Wednesday, February 27, 2019

Girl Gets $75K for Mechanical Dinosaur Injuries

Witnessing a dinosaur egg hatching must be a magical moment. Until, that is, you're punched on the chin by a mechanical arm.

That's what happened to a young girl visiting Universal Orlando in 2013, and she and her family finally settled a lawsuit against the theme park, for $75,000.

Jurassic Lawsuit

According to Orlando Weekly, the child was struck on the chin by a mechanical arm on the Dinosaur Egg Scanner attraction at Universal's Jurassic Park land: "The device was part of a display that offered display of fake dinosaur eggs 'hatching,' and visitors could pull a level to scan some of the eggs, which would result in a simulated scan image of a baby dinosaur on a screen." Universal claimed the scanner machinery was manufactured by a third party, but ultimately agreed to settle the case.

The settlement payments will be made into an annuity fund for the girl, referred to only as "L.M." in court filings. Only she (not her parents) will be able to access the funds, and not until 2027, when the fund will be worth an estimated $98,000.

Legal Themes

Suing theme parks for injuries can be tricky. Many require guests to sign liability waivers that assert the park will not be legally responsible for any injuries. They may also argue that patrons have come for a little bit of danger, and have assumed the risk of any injuries they sustain. Still, as a public attraction theme parks are legally required to take reasonable steps to assure the safety of the premises for guests. And most parks prefer to avoid the bad publicity of an on-site injury lawsuit, so they are often more likely to settle out-of-court.

If you have questions about injuries sustained at a theme park, or park liability in general, contact a local personal injury attorney.

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Thursday, February 21, 2019

Were Grand Canyon Visitors Exposed to Radiation?

"If you were in the Museum Collections Building (bldg 2C) between the year 2000 and June 18, 2018, you were 'exposed' to uranium by OSHA's definition." Not exactly something you want to hear after your vacation to the Grand Canyon, but that's what the park's health and safety manager is claiming.

Elston "Swede" Stephenson says radioactivity readings gathered by Park Service officials on three buckets of stones believed to be uranium specimens appeared to be hundreds of times higher than federal exposure thresholds.

A Box of Rocks or a Load of Radiation?

Apparently not everyone is on board with Stephenson's evaluation of radiation risk at the park. "It's just a bucket of rocks," Craig Little, a health physicist who spent 25 years at the Oakridge National Laboratory told the Arizona Republic. "I wouldn't line my baby's crib with it, but ..." The central disagreement appears to center on whether uranium ore, which was discovered in three 5-gallon buckets that had been stored next to a taxidermy exhibit could emit dangerous radiation levels.

"Uranium naturally occurs in the rocks of Grand Canyon National Park," the Department of Interior told CNN. "A recent survey of the Grand Canyon National Park's museum collection facility found radiation levels at 'background' levels -- the amount always present in the environment -- and below levels of concern for public health and safety. There is no current risk to the public or Park employees."

Stephenson stood by his calculations, however, and noted that OSHA technicians wore full protective gear when they visited the building. "Please understand, this doesn't mean that you're somehow contaminated, or that you are going to have health issues," he said in a warning email. "It merely means essentially that there was uranium on the site and you were in its presence ... And by law we are supposed to tell you."

Suing the Grand Canyon

So, could lawsuits from park visitors be forthcoming? If the park in fact violated environmental laws on the storage or disposal of radioactive materials, it could be held liable. Additionally, the Federal Tort Claims Act (FTCA) allows individuals to recover against the federal government for personal injury caused by the negligence of a federal employee. However, claims under the FTCA must be made following a specific procedure, in writing, and within two years after it becomes apparent a cause of action exists.

If you're wondering if you have a claim for radiation exposure, talk to an experienced personal injury attorney.

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Wednesday, February 20, 2019

When to Sue for a Chemical Burn

Dozens of workers every year suffer chemical burns on the job. And the products we use and businesses we frequent often contain or use dangerous chemicals. So, if you're one of the people who suffers a chemical burn, when (and who) can you sue?

That will largely depend on the circumstances of your case. Here's a look:

Product Liability

In 2017, almost 300,000 iPhone cases were recalled after leaking glitter from cracked cases caused chemical burns. Two dozen customers claimed they suffered skin irritation or chemical burns from leaking cases, and one person "reported chemical burns and swelling to her leg, face, neck, chest, upper body and hands." Product liability claims hold a manufacturer or seller liable if their product causes injuries.

There are generally three types of product liability lawsuits, depending on the cause of the malfunction or injury:

  1. Defects in Design: A defect in the design of the product that poses an unreasonable risk to consumers, even if it is manufactured and used as intended;
  2. Defects in Manufacturing: A mistake in the production of a well-designed product that introduces a new danger to consumers; or
  3. Defects in Warnings: A company's failure to properly warn consumers of known risks in using the product, if they are inadequate warnings, inaccurate warnings, or no warnings at all.

Premises Liability

Maybe you suffered a burn on someone else's property. At a restaurant, perhaps, or a car wash that uses chemicals to clean. In that case, the property owner might be held responsible under premises liability. The level of responsibility will often hinge on your relationship with the property owner.

Invitee (those who are invited onto the property of another, like customers in a store) and licensees (those who are guests or present at the consent of the owner) are owed a reasonable duty of care from the property owner, meaning they have taken reasonable steps to assure the safety of the premises. If that's not the case, you may have a premises liability claim.

Workers' Compensation

If you are injured on the job, you'll most likely need to file a workers' compensation claim before you can file a lawsuit. Make sure you seek and receive any necessary medical treatment as soon as possible, and report the accident to your employer. If your workers' comp claim is denied, or the benefits don't fully cover your medical costs, lost wages, or expenses, you may have other legal options.

To know how to proceed with any injury claim, contact an experienced personal injury attorney in your area.

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Thursday, February 14, 2019

Scarred on the Slopes: Our Top 5 Legal Tips for Skiing Accidents and Injuries

With all the winter weather most of the country has been getting blasted with, chances are you've hit the slopes already. And with no snow letup in sight, you might be headed back. So, be careful out there.

But, accidents happen. Most of us are aware of the risks that come with skiing, but every now and then an accident isn't just an accident, and someone else is at fault. When that happens on the ski slopes, who's responsible and what can you do about it? Here's what you need to know about skiing injuries and legal liability.

1. Ski Accidents: Top 3 Ways Not to Get Injured

Hopefully, you're well aware of how to stay safe on the slopes. If not, an experienced skier or guide can help. And if you're determined to do it all on your own, make sure to avoid skiing alone, be careful around trees and rocks, and don't treat ski lifts and equipment like toys.

2. When Is a Ski Resort Liable for Injuries?

As a business open to the public, ski resorts are generally responsible for preventing foreseeable injuries in and around the resort. But on the mountain? That could be a different story. And while many (if not all) resorts require you to sign a liability waiver or include one with the sale of a ski pass, not all those waivers are enforceable in court.

3. Ski Injuries: 3 Factors Affecting Lawsuits

Perhaps the biggest factor in determining liability for ski injuries is the behavior of the skiers involved. Did you hop on a double black diamond your first time out? Did you purposely ski outside the resort's boundaries? Or did someone else recklessly plow into you?

4. Who Pays for Rescue Costs?

Speaking of boundaries, for some veteran, adventurous skiers, only the backcountry will do. But what happens if you get in trouble out there? Search parties and rescue efforts don't come cheap, and some counties and states are charging rescuees with those costs.

5. Ski Accidents: When to Sue, When Not to Sue

Your best bet for legal advice regarding your specific ski injuries is going to be an experienced injury attorney. You can find one in your area below.

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Wednesday, February 13, 2019

Lime Sued for Scooter Accident, Leaving Woman in Vegetative State

While motorized scooters have provided a quick and easy way to get around, they have also resulted in new ways for people to get injured. One person who was injured while using a Lime scooter is Ashanti Jordan of Fort Lauderdale, Florida. Ashanti wasn't wearing a helmet when she collided with a car and was thrown about 100 feet. According to her family members, the accident has left her in a persistent vegetative state. Now, Ashanti's mother is suing Lime for her daughter's injuries.

This Isn't the First Accident Involving a Lime Rider

Ashanti isn't the first victim of an accident involving a Lime scooter. Last week an Irish exchange student was killed in a Lime vs. car accident in Austin, Texas. The Washington Post reports that the exchange student appears to be the third person killed in an accident that involved a Lime scooter in recent months.

According to the South Florida Sun Sentinel, since e-scooters arrived in Fort Lauderdale, there have been a number of high-profile accidents. In fact, ABC affiliate WPLG reported that according to the Fort Lauderdale Fire Rescue, of the 40 incidents involving scooters, "31 of them required someone to be transported to the hospital, and 4 of those were level-1 traumas."

Lime's Alleged Fault in the Accident

Tracy Jordan, Ashanti's mother, has announced her plans to sue Lime on her daughter's behalf for negligence. According to her lawyer, Lime's app has specific language instructing people to avoid using the scooter on local sidewalks, which effectively pushes them to operate them on city streets.

Her lawyer says, however, that with these instructions, Lime is violating its operating agreement with Fort Lauderdale. Under the agreement, the company is required to inform Lime riders how to legally and safely operate the scooters. But, in Fort Lauderdale, operating a motorized scooter on the street is against the law. Instead, the city allows e-scooters to be ridden on sidewalks.

According to Tracy's lawyer, his client is seeking compensatory damages for mental anguish, hospital expenses, potential disabilities, loss of income, and long-term medical care for Ashanti.

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Friday, February 8, 2019

Exploding E-Cigarette Litigation: A Roundup

E-cigarettes and other vape devices were billed as being more healthy than regular tobacco cigarettes. And while the jury is still out as far as well-functioning devices are concerned, e-cigs have been exploding in our faces pretty much since their inception.

In one of the more recent cases, 24-year-old Texan William Brown was killed after shrapnel from an e-cigarette explosion peppered his skull and severed his left carotid artery. So, what happens, legally, after these tragedies?

1. How Common Are Exploding E-Cigs?

Even two years ago, stories of exploding e-cigs causing burns, facial fractures, missing teeth, and driving accidents were fairly common. And knowledge of that danger -- accompanied by a failure to address design, manufacture, or warning defects -- could be a factor in determining a manufacturer's liability in a lawsuit.

2. E-Cigarette Injury Lawsuits on the Rise

The frequency with which those lawsuits are being filed has been increasing. Over 120 lawsuits claiming e-cigarette injuries were filed in 2017 alone. Some claimed the devices exploded in their mouth, knocking out teeth and causing third-degree burns. Others alleged they were scorched when vaporizer batteries caught fire. And Brown is not the first person to be killed by an exploding e-cigarette. The U.S. Fire Administration even warned that e-cigarette battery failures present a unique hazard as "no other consumer product places a battery with a known explosion hazard such as this in such close proximity to the human body."

3. How Much Is an Exploding E-Cigarette Injury Claim Worth?

Like most personal injury claims, lawsuits based on e-cigarette malfunctions will depend on the kind and extent of the injuries sustained. And, as noted above, additional damages could depend on whether the manufacturer was aware of the risk, and whether they took any measures to prevent such accidents.

To find out how much your specific claim might be worth, contact a local personal injury attorney.

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Wednesday, February 6, 2019

First David's Law Lawsuit Filed Against School Cyberbullies

For parents and school kids, the thought of being cyberbullied can be frightening, and knowing what to do when it happens can be confusing and difficult.

One Texas parent, after his son was subjected to cruel cyberbullying that turned into a big problem at school, has turned to the newly enacted David's Law, and filed a lawsuit against the cyberbullies and their parents.

Protecting School Kids

David's Law was prompted by the suicide of a teen attributed to severe cyberbullying. In addition to strengthening the criminal penalties for "suicide baiting," it also gives bullied students, and their parents, a mechanism to stop the cyber and physical attacks. The law does, however, require the parent of a victim to take action and request injunctive relief, or, in other words, a court order forcing the bully to stop.

The Texas case mentioned above involved a student who, on a social media discussion, was voted "most likely to shoot up the school." The online teasing soon escalated to in-school bullying, then the school got involved and treated the victim like a potential school shooter.

What Can You Do About Cyberbullies?

While the law provides for many different remedies and actions that can be taken when you, or a family member or friend, is the target and victim of a cyberbullying campaign, the right action can be elusive. The best thing you can do is get informed of your options as quickly as possible.

You may want to contact the authorities, school administration, and even likely an attorney, especially if the bullying seems to be seriously threatening, menacing, or causing a significant impact on the victim's life. If the cyberbully is using sophisticated hacking techniques, you should likely consider turning off your old tech until you've contacted the appropriate authorities.

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Tuesday, February 5, 2019

How NOT to Sue for a Slip and Fall Injury

Slip and fall accidents do occur, and the injuries sustained during and after a legitimate fall can be serious. But not all slip and fall claims are legit. And one example from New Jersey showed just how illegitimate some slip and fall lawsuits are, and absolutely what you should never do.

Alexander Goldinsky was caught on film faking a slip and fall while working as an independent contractor for a company in Woodbridge. And now Goldinsky has been arrested and charged with insurance fraud and theft by deception for fraudulently filing an insurance claim relating to his faked fall.

Good as Gold?

Because Goldinsky wasn't a regular employee, perhaps he was unaware there were surveillance cameras in the company's cafeteria. And he never thought prosecutors would catch him. As Middlesex County Prosecutor Andrew Carey described, "Goldinsky purposely threw the ice on the floor in the cafeteria at his workplace, placed himself on the ground, and waited until he was discovered." But the video is still impressive:

Felonious Fraud

"Fraudulent claims cost everyone," Carey added, "and we will aggressively prosecute those who illegally manipulate the system." Prosecutors have started cracking down on all kinds of insurance fraud, which is why you should never lie to an insurance company. Even if your scheme isn't as complicated as Mr. Goldinsky's, filing a false claim or lying to an insurance company about the extent of your injuries or losses -- even mild exaggeration -- can constitute felony insurance fraud.

Insurance fraud can cost the industry over $100 billion dollars a year, and slip and fall claims are some of the most common to be filed. If you're contemplating faking a slip and fall, learn from Mr. Goldinsky and just don't do it. And if you have a legitimate slip and fall injury, contact an experienced personal injury attorney to talk about your legal options.

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Friday, February 1, 2019

Rand Paul Awarded $580K for Injuries After Neighbor's Attack

Sen. Rand Paul's neighbor has been ordered to pay $580,000 in damages and medical expenses after losing the lawsuit Paul brought against him for injuries sustained when he tackled Paul over lawn maintenance issues at their shared property line. This award was on top of the 30 days the neighbor had to spend in jail plus a $10,000 fine and 100 hours of community service after pleading guilty for attacking a member of Congress, even though the argument was over grass and not weed.

Neighbor Fight Over Grass Pile

Sen. Paul was riding his lawn mower to cut grass. According to Paul, out of nowhere, after dismounting his mower to pick up a stick, he was pounced on by his neighbor, Rene Boucher. Paul didn't hear Boucher coming because he was wearing noise-canceling headphones, and therefore didn't have time to avoid or brace for the attack.

According to Paul, Boucher, an anesthesiologist, hit him with such force that they both flew five to ten feet through the air. The argument was over creation of grass brush piles. Boucher said he was still livid over previous piles Rand had made and subsequently pushed onto his property, which Boucher had set fire to the day prior. That fire exploded, and left second degree burns on Boucher's face, neck and arms, and Boucher said he was still in severe pain when he attacked Paul that next day. Rand doesn't dispute the brush piles, but claimed they were all on his property line, including the ones Paul burned and the ones he was making that day.

Rand Receives High Punitive Award

Boucher broke six of Rand's ribs in the tackle. Rand also said he was scared, as he laid on the ground in pain, and had a flashback to the 2017 shooting at a baseball practice members of Congress were having, which left Rep. Steve Scalise of Louisiana with serious injuries. It only took two hours for the jury to come back with the award: $375,000 in punitive damages and $200,000 for pain and suffering, plus $7,834 for medical expenses. Boucher plans to appeal.

If you have been attached, physically or verbally, by a neighbor, contact a local personal injury attorney. We all know that sometimes it's hard to get along with neighbors. But violence is never the answer. If you have suffered injuries, consider contacting a personal injury lawyer today.

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