Thursday, August 9, 2018

SoCalGas Settles Largest Gas Leak in U.S. History for $119.5M

For three months in 2015 and 2016, 109,000 metric tons of methane spewed into the atmosphere over the Aliso Canyon north of Los Angeles. Thousands were evacuated from the Porter Ranch suburb. California declared a state of emergency.

The state charged the Southern California Gas Company, or SoCalGas, with violating state health and safety laws by failing to promptly report the leak, and creating a public nuisance, and several other entities -- the city attorney's office, the county, and the California Air Resources Board -- filed lawsuits against the company. SoCalGas settled those claims yesterday, agreeing to pay $119.5 million in damages.

No Excuse

"There is no excuse for what happened," California Attorney General Xavier Becerra said in a statement. "For over four months, this leak exposed our communities to natural gas emissions that resulted in adverse health impacts and disrupted the lives of tens of thousands of Californians -- displacing two area schools and driving residents from their homes." Along with repaying city, county, and state services for their immediate response to the leak, SoCalGas will be required to:

  • Monitor methane at the Aliso Canyon facility and post data online in near real-time for eight years;
  • Create a new internal safety committee which shall remain in place for eight years;
  • Pay for a long-term health study to assess direct health impacts of the leak, a local air monitoring network in Porter Ranch, and a "Mitigation Fund," which will be invested in dairy biogas-collection infrastructure in order to fully mitigate the methane emitted by the leak; and
  • Fund additional environmental programs in and around Los Angeles.

The settlement also bars SoCalGas from Refrain from shifting the cost of this settlement and actions taken to respond to the leak to SoCalGas' ratepayers.

Settling

Not everyone is pleased with the settlement. Matt Pakucko, who co-founded the group Save Porter Ranch, told KTLA "[California Attorney Xavier Becerra] should be investigating, not settling." Jason Tokoro, counsel for L.A. County, however, said the settlement was probably the best deal city, county, and state officials could hope for. "We litigated this case all the way to the California Supreme Court," he said, "and there were certain things we were asking that the court told us we just couldn't get. Everything else that we sought, we got as part of this settlement."

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from Injured https://blogs.findlaw.com/injured/2018/08/socalgas-settles-largest-gas-leak-in-us-history-for-1195m.html
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Tuesday, August 7, 2018

McDonald's Drinks Spiked With Opioids and Cleaning Products

If one were to pay attention to such things, they would know that drinking Coca-Cola (or any high-fructose corn syrup soda for that matter) is not good for you, even under the best of circumstances. And we're not sure if you've heard, but McDonald's doesn't have the greatest rep when it comes to its coffee.

But when the Diet Coke is laced with an opioid, and the latte is more cleaning solution than steamed milk, things get even worse. Just ask two McDonald's customers who got a lot more than they bargained for in their beverages.

Drive Thru Dangers

Trevor Walker ordered two McDonald's happy meals for his kids, and two chicken sandwich meals for he and his wife, including two Diet Cokes. One of those Diet Cokes, as Walker would later find out, was laced with buprenorphine -- a heroin substitute, an opioid to treat opioid addiction. Fortunately for Walker and his children, he was home, composing an email when the drugs took hold, and was able to put his 8-year-old in charge of his one-year-old and fire off two frantic texts to his wife before he finally collapsed:

"Something is vey [sic] wrong with me. I am having sensations in my arms and everything is moving slowly. I'm feeling scared. I don't know what to do."
"I'm so scared I'm trying to be calm. I need you."

Walker's wife found him on the floor, and neighbors helped get him to a hospital. Walker, is, for the most part, fine now, but still suffers from severe anxiety and post-traumatic stress following the incident, according to his lawsuit against McDonald's. Walker claims the fast food chain is liable for breach of implied warranty, negligence, and negligent infliction of emotional distress after tracing the tainted beverage to a particular employee whose social media posts suggest he was both a drug user and no stranger to "disrespecting McDonald's customers through the Drive-Thru window."

The employee and his manager-brother have since quit McDonald's, but not before destroying all the video surveillance from the day Walker was poisoned.

Caffeine and Cleaner

Sarah Douglas ordered a latte for herself, but knew something was wrong from the first sip. "It wasn't a latte at all," Douglas told the CBC. "I opened up the lid of the coffee and out pours this pungent smell of chemical." Douglas immediately returned to the McDonald's and confronted management about the drink, only to discover that two lines used to clean out the machine with an acid cleaning solution were still hooked up to the latte machine, and the milk supply line was connected to the cleaning solution.

Douglas was eight months pregnant at the time.

She contacted poison control and was checked out and cleared by her physician, thankfully. From her interactions with the staff it didn't sound like it was the first time such a mistake had occurred, and although Douglas hasn't filed a lawsuit like Walker (yet), she wants some positive repercussions to come from her experience. "This needs to be more than a slap on the wrist," she said. "We need to take it more seriously when we are dealing with food handling, I mean, to put a lid on something that doesn't look like a latte, that should be your first indication."

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from Injured https://blogs.findlaw.com/injured/2018/08/mcdonalds-drinks-spiked-with-opioids-and-cleaning-products.html
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Thursday, August 2, 2018

National Campfire Day: Camping and Wildfire Injury Roundup

Some of us celebrate campfires every day. For the rest of us that live a little further from the wilderness, we might need an annual reminder or excuse to get out, gather around a fire under the stars, and share our best scary stories. That's what this Saturday's National Campfire Day is for.

But, as experienced campers know, fires can be dangerous, even in the best of conditions. So here are some of our best answers to questions about camping, campfire, and wildfire injuries from our archives: how to prevent them, and what to do if they occur.

1. Putting the 'Wild' in 'Wilderness': Top 5 Camping Injury Questions

Whether in a national park or state campground, injuries can happen. So find out what to do if you're injured while camping, and who might be responsible.

2. Is It Legal to Have a Bonfire?

Most campsites will limit the size of fire you can construct, other locations may allow for larger bonfires. But always check with local ordinances and any specific park rules related to fires before igniting anything.

3. Can California Homeowners Sue for Wildfire Damage?

When a campfire gets out of control, the damage can be catastrophic. And if you let a campfire turn into a forest fire, you could be facing both civil and criminal liability.

4. Top 5 Summer Camp Injury Questions

Summer camps can be a safe place to get an introduction to the wilderness and instruction on how to commune with nature safely and responsibly. It doesn't always work out that way. So, what happens if you or a child are injured at summer camp?

5. FDA Campfire Stories: 3 Spooky Food Recalls

Smokey aromas, spooky stories, s'mores, and maybe even some smoked sausages. Make sure you're keeping that campfire menu safe.

And if you are injured around or by a campfire this weekend, talk to an experienced injury attorney about your legal options.

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from Injured https://blogs.findlaw.com/injured/2018/08/national-campfire-day-camping-and-wildfire-injury-roundup.html
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Tuesday, July 31, 2018

Summer Boating Accidents: Top 3 Tips for Legal Liability and Prevention

Summer is the perfect time to be out on the water. The weather is great for swimming, skiing, fishing, or just cruising around. But the weather doesn't always stay great, some of those activities can be dangerous, and a few adult beverages can ruin everyone's day. So, how do you stay safe on the water this summer, and what do you do if there's an accident?

Here are three posts from our archives to help you learn about maritime law, prevent boating accidents, and figure out legal liability.

1. Florida Boating Accident Report Puts Spotlight on Maritime Law

You've probably heard that maritime law can be a little different than normal state or federal statutes. (Hopefully you didn't learn everything you know about maritime law from The Simpsons.)The operation of a watercraft is often regulated under federal admiralty or maritime law, meaning an injury suffered on board a boat or personal watercraft could potentially be governed by different statutes than the typical state laws that apply to most personal injury cases. Maritime law applies to almost all activities that take place on "navigable waters," which encompasses ocean waters, and lakes and rivers that cross state lines or are used for commerce/trade.

2. Top 10 Tips to Prevent Boating Accidents, Injuries

As you can probably guess, this list includes not drinking and driving on the water (yes, boating under the influence is a crime), obeying speed and right-of-way directions, and keeping an eye on Mother Nature. But there are also ways to keep a bad situation from getting worse -- so always have plenty of lifejackets on hand, and an emergency plan ready to go.

3. Boating Accident Liability: When to Sue for Wrongful Death?

And if the worst happens, who's responsible? Everyone driving a boat is responsible for operating it in a reasonable way, according to local boating regulations, as well as adhering to the norms on the water. But boat manufacturers and repair shops must also design, build, and maintain boats in order to maximize safety and reduce risk.

If you've been involved in a boating accident, contact an experienced injury attorney in your area to discuss your legal options.

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from Injured https://blogs.findlaw.com/injured/2018/07/summer-boating-accidents-top-3-tips-for-legal-liability-and-prevention.html
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Monday, July 30, 2018

Can Family Sue After Bridge Suicide?

Lael Feldman, a singer who performed under the name Lael Summer, leapt to her death from New York City's George Washington Bridge last August. In September, the Port Authority of New York began installing the suicide barriers on the bridge. But those measures should've been taken earlier, according to a $100 million lawsuit filed by Feldman's parents.

The bridge is a "suicide magnet" according to the lawsuit, so will the Port Authority be liable for Feldman's suicide?

Failed to Exercise Reasonable Care

According to the suit, the first suicide from the George Washington Bridge happened just a week after it opened in October 1931. "In the seven years leading up to 2016," the lawsuit claims, "approximately 93 people perished by jumping from the walkways of the bridge." And suicide attempts were occurring once every 3.5 days that year. At least 15 people leapt to their deaths in 2017, including five others in the same five-week span when Feldman leapt to her death.

During that time, and before, the Port Authority "failed to exercise reasonable care in constructing, operating, and maintaining the George Washington Bridge, [which] lacked adequate means restriction to prevent jumping suicides from its walkways," according to Isaac Feldman and Marla Mase. They are asking for $20 million in damages for four separate causes of action and an additional $20 million in punitive damages, totaling $100 million, claiming "that it was entirely feasible to [install suicide prevention fencing] many years before" the Port Authority finally did after Lael's death last year.

Loss and Liability

Figuring out who is liable when someone commits suicide can be difficult. Wrongful death claims following a suicide are based on the argument that the person would not have killed themselves but for the acts of the defendant. While some of those claims have been successful in cases of school bullying or drug side effects, they are much harder to prove against property owners.

If a loved one has committed suicide and you think it is someone else's fault, you may want to consult with an experienced personal injury attorney near you.

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from Injured https://blogs.findlaw.com/injured/2018/07/can-family-sue-after-bridge-suicide.html
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Thursday, July 26, 2018

Nail Salon Injury May Require Finger Amputation, Woman Claims

Many are willing to pay a high price for beauty. But a finger? That's too high.

Maria Luisa Gerardo visited TJ Nails in Phoenix, AZ to get her nails done, which she has done regularly for the past decade. But at her last appointment, the technician nicked her finger with a manicure tool. Though this can occasionally happen, this time her finger swelled immensely the next day.

Gerardo went back to the nail salon to inform them, and was given $100 and told to keep the wound clean. But as things got worse, she found herself at the doctor's office, and then the surgeon's office, as the wound continued to grow deeper, all the way down to the bone. The wound was infected, and might possibly lead to amputation.

Bacterial Infections Gone Awry

How can a simple pleasure go so wrong? Unfortunately, approximately 75% of U.S. salons do not disinfect their manicuring tools correctly. When unsterilized tools are involved in microtraumas to the skin, infection can set in. Hepatitis B, MRSA, Staph, and other life-threatening bacterial infections can enter the body. These can lead to potential amputations, as in Gerardo's case. Or even death, as in the case of one California girl who died of on an infection associated with bacteria she may have picked up during a pedicure in 2004.

In Virginia, the plaintiff in a negligence case against a salon was awarded just over $1 million in compensatory damages and $50,000 in punitive damages after suffering a bacterial infection from an unsanitary foot-soaking pedicure basin. There, three weeks after getting the pedicure, she developed a cutaneous mycobacterial infection that left scars on her legs. In one of the largest verdict of its kind, Kristina Preston was awarded $3.1 million in a manicure incident in which the plaintiff contracted herpes and bacterial infections on all ten fingers through non-sterile equipment.

You Take Your Victim as You Find Him

And if you are diabetic, your odds of infection are worse. In a classic eggshell plaintiff case in California, a woman infected during a pedicure had to have her pinky toe amputated. An infection set in after a technician cut in between her fourth and fifth toe. She warned the technician that as a diabetic, she had to be more careful of infection in her toes, but that didn't stop the cut, nor the infection, nor the amputation. That suit is still ongoing.

If you or someone you care for has suffered an infection from a salon visit, contact a personal injury attorney to see if you have a claim and can recover losses.

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from Injured https://blogs.findlaw.com/injured/2018/07/nail-salon-injury-may-require-finger-amputation-woman-claims.html
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Tuesday, July 24, 2018

TN Zipline Company Serves Customers Adventure, Exploration, E. Coli

CLIMB Works has been rated the #1 zipline in Tennessee for the past eight years, according to its website. But the reviews the company has been receiving this summer are far from positive. The Tennessee Department of Health revealed more than 500 cases of gastrointestinal illness were reported at CLIMB's facility near Gatlinburg since mid-June. Tests conducted by the TDH indicated contamination of E. coli in the well water CLIMB was serving its customers, and multiple patients tested positive for norovirus as well.

Unfortunately for the Manthey family from New Orleans, those announcements came days after their visit to CLIMB, when they had already consumed well water provided by the company. "As a result of drinking said water, the plaintiffs became ill," according to their new lawsuit, which seeks $50,000 in damages.

Water (and Bacteria), Water (and Vira), Everywhere

According to the lawsuit, the Mantheys drank water at the company that "was contaminated with fecal matter, E. coli, norovirus and/or other contaminants injurious to human health. As a result of drinking said water, the Plaintiffs became ill." Although the extent of their illness isn't detailed in the suit, exposure to some particularly nasty strains of E. coli can cause severe abdominal cramps, bloody diarrhea, and vomiting. Norovirus can also cause diarrhea and vomiting, as well as nausea and stomach pain.

Climb Works had allegedly gone eight years without well water monitoring, as required by the Tennessee Department of Environment and Conservation, and was cited by the Division of Water Resources for "being identified as a source of a waterborne emergency" and for "operating a public water system without notifying the Division of Water Resources prior to placing the new system in operation."

Plaintiffs, Plaintiffs, Everywhere

The lawsuit was filed on behalf of the Manthey family, and "those similarly situated who may have been exposed to contaminated water" while at the attraction from mid-May to mid-July 2018. The attorneys who filed the claim said there could be "hundreds" of eligible plaintiffs in the class-action suit, and will go about the process of identifying and notifying them of the suit through mail.

Along with damages for the family, the suit is asking for "a judgment for compensatory damages congruent with the damages they have sustained" for other class members.

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from Injured https://blogs.findlaw.com/injured/2018/07/tn-zipline-company-serves-customers-adventure-exploration-e-coli.html
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