Maritime Conveyor Belt Accidents

Modern fishing vessels utilize conveyor belts to quickly and efficiently process their catches.

Conveyor belts are great for productivity, but they can endanger maritime workers due to employer negligence.

Conveyor Belt Dangers

Conveyor belts utilize a multitude of powered pulleys, with a continuous loop of material rotating around them. They have numerous moving parts that can snag a worker’s limbs or clothing, and these accidents are often due to:

• Inadequate guarding. Machinery at the end of conveyor belts should be equipped with guarding rails to prevent injury. Some conveyor belts merely have waist-high handrails, allowing a worker to come into contact with the belt. Burns, scrapes, cuts, and bone fractures are frequently the result.
• Improper training. Maritime employers should ensure that workers are properly trained in the use of conveyor belts. Lack of training may result in workers wearing loose clothing that gets caught in the conveyor belt, reaching for objects on the belt by hand, or trying to free up caught objects while the belt is still moving. These accidents can lead to severe hand and arm injuries, including lost limbs and amputations.
• Inadequate or improper maintenance. Parts that are broken or improperly installed can cause conveyor belt injuries when a maritime employer fails to ensure all components are in working order. Faulty or exposed wiring puts workers at risk for electrocution, which may cause burn injuries and cardiac arrest. Maintenance workers may also be injured when their limbs are caught between moving parts, resulting in amputations and broken bones.
• Improperly secured conveyor belts. Heavy objects can fall from unsecured or overloaded conveyor belts. Workers struck by objects may experience spinal cord injuries, lacerations, and traumatic brain injuries.

You Need an Attorney

Maritime workers are entitled to a safe working environment, with properly-maintained equipment aboard a seaworthy vessel. If you’ve been hurt in a maritime conveyor belt accident, you’re entitled to compensation for medical bills and lost income.

To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Hiring a Maritime Attorney Cargo and Barge Crew Member Risks Punitive Damages Under Maritime Law

 

Maritime Conveyor Belt Accidents

Party Bus Sued for Fatal Shooting in Santa Monica

After a party bus evening went tragically wrong last year, numerous plaintiffs have filed suit against the party bus company and the city of Santa Monica. Plaintiffs are suing over the shooting death of De’Ommie de la Cruz, including the deceased family as well as friends that witnessed the shooting. They are seeking unspecified damages.
Fatal Party Bus Incident Near the Santa Monica Pier
On November 3, 2017, De’Ommie de la Cruz and other female passengers were on a bus operating by Lion Limousine, celebrating a friend’s birthday. At about 1 AM, they asked the driver for a bathroom break. The driver complied and pulled into a parking lot near the Santa Monica pier.Nearby were men on another party bus, who appeared to the women to be gang members. The women were reticent about de-boarding, fearing their safety, but the bus driver allegedly told them this would be the last bathroom stop of the night. Gunfire soon ensued, and de la Cruz was shot multiple times. The bus driver drove to the Santa Monica Police Station. According to the suit, the officers would not administer aid to de la Cruz. Further angering the women, they allege the police did not allowed them to use the police station restroom, and instead were told to sit on the ground, “as if they were criminals,” so their photos could be taken.
Common Carrier Liability
According to the lawsuit, Lion Limousine is being sued because it is alleged they knew, or should have known, that the bus driver was incompetent or unfit to drive. Party buses, like most buses, are considered “common carriers” and must exercise a very high degree of care and diligence with regard to passenger safety. The crux of this case will likely turn on whether the driver’s actions to pull over near the other bus was unreasonably negligent, as well as whether it was negligent for the bus driver to drive to the police station instead of a hospital.
If you or someone you love has been injured in a party bus, or other common carrier accident, contact a local personal injury attorney. These sorts of lawsuits can be complicated, and a legal adviser can best navigate local laws and ordinances to help you get the relief you need.

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Party Bus Sued for Fatal Shooting in Santa Monica 

Family Sues Mexico Resort for Daughter’s Drowning

A family vacation in Mexico turned deadly for one Wisconsin family, and they’ve filed a wrongful death lawsuit in a Florida civil court to not only uncover the truth of that fateful day, but also to recover costs and damages. Though none of this will bring back their vibrant 20-year-old daughter, they hope it will help save the lives of future travelers and loved ones.
A Deadly Family Vacation
In January of 2017, Abbey Conner and her brother, Austin, her mom and stepdad, took a winter vacation to the Mexican resort town of Playa del Carmen, and stayed at the upscale Hotel Iberostar Paraiso del Mar. Austin and Abbey had a few drinks at the pool bar while their mom and stepdad were spending time on their own.When Austin and Abbey were late to meet for dinner, suspicions grew until the parents were given the news that their children had been taken to the hospital. Abbey had drowned under suspicious circumstances in a shallow area of the resort pool, shortly before dinner time. Austin was found unconscious in the pool with a large egg-sized lump on his head. Though the two were taken to the hospital, only one survived. Abbey was transported to a Florida hospital, where she never regained consciousness, was declared brain-dead, and subsequently died.
Over 200 Similar Incidents Reported
The family believes that Abbey and Austin consumed tainted alcohol at the resort pool. Austin has very little recollection of the events. His lack of memory is eerily similar to over 200 other Mexico vacation goers that have suffered similar fates to Austin, some after only one drink, leading many to believe the alcohol is tainted or that the guests are being drugged. Surprisingly, Abbey’s parents have found that the U.S. and Mexico governments have been reticent in gathering and disseminating information regarding these incidents. They would like to learn why.
Wrongful Death Suit
Because it is believed that Abbey’s death came as a result of tainted alcohol from the resort, her family has filed a wrongful death suit. The lawsuit alleges that Iberostar and its affiliated companies failed to take adequate safety measures, including preventing tainted alcohol from being served to guests, ensuring the bar and restaurant staff were properly trained, and providing adequate surveillance cameras and lifeguards around the pool. The suit also alleges that Iberostar failed to warn guests about the known threat of tainted alcohol, and refused to cooperate with the family’s investigation of Abbey’s death.
If you or someone you love believes they have been the victim of tainted alcohol or unknown drug use, call a personal injury attorney. Incidents such as these happen more often than the news reports, and you may be able to recover your costs, and in some cases, your confidence in the general public. But unfortunately for the Conner Family, some things you just can’t get back.

The post Family Sues Mexico Resort for Daughter’s Drowning  appeared first on Rutberg Breslow Personal Injury Law.

Family Sues Mexico Resort for Daughter’s Drowning 

Container Ship Accidents

Maritime workers are vulnerable to injuries stemming from the loading and unloading of container vessels.

Container Ship Injury Causes

As with most maritime incidents, container ship accidents are typically caused by negligence. Some of the most common accidents aboard container ships include:

• Slip and fall hazards. Poor ship design or maintenance can result in slip and fall accidents. Falls often cause knee injuries, torn ligaments, wrist and ankle sprains, and back injuries.
• Shifting containers. When shipping containers aren't properly secured, they can shift and fall. Since these boxes often weigh more than a ton, maritime workers struck by them may sustain devastating spinal injuries, brain injuries, and traumatic amputations.
• Explosions. Heavy machinery malfunctions may occur when equipment is defective or poorly maintained, resulting in fires and explosions. Many of the materials transported by container ships are flammable and explosive, and may cause serious burn injuries.
• Crane accidents. Cargo vessels and docks are typically equipped with cranes in order to expedite the loading and unloading of shipping containers. Lack of maintenance or improper operation of loading cranes may result in serious injuries, including broken bones, severed limbs, and spinal cord damage.
• Gangway accidents. Gangways are frequently used by maritime workers to board cargo ships, and their safety is regulated by the Occupational Safety and Health Administration. Gangways can fail due to improper maintenance and wire rope breakage, causing falls that result in head, neck, brain, and spinal injuries.
• Fatigue. Maritime workers routinely perform strenuous work, leading to extreme fatigue. This can cause serious accidents, particularly near the end of a shift when workers are exhausted.

Receiving Compensation

Shipping companies have a duty to keep their workers safe while transporting goods on container vessels. When they fail to do so, they can be held accountable for any injuries that result. If you were hurt in a container ship accident, you’re entitled to seek compensation for medical bills and lost wages. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Hand Injuries for Offshore Workers Maritime Crane and Cargo Accidents Cargo and Barge Crew Member Risks

 

Container Ship Accidents

Dutchess County Jury Awards Injured Man $2.7 Million

WKIP News – Nov 21, 2018 (Poughkeepsie, NY ) — A Dutchess County Jury has awarded a man 2.7 million dollars after he suffered serious and permanent neurological injuries after falling at a local Home Depot Store. 

The injured man and his wife were represented by Marty Rutberg and Larry Breslow of Rutberg Breslow Injury Law in Poughkeepsie. The firm says the jury split the responsibility for injuries 50/50 between Home Depot, for causing the fall by failing to maintain the shopping area in safe condition, and the victim’s orthopedic surgeon for failing to timely diagnose a post-surgery complete shoulder dislocation until 17 days had passed.

Attorney Rutberg said the trial lasted over three weeks. “The jury was the most attentive, conscientious and dedicated we have ever seen. Without people like them, our legal system could not function and our seriously injured clients could not move on with their lives. Larry and I find it fitting that this might well have been the last jury trial of Judge Jim Brands’ career, who retires at year’s end. Our community has been blessed to have someone like him on the bench these many years.”

The post Dutchess County Jury Awards Injured Man $2.7 Million appeared first on Rutberg Breslow Personal Injury Law.

Dutchess County Jury Awards Injured Man $2.7 Million

Action Steps in a Typical Texas Truck Accident Lawsuit

When pursuing a truck accident case in Texas, it’s important to understand the steps involved in the litigation process.

Personal Injury Claim Process

Here are the typical steps involved in making a Texas large truck accident claim:

• Choosing an attorney. Selecting an attorney is the first step in pursuing a truck accident case. Since Texas imposes a two-year statute of limitations on personal injury claims, truck accident victims should contact an attorney as soon as possible.
• Investigation. Once an attorney is hired, he'll begin investigating the claim. He'll likely visit and photograph the accident scene, locate and interview any witnesses, and obtain relevant medical records. Depending on the circumstances of the case, the attorney may also hire expert witnesses, such as economists and accident reconstructionists.
• Filing the lawsuit. After the investigation, a personal injury lawsuit is filed in Texas state or federal courts. Texas law requires certain documents be filed with the court, and that the defendant be notified of the pending litigation. Depending on the nature of the claim, the attorney may attempt to settle the case out of court.
• Discovery. Once the lawsuit begins, a formal investigation process known as discovery is permitted. This may involve attorneys for both sides taking depositions, wherein they ask relevant parties questions under oath. This process may last for months, or even years.
• Negotiation. Negotiation of a settlement is the most common conclusion of a personal injury lawsuit. While settlement and negotiation may occur at any point during a personal injury case, the vast majority of cases settle prior to reaching the courtroom. An experienced truck accident attorney can often negotiate a favorable settlement on behalf of his client.
• Trial. If the parties involved are unable to reach a settlement, the personal injury case proceeds to trial. The court sets the trial dates, and the judge or jury determines the outcome of the case and the amount of compensation.

You Need an Attorney

An experienced truck accident attorney can guide you every step of the way, and help you receive rightful injury compensation. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: What Should I Do If the Trucking Company Denies Liability? Truck Accident Liability Chains Can a Truck’s Co-driver Be Responsible for Causing My Crash?

 

Action Steps in a Typical Texas Truck Accident Lawsuit

Maritime Falls From Heights

Maritime workers often labor at great heights. Unsafe shipboard procedures, disregard for safety standards, and failure to properly maintain steps, ladders, and gangways may cause serious falls and debilitating injuries.

According to the Occupational Safety and Health Administration, falls are the second biggest cause of longshoring fatalities.

Causes of Maritime Falls

Many tankers, drilling rigs, and other maritime vessels and platforms have multiple decks, exposing workers to fall risks. Unsecured cargo holds and unguarded stairwells also endanger workers.

Other common causes of maritime industry falls include:

• Cluttered walkways
• Poor vessel maintenance
• Lack or improper usage of safety harnesses and shoes
• Improper catwalk usage
• Uneven walking surfaces
• Lack of situational awareness
• Insufficient safety training
• Slippery decks
• Lack of warning signs
• Broken or defective scaffolding or ladders
• Adverse weather conditions such as rain, ice, hail, and high winds

Common Fall-Related Injuries

Falls from heights aboard vessels may result in serious injuries, including:

• Brain injuries. Falls can cause a multitude of brain injuries, including contusions, concussions, and hematomas.
• Spinal cord injuries. Everything from spinal compression injuries, to fractured vertebrae, to dislocations and herniated discs may be caused by a serious fall.
• Facial injuries. Falls that impact the face may cause eye injuries, serious cuts, and fractures.
• Fractured bones. Bones in the legs, ankles, wrists, arms, and shoulders may fracture on impact.
• Soft tissue injuries. Falls may result in damage to tendons, ligaments, and muscles anywhere in the body.

Securing Your Recovery

Maritime employers and ship owners have a duty to ensure their vessels are seaworthy and safe working environments. When workers are injured due to a fall, they're often hospitalized for extended periods of time, with medical bills growing by the day. If you’ve suffered maritime fall injuries, your employer is responsible for providing medical care to help you heal, and income to compensate you for lost wages. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Serious Injuries From Maritime Slip, Trip, and Fall Accidents The Truth About Drowning and Hypothermia After Falling Overboard A Look at Maritime Safety and Injury Statistics

 

Maritime Falls From Heights

Can a Dating Site Be Sued If Your Date Turns Dangerous?

It’s hard to meet people these days, which is undoubtedly why there are so many dating apps currently on the market. But what if something goes wrong, like really wrong. Can you sue a dating app or website if your date turns out to be dangerous? Unfortunately, the answer may surprise you.
No Special Relationship Between Dating App and App Users
The Communications Decency Act generally bars liability of any dating app for harm happening from a third party user. Turning to state tort law and examining negligence, a duty of care only exists if there is a special relationship between the parties.In a recent ruling in the Ninth Circuit, no special relationship exists between a dating app user and the app itself. Therefore, without a special relationship, no duty is owed. In that case, Mary Kay Beckman was viciously stabbed and beaten by Wade Riley, whom she was matched with on Match.com. Beckman argued that Match had a duty to warn her that her date was dangerous, but the courts disagreed. With no special relationship established between Match and Beckman, Match didn’t even have a duty to warn, let alone any sort of duty to protect.
Actual Knowledge Can Be Hard to Come By
If, however, a dating app has actual knowledge that someone using their site has been found guilty of committing violent acts so similar that they would rise to the level of foreseeable harm, then it is possible there could be a duty to warn. Unfortunately, dating apps will not go out of their way to find this knowledge. For instance, in the Beckman case, Ridley did have a history of criminal violence, including domestic violence and battery about 10 years prior to this attack. However, Match was unaware of this criminal record and therefore did not have actual knowledge of foreseeable harm.
If you have been hurt, physically or psychologically, from someone you met on a dating app, contact a local personal injury attorney. There may be factors of which you are unaware that could give rise to a duty of care owed by the dating app. At the very least, a legal adviser can help you secure protective orders against your assailant, and may even be able to successfully sue to reimburse you for your costs, as well as pain and suffering.

The post Can a Dating Site Be Sued If Your Date Turns Dangerous?  appeared first on Rutberg Breslow Personal Injury Law.

Can a Dating Site Be Sued If Your Date Turns Dangerous? 

Lawsuit: Police Searched Wrong House, Cause $9K Damage

We’ve all heard stories of mistaken identity, but this is the case of a house’s mistaken identity. One family is suing the police department for searching the wrong residence described in a search warrant.

Right Suspect, Wrong HouseLast November, a young boy was shot in a drive-by shooting in Cleveland. In an attempt to find evidence against the shooter, Judge Sherrie Miday signed a search warrant, based on probable cause, for a house allegedly belonging to Larissa Harris, one of the shooting suspects, in the 16000 block of Lipton Avenue, as well as a vehicle belonging to the suspect. But in fact, the warrant detailed the wrong house, that of the plaintiff, Paula Mitchell, who lived across the street from Harris.
Faulty Warrant Could Have Been Cured With Adequate Surveillance
According to the plaintiff, the warrant detailed the wrong house, since it “failed to describe the actual residence that police should have surveilled.” Additionally, the lawsuit claims this mistake could have been corrected, since the warrant had a three-day window period, more than sufficient to determine the correct house to raid, according to plaintiffs. The lawsuit claims that the police should have “exercised reasonable care and due diligence through investigation, to make certain that they were surveilling and ultimately searching the correct residence.”
Police Sued for Searching Wrong House With Wreckless Abandon
When the police began the raid, Harris told the police they had the wrong house, but they refused to listen. Instead, plaintiffs claim the police violated their duty of care by searching the wrong house and then acting with “reckless abandon,” causing $9,000 in damages and inflicting emotional distress. As a result, the lawsuit accuses Cleveland Police Detective David Borden and 10 unnamed Cleveland police officers of one count of negligent, malicious, wanton and reckless conduct. Mitchell is seeking more than $25,000 in actual and punitive damages.
If you or someone you love has been the victim of a warrantless search, and suffered monetary damages as a result, contact a local personal injury attorney. You may be able to recover for your losses, and potentially send a message to the police about the care that should be used when conducting a search.

The post Lawsuit: Police Searched Wrong House, Cause $9K Damage  appeared first on Rutberg Breslow Personal Injury Law.

Lawsuit: Police Searched Wrong House, Cause $9K Damage 

How to Avoid Potential Mistakes in Your Maritime Case

Injured maritime workers are entitled to compensation, but mistakes made during the claims process can interfere with a successful resolution of the claim.

Common Maritime Claim Mistakes

There are a few mistakes maritime workers often make that may prevent them from receiving the compensation they deserve:

• Only seeing the ship doctor. When a worker is seriously injured at sea, he may need to visit the physician aboard the ship for diagnosis and treatment. However, it is critically important to follow up with another physician for a second opinion as soon as possible. Since the ship’s doctor typically works for the maritime employer or vessel owner, he has a powerful financial incentive to minimize treatment costs and return workers to the job as soon as possible. That may be great for maritime companies, but it can be devastating to the health of their employees.
• Returning to work right away. Financial pressure due to mounting medical bills and lack of income may prompt injured maritime workers to return to their jobs too soon. An employee who resumes work before his injuries are healed is jeopardizing both his health and his financial recovery. The insurance company may use his premature return to work as an excuse to limit compensation by arguing his injuries really aren’t that serious. The smartest move an injured maritime worker can make is to follow his doctor’s advice, stick to the treatment plan, and delay a return to work until he heals.
• Failing to get help. Maritime employees sometimes attempt to represent themselves when filing injury claims. Unfortunately, the companies they work for have skilled legal representatives gathering evidence, hiring expert witnesses, and preparing a strong defense. Injury victims should be represented by an attorney who's equally skilled.

You Need Representation

If you’ve suffered injuries as a maritime worker, you need representation by an experienced attorney who can help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Settling a Maritime Claim Hiring a Maritime Attorney The Suits in Admiralty Act

 

How to Avoid Potential Mistakes in Your Maritime Case

Surveillance After a Maritime Injury

Maritime workers injured on the job often wonder if their employers are really allowed to obtain video surveillance of their activities. When this evidence is secured in response to their filing of a maritime injury claim, the answer is generally yes. Any suspicious activity recorded will be used against an injured employee in an effort to reduce or deny his claim.

Reasons for Video Surveillance

Maritime employers frequently hire private investigators to obtain video evidence of the activities of an injured worker, in order to demonstrate that the employee:

• Misrepresented his injuries. If video surveillance shows that an injured maritime employee is capable of doing work which he testified he can no longer perform, this evidence can seriously undermine his injury claim.
• Performs manual labor. The degree to which an employee was injured is one of the primary factors impacting the value of a maritime injury claim. If an employer obtains video surveillance of an employee performing strenuous work, this evidence may severely limit the damages he can collect.
• Engages in regular tasks. Even when a maritime employee hasn’t lied about his injuries or hasn’t been caught performing strenuous tasks, surveillance can still be used against him. Evidence that simply shows an injured worker performing everyday activities may jeopardize his claim. An accident victim must demonstrate that his injuries had a significant impact on his life, so video surveillance showing him engaged in routine activities may trivialize his ailments.

Challenging Surveillance Evidence

If you were injured in a maritime accident, your employer will likely attempt to obtain surveillance video of your activities. An experienced maritime injury attorney can provide valuable advice regarding life under surveillance, and challenge your employer’s assumptions and assertions.

You need help from a legal representative who knows how to protect your rights and fight for the compensation you deserve. To discuss your claim, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: How a Workers’ Compensation Lawyer Can Help You Insurance Adjusters Spying on Injured Workers Why You May Not Receive Workers’ Compensation

 

Surveillance After a Maritime Injury

Construction Worker Shoulder Injuries

Shoulder injuries can take a long time to heal, and they often cause construction workers to miss a lot of work.

According to the United States Bureau of Labor Statistics, shoulder injuries caused employees to miss a median of 26 days of work during 2014—more than any other body part.

While every shoulder injury is unique, the symptoms construction workers typically experience are extremely disruptive to both their work and personal lives.

Typical Construction Shoulder Injuries

Shoulder injuries suffered by construction workers can vary in severity from minor strains to complete impairment. Some injuries occur instantly, while others develop slowly over long periods of time. Overexertion, repetitive motions, falls, and equipment accidents are all typical causes of construction shoulder injuries, including:

• Shoulder strains and sprains. Overexertion or tearing of muscles, tendons, joints, and ligaments may cause shoulder strains and sprains.
• Shoulder dislocations. Sudden and sharp arm movements can cause the bone to come out of the socket.
• Rotator cuff damage. The rotator cuff is typically injured by repetitive overhead arm movements, though damage may also be caused by a single accident.
• Tendonitis. When the tendons attaching the bones and muscles are strained, the tissue around the tendons can become inflamed and painful.
• Fractured or broken shoulders. The collarbone or shoulder blade can break due to falls and heavy equipment injuries.

Shoulder Injury Consequences

While all of these injuries are different, they may have the same impact on the life of the injury victim. Shoulder damage can prevent a construction worker from returning to his job, and require him to receive steroid injections, physical therapy, and surgery. The shoulder can take months to heal, depriving the injured worker of the income his family needs.

If you’re suffering from construction work shoulder injuries, you’re entitled to receive workers’ compensation payments for your lost income, as well as coverage for your medical bills. Your attorney can also help you pursue compensation from any third parties responsible for your injuries. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Types of Construction Site Accidents Common Construction Site Accidents Securing Workers’ Compensation After a Construction Site Accident

 

Construction Worker Shoulder Injuries

Walgreens, CVS Sued for Opioid Sales in Florida

Florida added Walgreens and CVS to the lawsuit it filed last spring against Purdue Pharma and several opioid distributors. Attorney General Pam Bondi claims these chains played a major role in creating the opioid crisis that has rocked not only Florida, but most of the Eastern United States by allowing its pharmacists to fill suspicious or unreasonable opioid prescriptions.
By the Numbers
The opioid crisis is still in full swing. According to the Center for Disease Control, about 45 people each day die from opioid overdoses. But how can that be tied to Walgreens and CVS? The circumstantial evidence is quite compelling. The lawsuit states that Walgreens distributed 2.2 million opioid tablets in just one month from its Hudson store, located in a town of just 12,000 inhabitants.And there are other Florida Walgreens with similar ratios, including some whose opioid sales have jumped six-fold over the last two years. CVS numbers aren’t as convincing, but it too has disproportionate sales in the town of Hudson. The concept is that drug dealers would send associates to get prescriptions for opioids from local doctors, get them filled, and then sell the pills on the black market through a distribution system that spans the eastern states. Shockingly, at one point in the early 2000’s, 90 percent of the nation’s top opioid prescribing doctors were from Florida.
Walgreens Previously Fined for Similar Issue by DEA
In 2013, Walgreens paid $80 million in fines to resolve a Drug Enforcement Agency (DEA) inquiry into its “unprecedented number” of inadequate record keeping and dispensing violation of opioid sales in its Florida pharmacies. CVS faced a similar problem with the DEA in 2015, and agreed to pay $22 million. It is believed that because inadequate records were kept, pharmacists were not able to abide by the law, which states that pharmacists must refuse to fill prescriptions they suspect are for an invalid purpose, such as being resold on the black market.
CVS Claims The Crisis Isn’t Their Fault
Though Walgreens hasn’t commented on the suit, CVS has stated there’s no way they are responsible. “Over the past several years, CVS has taken numerous actions to strengthen our existing safeguards to help address the nation’s opioid epidemic,” CVS spokesperson Mike DeAngelis said. The company claims it has trained its pharmacists to detect potentially illegal sales and has instructed them on their corresponding legal responsibility.
Stay tuned to find out if more companies will be added to this lawsuit, and if further evidence will come to light tying a firmer causal connection between plaintiffs and the opioid crisis.

The post Walgreens, CVS Sued for Opioid Sales in Florida  appeared first on Rutberg Breslow Personal Injury Law.

Walgreens, CVS Sued for Opioid Sales in Florida 

Construction Worker Knee Injuries

The knee is largest joint in the human body. It allows you to stand, walk, run, sit, and lie down. Damaging it can lead to severe pain with a long, difficult recovery.

Construction Knee Injury Causes

As one of the hardest working joints in the body, the knee is critical for weight-bearing and mobility.

Many construction workers put enormous pressure on their knees every day, and knee injuries are often caused by:

Falls

Even a relatively minor fall can damage the knee. This damage may include:

• Fractures. The patella, at the front of the knee, may be fractured or broken by a fall. The surrounding tendons and ligaments can also be damaged, causing severe pain when the knee is bent.
• Torn ligaments. Ligaments connect bones to other bones in and around the knee joint, and they can be sprained or torn during a fall. Ligament tears typically result in swelling and bruising, and use of the joint is difficult and painful.
• Ruptured tendons. Tendons are strong cords of fibrous tissue connecting muscles to bones, and the patellar tendon attaches the bottom of the kneecap to the top of the shinbone. These tears typically result in pain, tenderness, bruising, and cramps.

Repetitive motions

Kneeling or carrying a lot of weight on a routine basis can lead to repetitive stress knee injuries. These injuries may cause:

• Small tears in the tendons, or tendinosis
• Inflammation or bursitis
• Thickening or folding of the knee ligaments, or plica syndrome

Receiving Compensation

Knee injuries can result in expensive medical bills and long periods away from work, leading to serious financial difficulties for many construction workers. If you’ve suffered knee injuries at work, you’re entitled to receive workers’ compensation benefits to cover your medical bills and provide income while you recover. If your injuries were caused by a third party’s negligence, your attorney may also help you pursue compensation through a personal injury lawsuit.

To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Common Types of Repetitive Motion Injuries Suffered On-the-Job Construction Site Fall Injuries Common Injuries Associated With Roofing Accidents

 

Construction Worker Knee Injuries

Must I testify in my own vehicle accident case?

You probably won’t be required to testify regarding your vehicle accident claim, since the overwhelming majority of these cases never go to trial. Even when a lawsuit is filed, most of the time these claims are settled out of court before the trial takes place. There are two primary reasons for this:

• When current medical expenses are well-documented and credible experts have correctly estimated future costs, there's little to argue about in court.
• Litigation is costly, especially when expert witness and court reporter expenses are involved. The expense of a court trial may outweigh the cost of medical treatment.

The Trial Process

Vehicle accident trials may be rare, but they're occasionally unavoidable. Disagreement between the parties may become so contentious that a settlement cannot be reached, requiring a jury trial.

Should the case go to court, the plaintiff must convince a jury the defendant was negligent, that this negligence caused the collision, and the collision resulted in injury. To do so, the plaintiff must provide evidence, and this evidence may include his own testimony. The plaintiff benefits from an opportunity to testify in court when he's able to convey information to the jury that strengthens his case. He can provide his perspective about the cause of the collision, the injuries he sustained, and the pain and suffering he must now live with.

However, testifying also gives the defense attorney an opportunity to discredit an inadequately-prepared plaintiff through cross-examination.

Preparing for Trial

If you’ve been injured in a vehicle accident, your claim will likely be resolved without a trial. However, if your case does go to court, your attorney can help you prepare for it.

The thought of testifying in court may be intimidating, but an experienced attorney can guide you through the legal process. He'll review questions with you that you’re likely to be asked, and advise you regarding appropriate dress and behavior in court. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Hiring the Best Vehicle Accident Attorney for Your Case What You Need to Know Before You File a Car Accident Claim Questions to Ask When Choosing Your Car Accident Representation

 

Must I testify in my own vehicle accident case?

Woman Blinded by Unproven Stem Cell Procedure, Lawsuit Claims

All the damage relief in the world won’t bring back Doris Tyler’s eyesight. Tyler became blind after undergoing a stem cell procedure for Macular Degeneration (MD), a disease that affects about 10 million Americans. Though her vision was fading, she could still function and enjoy life. She wanted her full eyesight back, and was willing to take some chances. She was told by her doctor the worst that could happen was the treatment wouldn’t work. He was wrong, and now she is permanently blind, and suing for misrepresentation.
Experimental Procedure Gone Bad
Tyler paid $8,900 for an experimental procedure in which her doctors made a stem cell cocktail from fat tissue taken from her abdomen. This solution was later injected into Doris’s eyes by an eye surgeon. Two weeks after the injection, she was totally blind. Her retinas detached from the stem cell injections. She later learned she was the clinic’s first MD patient.
Lawsuit Names Clinic and Its Affiliate as Defendants
The Tylers filed a lawsuit against the clinic that performed the eye surgery, as well as its affiliate, the Cell Surgical Network. The suit claims the risk of danger from the procedure “outweighs the non-existent benefits of a therapy with no evidence of therapeutic value.” This isn’t the first lawsuit Cell Surgical Network has been hit with. The Justice Department sued the Cell Surgical Network and a different provider, accusing them of a “persistent refusal to comply with the law” and seeking to prevent them “from experimenting on patients.”
Misleading Stem Cell Claims Abound
Though stem cells have been touted to be a potential cure-all for around a thousand different ailments, clinical trials have only been conducted on a handful of diseases, such as childhood leukemia and Alzheimer’s. The FDA even issued a consumer warning in 2017 that the only FDA-approved use of stem cells in the United States consists of blood-forming stem cells from umbilical cords, not from fat cells. Yet there are thousands of stem cell clinics conducting unverified procedures, such as this, leaving people permanently disabled, like Doris Tyler.
If you or someone you love has been injured by a stem cell procedure, contact a local medical malpractice attorney. Numerous patients are being handed false claims about the wonders of stem cell procedures, but unfortunately there is very little scientific data to back these claims. An experienced lawyer can help discuss the specifics of your case, and offer you alternatives to help you get compensation for your injuries.

The post Woman Blinded by Unproven Stem Cell Procedure, Lawsuit Claims  appeared first on Rutberg Breslow Personal Injury Law.

Woman Blinded by Unproven Stem Cell Procedure, Lawsuit Claims 

Recovery for Work-Related Childcare Provider Injuries

Childcare providers are a vitally important workforce due to the role they play in molding children into responsible adults. Unfortunately, whether they're educating children, caring for toddlers, or nurturing infants, these workers are at risk for job-related injuries. While childcare may not seem like a hazardous occupation, caring for young ones can be difficult, stressful, and risky work.

Common Childcare Provider Injuries

Childcare can be physically and emotionally draining, and it can result in:

• Back injuries. It isn’t hard to see how lifting a squirming 30-pound child can result in back injuries, and these ailments are unfortunately common. Pushing heavy strollers, moving furniture, and carrying play equipment can also injure someone's back.
• Infectious diseases. Daycare centers are the perfect breeding grounds for infectious diseases. Changing diapers, helping children go to the bathroom, wiping runny noses, brushing teeth, and administering first aid all have the potential to spread disease. Chicken pox, mumps, influenza, strep throat, meningitis, and tuberculosis are common childcare infection risks.
• Fractured and broken bones. Constantly navigating around furniture, tons of toys, and small children creates a constant risk of slips, trips, and falls. These accidents may result in fractured and broken bones.
• Chemical hazards. Childcare workers are frequently exposed to disinfectants containing chlorine bleach, which might irritate the skin and eyes. Many other chemicals used for cleaning contain volatile organic compounds capable of causing upper respiratory infections and headaches. Even arts and crafts materials, such as permanent markers and spray adhesives, contain organic solvents that may cause dizziness, allergies, and respiratory damage with chronic exposure.

Protecting Your Right to Recovery

If you’ve been injured while providing childcare, you need an attorney to help you receive the compensation you deserve. You may qualify for workers’ compensation benefits, including medical care, income while you’re unable to work, and payments for disability. If you were injured due to the negligence of a third party, you may also file a third party claim against the person responsible for your ailments.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Teenage Workers are Eligible for Workers’ Compensation Workers’ Compensation for Educators Work-Related Muscle Disorders Could Lock You Out of Your Job

 

Recovery for Work-Related Childcare Provider Injuries

Student Wins $5M Settlement in Math Teacher Sexual Abuse Case

The Los Angeles School District has agreed to pay $5 million to settle claims that it failed to supervise a former teacher who molested a student. The settlement comes on the eve of a re-trial, ordered after a change in California’s sexual assault laws.
Here’s a look.
Suits, Statutes, and Settlements
In 2010, math teacher Elkis Hermida, teaching at a southeast Los Angeles middle school, initiated a six-month sexual relationship with a 13-year-old student. After finding out, the girl’s parents sued the Los Angeles School District in 2011, claiming the district was guilty of negligent supervision. But a jury rejected those claims in 2013 after attorneys for the school district argued the child had “consented” to the relationship.
That led to substantial changes in existing statutes, blocking such consent arguments in cases where an adult engaging in sexual acts with a minor is in a position of authority. Then, in 2015, an appellate court granted a new trial, finding the original court shouldn’t have allowed the district’s consent defense or evidence about the victim’s sexual history. Jury selection was about to begin in the new trial, when the woman accepted the $5 million settlement, allegedly the largest payout the nation’s second-largest school district has ever made to a single sexual-abuse victim.
Criminal Charges
Hermida, who was 30 at the time, “groomed and manipulated” the victim, then molested her for seven months in his classroom, near campus, and in a motel. After one of the girl’s friends told another teacher about the relationship, he was arrested, pleaded no contest to one count of committing lewd acts upon a child, and was sentenced to three years in prison.

The post Student Wins $5M Settlement in Math Teacher Sexual Abuse Case  appeared first on Rutberg Breslow Personal Injury Law.

Student Wins $5M Settlement in Math Teacher Sexual Abuse Case 

Microblading — Hot Trend With Burning Effects

Microblading is one of the hottest trends in the beauty industry, but one woman could barely stand the heat. After her microblading artist botched one of her eyebrows, she attempted to have the error removed, only to exclaim, “it felt like my skin was melting off.”
Microblading: The Leading Edge of Beauty
Microblading is a form of semi-permanent eyebrow tattooing that has taken the world by storm the past few years. Microblading artists draw or fill in eyebrows using a free-hand style, and then use special microblading tools to needle in the design. Linda Le, an Ohio resident, found a Groupon offering a good discount on the service with Hanin Hamid, owner of Hanin Artistry in Fairview Park, Ohio, and decided to take the beauty plunge. But she may live to regret that after suffering what might be permanent facial scarring. She’s filed suit against the microblading technician for negligence.
Beauty Is in the Eye(Brow) of the Beholder
Le looked at a lot of photos Hamid had in her gallery of microblading. and they talked at great length before starting the procedure. Once the eyebrows were drawn on, Le commented that one of the eyebrows had a funny arch to it. After the needling procedure, the brow on the left was slightly higher and more arched than the one on the right. According to Le, “She kept telling me it’s not a big deal; it’s a very easy fix.”
The “Fix” May Have Been Easy for Artist, but Not the Client
The “fix” turned out to be a very painful removal process, According to Le the process resulted in extreme pain, blistering and crusting. Le said, “I didn’t know she was actually putting like an acid on my face. I didn’t know it would be so harsh to my skin. It felt like my skin was melting off.” According to Le’s attorney, Le has seen a plastic surgeon, and was told there’s no medical solution for her, and the scarring on her face may never go away.
Microblading removal usually consists of either laser removal, similar to removing a tattoo, or the use of saline solutions. It appears a saline solution was used, but since Le described the feeling as acidic, who knows what was placed on her face. Perhaps we will know soon, as the lawsuit discovery gets under way.
If you feel like you have had a beautician visit go awry, contact a personal injury attorney. Accidents happen, that’s why there’s a saying for it. But you shouldn’t have to bear the entire brunt of an accident that wasn’t your fault. Contact a local personal injury lawyer to discuss the facts of your case and see if you can get some legal relief for your beauty mishap.

The post Microblading — Hot Trend With Burning Effects  appeared first on Rutberg Breslow Personal Injury Law.

Microblading — Hot Trend With Burning Effects 

Is ICE Liable for Detention Center Sexual Assault?

According to recent investigation into sexual abuse in immigration detention, 1,448 allegations of sexual abuse have been filed against Immigration and Customs Enforcement over the past six years, with 237 allegations of sexual abuse in immigration detention facilities in 2017 alone. One such case in 2014 involved a detention center employee grooming and assaulting a 19-year-old mother in a Pennsylvania ICE facility.
Although any sexual contact between correctional facility staff and people in custody is illegal under federal and state law, the facility is claiming it can’t be held liable for the assaults because it is an immigration facility (as opposed to a jail or prison) and that the sexual encounters were consensual.
Prison Predator
As the ACLU points out, state and federal statutes criminalize even consensual sex between staff and prisoners: “These laws recognize that any sexual activity between detainees and detention facility staff, with or without the use of force, is unlawful because of the inherent power imbalance when people are in custody.” But what occurred between one detainee (referred to as only E.D. in legal filings) and former Berks County Residential Center-Immigration Family Center worker Daniel Sharkey doesn’t even sound consensual.
According to filings in E.D.’s lawsuit against Sharkey, the detention center, and ICE, Sharkey attempted to befriend and groom E.D. shortly after her arrival at the center “by giving her and her son treats, such as chocolate and extra food” and “allowing her to use his cell phone to call her mother and take pictures, and giving her and her son toys and clothes.” This escalated to more aggressive sexual overtures, forced sexual intercourse, and threats that if E.D. told anyone about their relationship “she would be deported back to Honduras.”
Other staff, however, were well aware of the sexual conduct, and did nothing. Sharkey’s employment at the facility ended, according to the lawsuit, “[a]fter an incident in August 2014 where Sharkey unsuccessfully attempted to pull down E.D.’s pants because she refused to submit.” He eventually pled guilty to criminal institutional sexual assault under Pennsylvania law.
ICE Immunity
Still, ICE claims it should be granted qualified immunity from civil liability because E.D. was an immigration detainee, not a prisoner; and because she was not physically forced to have sex. Employers have long been held liable for the acts of their employees, and correctional facilities can be held liable for sexual assaults by their staff. While ICE claims its family detention center is not a prison — and should therefore not be liable under the same state or federal laws — the ACLU argues otherwise:

Immigrants in family detention are particularly vulnerable to abuse. Various investigations have concluded that ICE family detention facilities fail to meet basic constitutional and human rights standards for access to child care, medical and mental health care, and legal assistance, among other issues
The ACLU also points out that the inherent power inequalities in custodial settings “nullifies confined persons’ apparent consent to sexual contact with custodians,” meaning that E.D. could not have truly consented to any sexual intercourse. Whether ICE and other immigration detention center staff will be legally liable for the criminal sexual assaults by staff will be up to the U.S. Court of Appeals, and this case could have significant ramifications for other litigation against ICE.

The post Is ICE Liable for Detention Center Sexual Assault?  appeared first on Rutberg Breslow Personal Injury Law.

Is ICE Liable for Detention Center Sexual Assault? 

Recovery for Workplace Janitorial Injuries

Many business and government offices simply couldn't function without regular maintenance by janitorial employees. These workers clean and maintain everything from retail stores and restaurants, to hospitals, daycare centers, office complexes, schools, and hotels. Janitors have physically demanding jobs, which often lead to serious injuries and occupational diseases.

Common Janitorial Work Injuries

Janitors perform many strenuous tasks, including moving furniture, washing desks and tables, emptying trash receptacles, cleaning restrooms, mopping, sweeping, and vacuuming. Janitorial work can lead to injuries affecting the hands, fingers, arms, shoulders, and ankles.

Some of the most common injury risks include:

• Falls. Slick surfaces caused by mopping or spills frequently result in serious injuries from slips and falls. Janitors may also be injured by falls from ladders and other high surfaces while changing light bulbs or making repairs.
• Toxic chemicals. Janitorial workers are exposed to numerous hazardous cleaning chemicals that irritate the eyes and skin, causing rashes and burns. Vapors from these substances can also cause throat, nose, and lung irritation. In the most extreme cases, exposure may even lead to asthma or trigger asthma attacks.
• Ergonomic injuries. Janitorial work inevitably requires many repetitive motions, such as lifting, pushing, pulling, bending, and reaching. The cumulative impact of these motions can result in frequent pain from strains, sprains, and back injuries.

Protecting Your Right to Recovery

If you were injured while performing custodial or maintenance work, you’re entitled to receive compensation for your ailments. You can qualify for workers’ compensation benefits to cover your medical bills and receive income while recovering from your injuries. You may also receive compensation from a third party responsible for the harm you have suffered, such as the manufacturer of defective equipment.

An experienced personal injury attorney can help you pursue workers’ compensation benefits and file a claim against liable third parties. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Receiving Workers’ Compensation Benefits for Workplace Back Injuries Work-Related Muscle Disorders Could Lock You Out of Your Job Injuries Eligible for Workers’ Compensation Benefits

 

Recovery for Workplace Janitorial Injuries

Walmart Settles Lawsuit for Selling Gun Used in Murder by Neo-Nazi

In April 2014, self-avowed Neo-Nazi Frazier Glenn Miller Jr. shot and killed three people in an anti-Semitic attack at a Jewish community center and retirement community in Overland Park, Kansas. As a convicted felon, Miller was prohibited from owning or buying firearms, and investigators learned another man, John Mark Reidle, purchased the shotgun used in the shooting for Miller at a Walmart in Republic, Missouri four days prior.
Miller was eventually convicted of capital murder, attempted murder, and weapons charges and sentenced to death, while Reidle was sentenced to five years of probation for providing false information on a federal firearms form. But what about Walmart? It recently settled a lawsuit with the family of Terri LaManno, who was shot and killed outside the Village Shalom care center.
Gun Negligence
The families of the three victims all sued Walmart for being negligent in the “straw purchase,” as well as operators of a gun store in Lebanon, Missouri, who sold Reidle a handgun at a gun show that Miller eventually also used in the shooting, claiming employees were negligent and “knew, had reason to know, or recklessly failed to know that Miller was not lawfully entitled to purchase or possess a firearm.”
“Gun dealers, including Wal-Mart, owe a duty to use the highest standard of care to prevent the supply of firearms to those prohibited from possessing them,” the lawsuits claimed. “Given the circumstances of the purchase, Wal-Mart should have taken affirmative steps to confirm that Miller was the actual purchaser and intended user of the Remington shotgun, and that the sale of the shotgun to Reidle, a straw buyer, was illegal.”
Gun Liability
Lawsuits following mass shootings can be tricky. Claims against gun manufacturers are often barred by statutes, and even suits filed against those responsible for safety at shooting sites have often failed. However, lawsuits filed against gun dealers, especially those who have not followed the proper protocol for background checks or sales, have had more success.
The terms of Walmart’s settlement have not been disclosed, and it is unlikely that the megaretailer admitted any liability. Still, it may have provided some closure for the victim’s family.

The post Walmart Settles Lawsuit for Selling Gun Used in Murder by Neo-Nazi  appeared first on Rutberg Breslow Personal Injury Law.

Walmart Settles Lawsuit for Selling Gun Used in Murder by Neo-Nazi 

How Restaurant Workers May Recover for On-the-Job Injuries

The restaurant industry has a wide variety of employment opportunities. Unfortunately, food service workers are vulnerable to many different types of injuries.

Restaurant Injury Causes

According to the Burn Foundation, the food service industry has more employee burn injuries than any other occupation.

Food preparers, other kitchen workers, and wait staff are particularly susceptible to burns caused by hot foods and beverages, fryers, ovens, stoves, and dishwashers.

Other common restaurant employee injuries include:

• Lacerations caused by sharp utensils and other kitchen tools.
• Contusions due to slip and fall accidents on slippery or greasy floors.
• Injuries caused by a vehicle accident while delivering food.
• Sprains and strains due to lifting and moving tables and chairs, and reaching across tables.

Compensation for Injured Workers

There are two types of compensation that may be available to injured food service workers: workers’ compensation insurance and third-party liability claims.

Workers’ compensation covers a wide variety of job-related injuries suffered by kitchen workers, wait staff, bartenders, and delivery drivers. Injured employees who qualify for workers’ compensation are entitled to medical care, wage replacement benefits, disability payments, and vocational rehabilitation. These benefits are available to workers regardless of fault, and there's no need to prove employer negligence in order to receive compensation.

If an employee was injured due to the negligence of someone other than his employer, he may be eligible to pursue a third-party liability claim. For example, the manufacturer of a defective piece of kitchen equipment may be held liable for burn injuries suffered by workers.

You Need an Attorney

If you’ve been injured while working for a restaurant, you need an experienced personal injury attorney to help you receive the compensation you deserve. Your attorney can gather evidence of your injuries; help you pursue workers’ compensation benefits; and file a lawsuit to obtain damages in a third-party case. To discuss your claim, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Teenager Workplace Injuries When to Accept or Decline a Workers’ Compensation Settlement Part-time Workers are Eligible for Workers’ Compensation

 

How Restaurant Workers May Recover for On-the-Job Injuries

Victims of California Wildfire Sue Utility Company

Three law firms, calling themselves Northern California Fire Lawyers, filed suit against Pacific Gas and Electric (PG&E), claiming the deadly Camp Fire in Butte County is the “direct and legal result of the negligence, carelessness, recklessness, and/or unlawfulness” of the company. The Camp Fire has all but destroyed the town of Paradise in Butte County. Specifically, the lawsuit claims PG&E failed to properly maintain, repair, and replace its equipment and that this “inexcusable behavior” contributed to the cause of the fire. The lawsuit seeks monetary compensation and unspecified damages.
Things Already Look Bad for PG&E
There are a host of damning facts that point the finger at PG&E. Specifically, in the days leading up to the fire, PG&E told Paradise customers it may have to shut their power down due to temporarily dangerous conditions, as the company had done recently to 60,000 other customers in nearby service areas. According to Reuters, just one day before the fire started, PG&E informed a landowner near the initial burn point of the blaze that crews would be coming on to her property due to sparking utility wires. Butte County District Attorney Mike Ramsey has yet to specify the cause of the deadly blaze, but is aware that fire teams are looking to preserve evidence for an investigation.
Devastation, by the Numbers
To date, the Camp Fire has killed 48 people, though over 100 are still missing, most of them senior citizens. Over 7,600 homes have been destroyed and 135,000 acres torched. The Butte County sheriff’s office has stated this is California’s most deadly and destructive wildfire in history. The fire is only about 35% contained.
PG&E No Stranger to Blazing Inferno Lawsuits
PG&E claims that it is focusing on rescue efforts and to date has no comment on its liability. It does not, however, dispute any of the facts in the Reuters article. PG&E is no stranger to negligence lawsuits. This is not the first lawsuit against PG&E over negligent maintenance of their lines. The PG&E gas line explosions of 2010 in San Bruno, California killed eight people and destroyed dozens of homes. In that disaster, PG&E accepted liability due to a faulty gas pipe, flawed operations and inadequate government oversight.In September 2013, PG&E settled damages with the 501 victims, which amounted to $565 million. In nearby Santa Rosa, California, various plaintiffs are suing PG&E, including the city of Santa Rosa and the County of Sonoma, for failing to properly maintain the areas around some of its power lines and sparking utility wires, leading to the deadly Tubbs and Nun fires that the state insurance commissioner estimates caused over $1 billion in damage last October.
If you or someone you love has been affected by the Camp Fire in Paradise, call a local consumer protection attorney today. A legal veteran can inform you of your legal rights, and help you determine next best steps.

The post Victims of California Wildfire Sue Utility Company  appeared first on Rutberg Breslow Personal Injury Law.

Victims of California Wildfire Sue Utility Company 

Flatbed Truck Accidents

Truck collisions are always dangerous, and flatbed truck accidents can be particularly devastating. Flatbeds are useful, since they're capable of transporting larger and heavier items better than enclosed tractor trailers.

Unfortunately, this added heft may result in more serious collision injuries.

Flatbed Truck Accident Causes

Flatbed trucks are popular since they can easily transport items such as logs, huge pipes, manufactured homes, wind turbine propellers, and heavy machinery. While these trucks carry cargo, they don’t have walls or sides to safely hold it in place. If the truck’s cargo isn’t secured properly, it may shift forward or laterally, making the truck unstable and causing the driver to lose control. This can lead to a jackknife or rollover accident. Loose cargo may also slide directly into another vehicle or fall onto the roadway, striking or obstructing multiple vehicles.

Flatbed truck accidents may also occur when:

• An operator is inexperienced.
• A truck driver is operating the vehicle under the influence of alcohol or drugs.
• The trucking company fails to properly screen drivers prior to hiring them.
• The driver or trucking company fails to perform routine maintenance checks.

When a flatbed truck collides with a passenger vehicle, the car is likely to bear the brunt of the damage. Due to the extreme differences in vehicle height, a passenger car often ends up beneath the bed of the trailer.

Protecting Your Recovery

If you’ve been injured in a flatbed truck accident, or your loved one died as a result of such a collision, you need an experienced attorney to help you receive the compensation you deserve.

Flatbed truck operators must secure their cargo in accordance with state and federal regulations, conduct periodic safety checks, and abide by the rules of the road. Your attorney may be able to prove the truck driver or the company he works for breached duty of care by failing to fulfill all of these responsibilities.

To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Truck Cargo Accidents Unsecured Cargo Accidents Common Situations That Lead to Disastrous Truck Collisions

 

Flatbed Truck Accidents

How Much Is a Hit and Run Lawsuit Worth?

Being the victim of a hit and run accident is uniquely problematic on so many levels. There’s no one to exchange information with, no one to report to your insurance company, no one to interview to determine fault, and no one to sue if you seek punitive damages. But don’t think that your hit and run is a worthless lawsuit. It isn’t.
Presumption of Fault
In a hit and run, the person that “ran” is usually presumed to be the one at fault, so at least that’s one less thing to worry about. This presumption can be negated, but the burden of proof generally shifts to the one that fled the scene. And in a true hit-and-run, that person is never found.
Contact Your Insurance Company
If the hit and run driver is never found, the victim must find a way to be compensated for actual damages incurred. The first place to go is your own insurance company. You will be able to file an insurance claim for a hit and run only if you have Uninsured Motorist coverage on your policy. This claim should cover your medical bills and lost wages, as well as pain and suffering, up to the limit on your policy.
Then Consider Contacting a Personal Injury Lawyer
This is where it can get tricky. We’ve written about this before, but for those new to the post … The insurance company is not on your side. They may seem like it, and you may believe that you are their customer. But this isn’t Nordstrom’s or Kohl’s, and there can be a conflict of interest. Your goal is to get as much paid for as possible. Their goal is to pay you as little as possible. If you believe that the offer they make you is too low, or taking too long to pay out, you should hire your own personal injury lawyer.
If you are wondering if your insurance company’s offer was too low or too slow, consider this. A woman who was involved in a hit and run accident recovered $250,000 from her own insurance company, with the help of a personal injury lawyer, under an uninsured motorist claim, after having to have spine surgery and endure chronic neck pain. In another case, again, through the use of a personal injury attorney, a pedestrian who suffered a pelvic fracture in a hit and run accident while crossing in a cross-walk on the University of Southern California campus was able to recover $240,000 under an uninsured motorist coverage.
Most personal injury lawyers take cases on a contingency basis, and therefore you risk paying little money upfront, and may only end up paying a fee if your lawyer is able to get you a financial settlement or trial verdict. If you’ve been hurt in a hit and run accident, don’t feel you need to settle for whatever your insurance company offers to pay. Contact a local personal injury attorney to discuss the facts of your case and see if the settlement is reasonable. You have nothing to lose, and potentially much to gain.

The post How Much Is a Hit and Run Lawsuit Worth?  appeared first on Rutberg Breslow Personal Injury Law.

How Much Is a Hit and Run Lawsuit Worth? 

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Couple Sues Costco for $4M in Racial Profiling Case

Shopping While Black. It’s a phenomena most Americans don’t experience, purely by the coincidence of their skin color. As scientists unearth more reasoning behind unconscious bias, retailers are being pressed to confront the epidemic and take action, or risk being sued. That’s the dilemma now in front of Costco, after an African American couple sued the retailer for $4 million, claiming Costco tipped off police to pull them over for shoplifting, merely because “they fit the bill.”
Racial Profiling, but This Time by a Retailer, Not Police
Barbara and Bahri Wallace were shopping at their local Costco in Anne Arundel County, like they do at least once a week. This time, they were looking for a new refrigerator. Upon leaving the parking lot, they were pulled over by police on suspicion of shoplifting. Shocked, the Wallaces told the officers they were free to check their truck, that they had nothing to hide. The police consequently told the Wallaces they were free to leave, and told Costco they had identified the wrong getaway car. But the Wallaces were shaken, and wanted to make sure this didn’t happen again. After all, they were federal workers with security clearances, and feared their livelihood, at the very least, was at stake.
“You Fit the Bill”
When Bahri Wallace asked the Costco manager why they had been identified as the shoplifters. Bahri claimed the manager said “You fit the bill,” and adding further detail, “African-American male and female, and … carrying a blue purse.” Apparently their crime was Shopping While Black and carrying a blue purse. To add context, this Costco store had been hit by a shoplifter numerous times in the past that was African American and carrying a blue purse. But that may not be enough reason for Costco to identify the Wallaces as the shoplifters.
Racial Profiling in America
Racial profiling still happens all across America, and not just in the deep south. A black student at Yale was questioned by police for Sleeping While Black in her dorm lounge. Two black men successfully sued Starbuck’s for being questioned for Waiting While Black in the coffee shop. Two black men were questioned by police at LA Fitness for Working Out While Black over false allegations they hadn’t paid to enter. Retailers have been at issue even more, as Macy’s, Nordstrom, and others face racial profiling allegations, primarily over alleged shoplifting. According to some studies, this profiling leads to a completely different shopping experience for African Americans than other shoppers experience, one filled with fear and insecurity that they will be tapped by security for even the slightest questionable hand movements.
Laws against racial profiling exist only at the state level. And few, if any, rise to the level of acceptability for the NAACP. In fact, racial profiling laws in the south tend to protect African Americans more than in other, more liberal states, perhaps because they have ended up in court more often. But, as the Wallaces point out, whatever it takes to keep this from happening, they are willing to endure.
If you feel you have been the target of racial profiling, regardless of skin color, contact a civil rights attorney. Every Costco member should feel equally entitled to shop at the retailer without fear of being arrested. And certainly anyone should feel entitled to be whatever race they are, and carry whatever color purse they want. Unfortunately only by litigating some of these subtle, and often unconscious, nuances of our culture will we be able to shed light on what’s OK, and what isn’t. Future generations of America will thank you for your help.

The post Couple Sues Costco for $4M in Racial Profiling Case  appeared first on Rutberg Breslow Personal Injury Law.

Couple Sues Costco for $4M in Racial Profiling Case 

What makes an attorney a truck accident legal expert?

Any attorney admitted to the bar in his state may represent an injured party in a truck accident case. However, there are a few things you need to know in order to hire the right truck accident attorney for you.

Truck collisions create a unique set of injuries and liabilities, which are very different from those stemming from the typical car crash. When you’ve been hurt in a vehicle accident, you need an attorney who specializes in this area of personal injury law.

Determining Liability

In most passenger vehicle collisions, fault lies solely with one or more drivers. Truck accidents, on the other hand, are often far more complicated. Parties that may be liable for your damages include:

• The driver. Inexperience, inattentiveness, or aggressive behavior on the part of a truck operator may result in a serious accident. Your attorney can investigate to determine if the operator was fatigued, or physically or mentally impaired, when the accident occurred. Your lawyer will also examine driver logs to determine if the trucker was complying with hours of service regulations.
• The trucking company. Employers are responsible for employee actions that fall within the scope of employment. Therefore, you may have a claim against the trucking company due to their driver’s mistakes. The company is also responsible for ensuring the driver is licensed and trained, and the truck is properly inspected, maintained, and loaded. Your attorney will obtain and examine the driver’s employment history and the truck’s maintenance logs to determine trucking company liability.
• The truck manufacturer. If the truck’s brakes, steering system, or other critical components fail, the manufacturer may be held liable for producing a defective product. Your attorney can determine which experts are needed to evaluate any equipment failures and establish product manufacturer liability.

Hiring a Truck Accident Attorney

If you’ve been injured in a truck collision, it's important to have an attorney you're comfortable with who you can trust to fight for you. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Three Reasons You Need an Attorney After Suffering a Truck Accident Injury What to Expect When Working With Your Truck Accident Attorney Tips for Selecting the Best Vehicle Collision Attorney

 

What makes an attorney a truck accident legal expert?

Defenses to Expect in a Truck Accident Case

Tragically, truck collisions frequently lead to catastrophic property damage, debilitating injuries, and even death. Victims are certainly entitled to compensation for the harm they suffered, but the insurance companies providing coverage to trucking companies seldom agree. Their adjusters will use any excuse they can find to protect profits by minimizing payments on claims.

Typical Truck Crash Defenses

To win a truck accident claim, injury victims must prove the trucking company is responsible for the harm they sustained. This requires evidence of fault, and this evidence will almost certainly be challenged by the trucking company’s insurance carrier. Some of the most common defenses used include:

• It’s your fault. Since Texas is a comparative fault state, injury victims may be held partially responsible for a truck accident. Your compensation is reduced by the percentage of fault assigned to you by the court. Even worse, if the court determines you're at least 51 percent at fault, you'll be barred from receiving compensation altogether. However, an experienced truck accident attorney can provide evidence of trucking company liability.
• It’s a third party’s fault. If insurance company adjusters can’t blame you for the collision, they may claim a third party is at fault. Your attorney can challenge their assertion by demanding proof that a third party caused the collision.
• Your injuries are exaggerated. Plaintiffs are only permitted to sue for actual damages, so insurance companies defense teams often argue that claimed injuries are overestimated. Your lawyer can obtain and provide proof of your medical expenses, and arrange expert witnesses to substantiate your claims.

You Need an Attorney

If you’ve been injured in a truck collision, you can expect the trucking company’s insurance carrier to make every effort to minimize your claim. However, an experienced truck accident attorney can challenge their arguments and fight for the compensation you deserve.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Insurance Adjuster Tactics to Minimize Truck Accident Claims Time Limits for Pursuing a Truck Accident Claim ​Ways the Truck Insurance Company Tries to Trick You

 

Defenses to Expect in a Truck Accident Case

Dermal Fillers With Side Effects: When Can You Sue?

Dermal Fillers Gone Bad. It happens much more often than you think. Sometimes a qualified medical professional has a cosmetic surgery mishap, leading to negative side effects. But more often, an unqualified person is injecting fillers that may not be approved for the intended procedure. In many of these cases, a lawsuit is possible. But can you prevail? That’s another story.
Cardi B’s Unorthodox Butt Enhancement
Take, for instance, the story of Cardi B. A few years ago, she received dermal fillers for a butt enhancement in someone’s basement for $800. She said it was excruciatingly painful, and for days afterwards, liquid was oozing from the injection site. From a legal perspective, there are numerous issues here. First, the low price alone should have been a red flag; butt enhancements usually run around $5,000. The procedure took place in a basement, which is illegal since it is an unregulated nonmedical setting.Because of the setting and the likely unqualified care provider, pain killers were probably not possible. Injections are not a recognized form of butt enhancement, and most likely the product used was not approved for this specific medical use. And the oozing was proof that an infection had set in, and she was lucky she didn’t have further complications from the whole matter.Could Cardi B sue for battery, malpractice, and a host of other cause of actions? Probably! But it’s likely the “medical professional” has skipped town, like Dr. Bumbum down in Brazil. Good luck prevailing against that practitioner.
Even Legal Surgeries Can Go Awry
Sometimes even the best surgeons have bad days, and bad outcomes. The most common negative side effects from dermal fillers are swelling and infection, though there have been more severe outcomes, such as blindness, pain and necrosis. In almost all cases, the problem stemmed not from a defective product, but from poor technique from the health care professional. Therefore, these suits end up as medical malpractice cases. In the nine litigated cases for fillers from 2014 to 2016, the median settlement amount was $262,000.
If you have recently gotten dermal fillers, and are experiencing any negative side effects, from as simple as pronounced swelling to as egregious as blindness, contact a local medical malpractice attorney today. A legal adviser can listen to the facts of your case and help you decide on your best legal course of action.

The post Dermal Fillers With Side Effects: When Can You Sue?  appeared first on Rutberg Breslow Personal Injury Law.

Dermal Fillers With Side Effects: When Can You Sue?