Thursday, March 15, 2018

NYC Helicopter Pilot Sued for Negligence After Fatal Crash

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

How Did This Tragedy Occur?

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

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

Holding People Responsible for Being Negligent

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

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

Fertility Clinic Sued After Freezer Meltdown

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

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

What Happened at the Clinic?

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

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

The Lawsuit Against the Fertility Clinic

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

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

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

Cryotherapy Injury: When to Sue

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

What Is Cryotherapy?

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

Liability for Injuries From Cryotherapy

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

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

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

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from Injured http://blogs.findlaw.com/injured/2018/03/cryotherapy-injury-when-to-sue.html
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Monday, March 12, 2018

School Bus Driver Was Reckless, Negligent in Child's Death, Lawsuit Alleges

Parents try very hard to protect their children. But, this need to protect children must also be balanced with letting go of your children, such as letting them go to school. The hope is that the people that care for your children when you're not around will be responsible and ensure that your child stays safe. Unfortunately, this isn't always the case.

For example, Arlana Haynes, a 6-year-old girl in first grade died as a result of injuries she sustained in a school bus crash, and her parents say it was because the bus driver was negligent and reckless. Because they feel that this tragic accident was the result of bus driver's actions, Arlana's parents have filed a lawsuit against the bus driver and Houston County schools.

How Did This Tragedy Occur?

According to police, the accident occurred when the bus driver entered a left curve too fast and tried to veer right, which resulted in the bus leaving the roadway and rolling onto its side. Arlana was critically injured after she was ejected from the vehicle, and died in the hospital the next morning. The bus driver is currently facing criminal charges for reckless driving and vehicular homicide.

Holding the Bus Driver Accountable

In their lawsuit, the parents are claiming that the bus driver drove recklessly and was negligent by failing to make a proper and legal left turn, failing to keep a proper lookout, failing to apply the brakes in a timely and proper manner, and was traveling too fast in light of the conditions. The parents are seeking the value of Arlana's life (which will be determined later), as well as other damages against the bus driver and the school system, including punitive damages from the bus driver.

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from Injured http://blogs.findlaw.com/injured/2018/03/school-bus-driver-was-reckless-negligent-in-childs-death-lawsuit-alleges.html
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Friday, March 9, 2018

Pedestrian Deaths Remain High, New Report Finds

Whether major or minor, car accidents can be a scary and stressful experience. It can be an especially upsetting experience if a pedestrian is involved in the accident. And, according to a report by the Governors Highway Safety Association (GHSA), "nearly 6,000 pedestrians were killed in motor vehicle crashes in the U.S. in 2017, marking the second year in a row at numbers not seen in 25 years."

But, what's causing the high number of pedestrian deaths? While the report doesn't pinpoint any specific causes, it does note a few trends that may correlate with the rise of pedestrian deaths: the prevalent use of smartphones and the legalization of marijuana.

No Direct Cause Identified, Just Contributing Factors

It's important to first note that the report doesn't claim a specific link or direct correlation to the increase in pedestrian deaths. Instead it states that "more recent factors contributing to the increase in pedestrian fatalities might include the growing number of state and local governments that have decriminalized the recreational use of marijuana, which can impair judgment and reaction time for all road users."

In fact, Car and Driver writes that there was a collective 16.4% increase in pedestrian deaths when comparing the first six months of 2017 to the same time period of 2016 in states where marijuana was legalized. The study specifically named: Alaska, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and the District of Columbia. In comparison, all other states had a collective 5.8% decrease in pedestrian deaths for the same period of time.

Also mentioned in the report as a possible factor is the use of smartphones, which may apply to both drivers and pedestrians. After all, how many times have you seen people walking around with their head down looking at their phones, and not paying attention to where they're walking? Similarly, drivers who text while driving, or simply get distracted by something on their smartphone, create a hazard for both drivers and pedestrians alike.

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from Injured http://blogs.findlaw.com/injured/2018/03/pedestrian-deaths-remain-high-new-report-finds.html
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Thursday, March 8, 2018

When Can You Sue for Identity Theft?

With the convenience of technology comes new risks as well. Although identity theft can occur without using the internet, it does make this crime easier to commit. Having your identity stolen can be very difficult, especially since you may not discover it until much later than it actually occurred. Identity theft is a crime under federal law, and most states also have laws making it illegal.

But, considering the negative effects of being the victim of identity theft -- such as damage to your credit or loss of money -- you may wonder if you're entitled to pursue a civil lawsuit against the offender(s). Well, some states actually allow identity theft victims to sue under their identity theft laws. But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft.

Who Can You Sue and Under What Legal Theory?

Clearly, you can sue the thief, as he or she is the one responsible for your harm. However, it can be difficult to sue the thief because he or she may be hard to find. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. It may be possible, however, to sue others for their role in the identity theft.

For example, it may be possible to sue a credit bureau or business that disclosed your credit information. There are various legal theories that may apply in an identity theft case. Possible theories that a victim of identity theft could sue under include: negligence, invasion of privacy, breach of fiduciary duty, or infliction of emotional distress.

A Lawyer Can Be Very Helpful

Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. In addition, there are civil statute of limitations you need to be mindful of, as you don't want to miss the deadline for filing a lawsuit. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories, and civil procedure.

So, if you've been the victim of identity theft and are wondering if you can file a civil lawsuit, it's a good idea to contact a personal injury attorney who can review the facts of your case to determine who you may have a claim against and what legal theories may apply to your specific situation.

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from Injured http://blogs.findlaw.com/injured/2018/03/when-can-you-sue-for-identity-theft.html
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Tuesday, March 6, 2018

Girl Dies From Falling Mirror in Payless

A Georgia family is grieving after a falling mirror killed their two-year-old daughter, Ifrah Siddique, inside a Payless ShoeSource store. It's a tragic case touching on the legal responsibilities of retailers and the legal rights and remedies available to store patrons.

What Happened?

According to media reports, Ifrah was trying on shoes with her family when a large mirror fell off the wall, crushing her underneath. She was taken to Southern Regional Medical Center in Riverdale, Georgia, but was pronounced dead at the hospital.

There is an online crowdfunding campaign on LaunchGood.com.

Stores Have Legal Responsibilities

Unfortunately, shopping-related injuries and deaths occur. Shopping centers and stores attract lots of foot traffic, display marketing strategies see stores frequently re-arranging and moving heavy items, and management and employee attention to dangerous attractions and risky situations can be haphazard. Slip and falls, head and body injuries, even shopping cart related damages are part of shopping.

Injured Shoppers Can Sue

The law protects people from harm. Property owners can be liable for injuries to guests under a theory of premises liability, and businesses and employees for negligence resulting in harm to patrons and guests. When death results, surviving family members can bring a wrongful death lawsuit against the responsible business.

It's also really bad for business to have high-profile deaths or injuries at your store.

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from Injured http://blogs.findlaw.com/injured/2018/03/girl-dies-from-falling-mirror-in-payless.html
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