Cruise Ship Sued for No-Slip Flooring Injury

No good deed goes unpunished. That's what a Virginia dinner cruise line must be thinking, after it was hit by a lawsuit from one of it's passengers for, ironically, a no-slip-and-fall. While playing cornhole on an area of the ship with no-slip flooring, a passenger fell. He claimed the special flooring made it impossible for him to properly shift his weight while stepping to throw a beanbag.

Interestingly, one of the most common Maritime lawsuits arising from incidents on a cruise ship is a slip-and-fall claim. So what is a responsible cruise line to do? The honest answer is: do all you can do avoid slip and fall injuries. According to a 2010 survey, usually there are over 100 on-board slip and fall injuries reported per ship per year, and some lead to judgments in the millions of dollars.

Examples of Liability

Cruise ship operators are liable for injuries that happen on their ship, regardless of whether their actions were intentional or negligent, if a "reasonably careful ship operator" should have known something on their ship would cause an injury. You may wonder what sort of actions have created liability in the past. Though every situation is unique, historically, liability has been found when, on a ship, a passenger:

• Slips on a wet floor or a slippery surface
• Trips over a threshold
• Stumbles down a staircase
• Falls overboard

Determining Judgment Amount

If a passenger is successful in proving that a cruise ship operator is liable, he or she can be awarded a sizeable amount. The court will aggregate a wide range of bills, fees, and damages in order to come up with a money judgment, which can range from thousands to millions of dollars. Items to consider include:

• Loss of earnings
• Past and future medical expenses
• Past and future non-economic damages, such as pain and suffering, loss of enjoyment, mental anguish, disfigurement and disability
• Interest that could have been earned during the time span from the injury to the judgment

If you or someone you love has been injured in a slip and fall accident on a cruise ship, contact a local Maritime Law attorney today. Sometimes lawsuits must be filed within 12 months of the injury, so delaying could hurt your case. These legal specialists will be able to tell you your rights, and many will offer a free consultation to determine if your injury could result in a successful claim against the cruise line.

Related resources:

• Find a Maritime Lawyer in Your Area (FindLaw Lawyer Directory)
• Princess Cruises Sued for Gross Sewage Slip and Fall Injury (FindLaw Injured Blog)
• Can I Sue a Cruise Line for an Injury (FindLaw Injured Blog)

from Injured https://blogs.findlaw.com/injured/2018/07/cruise-ship-sued-for-no-slip-flooring-injury.html

Parkland Students Target Police in School Shooting Lawsuit

'This is a shot at specific law enforcement officials who failed the students on that particular day. Law enforcement choked and the goal of this lawsuit is to ensure that this never happens again. If they choke and they cause people to die, they will have to face the music.' That music, according to attorney Solomon Radner, is a lawsuit filed by survivors of the shooting at Marjory Stoneman Douglas High School in Parkland, Florida in February.

The lawsuit, filed last week in federal court takes aim at Broward County Sheriff's officers who either oversaw operations at the school or were on-site that day, claiming they failed to stop shooter Nikolas Cruz.

Eight Minutes of Hell

While none of the 15 student-plaintiffs were physically injured in the shooting, they are alleging that the officers' incompetence, poor training, and inaction caused "at least, psychological injury and trauma." During what the lawsuit referred to as "eight minutes of hell," it claims "failures by numerous government actors, including law enforcement, strongly continued to Shooter's ability to carry out this horrific attack without which this attack could not have happened."

Specifically, the suit focuses on several Broward County officers:

• School Resources Deputy Scot Peterson: Allegedly stood outside despite hearing gunfire from within (and has also been sued by the family of one of the victims);
• Sheriff's Commander Jan Jordan: Allegedly "refused to allow emergency personnel to enter the school, even into the safe areas, to save lives";
• Schools Guard Andrew Medina: Allegedly recognized Cruz as "a known danger" but did not stop or question him or lock down the school, instead radioing ahead to another monitor; and
• Three Other Unidentified Law Enforcement Officers: Allegedly stood outside the building with Peterson, guns drawn, but also didn't go in.

No Legal Duty to Protect

As egregious as those accusations may sound, suing the police is not easy. Unfortunately, even though police are tasked to protect and serve, courts have cited a "fundamental principle that a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen." Police, therefore have no legal duty to protect you and no legal duty to investigate crimes.

Medina's attorney, Russell Williams, seemed to argue as much, telling the Sun-Sentinel that Medina is "immune from prosecution, including civil action, as an individual unless the conduct at issue was committed with ill will, hatred, spite or evil intent. There's no way any expert is going to get on the stand and testify to that."

The shooting survivors may face an uphill battle in this lawsuit, but they've shown the willingness to fight before.

Related Resources:

• Police 'Choked' in Parkland Shooting, Lawyer Says, Announcing Lawsuit (CNN)
• Can A School Be Sued for a Shooting? (FindLaw's Injured)
• What You Need to Know About Suing the Police (FindLaw's Injured)
• Can Parents Sue Police for Not Arresting Drunk Driving Kid? (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/07/parkland-students-target-police-in-school-shooting-lawsuit.html

Families Sue Hoverboard Distributors After Fire That Killed Two Children

They neither hover, nor are they boards, yet we persist in calling them hoverboards. And despite the Consumer Product Safety Commission's warning that no hoverboard is safe, we persist in buying them, riding them, extracting teeth while riding them, doing drive-by shootings from them, and, yes, dying from them.

Now the families of two girls killed in house fire started by a hoverboard that burst into flames while charging are suing the distributors of LayZ Board self-balancing scooters, seeking around $700,00 in damages.

Where There's Smoke...

The March 2017 fire claimed the lives of 2-year-old Ashanti Hughes and 10-year-old Savannah Dominick in Harrisburg, Pennsylvania, and the CPSC ruled last year the hoverboard was at fault. According to PennLive.com:

Dominick heard a pop and saw the hoverboard burst into flames while connected to an electrical outlet around 7 p.m. on March 10, 2017. The blaze ignited some curtains and quickly spread, filling the home with smoke.
Savannah Dominick rushed upstairs to warn six other residents. The smoke detectors never made a sound, the suit states. Steven Dominick also ran upstairs but was unable to locate anyone in the thick smoke. He escaped by jumping from a balcony.
Savannah Dominick, Ashanti Hughes, two other children and an adult were trapped on a ledge, which collapsed, propelling Savannah back into the burning house, according to the suit. Ashanti landed on a second-floor roof, but that also collapsed, sending her into the flames.

...There's Fire

The lawsuit claims importers and distributors of the LayZ Board were negligent in continuing to market the devices even despite the risk of overheating and igniting. The lawsuit also names the owner of the house, saying the building lacked working smoke detectors, fire extinguishers, or a fire escape.

If you, like many others, have suffered a hoverboard injury, contact an experienced personal injury attorney today.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Hoverboard Injuries -- Do You Have a Case? (FindLaw's Injured)
• Real Hoverboard Is Fraught With Potential Hazards (FindLaw's Injured)
• CPSC Recalls Half a Million Hoverboards (FindLaw's Common Law)

from Injured https://blogs.findlaw.com/injured/2018/07/families-sue-hoverboard-distributors-after-fire-that-killed-two-children.html

FedEx Driver Almost Killed by Dry Ice Delivery, Sues

FedEx delivers an estimated nine million packages a day. That's a lot of boxes on a lot of trucks driven by a lot of drivers. And, for the most part, those packages are harmless and drivers don't need to know what's in each box.

But what if a driver is delivering a potentially dangerous package? What if they're delivering dozens of them, filled with frozen carbon dioxide, which, if it turns into CO2 gas, can lead to fatal hypercapnia?

Boxes Labeled Perishable

Karen Drake Jackson says she had no idea the 47 boxes she delivered for FedEx contained dry ice. "A few of the boxes were labeled perishable," her lawsuit against the company claims, "but the overwhelming majority had no label on them. None of the boxes were labeled as containing dry ice." Dry ice can be dangerous when it sublimates into large quantities of carbon dioxide gas in a non-ventilated environment.

And that's exactly what happened in Jackson's case. The driver alleges she would've died had it not been for the intervention of a local police officer:

At approximately 5:40 P.M. the Montgomery County Sheriff's Department dispatched an officer to 24701 Watson Road in Montgomery County to check on a white van parked by the side of the road. When he arrived, the officer found "a black female laying from the driver seat and slumped over into the passenger seat." After attempting to open all doors but finding them locked, the officer broke the small front window on the driver's side with his baton and, with the assistance of a medic, removed Karen Drake Jackson, who was unconscious, from inside the van.

When a HAZMAT team arrived and investigated the delivery, it found boxes labeled "Little Big Fudge" and found 47 boxes "filled with dry ice that was melting, releasing CO2 which displaced the oxygen and caused the medical emergency." Jackson is also suing the company that sent the boxes, TecMac.

Toxic Packages

Jackson was rushed to the hospital and has remained under medical care since the incident in August 2016. Her suit claims she suffered "acute hypoxia and a convulsive type episode ... respiratory failure, major neurocognitive disorder, depression and post-traumatic stress disorder." She's suing FedEx and TecMac for negligence in failing to warn her the boxes contained dry ice and were therefore dangerous to deliver, and for failing to have any policies requiring shippers to warn drivers that packages could be potentially dangerous.

She's asking for at least $200,000 to compensate for her injuries, physical pain, mental anguish, and lost income.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• FedEx, Bus Company Sued Over Crash That Killed 10 (FindLaw's Injured)
• Can Independent Contractors Get Workers' Comp? (FindLaw's Injured)
• Can You Sue If You're Hit by a Delivery Truck? (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/07/fedex-driver-almost-killed-by-dry-ice-delivery-sues.html

Top Law and Injury Tips for 4th of July Fireworks

It's as natural as the seasons changing -- as soon as summer arrives, so do the injuries. Sunburn, heat stroke, animal bites and stings, and swimming pool injuries. And, as the calendar approaches July, fireworks injuries.

Police are cracking down on illegal fireworks sales and communities are cancelling legal fireworks shows, for good reason. Fireworks, essentially decorative bombs, are dangerous. So much so that we have a whole trove of fireworks injury blog posts from the past few years. In another attempt to keep you and your family safe this July Fourth holiday, here are some of our best fireworks law and injury-related tips, from our archives.

1. It's a Tradition! Fireworks Laws and Safety Tips

Often the best safety tip is to simply follow the law. Don't purchase or use illegal or black-market fireworks that can be dangerous even if they work properly, and deadly if they don't. And if you're setting off legal fireworks, follow the instructions and warnings, and don't use fireworks in high fire danger places.

2. Can You Sue Neighbors for Fireworks Damage?

What if you're not the one using the fireworks? You may also be able to file a lawsuit if nearby fireworks use damages your property. If your homeowner's insurance doesn't cover clean-up or repairs, and your neighbor is, let's just say, less than helpful, you may consider filing a claim in small claims court.

3. If Injured by Fireworks, Can You Sue?

If you're injured in a fireworks accident, do you have any legal recourse? And, if so, against whom? That will probably depend on the specifics of your case. If your injuries were the result of another person's carelessness, you may have a negligence suit if the person failed to act reasonably. And if you were injured by a malfunctioning fireworks device, you could have a products liability suit against the manufacturer.

4. Fatal Fourth of July: 4 Worst Fireworks Injuries

As we mentioned, fireworks injuries can be serious. If you needed any more deterrent to being careless with fireworks this week, read on.

5. 5 Fourth of July Injuries You Can Easily Prevent

As dangerous as they are, fireworks aren't the only thing causing injuries around July Fourth. Here are a few, easily preventable injuries to look out for.

And if you are injured, by fireworks or otherwise, this Fourth of July holiday, contact an experienced personal injury attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• 4th of July Firework Beheads Fargo Man (FindLaw's Injured)
• Fireworks Accident Claims Man's Testicle (FindLaw's Injured)
• Fourth of July Accident: Fireworks Injure 28 (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/07/fourth-of-july-fireworks-safety-and-laws.html

Texas Bar Sued for Overserving Man Who Shot, Killed 8 People

On September 10, 2017, Spencer Hight walked into his estranged wife's home and opened fire on the football watch party she was hosting with an AR-15, killing her and seven of her guests. Before the shooting, Hight had been drinking at a bar down the street and was allegedly visibly intoxicated while he was being served.

Now parents of three of Hight's victims are suing the Local Public House in Plano, Texas, as well as the bartender who served him, claiming the bar was grossly negligent in failing to monitor Hight's alcohol consumption and continuing to serve Hight alcohol, and also that his intoxication was "a proximate cause" of the shooting.

The Bar Before the Bloodshed

Hight's behavior in the bar before he left was allegedly so alarming -- including spinning a knife on the bar and placing a gun on his table -- that bar employees called 911, but not in time to prevent the shooting. Dallas's WFAA has the details of the evening, according to the lawsuit:

The suit alleges Lindsey Megan Glass, a bartender at the Local Public House, knowingly over served a visibly intoxicated Hight before the fatal shooting spree. Glass allegedly continued to serve Hight alcohol despite seeing him walk with an "unsteady gait" and bump into patio furniture while "extremely intoxicated."
The suit then claims Glass texted another bartender, Timothy Brandt Banks, to tell him Hight was "drunk and being weird" and displayed a knife. Hight then allegedly displayed a gun and was later escorted out of the bar by Banks to his car, where the bartender asked him to leave his weapons before he reentered the business.

"Hight told Banks he was having problems with his estranged wife and had something to do 'tonight'," the lawsuit claims. "Banks told Hight he should do them when he is sober to which Hight responded that he 'couldn't do the things he needs to do tonight without being this intoxicated.'"

Ultimately, Banks was concerned "something bad was going to happen" and called the bar's owner, Jerry Owen, to ask whether he should call police, but Owen allegedly told him not to. Banks also asked whether he should tackle Hight as he watched him leave, and Owen once again said no.

Overserving Lawsuits

So-called "dram shop laws" can hold sellers of intoxicating liquors liable if a third party is injured as a result of a customer's intoxication. Texas's Dram Shop Act holds establishments liable for selling alcohol to obviously intoxicated persons if:

1. at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
2. the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

Given Hight's behavior in the bar and statements about what he was going to do, the victims' parents appear to have a pretty good case against the bar. If you have more questions about bar liability in injury cases where someone was overserved, contact an experienced injury attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• What Are Dram Shop Laws? (FindLaw's Injured)
• When Are Bars Liable for Overserving Alcohol? (FindLaw's Injured)
• Dram Shop Law: Liability and the Alcohol Seller (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/06/texas-bar-sued-for-overserving-man-who-shot-killed-8-people.html

When Should Parents Sue for Birth Asphyxia?

It sounds odd, but most of us parents love our kids so much, we've imagined all sorts of terrible and tragic ways they could get hurt. It's actually a sort of built-in function that allows us to anticipate danger and find ways to prevent it. Unfortunately, some danger and injuries are out of our hands.

One very early and potentially devastating injury a child can experience is birth asphyxia. However, there are a number of factors which can cause the condition, and not all of them are the result of someone's negligence. Therefore, it's not always clear when parents should sue for birth asphyxia.

What Is Birth Asphyxia?

Birth asphyxia occurs when the baby doesn't receive enough oxygen before, during, or right after birth. The extent of the damage depends on factors like how long the baby went without enough oxygen, and how quickly the appropriate treatment is administered.

There are a number of ways birth asphyxia can happen, such as problems with the umbilical cord or a defect in the baby's airway. But it can also be caused or significantly exacerbated by the negligence of medical professionals. This is when you might want to sue for birth asphyxia.

Who Can You Sue for Birth Asphyxia?

All hospitals and medical professionals have a duty to care for their patients in a competent, professional manner. To prove they failed in that duty you generally have to show that their conduct fell below a generally accepted standard of medical care, and that their failure caused harm to the baby.

Some examples of medical negligence include:

• When staff fail to provide oxygen to the baby in a timely manner;
• When a doctor prescribes unsafe medication during a patient's pregnancy (a pharmaceutical company may also be at fault for providing inadequate warnings in these situations);
• Failure to perform a necessary cesarean section;
• When a hospital allows a doctor or other staff member to provide care despite knowledge of their incompetence.

While the exact details vary from case to case, the bottom line is that birth asphyxia can have long-lasting, difficult, and expensive effects on a child and family. If your child suffered an injury at birth or during pregnancy, consult an attorney who can assess the facts of your case and whether or not you're entitled to compensation.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Delaware Jury Awards $3 Million in Birth Injury Case (FindLaw's Injured)
• $23.1M Malpractice Verdict for Brain Damage Birth Injury (FindLaw's Injured)
• Medical Malpractice In-Depth (FindLaw's Learn About the Law)

from Injured https://blogs.findlaw.com/injured/2018/06/when-should-parents-sue-for-birth-asphyxia.html