Party Bus Sued for Fatal Shooting in Santa Monica

After a party bus evening went tragically wrong last year, numerous plaintiffs have filed suit against the party bus company and the city of Santa Monica. Plaintiffs are suing over the shooting death of De'Ommie de la Cruz, including the deceased family as well as friends that witnessed the shooting. They are seeking unspecified damages.

Fatal Party Bus Incident Near the Santa Monica Pier

On November 3, 2017, De'Ommie de la Cruz and other female passengers were on a bus operating by Lion Limousine, celebrating a friend's birthday. At about 1 AM, they asked the driver for a bathroom break. The driver complied and pulled into a parking lot near the Santa Monica pier.

Nearby were men on another party bus, who appeared to the women to be gang members. The women were reticent about de-boarding, fearing their safety, but the bus driver allegedly told them this would be the last bathroom stop of the night. Gunfire soon ensued, and de la Cruz was shot multiple times. The bus driver drove to the Santa Monica Police Station. According to the suit, the officers would not administer aid to de la Cruz. Further angering the women, they allege the police did not allowed them to use the police station restroom, and instead were told to sit on the ground, "as if they were criminals," so their photos could be taken.

Common Carrier Liability

According to the lawsuit, Lion Limousine is being sued because it is alleged they knew, or should have known, that the bus driver was incompetent or unfit to drive. Party buses, like most buses, are considered "common carriers" and must exercise a very high degree of care and diligence with regard to passenger safety. The crux of this case will likely turn on whether the driver's actions to pull over near the other bus was unreasonably negligent, as well as whether it was negligent for the bus driver to drive to the police station instead of a hospital.

If you or someone you love has been injured in a party bus, or other common carrier accident, contact a local personal injury attorney. These sorts of lawsuits can be complicated, and a legal adviser can best navigate local laws and ordinances to help you get the relief you need.

Related Resources:

• Find a Personal Injury Lawyer Near You (FindLaw's Lawyer Directory)
• Top 5 Legal Concerns About Common Carrier Liability (FindLaw Injured)
• Tour Bus Crash Injures More Than 50 in SoCal (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/11/party-bus-sued-for-fatal-shooting-in-santa-monica.html

Family Sues Mexico Resort for Daughter's Drowning

A family vacation in Mexico turned deadly for one Wisconsin family, and they've filed a wrongful death lawsuit in a Florida civil court to not only uncover the truth of that fateful day, but also to recover costs and damages. Though none of this will bring back their vibrant 20-year-old daughter, they hope it will help save the lives of future travelers and loved ones.

A Deadly Family Vacation

In January of 2017, Abbey Conner and her brother, Austin, her mom and stepdad, took a winter vacation to the Mexican resort town of Playa del Carmen, and stayed at the upscale Hotel Iberostar Paraiso del Mar. Austin and Abbey had a few drinks at the pool bar while their mom and stepdad were spending time on their own.

When Austin and Abbey were late to meet for dinner, suspicions grew until the parents were given the news that their children had been taken to the hospital. Abbey had drowned under suspicious circumstances in a shallow area of the resort pool, shortly before dinner time. Austin was found unconscious in the pool with a large egg-sized lump on his head. Though the two were taken to the hospital, only one survived. Abbey was transported to a Florida hospital, where she never regained consciousness, was declared brain-dead, and subsequently died.

Over 200 Similar Incidents Reported

The family believes that Abbey and Austin consumed tainted alcohol at the resort pool. Austin has very little recollection of the events. His lack of memory is eerily similar to over 200 other Mexico vacation goers that have suffered similar fates to Austin, some after only one drink, leading many to believe the alcohol is tainted or that the guests are being drugged. Surprisingly, Abbey's parents have found that the U.S. and Mexico governments have been reticent in gathering and disseminating information regarding these incidents. They would like to learn why.

Wrongful Death Suit

Because it is believed that Abbey's death came as a result of tainted alcohol from the resort, her family has filed a wrongful death suit. The lawsuit alleges that Iberostar and its affiliated companies failed to take adequate safety measures, including preventing tainted alcohol from being served to guests, ensuring the bar and restaurant staff were properly trained, and providing adequate surveillance cameras and lifeguards around the pool. The suit also alleges that Iberostar failed to warn guests about the known threat of tainted alcohol, and refused to cooperate with the family's investigation of Abbey's death.

If you or someone you love believes they have been the victim of tainted alcohol or unknown drug use, call a personal injury attorney. Incidents such as these happen more often than the news reports, and you may be able to recover your costs, and in some cases, your confidence in the general public. But unfortunately for the Conner Family, some things you just can't get back.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Spring Break in Mexico: 5 Legal Tips to Know (FindLaw Law and Daily Life)
• Crime Lab Finds Synthetic Marijuana Laced With Fentanyl (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/11/family-sues-mexico-resort-for-daughters-drowning.html

Can a Dating Site Be Sued If Your Date Turns Dangerous?

It's hard to meet people these days, which is undoubtedly why there are so many dating apps currently on the market. But what if something goes wrong, like really wrong. Can you sue a dating app or website if your date turns out to be dangerous? Unfortunately, the answer may surprise you.

No Special Relationship Between Dating App and App Users

The Communications Decency Act generally bars liability of any dating app for harm happening from a third party user. Turning to state tort law and examining negligence, a duty of care only exists if there is a special relationship between the parties.

In a recent ruling in the Ninth Circuit, no special relationship exists between a dating app user and the app itself. Therefore, without a special relationship, no duty is owed. In that case, Mary Kay Beckman was viciously stabbed and beaten by Wade Riley, whom she was matched with on Match.com. Beckman argued that Match had a duty to warn her that her date was dangerous, but the courts disagreed. With no special relationship established between Match and Beckman, Match didn't even have a duty to warn, let alone any sort of duty to protect.

Actual Knowledge Can Be Hard to Come By

If, however, a dating app has actual knowledge that someone using their site has been found guilty of committing violent acts so similar that they would rise to the level of foreseeable harm, then it is possible there could be a duty to warn. Unfortunately, dating apps will not go out of their way to find this knowledge. For instance, in the Beckman case, Ridley did have a history of criminal violence, including domestic violence and battery about 10 years prior to this attack. However, Match was unaware of this criminal record and therefore did not have actual knowledge of foreseeable harm.

If you have been hurt, physically or psychologically, from someone you met on a dating app, contact a local personal injury attorney. There may be factors of which you are unaware that could give rise to a duty of care owed by the dating app. At the very least, a legal adviser can help you secure protective orders against your assailant, and may even be able to successfully sue to reimburse you for your costs, as well as pain and suffering.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Online Dating Sites Vow to Protect Users from Sex Predators (FindLaw Technologist)
• Lawsuit: Spurned Ex Used Grindr to Send 1,100 to Man's House for Sex (FindLaw Legally Weird)

from Injured http://blogs.findlaw.com/injured/2018/11/can-a-dating-site-be-sued-if-your-date-turns-dangerous.html

Lawsuit: Police Searched Wrong House, Cause $9K Damage

We've all heard stories of mistaken identity, but this is the case of a house's mistaken identity. One family is suing the police department for searching the wrong residence described in a search warrant.

Right Suspect, Wrong House

Last November, a young boy was shot in a drive-by shooting in Cleveland. In an attempt to find evidence against the shooter, Judge Sherrie Miday signed a search warrant, based on probable cause, for a house allegedly belonging to Larissa Harris, one of the shooting suspects, in the 16000 block of Lipton Avenue, as well as a vehicle belonging to the suspect. But in fact, the warrant detailed the wrong house, that of the plaintiff, Paula Mitchell, who lived across the street from Harris.

Faulty Warrant Could Have Been Cured With Adequate Surveillance

According to the plaintiff, the warrant detailed the wrong house, since it "failed to describe the actual residence that police should have surveilled." Additionally, the lawsuit claims this mistake could have been corrected, since the warrant had a three-day window period, more than sufficient to determine the correct house to raid, according to plaintiffs. The lawsuit claims that the police should have "exercised reasonable care and due diligence through investigation, to make certain that they were surveilling and ultimately searching the correct residence."

Police Sued for Searching Wrong House With Wreckless Abandon

When the police began the raid, Harris told the police they had the wrong house, but they refused to listen. Instead, plaintiffs claim the police violated their duty of care by searching the wrong house and then acting with "reckless abandon," causing $9,000 in damages and inflicting emotional distress. As a result, the lawsuit accuses Cleveland Police Detective David Borden and 10 unnamed Cleveland police officers of one count of negligent, malicious, wanton and reckless conduct. Mitchell is seeking more than $25,000 in actual and punitive damages.

If you or someone you love has been the victim of a warrantless search, and suffered monetary damages as a result, contact a local personal injury attorney. You may be able to recover for your losses, and potentially send a message to the police about the care that should be used when conducting a search.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• When Can Police Search Your Home? (FindLaw Blotter)
• Can You Sue a Cop for an Illegal Search? (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/11/lawsuit-police-searched-wrong-house-cause-9k-damage.html

Walgreens, CVS Sued for Opioid Sales in Florida

Florida added Walgreens and CVS to the lawsuit it filed last spring against Purdue Pharma and several opioid distributors. Attorney General Pam Bondi claims these chains played a major role in creating the opioid crisis that has rocked not only Florida, but most of the Eastern United States by allowing its pharmacists to fill suspicious or unreasonable opioid prescriptions.

By the Numbers

The opioid crisis is still in full swing. According to the Center for Disease Control, about 45 people each day die from opioid overdoses. But how can that be tied to Walgreens and CVS? The circumstantial evidence is quite compelling. The lawsuit states that Walgreens distributed 2.2 million opioid tablets in just one month from its Hudson store, located in a town of just 12,000 inhabitants.

And there are other Florida Walgreens with similar ratios, including some whose opioid sales have jumped six-fold over the last two years. CVS numbers aren't as convincing, but it too has disproportionate sales in the town of Hudson. The concept is that drug dealers would send associates to get prescriptions for opioids from local doctors, get them filled, and then sell the pills on the black market through a distribution system that spans the eastern states. Shockingly, at one point in the early 2000's, 90 percent of the nation's top opioid prescribing doctors were from Florida.

Walgreens Previously Fined for Similar Issue by DEA

In 2013, Walgreens paid $80 million in fines to resolve a Drug Enforcement Agency (DEA) inquiry into its "unprecedented number" of inadequate record keeping and dispensing violation of opioid sales in its Florida pharmacies. CVS faced a similar problem with the DEA in 2015, and agreed to pay $22 million. It is believed that because inadequate records were kept, pharmacists were not able to abide by the law, which states that pharmacists must refuse to fill prescriptions they suspect are for an invalid purpose, such as being resold on the black market.

CVS Claims The Crisis Isn't Their Fault

Though Walgreens hasn't commented on the suit, CVS has stated there's no way they are responsible. "Over the past several years, CVS has taken numerous actions to strengthen our existing safeguards to help address the nation's opioid epidemic," CVS spokesperson Mike DeAngelis said. The company claims it has trained its pharmacists to detect potentially illegal sales and has instructed them on their corresponding legal responsibility.

Stay tuned to find out if more companies will be added to this lawsuit, and if further evidence will come to light tying a firmer causal connection between plaintiffs and the opioid crisis.

Related Resources:

• Hundreds Charged With Aiding Opioid Crisis (FindLaw Blotter)
• DOJ Launches New Opioid Fraud and Abuse Detection Unit (FindLaw Blotter)
• 120 Arrested in Massive Methamphetamine Bust (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/11/walgreens-cvs-sued-for-opioid-sales-in-florida.html

Woman Blinded by Unproven Stem Cell Procedure, Lawsuit Claims

All the damage relief in the world won't bring back Doris Tyler's eyesight. Tyler became blind after undergoing a stem cell procedure for Macular Degeneration (MD), a disease that affects about 10 million Americans. Though her vision was fading, she could still function and enjoy life. She wanted her full eyesight back, and was willing to take some chances. She was told by her doctor the worst that could happen was the treatment wouldn't work. He was wrong, and now she is permanently blind, and suing for misrepresentation.

Experimental Procedure Gone Bad

Tyler paid $8,900 for an experimental procedure in which her doctors made a stem cell cocktail from fat tissue taken from her abdomen. This solution was later injected into Doris's eyes by an eye surgeon. Two weeks after the injection, she was totally blind. Her retinas detached from the stem cell injections. She later learned she was the clinic's first MD patient.

Lawsuit Names Clinic and Its Affiliate as Defendants

The Tylers filed a lawsuit against the clinic that performed the eye surgery, as well as its affiliate, the Cell Surgical Network. The suit claims the risk of danger from the procedure "outweighs the non-existent benefits of a therapy with no evidence of therapeutic value." This isn't the first lawsuit Cell Surgical Network has been hit with. The Justice Department sued the Cell Surgical Network and a different provider, accusing them of a "persistent refusal to comply with the law" and seeking to prevent them "from experimenting on patients."

Misleading Stem Cell Claims Abound

Though stem cells have been touted to be a potential cure-all for around a thousand different ailments, clinical trials have only been conducted on a handful of diseases, such as childhood leukemia and Alzheimer's. The FDA even issued a consumer warning in 2017 that the only FDA-approved use of stem cells in the United States consists of blood-forming stem cells from umbilical cords, not from fat cells. Yet there are thousands of stem cell clinics conducting unverified procedures, such as this, leaving people permanently disabled, like Doris Tyler.

If you or someone you love has been injured by a stem cell procedure, contact a local medical malpractice attorney. Numerous patients are being handed false claims about the wonders of stem cell procedures, but unfortunately there is very little scientific data to back these claims. An experienced lawyer can help discuss the specifics of your case, and offer you alternatives to help you get compensation for your injuries.

Related Resources:

• Find a Medical Malpractice Attorney Near You (FindLaw's Lawyer Directory)
• Stemgenex Battles FDA, Its Own Customers Over Unapproved Stem Cell Treatments (FindLaw Injured)
• Can You Sue a Doctor for Lying? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/11/woman-blinded-by-unproven-stem-cell-procedure-lawsuit-claims.html

Is ICE Liable for Detention Center Sexual Assault?

According to recent investigation into sexual abuse in immigration detention, 1,448 allegations of sexual abuse have been filed against Immigration and Customs Enforcement over the past six years, with 237 allegations of sexual abuse in immigration detention facilities in 2017 alone. One such case in 2014 involved a detention center employee grooming and assaulting a 19-year-old mother in a Pennsylvania ICE facility.

Although any sexual contact between correctional facility staff and people in custody is illegal under federal and state law, the facility is claiming it can't be held liable for the assaults because it is an immigration facility (as opposed to a jail or prison) and that the sexual encounters were consensual.

Prison Predator

As the ACLU points out, state and federal statutes criminalize even consensual sex between staff and prisoners: "These laws recognize that any sexual activity between detainees and detention facility staff, with or without the use of force, is unlawful because of the inherent power imbalance when people are in custody." But what occurred between one detainee (referred to as only E.D. in legal filings) and former Berks County Residential Center-Immigration Family Center worker Daniel Sharkey doesn't even sound consensual.

According to filings in E.D.'s lawsuit against Sharkey, the detention center, and ICE, Sharkey attempted to befriend and groom E.D. shortly after her arrival at the center "by giving her and her son treats, such as chocolate and extra food" and "allowing her to use his cell phone to call her mother and take pictures, and giving her and her son toys and clothes." This escalated to more aggressive sexual overtures, forced sexual intercourse, and threats that if E.D. told anyone about their relationship "she would be deported back to Honduras."

Other staff, however, were well aware of the sexual conduct, and did nothing. Sharkey's employment at the facility ended, according to the lawsuit, "[a]fter an incident in August 2014 where Sharkey unsuccessfully attempted to pull down E.D.'s pants because she refused to submit." He eventually pled guilty to criminal institutional sexual assault under Pennsylvania law.

ICE Immunity

Still, ICE claims it should be granted qualified immunity from civil liability because E.D. was an immigration detainee, not a prisoner; and because she was not physically forced to have sex. Employers have long been held liable for the acts of their employees, and correctional facilities can be held liable for sexual assaults by their staff. While ICE claims its family detention center is not a prison -- and should therefore not be liable under the same state or federal laws -- the ACLU argues otherwise:

Immigrants in family detention are particularly vulnerable to abuse. Various investigations have concluded that ICE family detention facilities fail to meet basic constitutional and human rights standards for access to child care, medical and mental health care, and legal assistance, among other issues

The ACLU also points out that the inherent power inequalities in custodial settings "nullifies confined persons' apparent consent to sexual contact with custodians," meaning that E.D. could not have truly consented to any sexual intercourse. Whether ICE and other immigration detention center staff will be legally liable for the criminal sexual assaults by staff will be up to the U.S. Court of Appeals, and this case could have significant ramifications for other litigation against ICE.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Civil Lawsuits for Sexual Assault, Harassment: Top 10 Cases and Questions (FindLaw's Injured)
• Student Wins $5M Settlement in Math Teacher Sexual Abuse Case (FindLaw's Injured)
• Uber Sued After Driver's Multiple Sexual Assaults (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/11/is-ice-liable-for-detention-center-sexual-assault.html

Microblading -- Hot Trend With Burning Effects

Microblading is one of the hottest trends in the beauty industry, but one woman could barely stand the heat. After her microblading artist botched one of her eyebrows, she attempted to have the error removed, only to exclaim, "it felt like my skin was melting off."

Microblading: The Leading Edge of Beauty

Microblading is a form of semi-permanent eyebrow tattooing that has taken the world by storm the past few years. Microblading artists draw or fill in eyebrows using a free-hand style, and then use special microblading tools to needle in the design. Linda Le, an Ohio resident, found a Groupon offering a good discount on the service with Hanin Hamid, owner of Hanin Artistry in Fairview Park, Ohio, and decided to take the beauty plunge. But she may live to regret that after suffering what might be permanent facial scarring. She's filed suit against the microblading technician for negligence.

Beauty Is in the Eye(Brow) of the Beholder

Le looked at a lot of photos Hamid had in her gallery of microblading. and they talked at great length before starting the procedure. Once the eyebrows were drawn on, Le commented that one of the eyebrows had a funny arch to it. After the needling procedure, the brow on the left was slightly higher and more arched than the one on the right. According to Le, "She kept telling me it's not a big deal; it's a very easy fix."

The "Fix" May Have Been Easy for Artist, but Not the Client

The "fix" turned out to be a very painful removal process, According to Le the process resulted in extreme pain, blistering and crusting. Le said, "I didn't know she was actually putting like an acid on my face. I didn't know it would be so harsh to my skin. It felt like my skin was melting off." According to Le's attorney, Le has seen a plastic surgeon, and was told there's no medical solution for her, and the scarring on her face may never go away.

Microblading removal usually consists of either laser removal, similar to removing a tattoo, or the use of saline solutions. It appears a saline solution was used, but since Le described the feeling as acidic, who knows what was placed on her face. Perhaps we will know soon, as the lawsuit discovery gets under way.

If you feel like you have had a beautician visit go awry, contact a personal injury attorney. Accidents happen, that's why there's a saying for it. But you shouldn't have to bear the entire brunt of an accident that wasn't your fault. Contact a local personal injury lawyer to discuss the facts of your case and see if you can get some legal relief for your beauty mishap.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Nail Salon Injury May Require Finger Amputation, Woman Claims (FindLaw Injured)
• Tattoo (and Tattoo Removal) Fails: Can You Sue? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/11/microblading-hot-trend-with-burning-effects.html

Walmart Settles Lawsuit for Selling Gun Used in Murder by Neo-Nazi

In April 2014, self-avowed Neo-Nazi Frazier Glenn Miller Jr. shot and killed three people in an anti-Semitic attack at a Jewish community center and retirement community in Overland Park, Kansas. As a convicted felon, Miller was prohibited from owning or buying firearms, and investigators learned another man, John Mark Reidle, purchased the shotgun used in the shooting for Miller at a Walmart in Republic, Missouri four days prior.

Miller was eventually convicted of capital murder, attempted murder, and weapons charges and sentenced to death, while Reidle was sentenced to five years of probation for providing false information on a federal firearms form. But what about Walmart? It recently settled a lawsuit with the family of Terri LaManno, who was shot and killed outside the Village Shalom care center.

Gun Negligence

The families of the three victims all sued Walmart for being negligent in the "straw purchase," as well as operators of a gun store in Lebanon, Missouri, who sold Reidle a handgun at a gun show that Miller eventually also used in the shooting, claiming employees were negligent and "knew, had reason to know, or recklessly failed to know that Miller was not lawfully entitled to purchase or possess a firearm."

"Gun dealers, including Wal-Mart, owe a duty to use the highest standard of care to prevent the supply of firearms to those prohibited from possessing them," the lawsuits claimed. "Given the circumstances of the purchase, Wal-Mart should have taken affirmative steps to confirm that Miller was the actual purchaser and intended user of the Remington shotgun, and that the sale of the shotgun to Reidle, a straw buyer, was illegal."

Gun Liability

Lawsuits following mass shootings can be tricky. Claims against gun manufacturers are often barred by statutes, and even suits filed against those responsible for safety at shooting sites have often failed. However, lawsuits filed against gun dealers, especially those who have not followed the proper protocol for background checks or sales, have had more success.

The terms of Walmart's settlement have not been disclosed, and it is unlikely that the megaretailer admitted any liability. Still, it may have provided some closure for the victim's family.

Related Resources:

• Family of 2014 Jewish Center Murder Victim Settles Gun Lawsuit Against Walmart (Kansas City Star)
• Widow Sues Walmart for Wrongful Death After Parking Lot Shooting (FindLaw's Injured)
• Is the Air Force Liable in Texas Church Shooting? (FindLaw's Injured)
• NY Man Sues Gun Manufacturer for Getting Shot (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/11/walmart-settles-lawsuit-for-selling-gun-used-in-murder-by-neo-nazi.html

Victims of California Wildfire Sue Utility Company

Three law firms, calling themselves Northern California Fire Lawyers, filed suit against Pacific Gas and Electric (PG&E), claiming the deadly Camp Fire in Butte County is the "direct and legal result of the negligence, carelessness, recklessness, and/or unlawfulness" of the company. The Camp Fire has all but destroyed the town of Paradise in Butte County. Specifically, the lawsuit claims PG&E failed to properly maintain, repair, and replace its equipment and that this "inexcusable behavior" contributed to the cause of the fire. The lawsuit seeks monetary compensation and unspecified damages.

Things Already Look Bad for PG&E

There are a host of damning facts that point the finger at PG&E. Specifically, in the days leading up to the fire, PG&E told Paradise customers it may have to shut their power down due to temporarily dangerous conditions, as the company had done recently to 60,000 other customers in nearby service areas. According to Reuters, just one day before the fire started, PG&E informed a landowner near the initial burn point of the blaze that crews would be coming on to her property due to sparking utility wires. Butte County District Attorney Mike Ramsey has yet to specify the cause of the deadly blaze, but is aware that fire teams are looking to preserve evidence for an investigation.

Devastation, by the Numbers

To date, the Camp Fire has killed 48 people, though over 100 are still missing, most of them senior citizens. Over 7,600 homes have been destroyed and 135,000 acres torched. The Butte County sheriff's office has stated this is California's most deadly and destructive wildfire in history. The fire is only about 35% contained.

PG&E No Stranger to Blazing Inferno Lawsuits

PG&E claims that it is focusing on rescue efforts and to date has no comment on its liability. It does not, however, dispute any of the facts in the Reuters article. PG&E is no stranger to negligence lawsuits. This is not the first lawsuit against PG&E over negligent maintenance of their lines. The PG&E gas line explosions of 2010 in San Bruno, California killed eight people and destroyed dozens of homes. In that disaster, PG&E accepted liability due to a faulty gas pipe, flawed operations and inadequate government oversight.

In September 2013, PG&E settled damages with the 501 victims, which amounted to $565 million. In nearby Santa Rosa, California, various plaintiffs are suing PG&E, including the city of Santa Rosa and the County of Sonoma, for failing to properly maintain the areas around some of its power lines and sparking utility wires, leading to the deadly Tubbs and Nun fires that the state insurance commissioner estimates caused over $1 billion in damage last October.

If you or someone you love has been affected by the Camp Fire in Paradise, call a local consumer protection attorney today. A legal veteran can inform you of your legal rights, and help you determine next best steps.

Related Resources:

• Find a Consumer Protection Attorney Near You (FindLaw's Lawyer Directory)
• Can California Homeowners Sue for Wildfire Damage? (FindLaw Injured)
• Government Files Criminal Indictment Against PG&E (FindLaw California Case Law)

from Injured http://blogs.findlaw.com/injured/2018/11/victims-of-california-wildfire-sue-utility-company.html

How Much Is a Hit and Run Lawsuit Worth?

Being the victim of a hit and run accident is uniquely problematic on so many levels. There's no one to exchange information with, no one to report to your insurance company, no one to interview to determine fault, and no one to sue if you seek punitive damages. But don't think that your hit and run is a worthless lawsuit. It isn't.

Presumption of Fault

In a hit and run, the person that "ran" is usually presumed to be the one at fault, so at least that's one less thing to worry about. This presumption can be negated, but the burden of proof generally shifts to the one that fled the scene. And in a true hit-and-run, that person is never found.

Contact Your Insurance Company

If the hit and run driver is never found, the victim must find a way to be compensated for actual damages incurred. The first place to go is your own insurance company. You will be able to file an insurance claim for a hit and run only if you have Uninsured Motorist coverage on your policy. This claim should cover your medical bills and lost wages, as well as pain and suffering, up to the limit on your policy.

Then Consider Contacting a Personal Injury Lawyer

This is where it can get tricky. We've written about this before, but for those new to the post ... The insurance company is not on your side. They may seem like it, and you may believe that you are their customer. But this isn't Nordstrom's or Kohl's, and there can be a conflict of interest. Your goal is to get as much paid for as possible. Their goal is to pay you as little as possible. If you believe that the offer they make you is too low, or taking too long to pay out, you should hire your own personal injury lawyer.

If you are wondering if your insurance company's offer was too low or too slow, consider this. A woman who was involved in a hit and run accident recovered $250,000 from her own insurance company, with the help of a personal injury lawyer, under an uninsured motorist claim, after having to have spine surgery and endure chronic neck pain. In another case, again, through the use of a personal injury attorney, a pedestrian who suffered a pelvic fracture in a hit and run accident while crossing in a cross-walk on the University of Southern California campus was able to recover $240,000 under an uninsured motorist coverage.

Most personal injury lawyers take cases on a contingency basis, and therefore you risk paying little money upfront, and may only end up paying a fee if your lawyer is able to get you a financial settlement or trial verdict. If you've been hurt in a hit and run accident, don't feel you need to settle for whatever your insurance company offers to pay. Contact a local personal injury attorney to discuss the facts of your case and see if the settlement is reasonable. You have nothing to lose, and potentially much to gain.

Related Resources:

• Find a Personal Injury Lawyer Near You (FindLaw's Lawyer Directory)
• Victim of a Hit and Run? 5 First Steps to Consider (FindLaw Injured)
• How to Challenge a Hit and Run Charge (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/11/how-much-is-a-hit-and-run-lawsuit-worth.html

Couple Sues Costco for $4M in Racial Profiling Case

Shopping While Black. It's a phenomena most Americans don't experience, purely by the coincidence of their skin color. As scientists unearth more reasoning behind unconscious bias, retailers are being pressed to confront the epidemic and take action, or risk being sued. That's the dilemma now in front of Costco, after an African American couple sued the retailer for $4 million, claiming Costco tipped off police to pull them over for shoplifting, merely because "they fit the bill."

Racial Profiling, but This Time by a Retailer, Not Police

Barbara and Bahri Wallace were shopping at their local Costco in Anne Arundel County, like they do at least once a week. This time, they were looking for a new refrigerator. Upon leaving the parking lot, they were pulled over by police on suspicion of shoplifting. Shocked, the Wallaces told the officers they were free to check their truck, that they had nothing to hide. The police consequently told the Wallaces they were free to leave, and told Costco they had identified the wrong getaway car. But the Wallaces were shaken, and wanted to make sure this didn't happen again. After all, they were federal workers with security clearances, and feared their livelihood, at the very least, was at stake.

"You Fit the Bill"

When Bahri Wallace asked the Costco manager why they had been identified as the shoplifters. Bahri claimed the manager said "You fit the bill," and adding further detail, "African-American male and female, and ... carrying a blue purse." Apparently their crime was Shopping While Black and carrying a blue purse. To add context, this Costco store had been hit by a shoplifter numerous times in the past that was African American and carrying a blue purse. But that may not be enough reason for Costco to identify the Wallaces as the shoplifters.

Racial Profiling in America

Racial profiling still happens all across America, and not just in the deep south. A black student at Yale was questioned by police for Sleeping While Black in her dorm lounge. Two black men successfully sued Starbuck's for being questioned for Waiting While Black in the coffee shop. Two black men were questioned by police at LA Fitness for Working Out While Black over false allegations they hadn't paid to enter. Retailers have been at issue even more, as Macy's, Nordstrom, and others face racial profiling allegations, primarily over alleged shoplifting. According to some studies, this profiling leads to a completely different shopping experience for African Americans than other shoppers experience, one filled with fear and insecurity that they will be tapped by security for even the slightest questionable hand movements.

Laws against racial profiling exist only at the state level. And few, if any, rise to the level of acceptability for the NAACP. In fact, racial profiling laws in the south tend to protect African Americans more than in other, more liberal states, perhaps because they have ended up in court more often. But, as the Wallaces point out, whatever it takes to keep this from happening, they are willing to endure.

If you feel you have been the target of racial profiling, regardless of skin color, contact a civil rights attorney. Every Costco member should feel equally entitled to shop at the retailer without fear of being arrested. And certainly anyone should feel entitled to be whatever race they are, and carry whatever color purse they want. Unfortunately only by litigating some of these subtle, and often unconscious, nuances of our culture will we be able to shed light on what's OK, and what isn't. Future generations of America will thank you for your help.

Related Resources:

• Find a Civil Rights Attorney Near You (FindLaw's Lawyer Directory)
• Can I Sue a Doctor for Patient Profiling? (FindLaw Injured)
• Airbnb Agrees to California Regulators' Racial Discrimination Review (FindLaw Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2018/11/couple-sues-costco-for-4m-in-racial-profiling-case.html

Dermal Fillers With Side Effects: When Can You Sue?

Dermal Fillers Gone Bad. It happens much more often than you think. Sometimes a qualified medical professional has a cosmetic surgery mishap, leading to negative side effects. But more often, an unqualified person is injecting fillers that may not be approved for the intended procedure. In many of these cases, a lawsuit is possible. But can you prevail? That's another story.

Cardi B's Unorthodox Butt Enhancement

Take, for instance, the story of Cardi B. A few years ago, she received dermal fillers for a butt enhancement in someone's basement for $800. She said it was excruciatingly painful, and for days afterwards, liquid was oozing from the injection site. From a legal perspective, there are numerous issues here. First, the low price alone should have been a red flag; butt enhancements usually run around $5,000. The procedure took place in a basement, which is illegal since it is an unregulated nonmedical setting.

Because of the setting and the likely unqualified care provider, pain killers were probably not possible. Injections are not a recognized form of butt enhancement, and most likely the product used was not approved for this specific medical use. And the oozing was proof that an infection had set in, and she was lucky she didn't have further complications from the whole matter.

Could Cardi B sue for battery, malpractice, and a host of other cause of actions? Probably! But it's likely the "medical professional" has skipped town, like Dr. Bumbum down in Brazil. Good luck prevailing against that practitioner.

Even Legal Surgeries Can Go Awry

Sometimes even the best surgeons have bad days, and bad outcomes. The most common negative side effects from dermal fillers are swelling and infection, though there have been more severe outcomes, such as blindness, pain and necrosis. In almost all cases, the problem stemmed not from a defective product, but from poor technique from the health care professional. Therefore, these suits end up as medical malpractice cases. In the nine litigated cases for fillers from 2014 to 2016, the median settlement amount was $262,000.

If you have recently gotten dermal fillers, and are experiencing any negative side effects, from as simple as pronounced swelling to as egregious as blindness, contact a local medical malpractice attorney today. A legal adviser can listen to the facts of your case and help you decide on your best legal course of action.

Related Resources:

• Find a Medical Malpractice Attorney Near You (FindLaw's Lawyer Directory)
• Don't Know Who Injured You? Can You Still Sue? (FindLaw Injured)
• Kate Gosselin Botox: A Victim of Botch Tox? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/11/dermal-fillers-with-side-effects-when-can-you-sue.html