will try to limit their liability if a child is injured while in their care. But day care centers can't waive liability for injuries or illnesses resulting from their own negligence -- most courts won't enforce these liability waivers so as not to encourage negligence.

4. If You're Hit by a Foul Ball, Can You Sue?

The waiver that most people don't know they're "signing" is the one on the back of your ticket. Most sporting event tickets have a waiver on the back that says you assume the risk of injury by attending the event. That waiver, plus what's come to be known as "The Baseball Rule" has precluded many foul ball injury lawsuits, but the legal tide might be turning against teams.

5. Can a Government Entity Force Me to Waive Injury Claims?

Private entities aren't the only ones who use waivers. Find out when you might be able to sue city hall.

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)
• River Rafting Waiver May Preclude Widow's Lawsuit (FindLaw's Injured)
• School Liability Waivers: What a Parent Signs Away (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/top-5-questions-about-legal-liability-waivers.html

Woman Sues Airbnb After Host Sexually Assaults Her

A woman who says her Airbnb host made sexually suggestive comments, used drugs in front of her, and ultimately sexually assaulted her is suing the company, claiming it failed to do a background check on the man and failed to disclose that it did not do background checks to users. According to her lawsuit, the man faced domestic violence charges and was enrolled in a pre-trail diversion program to avoid prosecution on those charges.

Airbnb, for its part, banned the man from the site following the woman's allegations. "The abhorrent behavior described has no place in our community and we will not tolerate it," said the company's global head of trust and risk management, Nick Shapiro. "We have been trying to support [the accuser] in any way we can."

The Assault

Leslie Lapayowker claims she quickly found host Carlos del Olmo "disturbing." Lapayowker had booked 30 nights in del Olmo's studio while she looked for a place to live in Los Angeles, but moved out after just three nights. Unfortunately, she left some personal items behind.

According to her lawsuit, del Olmo told Lapayowker he "wanted to show her something of importance in the studio" and once inside, "he locked the door and kept [Lapayowker] in a chair against her will." Del Olmo then "dropped his short and started masturbating," telling Lapayowker to "taste it" and "touch it." The lawsuit claims that del Olmo forcefully shoved his tongue in Lapayowker's mouth, ejaculated into a trash can, and then told her, "Don't forget to leave me a positive review on Airbnb."

The Liability

Lapayowker reported the assault to police, according to CNET, but they declined to prosecute, saying there wasn't enough evidence to move forward with charges. But Airbnb could be liable for the assault. (Lapayowker is also suing del Olmo in the same lawsuit.)

The suit claims that Airbnb listed Carlos with a "Superhost" badge next to his name, along with a green check mark and the word "Verified." Lapayowker is claiming she relied on the listing to believe del Olmo was a "safer and more reliable option."

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Injured in an Airbnb Rental (FindLaw's Injured)
• Death at Airbnb: Who's Liable? (FindLaw's Injured)
• Woman Sues Match.com: Sexual Predator Raped Her? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/08/woman-sues-airbnb-after-host-sexually-assaults-her.html