Thursday, March 29, 2018

Man Sues for Rat Bite at Disney's Magic Kingdom

The Magic Kingdom is not so magical when you get bitten by a rat while visiting. Unless it turns you into a princess or cooks you a seven-course dinner -- then it's still magical. Unfortunately for one park-goer, his rat bite ended in medical bills and disfigurement instead of riches and a crown. Now he's suing Disney for damages as a result.

A Rat Run Amok

According to the lawsuit filed on March 19, Galen Haldeman, 59, and his wife Carol had just ridden the Buzz Lightyear ride when he was bitten by a rat in a nearby store. Other patrons yelled, "Rat!" before the large rodent jumped onto the wheel of Carol's wheelchair. Haldeman claims that just as the rat was about to bite his wife's arm, Haldeman pulled it off the chair. That's when it bit one of his fingers. Haldeman says he had to twist the rat's neck to get it off of him.

Unsafe Conditions

The Haldemans are suing Walt Disney Parks and Resorts for negligence. In a negligence claim, the plaintiff has to prove, among other things, that the defendant violated a duty of care owed to the plaintiff. In this case, Haldeman argues that the company "violated its duty to keep its park clean and safe by allowing conditions to get to the point where rats were inhabiting the park and were even bold enough to come out openly, among people."

Haldeman claims that the rat bite resulted in disfigurement, mental anguish, medical bills, physical handicap, and other problems. He's suing for more than $15,000 in damages.

If you've been injured and think someone else may be at fault, contact a lawyer to find out what types of options you might have in terms of compensation.

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Wednesday, March 28, 2018

Jury Awards $3M in AndroGel Heart Attack

Most drugs have some type of negative side effect. But you usually know what those side effects are and decide that the medical benefits outweigh those risks. So, if you're not told what the risks are, you can't make that analysis.

In a recent case out of federal court, a man claimed that a drug manufacturer misrepresented the risks of his medicine, and he found out the hard way when he suffered a heart attack. Although the jury didn't agree with all of his claims, they did decide that the company was negligent and awarded him millions.

Testosterone and Heart Attacks

For almost five years, the plaintiff in the civil suit, Jesse Mitchell, used AndroGel, a testosterone replacement drug made by the pharmaceutical company, AbbVie. In 2012, he suffered a heart attack. In his lawsuit, Mitchell argued that Abbvie failed to adequately warn him about the risks of taking AndroGel. His case included claims of negligence, strict liability, and fraudulent misrepresentation. The jury only agreed with his negligence claim.

Strict liability vs. Negligence

Strict liability and negligence are both legal theories used to show that someone is responsible for the plaintiff's injuries. With negligence, you have to show that the defendant was at fault because they, among other things, failed in the duty of care they owed the plaintiff. With strict liability, you don't have to show fault. Usually, it's a matter of showing that the product they manufactured or sold had some unreasonably dangerous defect.

A Second Trial

This case was actually the second AndroGel trial for Mitchell against Abbvie. The jury in the first trial awarded Mitchell $150 million, but the judge in that case threw the verdict out, saying it was "logically incompatible," and ordered a new trial. With the finding of negligence in this trial, the jury decided that Abbvie owed Mitchell $200,000 in economic and non-economic damages related to his heart attack, and $3 million in punitive damages.

If you've been injured by a drug or medical device, you should speak to an attorney to discuss your options for compensation.

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from Injured http://blogs.findlaw.com/injured/2018/03/jury-awards-3m-in-androgel-heart-attack-3.html
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Tuesday, March 27, 2018

Women in Peeping Tom Bathroom Case Don't Need to Reveal Identity

It's creepy to find out that a bathroom you used had a camera in it. And, if you did find out that there were recordings, you'd want people held responsible for this invasion. Well, that's how a number of women felt after finding out that a bathroom they had visited contained a spy cam. Although their claims were initially dismissed, a New Jersey appeals court revived their claims when it ruled that the women aren't required to identify themselves in the footage to prove their case.

The Invasion of Privacy

In late 2009, Teodoro Martinez, a former janitor at an office building in Somerset, New Jersey, was charged with invasion of privacy after it came to light that there was a surveillance device -- which made visual and audio recordings -- in the ceiling of a women's bathroom. When police searched Martinez's home, they found 8 hours of recordings that had been gathered over the past year, as well as more surveillance devices. Martinez was released on bail and fled the country.

In 2011, over 60 women filed a lawsuit against CRS Janitorial Services (Martinez's employer), I&G Garden State (the owner of the building), and Planned Cos (the security company). The superior court judge ruled against 35 of these women at summary judgment, finding that a look at the video would be necessary in order to prove that they were filmed. Three of the women were able to obtain reinstatement of their claims, 30 women appealed the decision, and the rest of the women agreed to a settlement in 2016.

The Appeals Court's Reasoning

The appeals court disagreed with the lower court, and instead found that it wasn't necessary for the women to view the surveillance video in order to prove that Martinez had spied on them. Judge Clarkson Fisher, who wrote for the three-person panel, stated that making the women to "brandish the smoking gun of an intrusion -- an actual image of the event" would give too much protection to the perpetrator and not enough to the victim. The opinion also stated that "[a]n injury logically results from the mere learning of an intrusion notwithstanding the lack of actual recordings."

The judge also said that if there was a requirement where a victim would have to show proof of a recording to assert this type of claim, it "would excuse the conduct of those tortfeasors who delete, secrete, or destroy once-captured images before being caught." Similarly, it could also potentially excuse offenders who violate a victim's privacy without recording anything.

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from Injured http://blogs.findlaw.com/injured/2018/03/women-in-peeping-tom-bathroom-case-dont-need-to-reveal-identity.html
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Woman Loses Slip and Fall Case Against Walgreens

People can slip and fall for a variety of reasons, from being careless to encountering a hazard on the ground. Sometimes if people fall because there was a hazard present, they may be able to recover for their injuries. This is because businesses have a general duty of care to keep people reasonably safe while they're on the business's premises. But, in order to succeed in this type of lawsuit, a plaintiff must prove that the business was at fault.

Since one woman who fell in an Indiana Walgreens was unable to prove this, the 7th Circuit Court of Appeals affirmed a lower court's decision to grant Walgreens' motion for summary judgment.

The Reason for the Lawsuit

Robin Austin slipped and fell at a Walgreens store in Hebron, Indiana, which resulted in a broken kneecap. According to her deposition, Austin said that she didn't see anything on the floor but that her foot hit something wet so she assumed there was water on the floor.

Employees and patrons who assisted Austin after she fell testified that they didn't see any water -- or anything else -- on the floor where she fell. A friend of Austin, however, testified that she saw "water everywhere" when she arrived at the store approximately 7 minutes after the fall, and took various photos of this water. Paramedics who arrived at the scene also indicated that Austin told them that she had slipped in water.

The Reason for the Court's Decision

The U.S. District Court for the Northern District of Indiana granted Walgreens' motion for summary judgment, and the 7th Circuit Court of Appeals affirmed the decision. The appeals court held that while Walgreens owed Austin a duty to exercise reasonable care for her protection while at the store, Austin failed to prove that Walgreens knew that there was water on the floor.

For this reason, Austin didn't prove that Walgreens breached its duty of care to her. More specifically, the court held that Austin didn't present any evidence to show how long the alleged hazard was on the floor and instead relied on speculation to suggest that the alleged hazard was present for a significant amount of time before she fell. And, according to the court, "Speculation does not defeat summary judgment."

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from Injured http://blogs.findlaw.com/injured/2018/03/woman-loses-slip-and-fall-case-against-walgreens.html
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Monday, March 26, 2018

How Much Is Your Pedestrian Accident Claim Worth?

It's hard to tell with certainty how much a personal injury claim will be worth. It will usually depend on a variety of factors such as the amount of monetary loss that has occurred as a result of the injuries, the extent of the injuries, and the nature of the accident, just to name a few. It can also depend on your fault (if any) in the accident.

In the case of a car accident that involves a pedestrian, for example, it's likely that there will be significant injuries to the pedestrian. So, how much would a pedestrian accident claim be worth? While the answer will always depend on the specific circumstances of the accident, there are some common factors that will influence the amount a pedestrian can recover.

Common Compensation for Pedestrian Accidents

The most common type of compensation a person can receive after being injured in an accident, whether it's a pedestrian accident or other type of accident, is reimbursement for your medical bills. Since a pedestrian is usually likely to have serious injury if involved in a car accident, it's safe to assume that there would be hospital bills and subsequent visits to the doctor. These expenses can usually be included in the insurance claim that you'd file after an accident. Depending on the severity of your injuries, and the impact of them on your life, it may be possible to receive money for lost wages as well.

A Lawyer Could Be Your Best Resource

While an attorney will not be able to tell you exactly how much your pedestrian accident claim is worth, a legal professional will usually have experience with similar claims. It can also be helpful to have an attorney at your side when dealing with an insurance company, since the attorney will have more knowledge of your legal rights. Finally, if you've been injured in a pedestrian accident, you'll want to focus on getting better, and getting legal help with your claim can leave you the energy to focus on your health.

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from Injured http://blogs.findlaw.com/injured/2018/03/how-much-is-your-pedestrian-accident-claim-worth.html
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Wednesday, March 21, 2018

Cyclist Sues for Injured in Florida Bridge Collapse

On March 15th, the Florida International University pedestrian bridge collapsed, killing six people and injuring nine people. And, the first lawsuit relating to the tragedy has been filed, and it's likely that more lawsuits will follow. A lawsuit has been filed by a bicyclist who was injured as a result of the bridge collapse.

The Allegations of the Complaint

According to the complaint, the cyclist, 24 year old Marquise Rashaad Hepburn, was riding under the bridge when a 174-foot span of the bridge fell onto traffic below. In an attempt to avoid the falling concrete, a driver swerved and ended up hitting Hepburn's bicycle. The complaint claims that the companies who designed and constructed the bridge "drastically deviated" from safety protocols.

The lawsuit, claiming negligence, names the following companies as defendants:

  • FIGG Bridge Engineers and Munilla Construction Management -- the company that designed and constructed the bridge;
  • Bolton Perez & Associates -- the company that provided engineering and inspection services for the bridge; and
  • Louis Berger U.S. -- the company that was responsible for performing a secondary review of the bridge's design

While these companies haven't commented on the lawsuit, they've all indicated that they're pledging to cooperate with investigators. The Florida Department of Transportation and the National Transportation Safety Board are investigating the bridge collapse, and the Miami-Dade Police Department has also indicated that they are launching a criminal investigation.

How the Tragedy May Have Been Prevented

The complaint states specific actions that could've possibly prevented the tragedy that resulted from the bridge collapse. One action that could've been taken, according to the complaint, was to re-route traffic while stress tests were being performed on the afternoon of the bridge collapse. The lawsuit also notes a voicemail left for a Florida Department of Transportation official on March 13th where the project's lead engineer didn't seem too concerned when describing that cracks were visible in the bridge.

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from Injured http://blogs.findlaw.com/injured/2018/03/cyclist-sues-for-injured-in-florida-bridge-collapse.html
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State Exempt From Lawsuit in Wrongful Death Case, Wyoming's Highest Court Rules

It's unfortunate when someone dies as a result of an accident. But, it's even more tragic when it seems like the accident could've been prevented. For example, when a 7-year-old girl was killed by a driver who had a valid driver's license despite also having a visual handicap, it would seem like the license issuing authority should be held responsible. Well, according to the Wyoming Supreme Court, the state transportation department is exempt from being sued for wrongful death.

The Case that Led to This Decision

In 2015, Sandra Pennock, who was 78 at the time, was driving through Riverton when she hit Sophia Archer, who died as a result of the accident. Pennock had glaucoma in one eye and her other eye was a glass eye, but was driving with a valid driver's license as she had successfully completed a Wyoming Department of Transportation (WYDOT) eye exam. Although Pennock indicated that she never saw the girl, she plead guilty to vehicular homicide and was sentenced to one year in jail.

Why the Family Sued the Government

Sophia's family filed a wrongful death lawsuit against Fremont County School District No. 25, the City of Riverton, WYDOT, and employees of these agencies. However, a district court judge dismissed the wrongful death claims in 2016. The district court judge ruled that WYDOT and the City of Riverton were protected from the family's legal action under the Wyoming Governmental Claims Act, which grants the government immunity from most civil lawsuits. This Wyoming law provides certain exemptions (such as for the improper operation of electricity, water service, or gas), but generally prevents local and state agencies from lawsuits for damages.

The family appealed the decision to the Wyoming Supreme Court, but that court agreed with the district court's ruling. Although the Wyoming Supreme Court stated that the eye exam administered by WYDOT "would have been impossible for [Pennock] to pass," the court ruled that the eye exam was not exempted from the law. The Archer family argued that since Riverton provided the crosswalk where Sophia was killed, it served as a public utility.

The Wyoming Supreme Court disagreed, stating that "providing a crosswalk is not a public service for which the state Legislature chose to waive governmental immunity." The court additionally noted that the state law specifically protects the government from liability when there are defects in the design of roads.

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from Injured http://blogs.findlaw.com/injured/2018/03/state-exempt-from-lawsuit-in-wrongful-death-case-wyomings-highest-court-rules.html
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Tuesday, March 20, 2018

Uber's Self-Driving Car Kills Pedestrian: What Are the Legal Consequences?

You don't have to be a complete control freak for the idea of self-driving cars to terrify you. And even if the technology would actually make our roads safer in the long run, a new tragedy out of Tempe, Arizona involving a pedestrian is sure to ignite another round of debates over the wisdom of allowing these test vehicles on our roads just yet.

An Uber test vehicle, driving in autonomous mode, hit and killed a pedestrian in Tempe on Sunday. Although there was a safety driver at the wheel and the pedestrian, Elaine Herzberg, was crossing the street outside of a crosswalk, the accident could have serious legal consequences for the company.

Uber Suspends All Testing

After what appears to be the first time an autonomous car has killed a pedestrian, Uber suspended its self-driving vehicles in all cities where they're operating, including Tempe, Toronto, San Francisco, Phoenix, and Pittsburgh. The company is cooperating in the investigation, and the plethora of cameras on the car -- including the one pointed at the driver -- are sure to be useful evidence as investigators try to determine what went wrong.

Possible Legal Consequences

As local police and the National Transportation Safety Board investigate the incident, many are naturally questioning the safety of the program. Maybe these cars shouldn't be on our roads until they've been tested even more. Others argue that autonomous cars are still safer than those operated solely by humans. This is, after all, the first death caused by a self-driving car.

In this case, both the human and the company may face legal consequences. The safety driver, although not appearing to be impaired, could be held legally responsible for not intervening when conditions became unsafe for the pedestrian. However, Uber could also be held responsible, and may even face criminal charges depending on how the car accident occurred. An investigation is still ongoing, but presently police say that Uber is likely not at fault given the facts that have emerged. Apparently, the collision would have been difficult to avoid even if a human had been driven.

While you may not have had a run-in with an driverless vehicle, any type of accident that causes injuries should be investigated. Contact a local attorney to ensure your interests are protected, no matter the circumstances.

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from Injured http://blogs.findlaw.com/injured/2018/03/self-driving-uber-car-kills-pedestrian.html
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Monday, March 19, 2018

Officers to Blame for Drunk Boating Death

If someone gets drunk while cruising around in their boat, runs from the authorities, and kills an innocent boater nearby, you'd expect that genius to get serious jail time. But you might not think of punishing the officers who chased him as well.

In a wrongful death case out of Mississippi, two officers have been found reckless for their part in the accident, and the state supreme court just approved it. Now, nine years after the tragedy, the family of the deceased boater may actually receive some compensation from that case.

Officers Acted With "Reckless Disregard"

In August 2009, Donald Bernius slammed his boat into that of brothers Christopher and Shane Webb, killing the former and permanently injuring the latter. Two hours later, Bernius' blood alcohol level was still more than three times the legal limit.

Just before the accident, two officers stopped Bernius for speeding. But rather than prohibiting him from operating his boat, they instructed him to follow them from the curve in the river to the open water so they could examine him and his boat. Instead, Bernius sped off in the opposite direction and eventually crashed into the brothers' boat.

In 2014, a judge found that the Mississippi Department of Wildlife, Fisheries and Parks officers, Michael Thrash and Barry Delcambre, acted with reckless disregard when they allowed the drunk man to continue driving his boat against department policy. And although an appeals court reversed the decision, the Mississippi Supreme Court reinstated the original ruling against the officers. Both men are still employed by MDWFP.

Judge Reinstates Award to Boater's Mother, Brother

With the initial finding of the officers' recklessness, the judge awarded $100,000 to Christopher Webb's mother, and $1.4 million to his brother, Shane. However, due to a cap on damages the state has for civil suits, those amounts were reduced to $466,667 and $33,333 respectively. Now that the state Supreme Court has reinstated the original ruling and award, the family may actually see some of that money - most likely a small consolation at this point, given their tragedy.

If you've sustained injuries in an accident, it's not always clear who should be held responsible. Be sure to check with an attorney before you pursue compensation.

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from Injured http://blogs.findlaw.com/injured/2018/03/officers-to-blame-for-drunk-boating-death.html
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Friday, March 16, 2018

Woman Loses Injury Money After Fitness App Revealed Workout Routine

Social media has allowed people to connect with friends and family members across the world. You can now see updates to people lives with the click of a button. But, it's important to remember that it's not always only friends and family members that see what's going on in your life.

For example, if you call in sick to work but then end up posting pictures of yourself at a baseball game in the middle of the day, you risk having someone at work find out about it. Along similar lines, if you claim an injury and you receive money based on that injury, it's a good idea to keep your physical activities offline. Just ask a woman who lost her injury payouts once her insurance company noticed her exercise records online.

Sharing Information Online Can Have Unintended Consequences

The Danish woman, whose name wasn't disclosed, had been posting her workout records online using a fitness app named Endomondo. The problem was that she was claiming payments from her insurance company since 2008 for a whiplash injury. Once the insurance company noticed the data relating to her workouts posted online, it decided to slash her payments.

This incident is being publicized by 3F union, a Danish trade union. It stated investigators from the insurance company used the workout records from the fitness app to prove that the woman wasn't actually unable to work. The insurance company also used other postings and photos the woman posted online to build a fraud case against her. The union used this case to warn its members to be mindful with their personal data as it can be used against them in unexpected ways.

If you're involved in an injury lawsuit, there are certain common sense social media rules you should follow. Be sure to ask your attorney for advice before sharing data with apps or on social media.

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from Injured http://blogs.findlaw.com/injured/2018/03/woman-loses-injury-money-after-fitness-app-revealed-workout-routine.html
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Thursday, March 15, 2018

NYC Helicopter Pilot Sued for Negligence After Fatal Crash

It's tragic when people die in an accident, but even more upsetting when you feel that the tragedy could've been avoided. Nancy and Jerry Cardigan, the parents of one of the victims who died in a helicopter crash in New York City's East River, feel that negligence led to their son's death. So, they have filed a lawsuit against the helicopter pilot and the tour company.

How Did This Tragedy Occur?

Five passengers and a helicopter pilot went up in a helicopter on Sunday to take photos. Unfortunately, the helicopter crashed into the East River and everyone, except the pilot, drowned. According to officials, the passengers were tightly harnessed into their seats because the doors had been left open so they could get better photos. The pilot was able to free himself from his harness, but the passengers remained harnessed, and ended up drowning when the helicopter flipped over and submerged into the water. Officials said that the open doors led to the helicopter being filled up with water quickly.

The pilot told investigators from the New York Police Department that "a passenger's harness somehow got wrapped around the fuel shut-off switch, accidentally cutting off the fuel supply to the helicopter and resulting in engine failure." However, the Cardigans' lawyer, who has been specializing in helicopter crashes for 37 years, said that explanation sounded unlikely. The lawyer also stated that "open door helicopters are death traps."

Holding People Responsible for Being Negligent

In their lawsuit, the Cardigans are claiming that the pilot not only failed to give the passengers a proper safety briefing, but also was "careless in failing to take reasonable steps to extricate the passengers" after he was able to free himself from the harness. The Cardigans are also claiming that Liberty Helicopters "failed to prepare the passengers properly in the event of a crash and that the company did not provide adequate maintenance on its helicopter to keep it from tipping over."

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from Injured http://blogs.findlaw.com/injured/2018/03/nyc-helicopter-pilot-sued-for-negligence-after-fatal-crash.html
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Wednesday, March 14, 2018

Fertility Clinic Sued After Freezer Meltdown

There are few desires as primordial and existential as the desire to have children and start a family. For some, it only takes a few tequila shots and a Marvin Gaye album. For others, the long process of freezing their eggs or embryos provides the only hope of having their own biological children someday.

In the latter scenario, people entrust their eggs and embryos to a fertility clinic. In a devastating case out of Ohio, couples are suing a fertility clinic near Cleveland after a meltdown occurred in one of its tanks, damaging thousands of eggs and embryos contained inside. As one of the lawsuits contends, the clinic "destroyed the hopes, dreams, and futures of hundreds, if not thousands of prospective Ohio parents and families."

What Happened at the Clinic?

Generally, some women freeze their eggs for future use because they are not ready or able to start a family. Others do so to preserve their eggs before undergoing treatment for illnesses such as cancer. Similarly, some couples choose to have their eggs fertilized, with the resulting embryo frozen for later implantation. The process is often long, meticulous, and expensive.

The meltdown in this case occurred at Ahuja Medical Center, a fertility clinic in Beachwood, Ohio. Over the weekend of March 3rd, a liquid nitrogen storage tank experienced fluctuations in temperature causing the eggs and embryos contained in that tank to thaw. This rendered approximately 2,000 eggs and embryos unviable for later use. Unfortunately, there were no employees on-site at the time, and an off-site monitoring program did not alert staff to the problem. Employees discovered the alarm on Sunday when they returned to the clinic.

The Lawsuit Against the Fertility Clinic

Hundreds of clients have been affected by the fertility clinic's meltdown, and multiple couples have already filed lawsuits against the medical center. Their complaints include allegations that the clinic acted negligently and breached their contracts with the clients.

The couples argue that the clinic acted negligently by failing to maintain the appropriate temperatures required for their eggs and embryos, and that their storage and alarm systems were insufficient to guard against this type of event. The complaints also outlines the costs -- physical, financial, and emotional -- of having one's eggs or embryos frozen, and the devastation of having lost their "future children." The lawsuits do not specify the exact amount of damages the couples are seeking.

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from Injured http://blogs.findlaw.com/injured/2018/03/fertility-clinic-sued-after-freezer-meltdown.html
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Tuesday, March 13, 2018

Cryotherapy Injury: When to Sue

One of the newest health treatments that celebrities are going crazy for is cryotherapy. Since celebrities are often an example for the rest of us non-celebs, it's no surprise that cryotherapy is being used by "regular" people as well. But, what exactly is cryotherapy? And, if you end up with injuries, can you sue?

What Is Cryotherapy?

Cryotherapy involves standing in a chamber with air that's chilled from anywhere between -150 to -290 degrees Fahrenheit for about three minutes. And, why would anyone want to do this? Well, it supposedly has various benefits. Some of the purported benefits of cryotherapy include getting better sleep, relieving pain, improving athletic performance, and helping with depression. It's reported that people can experience different effects from the experience ranging from feeling energized to feeling more relaxed.

Liability for Injuries From Cryotherapy

Considering the nature of cryotherapy, it seems likely that there's a potential for sustaining injuries from it. And, you may assume that the company providing the cryotherapy would be liable for injuries. However, when participating in any activity, there's something called the assumption of risk. This legal defense means that that if you go skiing, for example, you're accepting the inherent risks of sustaining certain injuries without it being anyone else's fault. It's important to note, however, that if your injury is a result of someone else's error or negligence, it's generally not considered an assumption of risk.

In the case of cryotherapy, if someone is injured because a staff member did something wrong, then that goes beyond assuming the risk of entering into a freezing chamber. For example, one woman is suing a Dallas cryotherapy center claiming that because a staff member gave her wet gloves, it froze her arm. Similarly, a woman in Westchester is suing Equinox and Nordic Cryotherapy claiming that a botched treatment left her with severe frostbite injuries.

How the courts will decide on cryotherapy injuries is yet to be seen. But, in the meantime, if you suffer an injury during a cryotherapy treatment, it's a good idea to discuss the circumstances of your injury with a personal injury attorney to see there's a potential for recovering damages.

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from Injured http://blogs.findlaw.com/injured/2018/03/cryotherapy-injury-when-to-sue.html
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