Negligence | Major Injury Law Blog

What Type Of Insurance Do You Need For Your Dog Breed?

Dog Bite Injury, Negligence Comments Off

May 022017

There is no debating the fact that dog breeds all have their own set of personality traits. With breeds selected for specific reasons, whether you have a purebred or a mutt, your dog might be someone who loves you – but that doesn’t always mean that they love everyone.

There are some dog breeds that were created to be man’s best friend, like the Labrador retriever, and they have very little risk of biting someone. Then there are other breeds, like huskies and pit bulls, who are known to be a bit more aggressive, territorial and protective.

You can’t really blame a dog when they bite someone if they were protecting the house, but that doesn’t mean that you might not be liable to pay for the dog bite. There are specific things that you need to do to limit your liability for dog bites. Not only could a bite end up costing you a whole lot, but you might lose your beloved dog if you aren’t careful. Each state has specific dog bite laws in place; knowing your state’s law can help you to avoid disaster.

According to recent studies, more than one-third of all homeowners’ claims made are related to dog bites. That costs the insurance industry more than $570 million a year. The average cost of a dog-bite claim is somewhere around $37,000 dollars, and it continues to increase every year. In fact, the amount awarded by insurance companies has risen over 90% in just the past 15 years.

Although not many homeowners give it much thought, prevention is the best way to ensure that you aren’t left with a costly lawsuit that jeopardizes your home and your dog. More than 60% of all dog-bite incidents happen on the owner’s premises, and in over 70% of those cases, the victim is either a family member or family friend.

Some breeds are more dangerous than others, but dogs are often a family member to most people, and it can be difficult for dog owners to see potential threat. No matter how well-trained dogs are, there are times when certain breeds’ instincts just take over. Some people think that certain dogs just get a bad “rap,” but the truth is that there are five breeds of dogs that are responsible for over 280 deaths in the past four decades.

The five top most dangerous dogs to own (regarding property liability) are:

Pit bulls
Rottweilers
German shepherds
Huskies
Malamutes

Although they are not solely responsible for all the dog bites that end in fatalities, the highest likelihood of bites are from pit bulls, Rottweilers, German shepherds, and huskies.

Each state has different dog-bite liability laws. There are specific types of dog owner liability clauses.

Strict liability for dog bites: In strict liability states, the dog owner is held strictly liable for any property damage or injury that is caused by their dog, even if the dog was provoked. There are, however, instances where if the dog was being provoked, the owner is no longer held liable.

One-bite rule: Currently there are sixteen states that don’t have any dog-bite statutes and have no consequences for an owner’s whose dog bit or injured someone. If it is the first time the dog has bitten someone, then often the injured person has no recourse. Unless the animal has demonstrated prior evidence of being vicious or dangerous to people, then the owner is presumed to be not liable. However, if the dog bites someone again then the liability is automatically on the owner.

Negligence laws: Some states use the clause of a person being unreasonably careless in training and controlling a dog. The child dog bite attorney must prove that the dog owner didn’t reasonably control their dog, thus there was an injury and the injury was directly related to the dog owner not taking reasonable care to ensure the safety of the injured person.

If you own a dog, you might think they are wonderful, and they might very well be. That doesn’t mean, however, that they won’t bite someone if they feel threatened. To make sure that you are covered if your dog bites someone, it is important to read through your homeowner’s policy to see if you need any special or additional coverage. Being safe is always better than being sorry. If you aren’t insured, you could stand to lose a lot more than just your best friend.

Could Sleeping Captain Have Taken Down The Spirit Of Baltimore Ship?

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May 022017

Last August, what started as a beautiful midnight cruise in Boston concluded with anything but a happy ending. There were 412 passengers on the Spirit of Baltimore who had their evening come to an abrupt end when the ship crashed into the Fells Point pier.

Although no one was killed, many passengers are suing for damages including pain and suffering due to the incident, which could cost the Spirit of Baltimore in excess of $1,000,000 if they are found liable.

Passenger Maurice Franklin insists that the sheer force with which the ship hit was enough for him to suffer injuries to his back, neck, and knees when he was hurled against a glass wall.

Franklin is not the only passenger to sustain injuries and pursue a cruise ship serious injuries lawsuits; several of the other people on the ship have claimed similar injuries and are likewise trying to recover their damages. The Coast Guard, which is in charge of the investigation, found that the captain had fallen asleep at the helm of the 100-plus-foot ship and gotten off course. That led to the ship hitting a floating pier within the Henderson’s Wharf Marina.

Felicia Morris, another of the ship’s passengers, testified that she was in a sheer panic, afraid that the boat was going to sink. Since she didn’t know how to swim, she was terrified when there were no lifejackets to be found, nor was there any staff ready and able to help.

Of the 412 people on board, 28 have filed suit with dollar amounts being anywhere from $5000 to over $1,000,000 against Spirit Cruises. According to maritime law, any company who is being sued by passengers is allowed to set a deadline for them to file suit, and the company may also limit the amount of money the suit will pay out, which is valued at the overall value of the vessel.

The US District Judge Ellen L. Hollander, has set the limit at $1.8 million dollars, and the deadline for filing was last month. On August 28, 412 passengers boarded the Spirit of Baltimore for a night of dining and dancing. As a midnight cruise, it was supposed to last from 12 until 3 AM. The ship was en route back to the dock at approximately 2:30, when it went off course.

The captain manning the vessel was immediately fired within 24 hours of the incident. The reason for his dismissal, according to the Spirit of Boston, was that his actions were completely unacceptable and negligent. Up until this incident, the Spirit of Boston had had an excellent track record with over 30 years in operation and no major accidents.

Investigators found that the captain of the ship had been working for three days prior to manning the cruise on his own boat, and he was already exhausted when he got behind the wheel. As per instructions, there was supposed to be a mate alongside the captain, but at 2:00, he was called away to deal with a drunk and disorderly passenger. It was at that time that the captain dozed off.

It wasn’t just passengers who were injured in the incident; the ship caused over $100,000 in damages to nearby recreational boats as well. The captain was not sure if it was the impact itself or the noise that woke him; he maintains that he quickly assessed the situation to find that there was a huge hole in the boat. To date, the captain has not been identified, and the defense attorneys for the Spirit of Boston have no comment on the incident.

When you board a cruise ship, the risks are as real as with any other type of moving vehicle. It’s putting your life in the hands of someone else behind the wheel; a midnight cruise might sound like a good idea, but only if the person manning the ship has enough sleep to maintain control. Clearly, the captain of the Spirit of Boston should have never taken 412 passengers out for a cruise that night in August. Luckily no one died in the incident, but that doesn’t mean that they couldn’t have.

Lawsuit: Charlotte, North Carolina School Released Girl to Her Rapist Twice

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Sep 072016

According to a lawsuit in Charlotte, North Carolina, a girl who was attending the 7^th grade was released by her own school to a man who had taken her to a certain house and sexually assaulted her, and this happened on two occasions. The lawsuit entails that the offender returned the young victim to school to finish the day when each of the incidents happened. The name of the girl was not stated in order to protect her identity as a victim of sexual abuse.

The formal charge against the offender was filed by the student, along with her mother, in court, initiating it to set forth for the court of a claim for relief from the wrongful conduct engaged in and from the damage caused by the perpetrator.

The lawsuit specifically states that the girl was a 7^thgrade student at the Kipp Academy Charlotte, which is a charter school, when the acts were committed by the offender when the 2013-2014 school year was about to end.

According to the attorneys for the complainants, a man with the name of Demetrius Fetherson has contacted the girl on the 26^th of March in 2014 on Facebook. They said that Fetherson told the girl that she was cute and that he would be able to help her with launching a career in modeling. The lawsuit further states that the man then showed up at the girl’s school the following day and checked her out of the premises by claiming that he was her uncle, and that he had to take her to an appointment with a doctor. The exhibits that were filed as part of the suit did not show Fetherson to be listed as one of the people who were authorized to pick the girl up from school. In addition, the list did not even have a certain uncle as an authorized person.

The lawsuit claims that the man had taken the girl to a brick house and engaged in “unconsensual sexual contact” with her, and the same incident happened once more 3 weeks later. Currently, Fetherson is serving time in a state prison after he pled guilty to 2^nd-degree rape.

Moreover, the lawsuit also names the Kipp Academy Charlotte, the educational institution’s board of directors and the Kipp Foundation. However, a representative for the school has declined to provide comments during the most recent litigation session, though he did respond to some questions about how the school responded to the incidents.

The director of Finance of Operations for the Kipp Academy Charlotte, Mark Chudzicki, stated that the school had conducted an internal review of procedures and policies after the incidents, and that some of the procedures they implement were changed. But when asked whether the school had notified the parents about the incidents in 2014 or not, he just answered, “I don’t recall.” Also, a voicemail that was left with the offices of the Kipp Foundation in San Francisco, California was not returned.

Reference

http://www.wsoctv.com/news/local/charlotte-school-released-girl-to-man-who-sexually-assaulted-her-lawsuit-says/432954384

Former Inmate Sues York Correctional Institution for Women for Traumatic Brain Injury

Medical Malpractice, Negligence Comments Off

Jun 092016

Amy Rolon, who served time in prison for charges of 6^th-degree larceny, has filed a $7.5-million claim for medical neglect against the Department of Correction (DOC) due to a traumatic brain injury she sustained while under the custody of York Correctional Institution in Niantic, Connecticut in 2014.

According to incident reports, Rolon repeatedly fell and hit her head during her struggles against heroin withdrawal, which lasted for about 2 days. In a very compelling surveillance video reviewed by supervisor Christopher Brunelle, Rolon is seen falling out of her wheelchair while staff members are just walking by and ignoring to provide assistance. Brunelle writes in his report:

“Inmate crawls out of cell on hands and knees as staff are walking towards her … [Two correction officers] walk past the inmate. Both officers staring at the inmate as they walk past and exit the unit …

“Inmate attempts to get into wheelchair by herself. Staff do not assist.

“Inmate falls out of wheelchair and onto the floor … (E)veryone watches. No staff attempt to help her up.”

Also, those who shared the cell with Rolon from October 30 to 31, 2014 reported to had repeatedly called for medical attention, as they watched Rolon stagger in and out of the bathroom, and then fall and sprawl on the floor. Though she then received methadone and other medications several times from nurses, it was not until the morning of November 1 that she received sustained medical attention after experiencing a violent seizure, with her mouth filling with blood from biting her own tongue. Also, all of these things occurred despite a court order stating that Rolon required detoxification and immediate medical attention upon being admitted to the correctional facility on October 30, 2014.

It took several hours until a psychologist recommended for Rolon to be checked at a hospital, and by the time she was sent to the Lawrence & Memorial Hospital emergency room in New London, she was already found to be in critical condition. She was then transferred to the Yale-New Haven Hospital ICU, where she received surgery for swelling and bleeding of the brain.

As a result of this incident, four officers at the correctional facility have been suspended and two nurses who worked for the Correctional Managed Health Care unit at UConn Health resigned, according to the correctional facility’s officials. Such a medical unit is aid to be holding a controversial, no-bid contract (worth more than $80 million a year) with the DOC to deliver mental and medical services to inmates.

According to Scott Semple, the Correction Commissioner, there was truly a violation to the protocol in the Rolon case, viewing it as a situation that is isolated to the staff members who are being suspended. After learning about how serious Rolon’s injuries were, York supervisors ordered an investigation at the scene where the incident happened, calling on state police investigators to document the chain of events.

Rolon, who is now a 38-year-old mother of five children, is partially paralyzed and is severely cognitively impaired. Needing constant care, she is residing at the Grandview Rehabilitation and Nursing Center.

Reference

http://www.courant.com/news/connecticut/hc-inmate-prison-medical-neglect-0520-20160519-story.html

Grandmother Files Lawsuit After Suicide of 6-Year-old

Negligence, Wrongful Death Comments Off

May 192016

There are personal injury cases that are based from the negligence doctrine. By nature, negligence will require everybody in a society to be responsible and avoid risking others. Although it doesn’t say that negligence results when somebody gets hurt, it is recognized in the doctrine that there are unavoidable accidents. To make the defendant liable, the plaintiff must provide evidence that the former would have done otherwise under the circumstances.

Cases of Negligence

Some examples related to negligence include medical complications due to carelessness of the physician, car mishaps due to drunk driving, and canine attacks when vicious animals are left out of the care of the owner. In such cases, the risks have been ignored by the responsible party which resulted to the injury of the plaintiff.

For this reason, the defendant is required to pay the plaintiff for the injury as a result of the actions done by the former. However, not all cases are the same since some damages can be calculated easily which can be linked to medical bills or property damage. For certain cases though that involve emotional distress or the loss of capacity to earn, it will require the testimony of an expert.

The Suicide Case of the 6-Year-Old

The case of the six-year-old female allegedly involved the failure of the child protection system at Hennepin County. Based from the statements of the grandmother Mary Broadus, it is only fair to claim damages resulting from the death of the victim Kendrea Johnson.

The suit stated that the county together with the foster providers as well as the mental treatment provider have knowledge about the suicidal tendencies of the child. Sadly, they weren’t able to take that issue seriously. As a result, they failed to work together to safeguard the young girl.

Failure of LifeSpan to Disclose Essential Information

LifeSpan is the agency taking care of Kendrea’s treatment for mental health and her schooling. They were fully aware of the behavior of the child. They allegedly have knowledge of how this girl was inclined to commit suicide based on their observations.

However, the lawyer of the defendants claimed that his clients weren’t guilty because of the lack of evidence that they were actually guilty. Thus, none of them did nothing wrong despite what happened to the victim. Additionally, he stated that the girl came from circumstances that were extremely difficult. In fact, the workers made sure that the child received the type of care she deserved.

The Foster Home

The child was placed in a foster home of a certain Tannise Nawaqavou at Brooklyn Park in 2014. Nawaqavou told the police that she was threatened by the girl with a screwdriver and even told her foster parent that she would jump out of the window to kill herself. Some pictures were also drawn by Kendrea depicting a child hanging from a rope, which supported the child’s suicidal tendencies.

Revocation of Licenses and Payment of Fine

The conclusion of the investigation of Kendrea’s death led to the revocation of licenses of Nawaqavou and her foster home. It was then found that although Nawaqavou wasn’t responsible for the child’s death, she was charged for locking the child in her room. An appeal was later filed but the DHS agreed with their request to keep operations after it will pay a fine of $600.

Reference

http://www.startribune.com/lawsuit-filed-after-death-of-6-year-old-foster-child/378815171/

Pop Warner Football Settles Brain Injury Lawsuit

Negligence, Wrongful Death Comments Off

Apr 232016

Pop Warner, the oldest and biggest youth football program in the United States, made news earlier in March when it settled a brain injury lawsuit that was filed by the family of a young man who committed suicide in 2012.

The victim, 25-year-old Joseph Chernach, died on June 7, 2012, when he hung himself in his mother’s shed. His family believed that one of the biggest contributors to his suicide was chronic traumatic encephalopathy or CTE, a type of progressive degenerative disease of the brain. This illness reportedly caused him to have poor mental capacity, prevented him from controlling his mood, and eventually pushed him to end his life.

The lawsuit was filed by Chernach’s mother Debra Pyka in February 2015 against the Pop Warner Little Scholars, Inc., The Pop Warner Foundation, and Lexington Insurance Company (Pop Warner’s insurer).

What is CTE?

CTE usually develops in people who undergo repetitive brain trauma, such as concussions. It’s common among athletes who play contact sports such as football (both American and association football), ice hockey, wrestling, motocross, and bull riding. It’s important to note, though, that it doesn’t only affect professional athletes; a recent study found out that even teenagers who play football for just a few years in high school can develop long-term brain damage — even if they don’t go on to play in college and professionally.

This seems to be what happened to Joseph Chernach. He played football with Pop Warner for three years (from 1997 to 2000) and went on to become an excellent student and athlete. But everything changed when he reached his sophomore year in college, when he began to exhibit changes in his mood, behavior, and cognitive functions. All three went on to decline every year until his death, causing him to be depressed and making him paranoid and suspicious of family and friends.

According to the lawsuit, Chernach reached the point when he could no longer “control the impulse to kill himself”. The lawsuit also pointed out that his suicide was the “natural and probable consequence of the injuries he suffered” when he played football with Pop Warner.

What does this case mean for other people?

The lawsuit filed by Chernach’s mother sought $5 million in damages, although the actual terms of settlement has not been revealed.

The settlement is one of the many cases that demonstrate the heightened awareness about CTE and the pressure that many football organizations face from people who are concerned about concussion-related damage. The National Football League is one such organization. In 2015, a class-action lawsuit was approved between the NFL and former players, ensuring that the ex-NFL players who retired on or before July 7, 2014, would receive up to $5 million each. This amount is provided to help the players with any serious medical conditions that are related to concussion-related head injuries.

The NFL, for the first time, has acknowledged that there is a link between football and CTE. Pop Warner, meanwhile, has taken steps to make football safer for the young people who play the game.

With the settlement of the Chernach lawsuit, ex-football players and their families may want to look into filing a personal injury lawsuit against the relevant organization. This way, they can seek compensation for the damages that they have suffered because of the illness and injuries that resulted from football-related brain trauma.

Reference

http://www.cnn.com/2016/03/09/us/pop-warner-concussion-lawsuit-settlement-player-suicide/

Man Has Heart Attack in Jail and Family Settles Lawsuit

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Nov 292015

In Lafayette, Louisiana, a family has settled a lawsuit against the sheriff’s department.

According to KATC.com, “The Lafayette Parish Sheriff’s Office has settled a wrongful death lawsuit over the death of an inmate in 2012.

“According to a release from Lafayette attorney Clay Burgess, the Sheriff’s Office agreed to pay $225,000 to the family of John Horace Howard Jr., a 63-year-old man who died of a heart attack in November 2012 after spending 16 days in solitary confinement.”

Lawsuit Calls for Major League Baseball to Provide Safety Netting

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Jul 152015

A season ticket holder for Oakland Athletics, Gail Payne, has filed a lawsuit in the federal court of Northern District of California against Major League Baseball (MLB) to seek class action status on behalf of all fans who would buy season tickets in unprotected areas in MLB parks.

The lawsuit calls for the protection of baseball fans from flying balls and bats by ordering the sports association to extend safety netting the entire length of the foul lines. The plaintiff stated that they are not asking for money, but instead want MLB Commissioner, Rob Manfred, to extend the screens, which just cover only a few sections behind the plate, to run from one foul pole to another.

A lawyer with the Seattle-based firm of Hagens Berman, Steve Berman, said, “I think it’s important when you have an issue like this not to monetize it, not to say it’s about people trying to get a bunch of money.” Berman is also the one who sued the US and international soccer authorities, asking them to change how they handle concussions.

Payne, who has been attending games of A’s since 1968, purchased tickets this year for the Oakland Coliseum section 211. Her lawsuit claims that 3 or 4 foul balls enter the section each game. The section is along the 1st-base line beyond the safety netting. The suit states, “She fears for her and her husband’s safety and particularly for her daughter. She is constantly ducking and weaving to avoid getting hit by foul balls or shattered bats.”

Now, the MLB Commissioner’s Office stated that they are discussing safety with the clubs, where the players’ association is becoming involved in the talks. “Fan safety is our foremost goal for all those who choose to support our game by visiting our ballparks, and we always strive for that experience to be safe and fan-friendly,” they said. “Major League Baseball is in the process of re-evaluating all issues pertaining to fan safety, comfort and expectations.”

The Merit of the Lawsuit As It Relates to Personal Injury

Payne’s lawsuit claims that there are 1,750 injuries every year that are caused by broken bats and foul balls, and these injuries could have been prevented. Aside from this, it complains that ballpark initiatives designed to attract younger fans, including video boards, mascots and Wi-Fi, are creating distractions that put children in even greater jeopardy. Moreover, it faults the sport for allowing players to switch to maple from ash bats; the former is said to be more prone to shatter.

The lawsuit also says that the sport has failed to provide its clubs with consistent guidelines for the safety of fans and failed to heed warnings from players. It adds that baseball failed to keep pace with other sports, such as NASCAR and NHL, which placed safety policies to protect fans from getting hurt with equipment and debris associated with the game.

Serious injuries and deaths at baseball parks catalogued by the lawsuit include the recent one where a Brewers fan was hit in the face by a foul ball and the old case where a 32-year-old man was killed in 1943 by a bad throw by Washington Senators 3rd baseman, Sherry Robertson. It also cites news reports where players asked for more protective netting during collective bargaining agreement negotiations from 2007 to 2012.

Virginia Women’s Prison Cruel and Unusual Punishment Healthcare Lawsuit Settled

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Nov 262014

At the Fluvanna Correctional Center for Women, 5 inmates brought forth a federal lawsuit saying that they healthcare was so bad that it violated the ban on cruel and unusual punishment.

According to the Times Dispatch, “Five inmates at the Fluvanna Correctional Center for Women filed the lawsuit in July 2012 against several Virginia Department of Corrections officials and the private contractor they hired to provide medical care. The plaintiffs alleged that prisoners suffer prolonged pain and deterioration of their health, and that some have even died because their medical needs were unmet.

“U.S. District Judge Norman Moon certified the lawsuit as a class action covering all of the prison’s 1,200 inmates last week … He also ruled in the inmates’ favor on two points — that state prison officials can’t abdicate their responsibility to provide adequate health care by hiring a contractor, and that the plaintiffs had serious medical needs.”

Man with Cerebral Palsy Killed in Jail Due to Jailor Neglect

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Sep 102013

The family of a Granite City, Illinois man with cerebral palsy is suing the local Village of Cahokia and 11 law enforcement officer for $1 million. The man was jailed for allegedly stealing a Walmart motorized vehicle and then a violent criminal was placed in the same cell.

According to the Belleville News Democrat, “Mark E. Luster, 42, of Cahokia, is charged with killing Timothy Johnson, 25, of Granite City, while the two were inmates at the Cahokia jail. The federal suit alleges jailers placed Johnson, Luster and another inmate in a two-person cell at the Cahokia jail on May 12, 2012, then ignored Luster’s threats to harm his fellow inmates …

“…Johnson was arrested on May 12 on suspicion of stealing a motorized cart from a Walmart next to his home, according to court documents. Due to his disability, Johnson needed crutches to walk … At some point, Johnson tried to get the attention of guards to help the third inmate who was having asthma-related health issues. Luster allegedly became angry with Johnson for requesting help, then killed him in the cell.”

According to court documents, Mark Luster had allegedly told jailors of his intent to harm his cellmates before this incident.

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