California Seniors: Home Abandoned Residents During Wildfire

Following the horrific accusations regarding a Florida nursing home in the wake of Hurricane Irma, you would hope California facilities would be on high alert during any natural disasters, like, say, a wildfire. Unfortunately, that wasn't the case.

"These people were left stranded," attorney Kathryn Stebner told the Los Angeles Times. "They had no keys, no cell service, no walkie-talkies. The three caregivers on hand did not know about any evacuation plan ... and in fact, were waiting for an executive director, who did not show up. How could they have gotten out?"

Nobody There

Stebner is representing four residents from the Oakmont of Villa Capri senior living facility in Santa Rosa, which was destroyed during wildfires that broke out in October. According the suit, Oakmont staff abandoned Elizabeth Budow, Alice Eurotas, Virginia Gunn, and Helen Allen during the fire, along with "other residents in wheelchairs, and other residents with dementia who were physically and cognitively incapable of escaping a burning building without assistance."

The building began to fill with smoke around 12:30 a.m., but staff (of which there were just three to care for over than 70 elderly and disabled residents) allegedly turned off the fire alarms and failed to wake residents to evacuate. Instead, Allen's son found her still in bed at 2 a.m. when he came to check on her. The lawsuit claims:

"The facility had no power and there were no back-up generators in use, nobody had access keys to the Oakmont vans parked at the Facility which could have been used to evacuate the residents, and nobody was in contact with the Executive Director of the Facility during this emergency."

Fraudulent Facility

The lawsuit also describes the "herculean efforts" two women made to ensure that other abandoned residents got out of the building, including using a car hitch to break open a door that locked 14 residents in the dementia care unit. Amazingly, no deaths were reported.

Villa Capri claims its staff was prevented by authorities from evacuating residents during the fire. In a separate lawsuit filed a month before the fires, four residents accused Oakmont alleged residents were found on the ground in the facility, left to sit in their own waste, and suffered unexplained injuries.

Related Resources:

• Find Nursing Home Abuse Lawyers Near You (FindLaw's Lawyer Directory)
• 4 Residents Sue Oakmont Senior Living (The Press Democrat)
• Preventing Injuries During, After Hurricanes, Storms (FindLaw's Injured)
• Lawsuit: Downed Power Lines Caused California Fires (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/california-seniors-home-abandoned-residents-during-wildfire.html

Black Friday Injury Roundup

We warned you -- Black Friday is dangerous. And, as expected, quite a few people were injured while trying to take advantage of some sweet shopping deals this year. While we're not quite as morbid as BlackFridayDeathCount.com (or as humorous as The Onion), it can be valuable to take a look at this year's injuries, how they might have been avoided, and what lawsuits may follow.

Here's a rundown of 2017's Black Friday injuries:

Shooting, Stabbing in Sears Parking Lot

Houston Police blamed Black Friday for a brawl between two men in a Sears parking lot that led to one of them being shot and the other being stabbed. "We don't know if they know each other, we don't know if they got into an argument inside the mall and they came out here, we don't know any of that," Sergeant Richard Rodriguez told Houston's Fox26. "Basically, it's Black Friday, a lot of people shopping, a lot of activity." Both men were taken to the hospital, and there may be some assault and battery lawsuits coming, in addition to any criminal charges.

Missouri Mall Mishap

Another shooting at a mall in Columbia -- this one after midnight on Thanksgiving -- left a Missouri man with life-threatening injuries. At this point, it's not certain whether the shooting was intentional or accidental, as both men involved knew each other, and the shooting occurred inside a vehicle, possibly while one was trying to holster the weapon. Even unintended shootings can be the subject of injury lawsuits, if the person with the gun was acting negligently.

'Bama Brawl

Some more shoppers trying to get a head start on Black Friday deals in Alabama ended up shutting down the mall instead. While initial reports of gunshots were debunked, video posted to social media shows two females fighting it out in the Riverchase Galleria in Hoover, both sustaining minor injuries. As the New York Post reports:

One witness said the fight happened at a store called Buckle. In the middle of the fight, a shoe flew over the railing and hit a baby one level below -- and that sparked a second skirmish, an onlooker said.

And, if you're wondering, yes -- you can sue someone for beating you up.

Hopefully you made it through Black Friday unscathed. If not, talk to an experienced personal injury attorney today.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Car Accidents and Cooking Fires: Here's How You'll Probably Die on Thanksgiving (Newsweek)
• 7 Tips When Suing a Retail Store for Injuries (FindLaw's Injured)
• Can I Sue for a Black Friday Injury? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/black-friday-injury-roundup.html

Jury Orders J&J to Pay $247 for Defective Hip Implants

Johnson and Johnson has become a regular subject of our injury blogs. From talc-based baby powder causing cancer to vaginal mesh implants causing bleeding and loss of sexual function to anti-psychotics causing breast enlargement in male patients, Johnson and Johnson has been the subject of hundreds of lawsuits and been forced to pay hundreds of millions of dollars in jury verdicts. To be fair, many of the allegedly defective products were made by J&J subsidiaries, but the most damning accusations claim J&J knew of the danger to consumers and sold the products anyway.

The same can be said for Johnson and Johnson's Pinnacle hip implants designed and manufactured by DePuy Orthopaedic. Johnson and Johnson faces some 9,700 lawsuits nationwide regarding the implants and has just been ordered to pay out its third jury award, this one for $247 million.

Not Too Hip

The latest verdict involved six New York residents who received the implants in order to treat joint failure caused by osteoarthritis. J&J marketed DePuy's metal-on-metal implants as a longer lasting alternative to similar ceramic or plastic implants. According to the lawsuit, that was far from the case. Instead, the plaintiffs experienced tissue death, bone erosion, and other injuries.

They sued J&J and DePuy, claiming Pinnacle implants were defectively designed and the companies failed to adequately warn consumers regarding the health risks involved. (The Pinnacle was discontinued in 2013 after the FDA tightened restrictions on hip implants.) The Dallas, Texas jury agreed, but it's far from certain the plaintiffs will actually receive the jury award.

Appealed Jury Awards

J&J released a statement saying it would appeal the verdict, and a DePuy spokesperson told Reuters the company is still "committed to the long-term defense of the allegations in these lawsuits." The companies have had some success in getting large jury awards reduced. A $500 million jury award in March 2016 was later cut to $150 million, and another $1 billion verdict that was slashed to $543 million.

This was the fourth of 9,000 test trials in a Dallas federal court, where both sides are hoping the outcomes will lead to settlements on the remaining claims, rather than more trials.

Suing for hip implant injuries can be complicated. If you're considering a medical implant lawsuit, talk to an experienced medical device attorney in your area.

Related Resources:

• Find Medical Device Lawyers Near You (FindLaw's Lawyer Directory)
• Texas Jury Awards Over $1B Against Johnson & Johnson in Hip Implant Lawsuit (FindLaw's Injured)
• $2.5B DePuy ASR Settlement Finalized (FindLaw's Injured)
• J&J to Pay $4B to Settle Hip Implant Lawsuits (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/jury-orders-jj-to-pay-247-for-defective-hip-implants.html

5 Most Common Black Friday Shopping Injuries (and What to Do About Them)

The crowds; the anticipation; the joy; and the pain. There really is nothing like the exhilaration and hysteria of Black Friday. One day every year, American shoppers lose their collective minds in an effort to save a few bucks on Christmas presents. But the damage and injuries sustained on Black Friday can last years or even lifetimes.

So here are the five most common Black Friday injuries, how to avoid them, and what to do if you can't:

1. Parking Lot Injuries: When Can You Sue?

Sometimes the injuries happen before you even make it in the front door. Considering the increase in shoppers, cars, and traffic, this is more likely than ever on Black Friday. But are stores liable for what happens in the parking lot? What if multiple stores share one lot?

2. How Not to Get Hurt in a Black Friday Stampede

If you've made it through the gauntlet of the parking lot, you've still got to survive the initial rush through the doors. Unsurprisingly, this is where a majority of Black Friday injuries occur. While stores have gotten a bit better about crowd control (following many lawsuits, of course), any time that many people are squeezing through that small of a space, injuries are bound to occur.

3. Shopping Cart Injuries: When to Sue

If you're still standing, it's time to grab a shopping cart. Most Black Friday shoppers aren't waiting that long and trampling their fellow humans to buy just one item. And if you thought there was a rush through the door, just wait for all those people hightailing it to the electronics department armed with a metal grate on convulsive wheels, and then their subsequent rush to the registers.

4. Can You Sue If a Box Falls on You at a Store?

Stores have stocked their shelves to the sky for Black Friday. And when customers start yanking out items willy-nilly, all that careful stacking goes out the window.

5. If You're Injured in a Fight, Can You Sue?

Not all Black Friday injuries are accidents. In a mad rush into and through a store, a lot of feathers can get ruffled, especially if there's only a limited number of a certain item. Are assaults only a criminal matter? Does the store bear any responsibility?

Considering the myriad ways you could be injured on Black Friday, you might just want to do your shopping online, in the safety of your own home. If not, you may need the services of an experienced injury attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Avoiding Black Friday Injuries (FindLaw's Injured)
• Can I Sue for a Black Friday Injury? (FindLaw's Injured)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/5-most-common-black-friday-shopping-injuries-and-what-to-do-about-them.html

5 Biggest Recent Slip and Fall Cases

Last week, an Alabama jury awarded $7.5 million to a man who fell while shopping for watermelons at a local Walmart. That may seem like a lot for a simple slip and fall, but security camera footage showed several shoppers suffering similar entanglements with a pallet hidden beneath the watermelon display, and Henry Walker went from playing basketball a few times a week with his friends to needing a walker just to get around after shattering his hip.

The case got us thinking about some of the biggest jury awards and settlements following slip and fall lawsuits, so here are the top five from our archives:

1. Slip-And-Fall Leaves Man Blind; Jury Gives Him $4M

Earlier this year, a jury found in favor of Bill Waite, who fell down an unmarked step along an otherwise level sidewalk. Waite, who previously had little to no functional eyesight in his right eye, struck his left eye against a chair, leaving him effectively blind.

2. Las Vegas Comedian Wins $1.3M Casino Injury Suit

The fall that left comedian George Wallace "permanently hobbled" with tendon damage was no laughing matter. The jury found the Bellagio liable for the onstage wiring in which Wallace became entangled, and compensated him for lost income.

3. Student Paralyzed in Apt. Fall to Get $11.6M

Lorna Bernhoft fell through a raised skylight opening on the fourth floor of an off-campus residence while a student the University of Pennsylvania. The fall left her paralyzed, and she reached an out-of-court settlement with the building's owners.

4. CO Trucker Wins $10M in Walmart Slip and Fall

In another case involving Walmart, Holly Averyt suffered debilitating back injuries resulting from a grease spill on a Greeley Walmart's loading dock. The retailer didn't do itself any favors in court, denying a spill ever existed before being confronted with city records of a grease spill investigation at the site.

5. Jury Awards $3.2M to Woman Injured at Ikea Store

Not a slip, but certainly a fall -- Xiaolei Zeng suffered a crushed pelvis when an eight-foot-high stack of countertops fell on top of her in a Potomac Mills, Virginia Ikea. Doctors testified during the trial that Zeng would likely suffer from lifelong pain.

Related Resources:

• Find Premises Liability Lawyers Near You (FindLaw's Lawyer Directory)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)
• Physical Evidence to Keep for a Slip and Fall Case (FindLaw's Injured)
• 7 Tips When Suing a Retail Store for Injuries (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/5-biggest-recent-slip-and-fall-cases.html

Walmart Watermelon-Buying Injury Nets Alabama Man $7.5M

Who knew shopping was this dangerous? Henry Walker found out while reaching for a watermelon in an Alabama Walmart in 2015. Walker's foot got caught in a wooden pallet on the floor, causing him to fall and shatter his hip.

Walker sued Walmart, claiming the retailer should've known the pallet was likely to cause an injury and failed to "exercise reasonable care, to maintain and keep its premises in a reasonable safe condition, and to warn the public of unsafe and hazardous conditions." A jury agreed, and awarded Walker $7.5 million in damages.

Precarious Pallet

Walker wasn't the only customer caught up in the pallet, hidden beneath the watermelon container. Walker's attorney showed jurors security footage from the Walmart depicting several other shoppers getting their feet caught in the side opening of the pallet. The same happened to Walker as he reached in for some fruit, and when he tried to turn around his foot got stuck and he fell.

"You don't expect to go into a grocery store walking fine on your two feet and come out on a stretcher," one of Walker's attorneys, Shaun O'Hara, said after the verdict. He pointed out that the 59-year-old played basketball with friends three days a week prior to the fall and now has to use a walker. "This fall completely changed Henry Walker's life," O'Hara said. "He is no longer able to do everyday activities that many of us take for granted."

Disability Damages

The jury needed just two hours of deliberation to rule in Walker's favor, awarding him $2.5 million in compensatory damages and another $5 million in punitive damages. "We are disappointed in the verdict and believe that the damages awarded were excessive in light of the facts in this case," Walmart spokesperson Randy Hargrove told AL.com. "We plan to appeal."

While Walker's attorney hopes the verdict will encourage Walmart to use pallet guards in the future, slip and falls at stores are sadly far too common. If you've been injured after falling in a store, talk to an experienced personal injury attorney about your case.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Walmart Shopper Hurt While Buying Melon Wins $7.5M Verdict (AP)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)
• Disabled Woman's Parents Sue Walmart Over Shoplifting Arrest (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/walmart-watermelon-buying-injury-nets-alabama-man-75m.html

Is the Air Force Liable in Texas Church Shooting?

Last week, Devin Kelley gunned down 26 people in a church in Sutherland Springs, Texas. As it turns out, due to an Air Force court-martial for domestic violence, Kelley should never have been allowed to purchase the AR-15 military-style rifle he used in the shooting. The problem was that the Air Force never reported his conviction to the National Criminal Information Center database used for gun-buying background checks.

According to the New York Times, the Air Force admitted that Kelley's domestic violence conviction should have been entered into the database and promised to conduct a review of similar cases to determine if others had been properly reported. But could that failure also lead to civil liability in the shooting? Here's a look:

Immunity?

While government agencies are often given immunity from civil lawsuits based on discretionary judgments, Timothy Lytton, law professor at Georgia State University, told Reuters the Air Force may not be able to invoke immunity in this case. When it came to reporting Kelley's domestic violence conviction, the Air Force failed to meet a legal requirement and such a failure does not fall within the service's discretion.

"I think plaintiffs have a strong case that could prevail against potential challenges from the government," Yale Law School professor Peter Schuck agreed, telling Reuters immunity would likely not bar a lawsuit filed by the victims and families against the Air Force based on Kelley's ability to purchase firearms.

Liability?

But just because the Air Force can be sued does not necessarily mean such a lawsuit would be successful. As other legal experts have pointed out, the central question would be whether the Air Force's clerical failure was the proximate cause of the deaths in Texas. Any injury lawsuit against the Air Force would be heard before a single judge rather than a jury, and courts have generally declined to find entities other than the shooters liable for mass shooting deaths.

No such lawsuits have been filed as of yet, but attorneys for the victims remain optimistic. "We believe we have a viable case against the Air Force," Houston attorney Hartley Hampton (who says he's been approached by the family of one of Kelley's victims) told Reuters.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• U.S. Air Force Could Face Liability in Texas Shooting: Legal Experts (Reuters)
• Could Mandalay Bay Be Liable in Las Vegas Mass Shooting? (FindLaw's Injured)
• Who's Liable for Gunshot Injuries? When Can You Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/is-the-air-force-liable-in-texas-church-shooting.html