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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from Injured http://blogs.findlaw.com/injured/2019/02/lime-sued-for-scooter-accident-leaving-woman-in-vegetative-state.html
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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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from Injured http://blogs.findlaw.com/injured/2019/02/first-davids-law-lawsuit-filed-against-school-cyberbullies.html
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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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from Injured http://blogs.findlaw.com/injured/2019/02/how-not-to-sue-for-a-slip-and-fall-injury.html
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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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from Injured http://blogs.findlaw.com/injured/2019/02/rand-paul-awarded-580k-for-injuries-after-neighbors-attack.html
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Thursday, January 31, 2019

Can I Sue If My Neighbor Has Bees, Livestock?

Urban farming has given way to urban livestock ownership, and now every hippie and hipster in your neighborhood has chickens, bees, and maybe a goat or two. Which is all well and good for the decrease in their food bill every month, but what about the increase in noise and odor coming from their backyards?

The good news is that you may be able to file a nuisance lawsuit to address the problem. The bad news is that such claims are not always easy.

A Neighbor's Nuisance

As a general matter, you have a right to the enjoyment and use of your property. If another party interferes with that right, you may be able to sue. If that interference involves a physical intrusion onto your property, you would sue under trespass. If, however, the interference includes sound, light, or even odors, you may have a claim under private nuisance law. There are three main elements to a successful nuisance lawsuit:

  1. You own the land or have the right to possess it;
  2. The neighbor actually acted in a way that interferes with your enjoyment and use of your property; and
  3. Their interference was substantial and unreasonable.

The third element is often the hardest to prove, as it is intended to prevent people from suing for minor annoyances. Courts will ask whether the interference would be substantial to an ordinary person and weigh the harm caused by the conduct against the burden of preventing the harm and the usefulness of the act. This can be particularly tricky when neighbors are cultivating their property or housing livestock.

Other Options

If the farm next door is truly annoying, you may also check local laws and municipal zoning ordinances to ensure whether such activity is even allowed, and whether your neighbor is in compliance with those statutes. These laws can apply to both farming and livestock. And any homeowners associations may prohibit growing crops, keeping livestock, or selling the spoils of either.

You may be better off trying to solve the dispute privately with your neighbor before taking the matter to court. If not, you can find a local attorney in our directory below.

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from Injured http://blogs.findlaw.com/injured/2019/01/can-i-sue-if-my-neighbor-has-bees-livestock.html
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Wednesday, January 30, 2019

Will Trump Sue Over Latest Tell-All Book?

Another former staffer has dirt to spill on President Donald Trump. And the president again promises legal action, claiming the staffer violated a confidentiality agreement. While Trump is notorious for threatening lawsuits that never materialize, and his administration's non-disclosure agreements have been deemed potentially unenforceable and illegal, could this be the time that Trump actually sues, and the alleged NDA is enforced?

Here's a look.

Vipers' Nest

"Team of Vipers: My 500 Extraordinary Days in the Trump White House" was written by former Trump administration communications aide Cliff Sims, and released this week. Trump responded, as his is wont to do, on Twitter:

Despite the dissonance between claiming that a book is both "based on made up stories and fiction" and violates an non-disclosure agreement, Michael Glassner, chief operating officer of Trump's re-election campaign, confirmed the campaign was "preparing to file suit against Cliff Sims for violating" an NDA. (Sims, or his part, does not recall whether he signed an NDA, and responded to Trump's tweet in real-time while promoting the book, "Nice. There it is."

Free Speech Test

So what of Sims's potential legal liability? National security attorney Brad Moss believes that, while the non-disclosure agreement could apply to information Sims gleaned before Trump's inauguration, it would likely be unenforceable when it comes to his time working in the White House. "If the campaign is trying to impose their NDA upon Sims for disclosures tied to his time in the White House, they're going to run into the brick wall of established precedent on the subject," Moss told Law & Crime. "They would in effect be arguing that the court should allow a president's campaign to censor a former federal employee in a way that the government is barred from doing. Good luck with that argument."

As a general rule, government employees (and former employees) who speak out about matters of public concern, government corruption, or gross misconduct are protected from retaliation by the First Amendment, so long as the speech was not pursuant to their job duties and did not cause disruption in the workplace.

So, if Trump in fact follows through on his threat to sue Sims, he could be facing an uphill legal battle.

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from Injured http://blogs.findlaw.com/injured/2019/01/will-trump-sue-over-latest-tell-all-book.html
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