Friday, September 29, 2017

Delaware Jury Awards $3 Million in Birth Injury Case

Amari Broughton-Fleming had a difficult entry into the world. Doctors induced his delivery, then found his shoulder was trapped behind his mother's pelvis. A doctor was able to dislodge the arm, tugging on Amari's head in a swift downward motion, and he was born healthy at 8 pounds, 13 ounces.

Except for his right arm. It was paralyzed at birth and a pediatric neurologist diagnosed permanent nerve damage in Amari's shoulder, nerve damage his mother's lawsuit claimed was due to the doctor's negligence. And a jury in New Castle County, Delaware agreed, awarding her $3 million in damages.

A Lot of Living to Do

Monica Broughton claims her son, now nine, has "a lot of living to do with this impairment." Although subsequent surgeries improved mobility in the arm, he has difficulty zipping his pants, can't ride a bike, and even has trouble playing his favorite sport, soccer. Even when his arm is at rest, his mom claims, a couple fingers twitch uncontrollably, and his right arm is four inches shorter than his left. "He asks if his arm is ever going to be normal," Broughton told the News Journal. "He wants it to grow."

When the neurologist initially diagnosed Amari's nerve damage, the doctor found two of the shoulder's network of five nerves were ripped completely in half, and the remaining three were overstretched to the point of not functioning. Broughton claimed the damage was due to OB-GYN Peter Wong forcefully pulling Amari out by his head during delivery, and that he failed to disclose the risks involved with the procedure.

A Very High Bar

Broughton filed suit in 2014, and the verdict is somewhat of a rarity in Delaware. The vast majority of medical negligence lawsuits in the state get settled behind closed doors and Delaware requires unanimous jury verdicts in civil suits, "a very high bar" according to Bruce Hudson, Broughton's attorney. Hudson also claims he offered multiple times to settle with Wong's insurer, but was turned down.

On the other hand, juries can be sympathetic to birth injuries. "When the baby suffers an injury at birth," medical malpractice attorney Randall Robbins told the News Journal, "awards are always at the higher end because they're usually life-altering."

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from Injured http://blogs.findlaw.com/injured/2017/09/delaware-jury-awards-3-million-in-birth-injury-case.html
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Wednesday, September 27, 2017

Florida Doctor Gets 8 Years in Prison for Medicare Fraud

The plan seemed so simple: refer patients to friendly pharmacies to fill prescriptions they don't need, then get a nice little kickback from pharmacy owners. Maybe throw some extra pain pill prescriptions to patients without ever seeing them, and bill Medicare for some never-performed medical services. Easy money, right?

Well easy come, easy go, as they say, and now Dr. Roberto A. Fernandez will be paying $4.8 million in restitution and serving 97 months in prison after pleading guilty to one count of conspiracy to commit health care fraud and wire fraud.

Medicare Kickbacks

Fernandez was originally facing that one count of conspiracy to commit healthcare fraud and wire fraud, along with:

  • 11 counts of healthcare fraud;
  • 1 count of conspiracy to defraud the United States and pay and receive healthcare bribes and kickbacks;
  • 1 count of conspiracy to distribute controlled substances; and
  • 2 counts of distribution of controlled substances.

According to federal law enforcement, for the past six years the Miami-based doctor was submitting false and fraudulent claims to Medicare and the illegally prescribing controlled substances, including oxycodone, hydrocodone, and alprazolam.

One Bad Apple

And if all of that sounds pretty vague, the Department of Justice has some more disturbing details. Fernandez allegedly admitted that many of his prescriptions were medically unnecessary, including providing "prescriptions for expensive, name brand drugs, including HIV/AIDS medications that conflicted with other HIV drugs already prescribed to the beneficiaries." He also received kickbacks in return for "signing plans of care and prescriptions for medically unnecessary home health services," and wrote prescriptions for controlled substances for patients he never met.

And Fernandez wasn't alone. The fraud and pill scheme covered at least six healthcare facilities, and amassed over $20 million in fraudulent expenses. And some of his co-conspirators are already incarcerated: Niurka Fernandez for 10 years; Arturo Alberto Oms for eight years; Jesus Diaz for nine years; and Jorge Caballero for three years and four months.

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from Injured http://blogs.findlaw.com/injured/2017/09/florida-doctor-gets-8-years-in-prison-for-medicare-fraud.html
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Monday, September 25, 2017

Study: Lead in Flint's Water Caused Infertility, Fetal Deaths, Miscarriages

By now we were pretty aware of the effect Flint, Michigan's lead-tainted water had on the city's living residents. But what about those yet to be born?

Just last month, researchers found that, following Flint's switch to the Flint River as its water source and altered its water treatment program, fertility rates in the city decreased by 12 percent, fetal death rates increased by 58 percent, and overall health at birth decreased. The question now becomes whether this "horrifyingly large" increase in fetal deaths will lead to more legal liability on the part of the city.

Flint's Fertility

Authors of the study, Daniel Grossman of West Virginia University and David Slusky of Kansas University, put their findings in stark terms, estimating that, from November 2013 through March 2015, "between 198 and 276 more children would have been born had Flint not enacted the switch in water." The report also cited previous studies showing that maternal lead exposure is linked to "fetal death, prenatal growth abnormalities, reduced gestational period, and reduced birth weight."

Because Flint was the only city in the area that switched its water supply, and the switch was confined to a specific time period, Grossman and Slusky were able to compare fertility rates and fetal health in Flint before and after the switch and compare Flint's data with surrounding cities. The study found "a substantial decrease in fertility rates in Flint for births conceived around October 2013, which persisted through the end of 2015. Flint switched its water source in April 2014, meaning these births would have been exposed to this new water for a substantial period in utero (i.e., at least one trimester)."

Fetal Liability

While the majority of fetal injury and death lawsuits are limited to medical malpractice claims, it's not hard to imagine expectant mothers who experienced miscarriages in Flint will try to hold the city liable. In some cases, courts have allowed civil lawsuits filed against those accused of injuring or causing the death of an unborn child.

If those mothers, and other women who suffered from infertility during or after the Flint water crisis, can prove the city owed them a duty of care to deliver lead-free water, and breached that duty, the city may be on the hook for damages from their fertility and fetal injuries.

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from Injured http://blogs.findlaw.com/injured/2017/09/study-lead-in-flints-water-caused-infertility-fetal-deaths-miscarriages.html
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Thursday, September 21, 2017

Summer's Over: Heat-Related Injury and Lawsuit Roundup

This summer was the third-hottest on record, and while cooler temperatures may be in the forecast, not all have escaped the heat unscathed. From simple sunburns to more serious and possibly fatal heatstroke injuries, the scorching temperatures left their mark this summer. But if you were injured in the summer heat, do you have a legal case?

Here are a few recent heat-related lawsuits, and who can be liable for heat-related injuries and illnesses.

1. Kids and Cars: 10 Safety Tips

Sadly, this summer saw its fair share of children killed after being locked in vehicles on searing hot days. And the most tragic part of these deaths is how easily avoidable they are. The best rule of thumb is to never leave a child unattended in a car and always be sure to have an accurate count of how many kids are getting in and out of a vehicle if you're driving a few around at a time.

2. Max Gilpin School Football Death Suit Settles

While schools and coaches are getting better at educating themselves on the risks of heat-related injuries to players and implementing exercise and hydration plans to minimize that risk, there are still far too many stories of young athletes, football players in particular, who die during practices or games from heatstroke.

3. NYC Inmate 'Baked to Death' in Hot Jail Cell: Report

Also far too common are tales of inmates overheating in prisons and jails. While it may be harder to empathize with a convicted criminal, their treatment during incarceration must be humane, and denying them water or air conditioning during summer heat waves can violate their civil rights.

4. Can I Sue for a Heatstroke Injury?

Although those three stories are all different, they all may involve some level of civil liability. Where someone owes a duty of responsibility to another, and fails to meet that duty, the resulting injuries may be compensable, especially heat-related injuries.

5. Can I Get Worker's Comp For Heat Stroke?

As with other injuries, heatstroke and other on-the-job heat-related injuries are treated a bit differently. Find out how.

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from Injured http://blogs.findlaw.com/injured/2017/09/summers-over-heat-related-injury-and-lawsuit-roundup.html
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Tuesday, September 19, 2017

Too Hot! Woman Sues Victoria's Secret Over Flammable Hoodie

It's not too surprising when Victoria's Secret racy lingerie sparks some romantic flames. A little more surprising is when a less revealing hoodie from the company's PINK apparel line literally catches fire.

Samantha Burke claims that a hoodie, t-shirt, and bra she purchased from Victoria's Secret "burst into flame while she cooked, resulting in sever and irreparable injury to her body." She is now suing the company, alleging that she "will bear the scars on her body, and in her memory, forever."

"She Screamed"

According to her lawsuit, Burke was heating up on the stove for her and her husband one evening:

While moving the soup from burner to countertop, Samantha Burke smelled something burning and realized that the drawstring on her Victoria's Secret PINK hoodie had caught fire. She set the soup down so she could immediately put out the fire on the drawstring. As she set the soup on her counter, she saw flames on the right side of her body. The Victoria's Secret Apparel was on fire and was burning her. She recalls seeing the flames, recalls the intensity of the fire, heat and pain, and recalls being in a state of shock.

Burke screamed for help from her husband, and together they finally put out the flames, but not before she suffered third-degree burns requiring skin grafts and weeks in an airplane splint that forced Burke into a consistently painful posture.

"Haunted by Nightmares"

Since the incident, Burke claims her sleeping is "haunted by nightmares of being trapped in fire in her home," her skin, which has reached "maximum improvement" yet remains "charred, disfigured [and] scarred," and she "cannot 'Live Cool. Live Comfy.,' the lifestyle and experience marketed by Victoria's Secret PINK."

Burke is suing for damages, prejudgment interests, and court costs.

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from Injured http://blogs.findlaw.com/injured/2017/09/too-hot-woman-sues-victorias-secret-over-flammable-hoodie.html
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Monday, September 18, 2017

Top 5 Legal Issues Following Floods

Hurricane Harvey caused catastrophic flooding in Houston last month. This month, it was Hurricane Irma inundating Florida. With two more storms, Jose and Maria, setting their sights on the northeast coast and Caribbean, respectively, the physical and financial injuries from flooding and flood damage will only intensify, leaving many to wonder what kind of recourse they have.

Here are some of the biggest legal questions and issues concerning flood injuries, and where to find the answers, from our archives:

1. Why Do We Declare a National Emergency?

It's a phrase we often hear either right before, during, or after a major storm -- the president or governor is declaring a state of emergency. It sounds very serious, but what does it actually entail? While declarations of emergency often focus on funding disaster prevention and relief, they can go much further.

2. Flood Recovery: Safety Issues and Flood Insurance

After a flood, you may want to return to your normal life as quickly as possible. But two main things may stand in your way: the safety of your home and transit around your neighborhood, and insurance coverage for any flood damage. Find out how to navigate both.

3. After Colo. Flood, 5 Legal Issues to Address

Beyond physical safety and flood insurance coverage, you may also need to worry about your job or your small business. And there may also be tax implications, as well. Fortunately, local, state, and some federal legal aid resources are available.

4. Katrina Lawsuit Begins: Is the Government Liable for Flood Damage?

This was especially relevant in New Orleans given the Army Corps of Engineers role in designing and building the city's levee system. But given the science behind global warming and the disastrous hurricane season, what legal responsibility do private businesses and government entities bear in a natural disaster?

5. Mississippi Flood Raises Toxic Mold Threat

Yes, there's the water. But there are often hidden dangers associated with floods that people fail to think about. Mold can be one of those unseen risks to residents in a flood-damaged area.

If you've suffered from a personal injury or property damage due to a flood, you may want to contact an experienced personal injury attorney in your area.

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from Injured http://blogs.findlaw.com/injured/2017/09/top-5-legal-issues-following-floods.html
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Thursday, September 14, 2017

Starbucks Sued for Hot Tea Spill That Killed Dog

They may seem silly on the surface, but many hot coffee and tea lawsuits are no laughing matter. While it may be tempting to rhetorically wonder what temperature these customers were expecting from their drinks, they certainly weren't expecting the serious burns the boiling beverages can cause.

And most of those previous hot tea injuries didn't result in a loss of life. Sadly, that was the case for Deanna Salas-Solano, whose dog Alexander succumbed to burn injuries from a hot tea she purchased from Starbucks. And now she's suing the coffee company for burns she suffered and the loss of Alexander.

Solas-Solando's Story

According to Solas-Solando's lawsuit, the lid of the 20-ounce hot tea she ordered at a Denver drive-thru Starbucks was not secured onto her cup. She also claims the tea neither had a hot cup sleeve, nor was it double-cupped. The temperature of the cup was so hot, it burned her hands, causing her to spill the tea into her lap and giving her second-degree burn injuries to her abdomen and thighs, serious enough that she would later need skin grafts.

The spill also allegedly caught the attention of Alexander, who leapt into Solas-Solando's lap in response to her screaming. The dog was burned as well, and "ultimately succumbed to the injuries caused by the tea, dying a short time later." The lawsuit is seeking over $100,000 in damages.

Starbucks' Side

The coffee chain, for its part, says video evidence contradicts the lawsuit's claims. Denver's KDVR was able to view the video:

It shows Salas-Solano on her cellphone with her dog in her in her lap as she buys the tea.
The video also shows the hot tea did have a hot sleeve and it appears the lid was secure, though the video is not conclusive.
In the video, it's hard to tell if Salas-Solano grabs the cup by the hot sleeve or by the lid when she accidentally spilled it.
It's hard to determine if she spilled the tea because of the cup's hot temperature or because she was distracted by her cellphone use or if perhaps her dog bumped into the cup while he stood in her lap.

"[W]e don't have any reason to believe our partner (employee) was at fault," Starbucks said in a statement. "We look forward to presenting our case in court."

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from Injured http://blogs.findlaw.com/injured/2017/09/starbucks-sued-for-hot-tea-spill-that-killed-dog.html
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Tuesday, September 12, 2017

Los Angeles Settles Cyclist's Pothole Injury Lawsuit for $6.5M

Peter Godefroy was riding his bicycle on Valley Vista Boulevard in Sherman Oaks, California two years ago when struck a pothole, crashed his bike, and suffered "severe traumatic brain injury and numerous broken or fractured bones throughout his body." Godefroy sued the City of Los Angeles, claiming poor lighting and even worse maintenance led to a simple pothole becoming a "concealed trap for bicyclists."

The L.A. City Council settled that lawsuit last week, voting 11-0 to approve granting Godefroy $6.5 million in damages. It's the second such settlement this year, after the council also awarded $4.5 million to the family of a man killed after he was thrown from his bike when he hit uneven pavement in the city.

Bike Suits

Bicycle accidents are sadly more common than you would hope. And if you don't have cycling insurance (yes, those policies do exist), you may be wondering about your legal options. In a crash scenario, hopefully the other party -- whether it be a driver in their car, a business-owned vehicle, another cyclist, or even a pedestrian -- will be insured and that will cover your injuries. If not, you may have to file a lawsuit in order to recoup medical bills and lost wages.

Most cycling accidents can be treated just like car accidents: exchange insurance information with the other party or parties, document the accident and any injuries as thoroughly as possible, and consider contacting the police if there are serious injuries or property damage. And the work doesn't stop the day after an accident -- make sure to track initial ambulance or hospital bills, additional or ongoing medical expenses, and lost work or wages as well as future income.

City Liability

It may sound daunting, but you can sue city hall. You may have to file a claim of injury with the city before filing a civil lawsuit to give the city a chance to compensate you or respond to the claim, and you'll have to do so within specific statutes of limitation. If the city fails to respond or denies your claim, you can move on to a full-blown lawsuit.

As a general rule, municipalities are responsible for maintaining roadways (including bike lanes and sidewalks) so that they're safe for cyclists, and can be held liable for injuries caused by dangerous conditions on public roadways. If a city or municipal entity fails to exercise reasonable care in keeping the roadways in good repair, they can be found liable for injuries that occur. However, in order to prove a city was negligent in repairing the road, you would also need to prove the city had or should have had notice of the dangerous condition and failed to fix it.

If you're considering a bike injury lawsuit against a city, talk to an experienced attorney first.

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from Injured http://blogs.findlaw.com/injured/2017/09/los-angeles-settles-cyclists-pothole-injury-lawsuit-for-65m.html
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Monday, September 11, 2017

Judge to Allow Jury to Decide If 'Brain Dead' Teen is Alive

Jahi McMath was thirteen years old when a routine tonsillectomy went wrong and left the teen brain dead. After the surgery in 2013, she was pronounced dead, and the county coroner even signed a death certificate a month later. However, Jahi was never taken off life support. Her parents insist that she is still alive, based upon their Christian faith, regardless of the fact that she has been declared brain dead.

While Jahi has been kept on life support, her parents have pursued a medical malpractice claim against the hospital as a result of the surgery. But, unlike typical medical malpractice claims where the plaintiff is either alive and injured, or dead, the court is sending that issue to the jury to decide.

What's Life Anyway?

Jahi's mother believes that it is her duty to keep fighting for her daughter. Despite knowing that her daughter has a severe and irreparable brain injury, she sees her daughters fingers twitch, and sees her react to unpleasant smells, and this clearly give her hope for the future.

In short, whether Jahi is deemed to be alive or dead by the jury will impact the size of the potential jury verdict. If Jahi is found to still be alive, her parents will be able to seek damages for future medical care, and other damages that they would not be entitled to seek on behalf of a deceased child.

State of Life

California doctors were able to secure an order from the court to withdraw life support, however, before that could happen, Jahi was moved to New Jersey. The state of New Jersey is the only state where religious beliefs that do not accept brain death as actual death will prevail over medical opinion.

Jahi's current doctor testified that not only has her body not started deteriorating, but that she has started puberty and even began menstruation. He testified that she is in a "minimally responsive state."

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from Injured http://blogs.findlaw.com/injured/2017/09/judge-to-allow-jury-to-decide-if-brain-dead-teen-is-alive.html
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Wednesday, September 6, 2017

Can I Sue for a Heatstroke Injury?

Heatstroke is one of the more common causes for injuries over the summer. It occurs when a person's body temperature rises above 104 degrees due to sun/heat exposure. A person suffering from heatstroke requires immediate medical care. If left untreated, it can damage a person's brain, heart, kidneys, and muscles.

Fortunately, individuals can usually prevent heatstroke by finding ways to cool down before it's too late, such as finding some shade, hydrating, even jumping in a pool, or just taking a shower. However, it is not always possible to prevent heatstroke, and sometimes, another person, or business entity, could even be liable for it.

Below, you'll find three examples of when a person might be able to sue due to a heatstroke injury.

1. Employees Without Climate Control

In the employment context, employers are required to maintain safe working conditions for their employees. In non-climate control environments, this requires ensuring employees have sun protection, the ability to stay hydrated, and are able to get relief from the heat. Even when an employer makes every effort to prevent employees from suffering a heatstroke, if it happens on the job, the employee will likely be able to qualify for workers' compensation.

2. Kids and Supervision

When children play outdoors during the summertime, generally, whoever is supervising the children could potentially be liable if a child is injured due to overheating in the sun. This is due to the fact that preventing it is as easy as making sure kids drink water and don't stay in the sun too long.

During heat waves, schools will often hold recess indoors to mitigate this risk. Day care facilities, after school programs, recreational sports coaches, schools, and even individual babysitters and other parents can be held liable if a child in their care is injured.

3. Outdoor Activities and Events

Businesses and event organizers can also face liability to individuals that suffer heatstroke at their events or on their premises. Generally, if there are outdoor features, or it is an outdoor event or business, consumer safety is important. Events need to make sure that there are heat relief areas that can help cool people down and help people hydrate. Businesses need to be cautious with outdoor activities and ensure they monitor, or minimally warn, consumers for heat injury.

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from Injured http://blogs.findlaw.com/injured/2017/09/can-i-sue-for-a-heatstroke-injury.html
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Tuesday, September 5, 2017

Amazon Eclipse Glasses Caused Permanent Blindness, Lawsuit Claims

The solar eclipse that crossed the U.S. on August 21, 2017 was more than just a rare event, it was an economic boon for the makers of solar eclipse viewing glasses. But Amazon, which sold millions of pairs of these glasses, is now facing a class action lawsuit as a result of at least two pairs not working.

The injured couple claims that they purchased the glasses off Amazon's marketplace in order to view the eclipse and that they used the glasses as instructed to view the eclipse. After viewing the eclipse using the glasses, they started seeing spots and experiencing pain in their eyes, headaches, blind spots, sensitivity and distortion. Sadly, the warnings about not having the proper eye-protection were not just a ploy to sell the eclipse glasses at incredible mark-ups.

Vacation Eclipses Emails

Notably, one week before the totality event, Amazon issued a recall on several types of eclipse viewing glasses due to some third-party sellers being unable to verify that the glasses were manufactured according to international safety standards. It sent emails to the affected customers warning them not to use the glasses.

Unfortunately, for the couple that filed suit, they did not see the email until it was too late. Like many other eclipse tourists, they left days ahead of the event, and Amazon's email was not received by them until August 19, just two days before the eclipse. Their lawsuit specifically states that the email was "too little, too late."

Amazon's Liability

Whether Amazon will ultimately be held liable is yet to be seen. However, this case is similar, at least in legal theory, to the lawsuit filed against the online retailer as a result of the teen that suffered a severe head injury due to an allegedly defective sword. When it comes to product liability claims, a court can hold every party that had a hand in distributing or making the product liable.

The couple suing here are seeking refunds for the eclipse glasses, as well as compensation for past and future medical expenses and lost wages, and other losses (likely including pain and suffering). Interestingly though, the couple has only gone after Amazon, and not the actual manufacturer of the glasses.

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from Injured http://blogs.findlaw.com/injured/2017/09/amazon-eclipse-glasses-caused-permanent-blindness-lawsuit-claims.html
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Friday, September 1, 2017

Knott's Berry Farm Faces Second Log Ride Injury Lawsuit

Five-year-old Charles Miller was sitting in his father's lap on the Timber Mountain Log Ride at Knott's Berry Farm in California when the ride came to a screeching halt after the last drop. According to a lawsuit filed against the theme park by his father, Miller flew forward, forcing his head to be "sandwiched between his father and the back of the seat causing an orbital blowout." Miller suffered a fractured eye socket, and the lawsuit claims Knott's Farm negligently maintained the ride.

It turns out this is not the first problem with the log ride or the first lawsuit filed against the park: the family of a 6-year-old girl settled with Knott's Berry after she broke a bone above her right eye hitting her head on the ride, and the Miller suit cites ten other examples where guests were injured in similar incidents.

Improper Water

The problems for the log ride allegedly occur on the final descent into a large pool of water. According to the lawsuit:

[T]he water sensing system for the Timber Mountain Log Ride was not properly monitoring the water level on the ride, especially at the bottom of the last drop, where there was improper water for proper braking, which increased the deceleration experienced by the guests in the log and contributed to their being injured by being thrown against the log's interior components.

The suit also claims the California Division of Occupational Safety had previously inspected the ride, made Knott's Berry Farm aware the water sensing system was not working properly, and that the ride was operating out of compliance for almost two years.

Contemptible Conduct

"The conduct of the Defendants was so vile, base, contemptible, miserable, wretched and loathsome," the lawsuit claims, "that it would be looked down upon and despised by ordinary decent people." Along with compensatory damages for the child's injuries, the suit is also asking for punitive damages against Knott's Berry Farm as well as attorneys' fees.

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from Injured http://blogs.findlaw.com/injured/2017/09/knotts-berry-farm-faces-second-log-ride-injury-lawsuit.html
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