Personal Injury Blog

Triangle Shirtwaist Factory Fire Memorialized Today

Wrongful Death Comments Off

Mar 252011

On March 25 every year the Triangle Shirtwaist Factory Fire is memorialized in New York City. People leave flowers around the Brown Building at 29 Washington Place and write the names of the deceased on the sidewalk regarding the event that happen in 1911.

Known as the deadliest industrial disaster of modern times, the fire killed 146 workers who were trapped by their bosses on 8th, 9th and 10th floors of the building. The managers had locked the garment workers inside the floors, forcing mostly women immigrants to work long hours for low pay.

Many people regard this event the beginning of the organized labor movement inside the U. S. Two of the company owners who survived the fire by going on top of the building to be later rescued while their employees burned below were the company owners Isaac Harris and Max Blanck.

Both men were acquitted of criminal charges for the offense. They were, however, found guilty in a 1913 wrongful death lawsuit and were forced to pay $75 per deceased victim as compensation. The insurance company paid Harris and Blanck around $400 per victim for the fire, so each profited from the loss of their employees.

If you think this has gone away then you should check out the list of companies today taking out dead peasant life insurance on their own employees.

Statute of Limitations for Personal Injury Suits

Legal Terms Comments Off

Feb 092011

The term “statute of limitations” refers to a law dictating the amount of time a person has to file a lawsuit after an incident occurs. Essentially a statute of limitations prevents someone from suing another person for an event that took place long ago.

After the time period is up, the victim has basically given up his right to recover monetary compensation. For personal injury suits, that is, those alleging wrongdoing on the part of the defendant which caused personal harm to the plaintiff, the statute of limitations can range from one to six years, depending upon the state in which the incident occurred.

Stipulations

• Discovery of Harm- The “discovery of harm” provision mandates that the statute of limitations does not apply until after the person realizes, or “discovers” that he or she has been harmed. For example, if a person is in a car accident and does not begin having back pain until six months after the incident, the statute of limitations does not begin on the day of the injury, but on the day that the harm has been discovered—in this case, six months later. Granted, the victim will have to prove that the back pain was a result of the car accident, and not some other injury or medical reason.

• Minors- If the victim in a personal injury suit is a minor, the statute of limitations does not begin until the individual’s eighteenth birthday. This stipulation protects the legal rights of children who may not know the law, or how to seek legal help, until long after the incident has taken place.

• Type of Injury-The statute of limitations may fluctuate depending upon what type of injury was inflicted. For example, a defamation case may have a different statute of limitations than a medical malpractice case. The laws regarding different types of injuries and the length of time you have to pursue a case change from state to state and over time as well, so your best bet is to seek counsel.

• Extensions- The statute of limitation can be extended in any personal injury case if extenuating circumstances exist. For instance, if the victim is incapacitated in any way due to the injury and cannot make legal decisions on his own, then the statute of limitations will not go into effect until after the individual recovers enough to pursue a suit. Other reasons that a statute might be extended, or “tolled,” in a case include a defendant’s financial status (such as bankruptcy) and cases in which the victim is deemed mentally incompetent.

Since laws often change, sometimes overnight, you need to seek legal assistance from a lawyer who is knowledgeable about the statute of limitations in your state. He or she can advise you as to exactly what your rights are. Despite the need for legal counsel, the statute of limitations is really about common sense—if you’ve been hurt in an accident or during a medical procedure, and you believe it was someone else’s fault, act right away. Don’t wait until it’s too late to receive the compensation you deserve.

Blizzard Wrongful Death Case No Snow Job

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Jan 202011

When New York City officials ignored blizzard warnings then failed to call for a snow emergency this lead to direful consequences. At least this is the contention of a family who lost their 75-year-old mother due to a heart attack and an ambulance that was 3 hours late in arriving due to the snow.

Because the streets were not plowed and because it took 45 minutes for 911 operators to answer the phone calls for help, the family of Yvonne Freeman is suing for wrongful death. The $20 million lawsuit is the first blizzard related wrongful death suit in America’s largest city.

The Freeman family is suing multiple agencies within NYC stating severe negligence in this case. The family also wants the city to make policy changes so that no one else will ever die again because of inaction of city officials to call a state of emergency when obviously necessary.

Frivolous Lawsuit Regarding Exploding Escargot

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Dec 172010

If it wasn’t for the fact that a frivolous lawsuit takes up the time of the plaintiff, defendants, the courts and many times lawyers and staff, some could be called entertaining. Such is not the case, however, in Northern California at a San Rafael restaurant where two men sued the restaurant for “exploding escargot”.

Supposedly garlic butter from the Seafood Peddler snails escaped from the shells and got splattered upon the shirts of the two men. The $7,500 lawsuit alleged negligence, pain and suffering along with staff indifference.

It’s these kinds of frivolous lawsuits that clog up the courts and push back dates for actual personal injury lawsuits that have merit. This case would have been better suited for Judge Judy than Judge Chernus who had to hear and rule on this ridiculous case. Mark another one up for the Darwin Awards.

Four Loko Lawsuits Pile On

Products Liability, Wrongful Death Comments Off

Nov 212010

Recently a couple of lawsuits have been raised against the drink Four Loko or “blackout in a can” by the family of a Florida man who committed suicide and a woman who lost her hand in a car accident. In addition, the Attorneys General of several states including Washington and California have asked the FDA to ban Four Loko.

Four Loko comes in a 23.5 ounce can and contains 12-percent alcohol with a high dosage of caffeine (three times as much as a cup of coffee). The FDA has already issued warnings to Phusion Projects, Inc. the makers of Four Loko stating that a beverage containing both alcohol and caffeine is unsafe.

The family of the Florida man is suing Phusion Projects (the makers of Four Loko) for wrongful death of their son, a 20-year-old college student who binged on the drink, then later shot himself in the head. The 20-year-old woman in Florida who lost her hand said that she wouldn’t have gotten into her friend’s car if she had known how drunk her friend was before the car crash.

The effects of Four Loko and other similar drinks that combine alcohol and caffeine are reported to mask the effects of the alcohol, so the person drinking the concoction and the people around them may not immediately be aware of the impairment.

Government Settles Native American Discrimination Lawsuit

Discrimination Comments Off

Oct 222010

The U. S. government has settled a discrimination lawsuit filed by Native American farmers. The $680 million class action suit includes the years from 1981-1999 when hundreds of the nation’s 60,000 Native American farmers claim they were wrongly denied loans. Also included is $80 million in debt relief.

As a result the farmers said that they had to sell off portions of their land. According to the settlement the farmers are being divided into two tiers according to economic loss. The lower tier can collect up to $50,000 each and the upper tier up to $250,000 each but more evidence is required for the upper tier.

According to an article in the International Business Times, “The settlement includes $80 million for debt relief and other assistance that will empower the community of Native American farmers. This includes the creation of the Native American Farmer and Rancher Council, a new federal advisory committee that will work together with USDA officials to discuss and execute the USDA’s programs.”

This is being seen as one remedy for a history of discrimination by the USDA.

SeaWorld, Disney Not Happiest Places for Wrong Death Lawsuits

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Sep 202010

They may be the happiest places on earth for the visitors who go to Disney World or Sea World in Florida. But, two recent high profile death concerning employees at both places are leaving the families of the departed wondering if and how much each facility will be held accountable for the deaths of their loved ones.

Austin Wuennenberg, a Disney World monorail driver was killed July 5, 2009. Wuennenberg’s mother has served Disney World with a wrongful death lawsuit.

On February, 24, 2010, Sea World Orca trainer, Dawn Brancheau was killed by the largest of the whales, Tilikum. Brancheau’s husband has sought legal representation but has not filed a lawsuit yet.

According to lawyers and lawmakers in Florida, both cases are either likely to fail or come up short in regard to compensation compared to employees in other states. Laws favoring businesses against employees have been strengthened over the past 10 years in regard to caps on damages and standards of evidence that need to be presented by plaintiffs in order to win their cases.

BP Oil Spill and Personal Injury Claims

Environmental, Negligence Comments Off

Jun 172010

The BP oil spill in the Gulf Coast region has been acknowledged as the largest environmental catastrophe in U. S. history. The Federal government has just forced BP in setting aside a $20 billion escrow fund (which is not a cap they say) in order to pay for claims arising from the oil disaster.

BP has also set aside a $100 million fund for its own workers who are unemployed because of this disaster. Meanwhile it is reported by CNN that BP workers (and out of work fishermen now working for BP) have been told not to wear protective gear in the cleanup effort.

This leads to a whole host of questions about legal issues that will be arising out of this BP oil spill disaster. The first and foremost is will the company survive this or will they go under? BP has said they will not offer a dividend to shareholders throughout 2010.

Since this is an environmental disaster, what kind of personal injury claims might go to court because of this? First, and foremost may be wrongful death cases of the 11 workers killed in the explosion on the platform.

Second, health issues from the workers who were told not to wear protective gear when cleaning up the oil spill may suffer medical consequences, injuries and bills because of this action on BP’s part.

Third, the citizens living around the Gulf Coast may suffer illnesses related to the oil spill including the dispersants used by BP to try to contain the oil at sea. The claims are just beginning and litigation on these cases, either individually or class action will continue for years.

Toyota Class Action Products Liability Lawsuit Imminent

Products Liability Comments Off

Mar 232010

A group of lawyers representing those injured or killed by Toyota cars are filing a nation-wide class action lawsuit against the world’s largest automaker. This products liability lawsuit concerns a document that says Toyota new about the unexpected acceleration of its Camry vehicles as early as 2002.

The document also counters the claim by Toyota that the unexpected acceleration was caused by faulty floor mats or sticky gas pedals. According to the Toyota technical service bulletin, dealerships were notified in 2002 about a problem with the Engine Control Module.

Toyota has continued to deny this was the problem. If this were to be the problem, the estimated cost of repair would be around $500 per vehicle, putting the total costs into the billions of dollars. Another reason that Toyota has pointed towards in the rapid acceleration is “driver error”.

If Toyota is found responsible in a court of law, then the costs could also be in the billions of dollars. The attorney representing the case will appear in San Diego later this week and make an appeal with the courts to combine the 88 individual lawsuits into one class action suit.

People with Disabilities in Napa Valley Getting Fair Housing

Discrimination Comments Off

Jan 162010

Napa Valley, California is also called “wine country” because of the number of vineyards and wineries in that location. Tourism brings in a lot of money from upscale wine connoisseurs and weekend wine tasters.

But, in the midst of this flowing wine and money, some people with disabilities haven’t been given a fair shake when it comes to housing. The 1991 Americans with Disabilities Act states simply that people in wheelchairs must have access to buildings.

One of the largest apartment developers in the U. S. with over 12,000 apartments, A.G. Spanos Companies settled the lawsuit. Some of the apartment units mentioned in the lawsuit reside in the city of Napa, California.

A.G. Spanos has agreed to spend $7.4 million to remodel apartment units nationally and $4.2 million into the National Fair Housing Alliance so that people with disabilities outside of the Spanos properties can make necessary modifications.

It is usually the architects and builders who are relied upon to bring the units up to Federal Fair Housing code and in this case it was found their was no willful disregard to do so. The settlement will also mean that the Fair Housing Napa Valley will get an extra $50,000 to make grants for people with disabilities within the county.

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