Facebook Content Moderator Developed PTSD, Suit Claims

It is no secret that Facebook users upload thousands of videos and images each year that are filtered out, based on obscenity and decency guidelines. Just like there's no tooth fairy, there's no content fairy.

Almost all of Facebook's uploaded content is screened by contracted content moderator workers, and some of them have been emotionally scarred by what they have been forced to view. As a result, one content moderator, Selena Scola, has filed a lawsuit claiming she is suffering from psychological trauma and post-traumatic stress disorder because she was not properly protected by Facebook, as promised in its corporate guidelines.

Facebook Failed to Maintain a Safe Workplace

In the lawsuit, Scola claims that during her nine months working as a contracted content moderator, she was bombarded with "videos, images and livestreamed broadcasts of child sexual abuse, rape, torture, bestiality, beheadings, suicide and murder." Scola is suing Facebook and its contracting company, Pro Unlimited, for negligence and failure to maintain a safe workplace. The law firm representing Scola hopes to turn this class into a class action, pending judicial approval.

Self-Censorship Has High Emotional Cost to Moderators

Facebook and other internet service providers volunteered to self-censor uploaded content back in 2008. They also created standards for training, counseling and supporting these content moderators. Most other internet service providers have done an adequate job, according to the lawsuit, so Facebook should be able to as well, but hasn't even followed the guidelines it helped to create.

Like Facebook, some internet service providers have had issues with PTSD and content moderators. Last year, two Microsoft content moderators sued over the same allegations. According to the lawyer in that case, "It's bad enough just to see a child get sexually molested. Then there are murders. Unspeakable things are done to these children." The plaintiffs in that case had been moderators for years, and their condition deteriorated to the point that they couldn't look at their own children, or even be out in public without suffering panic attacks. That lawsuit is still being debated.

But perhaps Facebook has taken on more than it can bear. With over 2 billion uploads in over 100 languages every day, there is a lot of content to manage, even if pre-screened by artificial intelligence and algorithms. Since 2017, the company has increased its stable of moderators form 3,000 to 7,500, but not only are these moderators still overburdened, but they are also exposed to potential psychological problems. And according to some experts, using contractors, as opposed to employees, heightens the potential that Facebook is unaware of the harm it is imposing on the contractors until it is too late. If these roles are outsourced to contractors, it's going to be even harder for Facebook to monitor moderators' working conditions and mental health.

If you or someone you love has suffered from exposure to graphic content as a content moderator, contact a local personal injury attorney, who can review the facts of your case, and help you decide on a legal strategy. You may be entitled to compensation, and may not need to pay any attorney fees to find out.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Microsoft Workers Sue for Porn, Murder Exposure PTSD (FindLaw Injured)
• Darkweb Child Porn Moderator Sentenced to 20 Years Behind Bars (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/09/facebook-content-moderator-developed-ptsd-suit-claims.html

Newborn Wrongful Death Lawsuits

Melanie Sanders was born prematurely, but otherwise healthy, in August 2016. She was given a routine eye exam along with 43 other babies that month, and less than a month later she was dead. A medical journal report published last year found that Melanie was one of 23 other infants who contracted adenovirus infections while undergoing the same eye exam in Children's Hospital of Philadelphia's neonatal intensive care unit.

Melanie's family is now suing the hospital for wrongful death, alleging she went into respiratory distress and developed a fatal bacterial infection on top of the viral illness, and that negligent medical professionals are to blame.

Shocking Lack of Safety

That medical report attributed the outbreak to medical staff failing to wear gloves and clean equipment properly. "Observations revealed lack of standard cleaning practices of bedside ophthalmologic equipment and limited glove use," according to the report. All the 23 children that were infected suffered respiratory symptoms, five developed pneumonia, and 11 had eye-related symptoms. In addition to the sick infants, nine adults contracted viral infections, including six nurses and three parents.

The attorney representing the Sanders family, Shanin Specter, called the hospital's use of contaminated equipment "shocking," especially considering the patients were so less than two months old and being treated in the intensive-care unit. "By definition, they are vulnerable to serious injury or death from getting an infection," Specter noted, "and then you don't wear gloves when you do an eye exam, and you don't clean the ophthalmoscope?"

Negligence and Death

Doctors, nurses, and other health care professionals can be held liable for wrongful death if they were negligent and that negligence caused the death of a patient. Additionally, the hospital or medical group they work for, with, or in, can also be legally liable for deaths or other injuries. Additionally, hospitals are responsible for hiring their medical staff of licensed physicians and health care providers, and if a hospital employee's negligence injures a patient, the hospital itself may be held liable for the negligent acts of its employees. Therefore, if hospital staff failed to wear gloves or follow standard cleaning practices, the patient's family may be able to sue the hospital.

However, proving liability in hospital negligence or medical malpractice cases can be difficult. And tracking an infection and its cause is tricky, if not impossible. Which is why the report issued in response to the viral outbreak at Children's Hospital may be essential evidence in this case.

If you're considering a wrongful death lawsuit against a doctor or hospital, contact an experienced medical malpractice attorney first.

Related Resources:

• Find Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Low-Ranking VA Hospital Sued for Wrongful Death (FindLaw's Injured)
• Hospital Sued for Deaths Linked to Mold Outbreak (FindLaw's Injured)
• 440K Preventable Hospital Deaths Per Year: Study (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/newborn-wrongful-death-lawsuits.html

Can You Sue for Accidents Caused by Road Bumps?

Having a bad day? It's just a bump in the road. But what if that bump in the road flips your Harley Davidson on top of you, resulting in life altering injuries? Can you sue the government? That's one question Dallas Fisher, a South Carolina resident would like to have answered. He is suing the federal government for $1.7 million after nearly dying in a motorcycle accident when he hit a bump on the Blue Ridge Parkway two years ago. Approximately 14 people die each year on that stretch of dangerous road, and Fisher wants that to end.

Who Owns and Controls the Road?

The first question to figure out is who can you sue? Who owns and controls the road? Generally, local streets are maintained by local government, state routes by the state government, and interstate highways are repaired with federal dollars given to the states. In many interstate highway cases, it may get a little murky who to sue, depending on the location of the faulty road. In Fisher's case, it was a federal highway leading towards a federal park, so clearly the federal government is the targeted defendant.

Step One: File a Claim Immediately

In a lawsuit against a government entity, the first thing you must do is file a claim. This is almost always required before filing a suit against the government. Claim requirements vary greatly, but one thing they have in common is a short statue of limitations, usually 60 days or less. The general public policy for this requirement is that the government wants to know quickly if there is a faulty roadway so that they can fix it quickly, before someone else gets hurt.

Step Two: Filing a Negligence Lawsuit

If your claim is not successful, your next step is to sue the government for negligence. There are a number of different negligence claims you could file, depending on your accident. In Fisher's case, he sued for failing to properly install adequate traffic signs; failing to properly maintain safe roadways; and failing to properly warn of unsafe conditions in its roadways.

Again, there is a statute of limitations for filing this suit, but it is longer, up to three years, depending on the governmental entity you are suing. To prevail, you will need to prove all of the elements of your particular claim. Most negligence claims require proving that:

• The governmental entity you are suing is responsible for maintenance
• They neglected to maintain the road
• They knew or should have reasonably known that the bump was there
• The bump in the road was the cause of the accident and your resulting injuries

Dodging Sovereign Immunity

One of the harder things to navigate is sovereign immunity. Even if the governmental party you are suing is responsible, they may be free from having to pay for damages if they have exercised reasonable care in road maintenance. Meaning, they had to be exercising gross negligence. For instance, the government may be able to use sovereign immunity if they warned drivers about the bump in the road. In Fisher's case, there was a warning sign in the road, but it was 25 feet before the bump, and the standard length to warn for a bump at highway speeds is 100 feet. Also on Fisher's side is the unfortunate fact that 14 people die every year on that stretch of road, and so the government definitely should have known it was dangerous, and failing to repair it may very well be gross negligence.

Every accident is unique. If you have been the victim of an accident you believe was caused from improper road maintenance, call a personal injury lawyer that specializes in car accidents immediately. Time may be of the essence in filing a claim with the government, and failure to do so may preclude being able to file a suit. An experienced attorney will be able to listen to your facts, potentially at no cost to you, and know exactly how to proceed.

Related Resources:

• Find a Car Accident Attorney Near You (FindLaw's Lawyer Directory)
• Los Angeles Settles Cyclist's Pothole Injury Lawsuit for $6.5M (FindLaw Injured)
• Sue the Government Over Potholes, Salt Damage? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/can-you-sue-for-accidents-caused-by-road-bumps.html

Family Sues Police for Taser Wrongful Death

Police use Tasers instead of traditional guns, based on their supposed temporary infliction of pain. However, numerous police suspects have died or suffered permanent brain damage when stunned. A family in Daly City, California has sued the local police department for wrongful death after one of its officers used the Taser to subdue 38 year-old Warren Ragudo, who was suffering from a drug induced mental crisis.

Family members called the police for help that fateful night, and they witnessed the police killing the man they had asked to be saved. The local district attorney's office declares that the use was justified, and will not prosecute the officer. Therefore, the only legal recourse for the family is in civil court.

Ragudo Tased in Front of Family

Warren Ragudo was at his home on the evening of January 16, 2018. He was being highly unruly, under the influence of methamphetamine, and therefore his family called the police for help. Upon arrival, the police found Ragudo to be extremely agitated. They tried to subdue him, but couldn't. Police then Tased Ragudo in order to get him into handcuffs. Ragudo become unresponsive on the floor in front of his family. His family has video footage of the entire event. He was brought to the hospital, but pronounced dead shortly after being admitted.

Proving a Wrongful Death Suit

To prevail in this wrongful death suit, the family will need to prove that Ragudo died due to the police department's negligence or intentional act, and that the act does not qualify for immunity. The autopsy confirmed that Ragudo died from a heart attack due to his agitated mental state, prone restraint, and stun gun usage while under the influence of meth toxicity. The issue will become whether using a Taser on a delirious meth user while he is prone is authorized under the local police department's policy. If it is, the police officer can use "qualified immunity" and avoid liability.

The Proliferation of Tasers and Wrongful Death Lawsuits

According to a recent Reuters Special Report, over 1,042 people have died in the U.S. following police use of Tasers; 442 of these deaths led to a wrongful death suit against the local police department. Approximately three-fifths of those lawsuits resulted in settlement or judgment for the plaintiffs, with an average of about $1 million per case. With figures such as these, police departments may be wondering if the cost of these guns truly outweighs the benefits.

If you or someone you love has been injured as a result of Taser usage by police, contact a local civil rights attorney. Unfortunately, these incidents are not as uncommon as one might think. You may be able to seek justice and damages for your injuries.

Related Resources:

• Find a Civil Rights Attorney In Your Area (FindLaw's Lawyer Directory)
• Man Tased by Colorado Police Receives $110K Settlement (FindLaw Injured Blog)
• Can Cops Use Taser on Children? (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/09/family-sues-police-for-taser-wrongful-death.html

Is Columbia Gas Liable in the Massachusetts Gas Pipeline Explosions?

Late last week, a string of gas explosions rocked three Massachusetts towns just north of Boston. Over 60 gas fires led to one death and over 25 injuries, more than 400 people in shelters, and about 18,000 customers losing power for over three days. Hundreds of investigators are on the scene to determine what happened, but one thing's for sure: Governor Charlie Baker removed Columbia Gas as the monopolistic provider in the area, replacing it with Eversource, who will also be overseeing all restoration efforts.

But in addition to losing the business, is Columbia Gas liable for the damages resulting from the explosion?

Similarities to San Bruno, California Gas Explosions

This year alone, there have been 42 significant incidents involving gas distribution lines in the United States, according to the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA). Though there have been hundreds of gas explosions over the last decade, none was as tragic as the Pacific Gas and Electric (PG&E) explosions of 2010 in San Bruno, California, which killed eight people and destroyed dozens of homes. In that disaster, PG&E accepted liability a year later, just days prior to the case going to trial, after Federal officials declared that a faulty pipe, flawed operations and inadequate government oversight led to the natural gas explosion.

The company was ultimately convicted of six felony charges, and sentenced to a $3 million fine, a five-year probation period, independent safety monitoring,10,000 hours of community service, and multiple advertising campaigns admitting guilt and promising to do better. In September 2013, PG&E settled damages with the 501 victims, which amounted to $565 million. In April 2015, the state Public Utilities Commission imposed a $1.6 billion penalty on PG&E for causing the San Bruno explosion.

In April 2018, the utility regulators fined the company an additional $97.5 million over improper back-channel communications with their own agency following a deadly natural gas pipeline explosion. One would think that would have been enough to convince PG&E to go above and beyond to provide a safe environment for its clients. But alas, it is knee deep in lawsuits from the 2018 Northern California wildfires for which is was responsible, to the tune of about $2.5 billion, far beyond the $840 million it carries in insurance.

Columbia Gas Has Unclean Hands

The National Transportation Safety Board (NTSB) has already announced they are investigating Columbia Gas for these fires. Unfortunately for the company, this isn't the first gas explosion for which they have been responsible. There have been three others in Massachusetts, West Virginia, and Ohio. Also, another natural gas leak of a Columbia Gas pipeline was discovered in the Boston area just two days after the explosions in nearby towns. In addition, Columbia Gas pipes around the area of the explosions had recently been over-pressurized, according to the NTSB. Columbia Gas may very well be headed down the same legal path PG&E found itself in a few years ago.

If you have been injured in a disaster, whether natural or man-made, you may be entitled to compensation. Consult an experienced local personal injury attorney, who can listen to the facts of your case, and inform you if you have a legal case for damages, or if a class-action has been started on your claim. Help may be just a phone call away.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Woman Injured in Oregon Natural Gas Explosion First to File Lawsuit (FindLaw Injured)
• Asphalt Company Sued for Explosion Death (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/is-columbia-gas-liable-in-the-massachusetts-gas-pipeline-explosions.html

College Student Injured in 'Scumbag of the Week' Hazing Ritual Sues Frat

During Florida State University's Alpha Epsilon Pi chapter meetings, members select a "brother of the week" and a "scumbag of the week." Members would then spin a game-show style wheel to determine the latter's punishment, ranging from cleaning the frat's house alone, licking the chapter room floor, a free pass, or being slapped. Unfortunately for Nicholas Mauricio, he spun the last option.

Another AEPi member, Oliver Walker, stood in front of Mauricio, shook his hand, and then hit him "as hard as he could," according to witnesses, possibly with a closed fist. Mauricio was knocked unconscious, hit the floor, and was rushed to the hospital. Now he's suing his attacker and other frat leadership.

Scumbags

While there is a tendency to downplay fraternity hazing as college student hijinks, the consequences in Mauricio's case are dire. He lost a tooth from being struck, was hospitalized with a skull fracture and brain bleeds, and spent five days in intensive care at the hospital. Mauricio suffered frontal lobe damage, and, since the April incident, has experienced memory problems, migraines, and paranoia, all of which have prevented him from returning to school, according to his lawsuit.

The fraternity "owed a duty to Mauricio to act in a non-negligent manner," the suit claims. "The duty included but was not limited to ensuring that dangerous traditions that had the very real potential to be carried too far and cause serious injury were not continued."

"There seems to be no end to the hazing that occurs at fraternities despite the passage of tougher laws and the warnings from universities," Mauricio's attorney David Bianchi said. "This is yet another absurd tradition that AEPi has been carrying on for too long and no one in the leadership of the local or national fraternity cared enough to end it even though they knew it was going on." Bianchi is also representing the family of Andrew Coffey, another FSU student who died of alcohol poisoning in November during an off-campus fraternity party. Civil lawsuits often follow hazing injuries, and can be based on intentional actions, like assault, battery, and infliction of emotional distress, as well as unintended results like negligence.

Criminals?

Certain states have criminal hazing laws as well, even if they are tough to enforce. While Walker was charged with culpable negligence inflicting injury and battery in Mauricio's case, prosecutors declined to charge him with violating the state's hazing statute. Additionally, a judge tossed out felony hazing charges against members of Coffey's frat. Coffey was coerced into drinking an entire bottle of Bourbon at an off-campus Pi Kappa Phi party last year, but Leon County Circuit Judge Martin Fitzpatrick found the actions of four frat members didn't rise to the level of a felony. "The closest the State comes to such action is alleging that defendants created an opportunity for underage drinking," Fitzpatrick wrote, "and Mr. Coffey may have been encouraged to drink."

If you or a loved one has been injured in a hazing incident, contact an experienced personal injury attorney to discuss your legal options.

Related Resources:

• Browse Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• UNR's Sigma Nu Fraternity Sued for Wrongful Death of Freshman Pledge (FindLaw's Injured)
• Ex-Clemson Soccer Player Sues Over Hazing, Brain Injury (FindLaw's Injured)
• FAMU Hazing Ritual Tied to Student's Death (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/college-student-injured-in-scumbag-of-the-week-hazing-ritual-sues-frat.html

Top 5 Legal Facts About Football Injuries

Football season kicked off nationwide this month, but the focus hasn't solely been between the lines. Off-the-field controversies -- from political protests to paying college players -- have garnered just as much attention as teams' on-field clashes. And one issue that's been in football fans' and players' minds recently have been concussions, and the role leagues, athletic associations, and even doctors play in handling head injuries.

But those aren't even the only injuries football players and fans need to worry about. Here are five football-related injuries and what you need to know, legally.

1. Boy's Injury Not Helmet Manufacturer's Fault: Jury

While some people have looked to new technology to solve football's concussion problem, others have blamed old tech on past injuries. But juries have rarely found that the football helmet manufacturers can be held liable for concussions and other head injuries sustained in a violent sport.

2. New Football Controversy: Abdominal Injuries

While much of the recent focus has been, justifiably, focused on repeated hits to the head, abdominal injuries can be just as dangerous. Two high school football players passed away after taking hits to the chest or abdomen, one from a ruptured liver and another from a massive internal hemorrhage.

3. HS Football Coach's Extreme Practice Gets Him Sued

Any athletic competition carries a risk of injury. But what about practice? Yes, coaches need to prepare players for games, but when does training go too far? Probably when a high school coach uses a freshman as a tackling dummy and instructs players to break his legs.

4. Coaches Sued Over Teen's Hazing, Brain Injury

Football coaches can also find themselves in legal hot water for off-field incidents, like hazing rituals wherein players allow teammates to hit them "as hard as they could" without attempting to defend themselves. When a coach oversees such activity, and state laws prohibit hazing, they're probably getting sued.

5. 3 Unexpected Injury Hazards at Football Stadiums

It's not just football players that need to be worried about injuries, but fans as well. Navigating the stadiums, dealing with the weather, and interacting with rival fans can all prove to be dangerous.

If you've been injured playing or watching a football game, you might want to talk to an injury attorney about your legal options.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Should You Sign a School Sports Waiver? (FindLaw's Injured)
• Injured at a Sporting Event: Can You Sue? (FindLaw's Injured)
• Top 7 Questions for Sports Injury Lawsuits (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/top-5-legal-facts-about-football-injuries.html

Lawsuit Claims Negligence Against Lowe's Home Center

Brenda McMullen filed a negligence claim against Lowe's for injuries she suffered after stacked pavers fell on top of her. The case was filed in a Madison County courthouse in Indiana, but has since been moved to a federal court in Indianapolis based on interstate commerce, and the belief that damages, though currently unspecified, could reach over $75,000.

Paver Avalanche

Suing for negligence, McMullen claims that Lowe's improperly stacked and stored pavers, which fell and struck her. She sustained physical and emotional injuries, which she claim may be permanent. She continues to have physical pain and suffering. McMullen has also incurred medical bills from these injuries, which she believes will continue since she may have permanent bodily damage.

Lowe's Is No Stranger to Negligence Lawsuits

Lowe's was sued for a similar claim a few months ago in nearby Warsaw, Indiana. In that case, it was lumber boards falling on a customer instead of pavers. Lowe's may have a policy of taking all negligence claims by customers seriously, after a Las Vegas woman slipped on some watery gel coming from plants in the Lowe's nursery area. She hit her head on the fall, fracturing her skull which caused hemorrhaging. She suffered chronic neck pain and headaches, increased anxiety and depression, issues with balance and has permanently lost her senses of taste and smell. She sued for negligence. The jury empathized with the woman, and within one day of closing arguments, awarded her $13.14 million.

Slip and fall accidents are serious, and sometimes injuries one would think would heal quickly just never do. There are limits on how much time can lapse after the injury to file suit. If you have been involved in a slip and fall accident, discuss your case with an experienced premises liability attorney. Most will provide an initial consultation at no expense, and take your case on a contingency basis.

Related Resources:

• Find a Premises Liability Lawyer Near You (FindLaw's Lawyer Directory)
• 5 Biggest Recent Slip and Fall Cases (FindLaw Injured)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw Injured

from Injured http://blogs.findlaw.com/injured/2018/09/lawsuit-claims-negligence-against-lowes-home-center.html

1 Reason Why You Shouldn't Swordfight

Remember why your mother wouldn't let you get an official Red Ryder, carbine action, two-hundred shot range model air rifle with a compass in the stock and this thing which tells time for Christmas? Turns out that's also a good reason to avoid sword-fighting.

Jeremiah DuPrau learned that lesson the hard way, after he was stabbed in the eye by his sword-fighting instructor at the Milwaukie Elks Lodge in Portland, Oregon. DuPrau is suing his instructor and the lodge, claiming he is now legally blind.

Dangerous Daggers

According to DuPrau's lawsuit, he was attending his third class as a beginner student under Swordguild Portland instructor Jason Romandelle Brown when Brown called DuPrau over to volunteer as a prop to demonstrate a move for the rest of the class. Brown jutted a sword into DuPrau's eye, allegedly piercing his brain and shattering the bones of his face. DuPrau claims he is now unable to see through his right eye and retains only some of his vision in his left.

DuPrau's complaint claims both the instructor and the lodge were negligent in:

• Performing a demonstration move on Jeremiah DuPrau when it was unsafe to
  do so;
• In allowing for Jason Brown to conduct sword fighting demonstrations with
  defenseless novice students when Brown did not have the training and/or skill
  to safely conduct such demonstrations;
• In failing to provide Jeremiah DuPrau with the necessary safety equipment to
  prevent injury when performing a demonstration move; and
• In striking Jeremiah DuPrau with a sword and then penetrating his eye socket.

Cutlass Complaint

DuPrau also suffered a stroke after the sword entered his brain, according to his attorney, John Coletti, leaving the left side of his body partially paralyzed and making walking and balance difficult. "He's unable to drive, unable to ride his bike, unable to hike," Coletti added. "He actually had to give his dog away because he was unable to take care of it."

Neither Brown, the Swordguild, nor the Elks Lodge have responded to the lawsuit, which is seeking $9 million in economic and noneconomic damages. Now word on whether DuPrau signed a liability waiver.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Medieval Times Sued Over Newlywed's Eye Injury (FindLaw's Injured)
• Parents Sue Sword Maker After Teen's Traumatic Head Injury (FindLaw's Injured)
• Parents Sue Amazon and a Teenager for Sword Related Head Injury (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/1-reason-why-you-shouldnt-swordfight.html

Tesla Sued by Driver Over Autopilot Crash, Broken Foot

In yet another Tesla Autopilot crash, Heather Lommatzsch filed suit against Tesla in a Utah state court for negligence, among other claims. She crashed her Tesla Model S into a fire engine in May 2018 while Autopilot was on and she was looking at her phone. Lommatzsch was under the erroneous impression that the car would safely stop on its own if another object, like a fire engine, was in its way. She broke her foot in the accident, but also claims she has lost "the pleasures and enjoyment of life and physical impairment."

Tesla Autopilot -- Unsafe at Any Speed?

In 2015, Tesla rolled out its Autopilot program, which, when engaged, automatically takes on all of the car's breaking, steering, and lane switching duties. But due to multiple Tesla crashes, including two that were fatal, the Autopilot program apparently does not always do its job adequately. Lommatzsch claims that Tesla was negligent in putting a defective product on the market that doesn't do what it claims to do: avoid accidents. Also, she is is suing for failing to warn Tesla owners that it doesn't, in fact, avoid accidents.

To prove defective product, the plaintiff will need to prove that Tesla's Autopilot doesn't drive the car safely. And this may very well be proveable. Though Tesla has repeatedly claimed that its Autopilot feature reduces crash rates by 40%, this may be fake news. According to NHTSA, there is very little scientific data to back that claim. Many other competitors have similar technology, yet they have not rushed to put their product on the market. Plaintiffs may dig deeper into this, and find that there is a viable reason why the competitive landscape for self-driving cars is so desolate.

Autopilot Not Synonymous With Autonomous

Regarding failure to warn, Tesla claims that it has repeatedly stated Autopilot does not shift blame for accidents from the driver to Tesla. In fact, Elon Musk has been quoted as saying "The onus is on the pilot to make sure the autopilot is doing the right thing ... We're not yet at the stage where you can go to sleep and wake up at your destination. We would have called it autonomous ... if that were the case."

But saying it doesn't necessarily make it so. Drivers quickly get into the habit of paying very little attention to the road, lulled into being a passive passenger rather than an active driver. And it's possible, according to other companies in the driverless car space like Google and Zoox, that Tesla should have seen this coming.

If you or someone you love, has been involved in a Tesla crash with the Autopilot engaged, contact a local personal injury attorney, who can review the facts of your case, and provide you with sound legal guidance and recommend best next steps.

Related Resources:

• Find a Local Personal Injury Attorney (FindLaw's Lawyer Directory)
• Tesla Model S Autopilots Itself Into a Parked Police Car (FindLaw Legal Grounds)
• Tesla Pushes Back Requests for Crash Data (FindLaw Technologist)

from Injured http://blogs.findlaw.com/injured/2018/09/tesla-sued-by-driver-over-autopilot-crash-broken-foot.html

3 Legal Questions to Ask Before Surgery

Having surgery is a major life event. Whether it is elective or life-dependant, minor or major, wanted or not, every surgery carries risk. Risk of failure, lengthy recovery, and even risk of death. Assuming you have done your due diligence choosing a surgeon, here are three legal questions to ask before going under the knife.

1 What Is the Exact Surgical Procedure That Will Be Performed?

You may have been too nervous the first few times you spoke to your doctor about your upcoming surgery. And who would blame you? Maybe you're nervous. Or excited! Be sure you clearly understand what surgical procedure you will be undergoing. Take notes. Bring a friend. Record the conversation if the doctor allows. Ask for any handouts or links to websites that the doctor may recommend.

If the doctor performs a different procedure than what you agreed to, you can file a suit for medical malpractice and battery. Given your consent to one surgery, and receiving another, is not considered consent.

2. What Are the Risks and Complications?

Have a full understanding of what to expect after the procedure is over. Not only will that help in preparing for the days, weeks, or even months post-op, but that will also provide you with a good indication of whether the procedure was performed correctly or not. If you are told there should be no complications after an eye surgery, but you can't see five days later, perhaps something went awry, and you should seek medical help immediately. And perhaps also hire a lawyer to look into a medical malpractice claim. Evidence collected sooner, rather than later, will always be key to a successful malpractice recovery.

It's an unfortunate reality that not all medical malpractice cases are taken by lawyers. Sometimes, only the ones that are a "slam dunk" are taken on, since fees are only recovered after a successful suit. In some instances, doctors and hospitals may absorb the cost of any unforeseen risks and complications (legal language just shy of medical malpractice). If you have asked about the risks up front, chances are higher that doctors and hospitals understand that you have been informed and know what to expect, and what not to expect. They may therefore be more likely to pay for any additional costs associated with botched procedures.

3. What Are the Costs?

Work with your doctor and medical staff to determine your exact out-of-pocket expenses prior to having surgery. Post-op is an awful time for surprises. You will recover best in peace, which often requires knowing how much you will be expected to pay. The medical staff should be accustomed to contacting insurance companies, including medicaid, prior to performing surgeries to receive pre-authorization. They may not be able to give you an exact figure for all costs, but should be able to give you a fairly accurate estimate as well as what is included in that estimate, such as follow-up visits, hospital stays, anesthesia, etc.

If your bill arrives, and it doesn't mesh with what you were told, you have some work ahead of you. But if you spoke with the staff beforehand, you are prepared for this battle. You can dispute your bill with the surgeon, and with your medical insurance provider. If you can't get it lowered through these routes, file an appeal with your insurance company and with your medical provider's advocate. Sometimes barking up the chain of command can help. If none of these routes prove successful, contact a local health care attorney that specializes in medical billing disputes.

And if you feel you are the victim of medical malpractice or medical assault, contact a local medical malpractice attorney, who can listen to you situation and offer you the help you deserve and need.

Related Resources:

• Find a Medical Malpractice Attorney in Your Area (FindLaw's Lawyer's Directory)
• Find a Health Care Attorney in Your Area (FindLaw Lawyer's Directory)
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from Injured http://blogs.findlaw.com/injured/2018/09/3-legal-questions-to-ask-before-surgery.html

Cop Sued for $1 Million for Allegedly Giving DUI 'Out of Spite'

Few things are more upsetting than when officers or other government officials maliciously use their position of power. Just ask Donald Hamlett, who was pulled over not once, but twice, for DUI charges in Chesapeake, Virginia, during the same year, by the same police officer.

Cleared of both charges, Hamlett is now suing the arresting officer, Frank Chappell, for $1 million. He believes the second arrest was malicious prosecution, claiming Chappell did so "out of spite, ill-will and hatred." Chappell denies any wrong doing, and will be represented by a local City Attorney.

Let's Go to the Videotape

Hamlett, a 64-year-old musician, was driving home from an evening gig in January 2015 when Chappell pulled him over. Hamlett's dashcam recorded the arrest. In this first DUI trial, Hamlett claimed Chappell had misrepresented the events of the arrest. Though Chappell had testified in front of this judge numerous times, and the judge had never doubted Chappell before, he did feel there was some doubt based on the dashcam footage, and dismissed the charges against Hamlett. Perhaps Chappell, who had been recognized in 2012 by Drive Safe Hampton Roads for his enforcement of drunken-driving laws, was a little bent out of shape over this.

False Arrest -- Take Two!

Fast forward a few months post trial. Hamlett is driving the same car, coming home from a gig at the same location, on the same night of the week, and is pulled over for the same crime by the same officer. Hamlett's dashcam again records the arrest.

At trial, Hamlett is cleared again, this time by a different judge, but for the same reason -- insufficient evidence. Hamlett has had enough. He comes from a police family, and though he does believe officers deserve respect, perhaps this one may be a bad egg. Hamlett claims these arrests have affected his life tremendously, both financially and emotionally, and that is why he felt compelled to sue Chappell.

Did Chappell Have Probable Cause to Continue Prosecuting?

To prove malicious prosecution, which is a civil offense, Hamlett will need to prove that:

• He was charged for the DUI without probable cause.
• Chappell continued to pursue Hamlett's prosecution even though he didn't have probable cause.
• There are damages.

To prove there was no probable cause at the second DUI hearing, Hamlett will claim that, at the DUI stop, he did not fail a breathalyzer test (since none was properly administered), and that he didn't appear intoxicated. Hamlett claims he will be able to prove damages, as he is afraid to drive and take evening gig for fear of another DUI arrest by Chappell. Hamlett may have difficulty, however, proving Chappell continued to prosecute knowing that there wasn't probable cause. That's where the lawyers and experts will spar.

If you have been cleared in a criminal case and believe that you were the subject of a malicious arrest, contact a local personal injury lawyer, who can review the facts of your case, to see if you too have a case against the arresting officer. A lawyer can help clear your name, and potentially earn you a monetary judgment.

Related Resources:

• Find a Local Personal Injury Attorney (FindLaw's Lawyer Directory)
• Suing Police and Prosecutors for Wrongful Arrest, Prosecution, Imprisonment (FindLaw Injured)
• Man Framed for Murder by N.Y. Cop Gets $6.4M (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/cop-sued-for-1-million-for-allegedly-giving-dui-out-of-spite.html