Asylum-Seeking Kids Win Class Action in Health Care Lawsuit

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government’s request to delay the suit until after the federal shutdown has ended.Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, “the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement.” The judge then required the administration to respond to the children’s claims by Jan. 9 and to discovery requests by Feb. 22.
Judge Issued Four Part Ruling
In Gee’s ruling, four orders were given. First, the federal government’s request for a continuance was denied. Second, the judge certified a class that currently contains five children with either mental disabilities, given psychotropic drugs without consent, detained for more than 30 days without notice, or blocked from being released to guardians. However, the class size is expected to reach into the hundreds. Third, the judge modified the class definition from the Americans with Disabilities Act to the Rehabilitation Act; the Rehabilitation Act requires class members to actually be denied service, whereas the ADA only requires that they could be denied service.Lastly, the judge denied the plaintiff’s request for immediate discovery, claiming that they hadn’t proven why it needs to start immediately, as opposed to the current schedule set. Judge Gee also stated that plaintiffs hadn’t clearly defined the scope of discovery.
Underlying Case Highlights Due Process Violations of Migrant Children and Their Mental Health
At issue in this case is the alleged constitutional due process violation of hundreds of migrant children that have been separated from their families while crossing the southern U.S. border, seeking asylum. Many of these children’s mental health have suffered while in detention with the U.S. Office of Refugee Resettlement, but instead of providing mental health care, many are just handed psychotropic drugs or left to linger.According to recent court rulings, all children must be reunited with their families within 30 days, however facilities are now claiming that these children can’t be released until they are mentally sound, or the family homes to which they are being released are capable of handling a child with mental health issues. Instead of 30 days to reunify, some of these plaintiffs have been separated over a year, with no end in sight because they are not being given mental health care.
If you know of a child that is suffering mental health issues due to refugee detainment, contact an immigration attorney. The child may be able to join this class action, potentially at no cost.

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Asylum-Seeking Kids Win Class Action in Health Care Lawsuit 

Who Do You Sue When Served a Heroin-Laced Coca-Cola?

It can happen to anyone, but in this case, it happened to Trevor Walker. Somehow, synthetic heroin was slipped into his Diet Coke at a McDonald’s drive-thru. No one knows exactly how the drug got into the drink, but tests taken at the hospital prove that Suboxone, a heroin-substitute, was found in Walker’s urine as well as his McDonald’s Diet Coke, but not in the Diet Coke served to his wife.Walker has sued the McDonald’s franchise owner, McDonald’s Corporation, and Coca-Cola for strict product liability. Coca-Cola has petitioned the court to be dismissed from the litigation, claiming there’s no evidence that the drug came from Coca-Cola. Is the plaintiff just looking for deep pockets? Or was this the right thing to do?
Coca-Cola Claims Plaintiff is Just Looking for Money
As it turns out, other than the drink being a Diet Coke, Coca-Cola is not listed anywhere else in the complaint filed with the court. It seems pretty reasonable for Coca-Cola to want to be dismissed from the suit. As Lisa Marcy, the Coca-Cola attorney, so blatantly put it, “Let’s just come out and say it,” she told the judge. “They don’t have the employee in here because he’s not a deep pocket. And the Coca-Cola company and the fast food restaurant are.” But is this enough reason not to be named as a defendant? The judge in the case is not convinced, and neither is the plaintiff’s attorney, Brady Brammer.
Product Liability Procedure Corals Everyone It, Then Dismisses One by One
Under product liability law, everyone that touches the questioned product in the vertical chain of distribution should be named in the lawsuit, and subsequently eliminated, as the facts in the case unfold. Usually this consists of one or more manufacturers, distributors, wholesalers, retailers, and servers. Sometimes, one of the hardest parts of the case is finding these entities, since there can be multiple ones at each level of distribution. In Walker’s case, he has decided to narrow it to just the three named defendants. And as Brammer puts it, “until we know and have more facts, where we can really dig in and get them ourselves as opposed to relying secondarily on police reports, we really can’t foreclose one option or another on a strict product liability claim.”
If you or someone you love has suffered damages due to a defective product, contact a local products liability attorney. A legal specialist can best advise you on how best to go about recovering for your damages, often at low or no cost to you. If you have questions about your situation, contact one to see if you may have a claim, and exactly who may be at fault.

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Who Do You Sue When Served a Heroin-Laced Coca-Cola? 

Congested Road Accidents onTexas Roadways

Roughly half of all traffic slowdowns are caused by routine congestion during a certain time of day, such as rush hour. Texas roadways are becoming increasingly congested every year, and this heavy traffic can contribute to serious accidents.

According to the Texas Department of Transportation, the most heavily-congested roads in the Houston area during 2017 were:                                                      

Road Segment: W Loop Fwy/IH 610              
From: Katy Fwy/IH10/US90
To: Southwest Fwy/US 59/IH 69

Road Segment: Southwest Fwy/IH 69/US 59
From: W Loop Fwy/IH 610
To: South Fwy/SH 288

Road Segment: Eastex Fwy / IH 69 / US 59  
From:  SH 288 
To: IH 10

Road Segment: Katy Fwy/IH10/US90 
From: N Eldridge Pkwy
To: Sam Houston Tollway W

Road Segment: Gulf Fwy/IH 45    
From: IH10/US 90 
To: S Loop E Fwy/IH 610

Road Segment: North Fwy/IH 45  
From: Sam Houston Tollway N 
To: N Loop Fwy/IH 610

Congested Road Dangers

Traffic congestion plays a significant role in vehicle accidents. When congestion is combined with unsafe driving behaviors, an increase in the number of collisions is the inevitable result. Some of the most common driving behaviors that may cause accidents during periods of traffic congestion include:

• Distracted driving. When motorists use smartphones to call or text, eat while behind the wheel, or become distracted by their navigation systems, their attention is diverted away from the road. This increases the risk of a collision, particularly during rush hour when traffic is heavy.
• Impaired driving. This is driving under the influence of drugs or alcohol. Impaired driving can lead to a lack of attention, poor judgement, and slowed reaction times, causing a collision during a period of heavy traffic congestion.
• Aggressive driving. Many motorists are guilty of aggressive behaviors such as speeding, tailgating, running red lights, and failing to yield. This is particularly common during rush hour, when employees are in a hurry and running late to work.

You Need an Attorney

If you’ve been injured in a congested road accident, you need an experienced personal injury attorney to help secure 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.

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Congested Road Accidents onTexas Roadways

Lifeboat Test Accidents

Lifeboats are supposed to save lives but tragically, lifeboat testing sometimes takes them. Lifeboat drills are important safety precautions, but many accidents during these drills result in injuries and fatalities.

Lifeboat Drills

Lifeboats are small vessels capable of carrying passengers in an emergency, after the ship they're on suffers damage. To use lifeboats properly, a ship’s crew members must be experienced in filling and lowering them. This requires regular lifeboat drills, which must be held at least once a month, per the United States Code of Federal Regulations.

Since each crew member must participate, multiple drills may be necessary each month. If more than 25 percent of the crew hasn't participated in an abandon-ship drill on board a vessel during the previous month, the drill must take place within 24 hours of the ship leaving port. Lifeboat drills must also be held when a new vessel enters service, after modifications have been made to a ship, or when a new crew is engaged. These drills include crew members helping others into lifeboats, lowering the boats into the water, moving them some distance from the ship, then lifting and stowing the vessels.

Lifeboat Drill Accident Causes

Most of the accidents that occur during lifeboat drills are due to defective equipment, lack of maintenance, improper training, and poor communication.

The most common injuries include head and spine damage, sometimes leading to paralysis, or even death at a later stage. When testing is conducted in cold waters, hypothermia is also a risk. Common examples of the failures leading to lifeboat drill accidents include:

• Poor lifeboat maintenance
• Inadequate crew member training
• Unsafe practices during drills
• Unintended operation of the lifeboat release mechanism
• Communication failures between crew members
• Failure of the lifeboat release mechanism

You Need an Attorney

If you were injured during a lifeboat drill, you’re entitled to recover damages under maritime law. If you’ve lost a loved one in a lifeboat drill accident, you may be able to receive wrongful death compensation for your loss. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Choosing a Doctor for Treatment of a Maritime Injury Providing for Your Family After a Maritime Injury How to Prepare for Your First Meeting With a Maritime Lawyer

 

Lifeboat Test Accidents

Mooring Accident Injuries

Mooring lines are common sights in any maritime environment. These lines keep ships tethered to docks and terminals while workers load and unload cargo, or while crews board or depart the ship. Mooring lines may seem relatively harmless, but they're heavy, awkward, and prone to failure. They can snap and whip uncontrollably, causing serious injuries.

Mooring Line Accident Causes

Mooring line accidents happen when something causes the cable to snap, split, or otherwise break. Mooring a vessel is a precarious job, since strained mooring lines can unexpectedly break with tremendous force. When a mooring line fails, it acts like a huge slingshot, snapping back with overwhelming force. When this happens, anyone within reach of the snapped mooring line is at risk of being struck.

There are a number of factors that can lead to mooring line accidents, including:

• Rough seas
• Old, worn, or poorly-maintained mooring lines
• Getting caught in mooring lines
• Untrained, insufficient, or inexperienced crew
• Mooring lines are improperly secured
• Tripping or stumbling over mooring lines
• Malfunctioning or poorly-maintained winches or hydraulic motors
• Mooring lines with an improper gauge or material for the vessel being secured

Mooring Line Accident Injuries

Mooring line accidents are the reason for some of the most serious injuries suffered by maritime workers. Due to the tremendous amount of tension mooring lines are under, a broken line can cause a debilitating injury, or even death.

When a maritime worker is struck by a snapped mooring line, the resulting injuries often include:

• Crushed limbs
• Neck and back injuries
• Broken or fractured bones
• Eye injuries
• Paralysis
• Disfigurement
• Amputated limbs
• Muscle damage
• Spinal cord damage
• Head and traumatic brain injuries
• Loss of life

Receiving Compensation

If you were injured in a mooring line accident, you’re entitled to compensation for your past and future medical bills, loss of earning capacity, disfigurement, and pain and suffering. If you’ve lost a loved one due to a mooring line failure, you may be able to pursue damages with a wrongful death claim. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Seamen Can Report Dangerous Maritime Vessels as Unseaworthy Should You Hire a Maritime Attorney? Choosing a Doctor for Treatment of Maritime Injuries

 

Mooring Accident Injuries

Judge Orders North Korea to Pay $501M for American Student’s Death

The parents and estate of Otto Warmbier won a $501 million judgment against the North Korea government for wrongful death. Though questions remain about the legitimacy and collectability of this judgment, one thing is certain: no amount of money can undo Otto’s fate and ultimate death.
American Arrested for Taking Political Propaganda Poster
Otto Warmbier was arrested Jan. 2, 2016 for allegedly taking a political propaganda poster from his hotel. After being found guilty of “hostile acts against the state,” he was sentenced to 15 years in prison with hard labor. A year and a half later, Warmbier was released to the United States in a coma.North Korean authorities claimed Warmbier had contacted botulism, but after discovering his teeth had been reconfigured, and a recently received long scar on his foot, his parents investigated further, and eventually filed a wrongful death suit against the North Korean government.
Warmbier Left the U.S. With “Big Dreams,” but Returned Brain Dead
Chief U.S. District Judge Beryl Howell deliberated less than a week after hearing hours of emotional testimony from Warmbier’s family about the pain they suffered during his 18 month detention in North Korea, his subsequent return home in a coma, and the information they learned about his torture and time as a hostage. According to Howell, “Before Otto traveled with a tour group on a five-day trip to North Korea, he was a healthy, athletic student of economics and business in his junior year at the University of Virginia, with ‘big dreams’ and both the smarts and people skills to make him his high school class salutatorian, homecoming king, and prom king,” Judge Howell wrote in his opinion. “He was blind, deaf and brain dead when North Korea turned him over to U.S. government officials for his final trip home.”
Judge Mindful of Foreign Sovereign Immunities Act
Judge Howell faced many obstacles in this unique hearing. First, given the reclusive state of North Korea, the judge was limited to hearing arguments and evidence only from the plaintiff’s side, for which the judge had to be wary. Also, the Foreign Sovereign Immunities Act permits U.S. citizens to sue foreign countries only under certain circumstances, and Howell needed to be careful in his written opinion to meticulously explain how each and every legal requirement had been satisfied by the plaintiffs.What can’t be explained, however, is exactly how Otto was tortured to be placed in such a vegetative state. It is also unclear how the Warmbier’s will enforce Judge Howell’s judgment against North Korea.

The post Judge Orders North Korea to Pay $501M for American Student’s Death  appeared first on Rutberg Breslow Personal Injury Law.

Judge Orders North Korea to Pay $501M for American Student’s Death 

Are electrical systems aboard a ship dangerous?

Electrical systems are critical to the proper operation of maritime vessels. Electricity runs a ship’s navigation systems, winches, radios, lights, and many other crucial components.

As important as electricity is to modern vessels, it creates serious risks when equipment isn’t maintained or workers aren’t adequately trained. Anyone working aboard a ship is vulnerable to injury, or even death, when electrical systems fail.

Electrical Accident Risks

Electrical equipment that's maintained or used improperly can cause serious hazards anywhere, but on vessels these risks are magnified. The most common types of electrical accidents aboard vessels include:

• Electrical system failures. Since ships are surrounded by water, electrical equipment must be carefully insulated and protected. If it fails, the crew may be stranded without lighting, navigation aids, or communication tools. Without lighting, workers may suffer from sprains or broken bones when they slip and fall. When navigation systems are down, ships may collide with other vessels, or run aground.
• Electrical fires. Fires aboard a ship are among the most dangerous and devastating accidents a maritime worker may face. Electrical fires aboard vessels are typically caused by defective or poorly-maintained electrical equipment. Electric arcs can easily ignite fuel or other flammable materials, quickly starting a blaze. These fires may result in severe burns, overboard accidents, smoke inhalation damage, and even a sinking ship.
• Electrical shocks. Unlike electrical system failures and fires, shocks are typically individual incidents. Electrical shocks may occur when equipment is improperly installed or maintained, or when workers lack sufficient training. Unguarded electrical connections, exposed wiring, and failure to follow safety protocols can lead to serious injuries. The consequences of being shocked may include pain, burn injuries, involuntary muscle contractions, falls, heart attack, and even death.

You Need an Attorney

If you were injured in a maritime electrical accident, you need representation by an experienced attorney who can help secure 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: Is Welding Dangerous to the Health of Shipyard Workers? Fires Aboard Maritime Vessels Engine Room Fires Spell Trouble on the High Seas

 

Are electrical systems aboard a ship dangerous?

Maritime Rigging Accidents

Rigging failures are among the most devastating types of maritime accidents, since heavy machinery is being used to move immense loads over the heads of workers.

Vessel crew members, dock workers, and longshoremen may be severely injured due to a rigging accident.

Rigging Accident Injuries

Rigging involves the preparation of materials to be lifted by large pieces of equipment, such as cranes or hoists. Rigging hazards are everywhere for maritime workers, and some of the most common injury risks include:

• Falls. A serious fall is one of the most common rigging dangers. Uneven, slippery, or cluttered surfaces can significantly increase the risk of falls. Falling can cause numerous health complications, including head injuries, brain damage, broken bones, and spinal cord damage.
• Improperly-secured loads or gear. When rigging gear and equipment are defective or poorly maintained, serious accidents can occur. If equipment is permitted to move freely, or if loads aren't properly secured prior to being hoisted, workers may suffer struck-by or crushing injuries. These accidents can result in shattered limbs or amputations.
• Buckling or collapsing cranes. Weight limits are imposed on cranes to ensure they don't tip over. If these limits are exceeded, the crane may tip over or the boom could collapse, causing head injuries, spinal cord damage, and broken bones.
• Lack of training. When employees aren't adequately trained in the operation of cranes or hoists, or when those working below fail to maintain a safe distance, cargo may be dropped onto them. This can cause severe head injuries and spinal cord damage.
• Electrical hazards. Workers frequently hoist equipment by using energized lines. These cables can become worn due to exposure to weather and saltwater, creating a risk of electrical shock. When tools and equipment aren't properly grounded, workers may be severely burned, or experience neurological disorders in electrocution accidents.

Rigging Accident Compensation

If you were been injured in a rigging accident while performing maritime work, you need experienced legal representation to help 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: Cargo and Barge Crew Member Risks Maritime and Offshore Cases The Workplace Risks That Loading Dock Workers Face

 

Maritime Rigging Accidents

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.
San Francisco Sues Big Pharma Big Time
San Francisco and numerous other governmental entities have filed suit against opioid manufacturers and wholesalers, blaming them for America’s opioid crisis. According to plaintiffs in all of these cases, these parties deliberately misled doctors and the general public about the dangers and high addiction rate of powerful painkillers to relieve chronic pain in order to sell more pills and increase corporate profits. Specifically, in his suit against Purdue Pharma, Janssen Pharmaceuticals, Endo Pharmaceuticals, Cephalon, Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Actavis, Herrera and his team allege:

Public nuisance of behalf of the State of California

Public nuisance on behalf of the city and county of San Francisco

Violations of California’s Unfair Competition law

Violation of False Advertising

Violation of Racketeer Influenced and Corrupt Organization (RICO) Act

Negligence

Negligent misrepresentation

Fraudulent concealment
Rise in Opioid Prescriptions Tied to Increase in Street Drug Overdoses
In San Francisco, over 318,000 opioid prescriptions were written last year, which translates to about one in every three San Francisco residents. It is believed that when addicts lose access to prescriptive opioids, they turn to street drugs like heroin and fentanyl.According to city officials, the use of injection drugs, like heroin, have risen by around 275 percent between 2005 and 2016. Of the over 72,000 drug-related deaths in the U.S. last year, nearly 30,000 were attributed to the drug fentanyl and other synthetic opioids. Though the rise in overdose deaths primarily involve illegal opioids, medical and legal experts firmly believe that the current opioid crisis is connected to the rise of legally prescribed medications. And for this, many want big pharma to pay. Indeed, over a thousand such suits have been filed by governmental entities and individuals alike. And undoubtedly, many more are yet to come.

The post San Francisco Sues Pharma for Opioid Epidemic  appeared first on Rutberg Breslow Personal Injury Law.

San Francisco Sues Pharma for Opioid Epidemic 

Accidents Caused by Maritime Worker Fatigue

Fatigue is a frequent cause of accidents, injuries, and death at sea. The demands of shift work, coupled with dangerous conditions on the rough seas, can disrupt sleep and lead to severe fatigue. Chronic fatigue does serious damage to a person’s mind and body, creating a constant state of lethargy that impacts physical strength and mental sharpness.

The Dangers of Fatigue

Crew members are often engaged in physically- and mentally-demanding work. Over an extended period of time, long work hours and chaotic sleep schedules may lead to serious health problems. In the short term, fatigue impacts concentration and judgement, impairs mental processes, reduces strength, and slows reaction times. Even worse, long-term fatigue can lead to:

• Sleep disorders. Extreme fatigue can cause sleep disorders such as insomnia.
• Gastrointestinal problems. Stomach issues, including ulcers and irritable bowel syndrome, can be caused by fatigue.
• Cardiovascular disorders. Long-term fatigue can lead to cardiovascular problems such as heart disease and high blood pressure.

Fatigue-Related Accidents

Many vessel accidents are attributable to human error caused by fatigue, when workers are too physically and mentally exhausted to make sound decisions. Common fatigue-related ship accidents include:

• Groundings. Groundings occur when there's a loss of control over a vessel, causing the bottom of the ship to make contact with the ocean floor. Ship groundings may result in hypothermia or drowning.
• Collisions. Collisions happen when a ship runs into another vessel or a stationary object. These accidents can occur when a fatigued operator fails to observe navigational safety rules. Collisions often cause falls, resulting in broken bones and spinal cord damage.
• Overboard accidents. Erratic movements by fatigued vessel operators, such as abrupt starts, sharp turns, and sudden stops may cause crew members to fall overboard. Overboard accidents frequently result in hypothermia, and even death.

Fatigue-Related Accident Compensation

If you’ve experienced health problems or injuries due to fatigue, you need representation by an experienced maritime injury attorney. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

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Accidents Caused by Maritime Worker Fatigue

When Can You Sue If You’re Detained at the Airport?

Travelers in recent years have learned, perhaps the hard way, that Customers and Border Patrol (CBP) agents can detain you at the airport for refusing to allow them to search your cell phone. Under the Border Doctrine, a search warrant generally required under the Fourth Amendment is not necessary to conduct a reasonable search at the airport.In recent years, this doctrine has been applied to both immigration and emigration, to U.S. and foreign citizens alike. But many believe these searches are getting out of hand. When can you sue over these cell phone searches?
Which Suits Prevail Against the Border Doctrine?
As attorneys like to say, you can sue the pope for rape, but you might not win. People can generally file any suit they want, but which of these suits will prevail? Usually the ones that violate the “general reasonableness” requirement will not be dismissed. It is generally reasonable to take a laptop or cell phone from travelers for up to five days to review them.However, the search is limited to what’s on that actual device; border doctrine searches are not allowed to access a traveler’s digital cloud data. Also with regards to reasonableness, and according to agency directives, if a CBP officer wants to search a device by attaching separate computer equipment to it, there must be a reasonable suspicion or a national security interest. This, however, does not include mere manual searches by agents.
Checking U.S. Citizen Devices When Leaving the U.S.
Recently, Haisam Elsharkawi, a California man, was departing out of Los Angeles International Airport for a trip to Saudi Arabia to go on a hajj, which is a Muslim pilgrimage. While in a boarding line for Turkish Airlines, a CBP officer pulled him out of line and questioned him about how much cash he was carrying. Questioning became intense, especially after officers asked Elsharkawi to unlock his phone, which he initially refused to do. Elsharkawi asked if he could have an attorney present, but his request was denied, and possiblytaken as a sign of guilt.After about four hours of questioning, Elsharkawi finally acquiesced and let agents search his phone. Elsharkawi has now filed a lawsuit against the federal government for what he claims was an unconstitutional search of his phone. What’s interesting about Elsharkawi’s suit is that he was an outbound traveler, which is a vary rare occurrence; most other documented searches are of incoming travelers. Time will tell if Elsharkawi prevails.
If you feel that your constitutional rights have been violated by CBP officers, contact a local civil rights attorney. Though the border patrol does have wide discretion in maintaining national security, it is not all powerful. There are constitutional limits to border searches of electronic devices. A lawyer can advise you of your rights and can help you understand the next steps to take to protect your privacy.

The post When Can You Sue If You’re Detained at the Airport?  appeared first on Rutberg Breslow Personal Injury Law.

When Can You Sue If You’re Detained at the Airport? 

Why is it dangerous to clean fuel pipes with natural gas?

While using natural gas as a fuel pipe cleaning agent has long been a standard practice in the energy sector, cleaning fuel pipes this way puts workers at serious risk of injury.

Cleaning Fuel Pipes

Combustion turbines are complicated pieces of machinery designed to tight tolerances, and they require a high level of cleanliness. Contaminants may clog a fuel line, lead to premature system wear, and damage turbine blades.

These contaminants can be introduced into the fuel supply lines of a gas-fired power plant in several different ways. During initial construction, the fuel system may become contaminated while it's exposed to the atmosphere. Anything from welding debris, to nuts and bolts, to gaskets and even tools may be left in the pipes. Weld slag is another typical source of contamination. In addition to these foreign materials, condensation inside the pipes may lead to corrosion and rust.

Fuel Pipe Cleaning Injury Risks

Fuel pipes may be cleaned by forcing a slug of natural gas through the lines, and careful planning is required to ensure the right amount of pressure is used. Too little pressure won’t clean the lines, and too much can cause serious damage.

Gas and contaminants exit the system at high velocity, and sharp projectiles may injure nearby workers. Any ignition sources in the vicinity may result in a devastating fire or explosion when coming into contact with natural gas, causing severe burn injuries, and even death.

You Need an Attorney

Employers have a duty to protect their workforce from harm. When they fail in this duty, injured workers deserve compensation for their medical bills, loss of income, and any disabilities they have suffered.

If you’ve been injured or lost a loved one due to a fuel pipe accident, you need representation by an experienced personal injury attorney. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Preventing Fires Caused by the Leading Workplace Hazards Mass Injury Workers’ Compensation Workplace Hazards Are Growing for Texas Oil and Gas Workers

 

Why is it dangerous to clean fuel pipes with natural gas?

Biggest Injury Lawsuits of 2018

Accidents happen. But some accidents can be avoided, and if someone doesn’t take the right steps to avoid an accident, they can be liable for the injuries that occur. Those injuries can be serious or widespread, and if it’s a large company or corporation that failed to protect customers or the general public, the lawsuits regarding injury liability can be huge.
The past year was no exception and there were some serious injury lawsuits filed, along with some big verdicts, in 2018. Here’s a roundup of the biggest injury lawsuits this year:
1. Victims of California Wildfire Sue Utility Company
The past two years have seen catastrophic wildfires across California, not all of which were mere acts of nature. And those responsible for causing the sparks that lit the state aflame are being called to account. One such lawsuit is targeting Pacific Gas and Electric, claiming the deadly Camp Fire was the “direct and legal result of the negligence, carelessness, recklessness, and/or unlawfulness” of the company.
2. Mother Sues for $60M After Child Died in ICE Custody
Immigration has also been at the forefront of the news this past year, and the Trump administration’s enhanced immigration enforcement has come with some deadly costs. Proving government liability in detention and custody injuries and deaths, however, can be tricky.
3. Arizona Class Action Targets Tijuana Weight Loss Doctor, American ‘Weight Coyote’
Speaking of immigration, some Americans are crossing the border in the other direction, looking for cheaper weight-loss surgeries. But the results are not what they expected.
4. Walgreens, CVS Sued for Opioid Sales in Florida
The opioid epidemic has been damaging to communities nationwide, but who’s to blame? Doctors for over-prescribing painkillers? Addicts who sometimes forge prescriptions or overconsume the drugs? Or drug stores who fail to implement controls on illegal sales?
5. Massachusetts Man Awarded $8.25M for Injuries From Falling Asphalt Melter
Brian Goodrich of Oxford, Massachusetts sustained permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of “even remedial cognitive function” after an asphalt melter fell on his head. In turns out the makers of the melter didn’t include adequate warnings, and were legally liable for some of his injuries.
6. Class Action Lawsuit: E-Scooters Are a ‘Public Nuisance’
This was also the year of the e-scooters. Thousands of electric scooters began appearing on city streets, generally wreaking havoc on pedestrians and drivers alike. With municipalities scrambling to keep up with e-scooter regulations, some turned to class action lawsuits to curb the e-scooter scourge.
7. Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury
If you’re still doing some last-minute shopping, stay safe out there. And if you do get injured, contact a local attorney.

The post Biggest Injury Lawsuits of 2018  appeared first on Rutberg Breslow Personal Injury Law.

Biggest Injury Lawsuits of 2018 

School Has ‘No Legal Duty’ to Protect Students in Mass Shooting

A federal judge decided that the school district and sheriff’s office had no legal duty to protect the students as they were fired upon by Nikolas Cruz in the Marjory Stoneman Douglas High School shooting in Parkland, Florida on February 14, 2018.Fifteen students filed two suits, one in federal court and in one state, claiming they had a 14th Amendment due process right to be protected by law enforcement officers. The federal judge dismissed the case, while the state judge allowed for the case to proceed, even though both courts were using the same set of facts and legal precedent. But only one view will prevail, and legal scholars believe that will be the federal court’s.
Police Do Not Owe a Duty of Care to Individual Citizens
Police generally do not have a duty to protect individuals. Rather, they have a duty to protect the general public. Taken to the extreme, a police officer would not have a duty to protect you even if they saw someone point a gun and shoot you in the head. Their duty would be to apprehend the criminal to protect the public, but not necessarily to intervene and protect you.However, a duty would arise if that police officer had a special relationship to you or if you were being held in custody. Courts have regularly said that school does not elevate to the requisite level of being held in custody. Rather, that level of care is reserved for prisons and the like. But what about special relationships? That is where the state and federal court differed.
State Court Believes School Resource Officer Did Have a Duty of Care
The state court felt that the community safety officer stationed at the school, Scot Peterson, did have a duty to protect, and therefore would not dismiss the case. According to Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law, when an officer has a “special relationship” with people, or acts to “enhance the risk” of harm, the officer can be liable under a negligence theory for any resulting injury.This is likely how Judge Henning found that Mr. Peterson did have a duty to protect those inside the school and refused to dismiss the suit. The court likely found Peterson, as a school resource officer, had a special relationship with the students, and as such, there would a duty of care to protect the students. In addition, facts seem to show that Peterson not only failed to go in and help the students when he knew that Cruz was shooting at them, but he also ordered a lockdown of the building, thereby trapping the students inside the school with Cruz like sitting ducks.
It is expected the plaintiffs will appeal the federal court’s dismissal of the case.

The post School Has ‘No Legal Duty’ to Protect Students in Mass Shooting  appeared first on Rutberg Breslow Personal Injury Law.

School Has ‘No Legal Duty’ to Protect Students in Mass Shooting 

Antiquated Refinery Equipment Can Cause Devastating Injuries

Refineries provide numerous well-paying jobs, but they're also some of America’s most dangerous workplaces. One of the biggest contributing factors to refinery risks is the frequent use of aging equipment. Refinery owners, always mindful of the bottom line, may not replace outdated equipment in a timely fashion. These pieces of vital machinery can lead to accidents, causing serious worker injuries.

Antiquated Equipment

Despite advances in safety technology, defective equipment remains a leading factor in refinery accidents. Most Texas refineries haven’t been renovated in decades. While installing new equipment would improve safety, it also requires halting production, thereby reducing profits. Instead, many refineries opt to continue using antiquated machinery that's prone to malfunctions.

Some of the most common factors leading to the failure of this equipment include:

• Design defects
• Manufacturing defects
• Corrosion
• Lack of maintenance
• Metal fatigue
• Overstress
• Welding defects

Refinery Worker Injuries

Refineries have numerous pieces of vital machinery that must be maintained, including boilers, treatment tanks, pumps, pipelines, and storage tanks. As this equipment continues to age, refinery production strains the machinery to its limits. Improperly maintained or malfunctioning refinery equipment can lead to severe worker injuries, including:

• Thermal and electrical burns
• Broken limbs
• Spinal cord damage
• Back and neck injuries
• Impaired vision
• Amputations
• Head and brain trauma
• Death

Refinery Accident Compensation

If you’ve suffered injuries in a refinery accident, you deserve compensation. You may receive payments for your medical and therapy bills, income to replace lost current and future wages, and disability payments.

If you’ve lost a beloved family member due to a catastrophic refinery accident, you may be entitled to receive damages. These can include compensation for lost earning capacity, loss of inheritance, mental anguish, and loss of care and companionship. If management is guilty of gross negligence, the family of the deceased may recover punitive damages to punish the defendants for their willful and wanton behavior. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Facial Disfigurement After a Refinery Accident What Causes Refinery Explosions? Oil Refinery Dangers

 

Antiquated Refinery Equipment Can Cause Devastating Injuries

Combustible Dust Accidents

A little dust might seem harmless enough, but under the right circumstances, it may contribute to a catastrophic fire or explosion. Tiny dust particles in the air can ignite, and rapidly grow into an explosive fireball.

There are five elements that must be present for combustible dust accidents to occur:

• Fine dust particles
• High concentrations of dust suspended in the air
• An oxidant, such as fluorine, chlorine, or atmospheric oxygen
• An ignition source in the form of electrical arcing, electrostatic discharge, hot surfaces, friction, or fire
• A confined space or enclosure

How Dust Explosions Happen

In a combustible dust explosion, dust serves as the fuel. When substances are reduced to dust during the manufacturing process, and subsequently hang in the air in sufficient concentrations, they can cause explosions. These explosions often trigger secondary blasts when dust particles are dispersed into the atmosphere, reacting with the heat. These secondary explosions often cause far more widespread damage than the initial blast.

Combustible materials that are typical sources of dust accidents include:

• Metals such as iron, aluminum, chromium, zinc, and magnesium
• Foods containing spices, starch, flour, or sugar
• Materials including wood, paper, tobacco, and grains

Where Dust Accidents Happen

Combustible dust fires and explosions may result in serious employee injuries and even death, and employees working in a number of industries are vulnerable to these types of accidents. According to the Occupational Safety and Health Administration, a few of the most common workplace environments for combustible dust explosions include:

• Fertilizer plants
• Food processing or manufacturing plants
• Grain processing facilities
• Tire and rubber manufacturing plants
• Metal processing facilities
• Paper and pulp processing plants

You Need an Attorney

If you’ve been injured or lost a loved one due to a combustible dust fire or explosion, you need an attorney to help you receive 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: Preventing Fires Caused by the Leading Workplace Hazards Workplace Risks for Explosive Burn Injuries Mass Injury Workers’ Compensation

 

Combustible Dust Accidents

How do I know if my employer is a workers' compensation subscriber?

Typically, workers’ compensation insurance is mandatory under state law. Texas is an exception, however. Employers may opt out of the workers’ compensation program if they wish, though they must still compensate injured employees. 

To recover damages, individuals must know whether or not their employers have workers’ compensation insurance.

The Importance of Workers’ Compensation Status

An employer’s workers’ compensation status has a big impact on an employee's recovery for his injury or illness. If the employer is covered by workers’ compensation insurance, payments will come from the insurance company.

On the other hand, employers who opt out of workers’ compensation, known as non-subscribers, are directly liable for all worker injuries. This may include medical bills, loss of present and future income, and pain and suffering. If a company is guilty of gross negligence, it may be liable for punitive damages as well. This means workers can conceivably recover more damages from non-subscribers than they would receive from employers' insurance carriers.

Since any potential recovery depends on the employer’s workers’ compensation insurance status, determining this status is the first step in securing compensation.

Determining Workers’ Compensation Status

Employers are required by law to notify employees regarding their workers’ compensation insurance status. Texas Department of Insurance Reference Rule 110.101(e)(2) mandates the posting of a notice in both the personnel office and in another prominent location within the workplace.

Employers are also required to notify new hires of their workers’ compensation insurance status, and to provide notice whenever that status changes. Unfortunately, companies aren’t always honest about their lack of workers’ compensation coverage. Employees can verify workers’ compensation status by contacting the Texas Department of Insurance.

Receiving Compensation

If you’ve been injured on the job, you deserve compensation. An experienced personal injury attorney can help identify your employer’s workers’ compensation status, and pursue every type of recovery available to you. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Workers’ Compensation Claims Versus Non-Subscriber Lawsuits Claim Options Beyond Workers’ Compensation for Workplace Injuries The Workers’ Compensation Claims Process

 

How do I know if my employer is a workers' compensation subscriber?

Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades

Reuters released a report that proclaims Johnson & Johnson (J&J) knew their talc products contained asbestos, but hid that information from regulators and the general public. Asbestos has been linked to mesothelioma and ovarian cancer, and now it seems J&J talc is linked to those as well.
Confidential Internal Memos Prove J&J Knew of Asbestos in Talc
It appears that J&J knew for decades that its talc contained forms of asbestos, but that the company either neglected to report these findings, explained them away as statistically insignificant, or tested their product in such a way as to minimize or avoid asbestos detection. But years and years of discovery by various plaintiffs’ lawyers have finally scratched away at what could be a facade that masked what J&J knew, but never disclosed: that its talc contained asbestos.Now, J&J has been forced to share literally thousands of pages of company memos, internal reports, and other confidential documents to attorneys who claim their talc caused various forms of cancer.
Knowledge at the Highest Levels
Reuters reviewed these documents, which seem to state that the company knew that its raw talc and finished powder tested positive for small amounts of asbestos from at least 1971 to the early 2000’s Ranking executives and company lawyers knew this fact, but didn’t disclosed it to regulators or the public. Not only did they intentionally fail to disclose this information, but it appears they also successfully influenced U.S regulators’ plans to limits asbestos in cosmetics, as well as the government’s scientific research on talc’s adverse health effects.
Documents May Help Plaintiffs Prove Link Between Cancer and Talc
In recent years, juries awarded huge sums to plaintiffs for proving that J&J talc was laced with asbestos, which in turn, caused their mesothelioma. Mesothelioma is a lung cancer caused by asbestos. Normally, these cases are found in construction and mine workers. But when cases starting arising by the dozen in patients who never held these jobs, it led to the theory that they inhaled the asbestos in a different way. And as it turned out, that way was talc. Unfortunately for plaintiffs, jury verdicts have not always held for plaintiffs. In fact, results have been pretty mixed, since plaintiffs bear the burden of proving that there was asbestos in the talc used by plaintiffs. And that link has always been difficult to prove, until now.
Mesothelioma and Ovarian Cancer Linked to Talc
These mesothelioma cases opened the door for broader J&J liability, and earlier this year, plaintiffs successfully won a $4.69 billion verdict for proving that asbestos-tainted Baby Powder and Shower to Shower talc caused ovarian cancer, again via asbestos, in women that regularly used J&J talc products as a perineal antiperspirant and deodorant.Ovarian cancer is much more prevalent than mesothelioma, and hence J&J’s liability could be debilitating to the company. In fact, J&J is facing thousands of lawsuits claiming its talc caused cancer, since asbestos has a long latency period. And now it appears lawyers may now have all the evidence they need to tie the two, in both forms of cancer.
If you or someone you love has been diagnosed with mesothelioma or ovarian cancer, and you think talc could be to blame, contact a personal injury lawyer. This Reuters report could have potentially opened the door for many plaintiffs seeking to recover damages for their cancer inflection. A lawyer may very well be willing to listen to the facts of your case, and even represent you, for no money down.

The post Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades  appeared first on Rutberg Breslow Personal Injury Law.

Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades 

First Responders and Workers' Comp Death Benefits

Texas first responders frequently put their lives on the line in service to their communities. Tragically, police officers, firefighters, and paramedics sometimes die in the line of duty as a result.

Workers’ compensation death benefits help families replace some of their lost income when an employee dies due to a work-related illness or injury.

Death Benefit Eligibility

When a first responder dies due to a work-related illness or injury, his survivors may be entitled to receive death benefits. Eligibility for these benefits begins the day after the first responder’s death, and payments will be made until the beneficiary no longer qualifies for benefits. These death benefits may be owed to:

• Spouses. Prior to the passage of TX HB2119, a surviving spouse could only collect death benefits until remarriage. However, since September 1, 2017, the spouse of a deceased first responder is entitled to receive lifetime benefits regardless of marital status.
• Minor children. The child of a deceased first responder can receive death benefits until age 18, or until she or he turns 25 if enrolled as a full-time student at an accredited college or university. A child suffering from a physical or mental disability who's a dependent on the date of the first responder’s death will receive benefits for the remainder of his life, or until he no longer has the disability.
• Grandchildren. Grandkids who were at least 20 percent dependent on the first responder at the time of his death are also entitled to receive death benefits until they turn 18. A grandchild who's eligible for death benefits, but who isn’t a minor when the first responder dies, may receive no more than 364 weeks of benefits.

Receiving Death Benefits

If you’ve lost a loved one who died in the line of duty as a first responder, you may be entitled to receive workers’ compensation death benefits. You need representation by an experienced attorney who can help you receive rightful compensation. 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 When to Accept or Decline a Workers’ Compensation Settlement Texas Workers’ Compensation Denials

 

First Responders and Workers' Comp Death Benefits

What's the cost of hiring a truck accident attorney?

Truck accident attorneys can choose to bill their clients however they wish, but contingency fee arrangements are the most common. With these payment structures, an attorney doesn't collect a fee unless and until his client wins his case.

Contingency Fee Advantages

To help clients start the process of justice and financial recovery, contingency fee arrangements offer a number of advantages:

• No need to pay up front. Through no fault of their own, truck accident victims are often under tremendous financial pressure. They can no longer work due to their injuries, so their paychecks are dwindling while medical bills continue to rise. Injury victims should be focused on healing and returning to their normal routine, not on trying to come up with the money to pay an attorney.
• Less risk. Since a contingency fee attorney will only charge legal fees if he successfully represents his client, truck accident victims needn't worry about coming up with legal fees out-of-pocket should they lose their cases. However, they may still be responsible for expenses their attorney has incurred while representing them.
• Aggressive representation. Since a contingency fee attorney is only compensated for his time if he successfully represents clients, he'll likely be highly motivated to work hard on their behalf.
• Evidence the case has merit. A contingency fee arrangement proves the attorney believes the case has merit. An experienced attorney isn’t going to invest his time in a case unless he believes he can secure proper injury compensation.

Maximizing Your Recovery

While it's true that an attorney’s contingency fees are paid out of his client’s compensation, the cost of not hiring a lawyer may actually be higher. An experienced truck accident attorney will fight to secure maximum compensation for his client, and this award will likely be much greater than any amount the client could negotiate on his own.

If you were injured in a truck collision, you need professional legal representation. The consultation is free, so you risk nothing by pursuing the compensation you need and 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: The Cost of Speaking With an Attorney Hiring the Best Vehicle Accident Attorney for Your Case Questions to Ask Before Choosing Vehicle Accident Representation

 

What's the cost of hiring a truck accident attorney?

Berkeley Must Face Class Action by Protesters

The city of Berkeley, its police chief, and several of its police officers, will be required to face a class action lawsuit brought by protesters that were injured at a recent city council meeting. Though some of the charges brought were dropped, U.S. District Court Judge Jeffrey White kept alive claims that the Berkeley police chief failed to enforce the police department’s own rules for policing demonstrations. These rules were recently adopted after violent tactics were used against demonstrators for Black Lives Matter back in 2014. Apparently, police used those same outlawed tactics against those protesting the city’s SWAT team training and weapons expo, while in the presence of Police Chief Andrew Greenwood.
Three Protesters Allegedly Injured From Police Use of Batons
In July of 2017, protesters and plaintiffs Dylan Cooke, Brooke Anderson, and Lewis Williams came to the stage with other protesters at the conclusion of the City Council meeting at Longfellow Middle School to unroll a banner that said, “Stop Urban Shield, End the Militarization of Our Communities.” According to the complaint, before the sign was even unrolled, police stormed the stage and used excessive force. One officer twisted Cooke’s wrist and shoulder in an “excruciating pain hold”, and another subsequently wrenched Cooke’s arm harder, according to the lawsuit. Anderson, who was wearing a press pass, claims she was repeatedly hit with batons on her arm, on which she wore a visible brace, and had her camera pushed into her face with batons. Williams, who is 74 years old, suffered a cut on his head; allegedly he stooped to pick up his glasses from the floor when an officer hit him on the top of his head.
Alleged Force Used Violated Berkeley Police Department’s Own Policy
After excessive force was used in a local Black Lives Matter rally in 2014, the Berkeley Police Department adopted a crowd-control and use-of-force policy that includes prohibitions on how batons are used and how crowds are disbursed. Judge White will allow claims to move forward that allege that police violated this policy. Though White did drop some related claims, he will allow plaintiffs to amend their complaint, so as to potentially reinstate the dropped claims, thereby making the city increasingly liable for the actions of the police officers. According to plaintiffs’ attorney, Rachel Lederman, if the dropped claims are amended and reinstated, “the big picture can be addressed and additional injuries can be averted and people can exercise their First Amendment rights in Berkeley without fear of being clubbed on the head for no reason.”
If you or someone you love has been violently injured during a peaceful protest, contact a civil rights attorney. Our country was founded on notions of free speech, and in order to keep our country great, all voices should be heard. A civil rights attorney may take your case free or at low cost. Call one today. You have nothing to lose.

The post Berkeley Must Face Class Action by Protesters  appeared first on Rutberg Breslow Personal Injury Law.

Berkeley Must Face Class Action by Protesters 

Are Dangerous Errors Lurking in Your Medical Records?

Sometimes we need to change doctors. Sometimes a medical condition needs to go to an expert. And sometimes, a medical emergency prevents us from giving our complete medical history to the doctors and nurses treating us. In any case, the quality of health care that we receive is only as good as the accuracy of our medical records.
And while it may be impossible to calculate exactly how many errors are  hidden in our medical histories, the Office of the National Coordinator for Health Information Technology estimates that nearly 1 in 10 people who access their medical records online end up requesting that they be corrected. So how do you find out if your medical records are accurate? And how do you correct them if they’re not?
Accessing Records
“I tell people, ‘Collect all your medical records, no matter what’ so you can ask all kinds of questions and be on the alert for errors,” Susan Sheridan, director of patient engagement with the Society to Improve Diagnosis in Medicine told CNN. That is great advice, but how do you actually get your records?
The Health Insurance Portability and Accountability Act (HIPAA) establishes data privacy and security guidelines for patients’ medical information. This law also guarantees your right to review your medical record and request corrections. Under HIPAA, hospitals, medical clinics, physician practices, pharmacies, and health insurers are required to make your medical records available within 30 days, at a reasonable cost, and in the format that you request, if possible.
If you are having trouble acquiring your medical records, or those of a family member, you can review the recent guidelines issued by the Office for Civil Rights of the U.S. Department of Health and Human Services.
Fixing Errors
Your doctor or hospital should also be able to provide you with a form to correct any errors in your medical records. “Individuals should be provided with a timely means to dispute the accuracy or integrity of their individually identifiable health information,” according to the Office of Civil Rights, “and to have erroneous information corrected or to have a dispute documented if their requests are denied.”
Even seemingly innocuous errors, like outdated contact information for family or designated representatives, inaccurate dates of treatment, or minor errors in dosages and medications can have catastrophic health effects if not corrected. Make sure you check your medical records and fix any errors. And you may want to talk to a local attorney for help if you’re having trouble.

The post Are Dangerous Errors Lurking in Your Medical Records?  appeared first on Rutberg Breslow Personal Injury Law.

Are Dangerous Errors Lurking in Your Medical Records? 

Truck Accident Legal Strategies

Commercial truck accident cases are often complicated, requiring the careful development of a comprehensive legal strategy by an experienced personal injury attorney.

Avoidance of Liability

In the aftermath of an accident, a trucking company’s insurance carrier will do everything possible to minimize its payment of claims, including:

• Convincing injury victims to admit fault. Insurance adjusters may attempt to convince claimants to take partial responsibility for the collision, in order to reduce the trucking company’s liability.
• Ignoring phone calls. Insurance adjusters frequently stop taking phone calls from claimants. They know that the longer they delay payment, the more likely the claimant is to tire of waiting and accept a low settlement offer.
• Taking advantage of the statute of limitations. Insurance adjusters know that claimants only have a limited time window during which they can pursue compensation. If they can delay the processing of a claim long enough, the statute of limitations may run out.

Developing a Legal Strategy

An experienced truck accident attorney is the best antidote to these insurance company tactics. He can employ a legal strategy that includes:

Identifying the responsible parties

Vehicle accident victims may not be aware of all the parties responsible for their injuries. An attorney can identify the potential defendants in a truck accident case, maximizing the victim’s potential recovery. These parties may include:

• Employers
• Insurance carriers
• Vehicle manufacturers
• Trucking companies
• Government entities

Gathering evidence

A truck collision case requires a more comprehensive collection of evidence than the typical vehicle accident claim. This evidence may be divided into several different categories, including the:

• Driver. Driver-related evidence may include his training file, hours of service documents, inspection records, and post-collision drug and alcohol test results.
• Truck. Truck-related evidence often includes the vehicle’s maintenance and inspection history, and data from onboard systems such as the engine control module, brake module, and GPS tracking systems.
• Cargo. This evidence might include dispatch instructions, bills of lading, weight tickets, and delivery documents.

Consultations Are Free

If you were injured due to a truck accident, contact the law offices of Steve M. Lee, P.C., for a free consultation to discuss the optimal legal strategy for your case. You can start right now by completing the brief form on this page.

Related Links: Trial Strategies That Can Persuade the Court How an Expert Witness Helps Determine the Outcome of Your Injury Lawsuit How to Find the Right Truck Accident Attorney to Handle Your Injury Case

 

Truck Accident Legal Strategies

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was “crushed and shredded” during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator’s teeth, turning it into “hamburger meat,” according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn’t use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn’t be saved.

Career as a Surgeon Put at Risk
According to Hoggard, this wasn’t just a case about a big toe. It was about pain and suffering, as well as quality of life. Losing the toe has impacted the way she walks and stands, leading to daily pain in her hip and knee.Siddiqui is in medical school, and hopes to become a surgeon, which often requires long hours of standing. Now this career is in jeopardy. Hoggard estimated Siddiqui’s earnings loss ranged from $1.5 million, if jurors considered how much she would earn as a college graduate, to $5 million, if she succeeds as a surgeon. Defendants in the case, the mall owner and escalator manufacturer, had already admitted guilt as well as prior knowledge of other clothing items recently getting caught in this same escalator. They were looking to pay Siddiqui $500,000.
$15 Million Awarded in Prior Escalator Settlement
Though $3 million may seem like a high award, back in 2003, Dillard’s department store agreed to pay a Florida girl $15 million, after she lost three fingers at the age of five when her hand got caught in an escalator as she tried to free her shoe that had gotten similarly stuck. In that case, the Dillard’s manager also knew that the escalator was dangerous, but had lied to state regulators to make it appear that the escalator was being maintained.
If you or someone you love has been injured from an escalator incident, contact a local personal injury attorney. Only through legal discovery will you be able to learn if the escalator operator or manufacturer knew or should have known that the machine was dangerous. A lawyer will be able to help you get the most reimbursement possible for your medical bills, pain, suffering, and lost wages.

The post Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury  appeared first on Rutberg Breslow Personal Injury Law.

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury 

Online Shopping May Lead to an Increase in Truck Accidents

Commercial trucks are the primary means of transporting goods from one geographic area to another. For decades, these goods were delivered to large retail locations such as grocery and discount stores, but that’s changing.

Urban areas across the country are experiencing a big increase in commercial truck traffic. The exploding popularity of e-commerce has led to a dramatic escalation in the number of deliveries made to consumers’ homes. According to a 2017 survey, 40 percent of internet users in the United States reported they shop online several times per month. With the resulting increase in truck traffic, there's an increase in accident risks.

Truck Accident Causes

Transport and delivery trucks operated by parcel delivery services such as UPS and FedEx populate America’s streets and highways. Many delivery truck accidents occur because the driver’s visibility to the sides and rear of the vehicle is often severely limited, particularly when backing up. The transportation and delivery of goods is a stressful occupation, and truck operators are under constant pressure to deliver packages on time. This can lead to aggressive and careless behaviors, including:

• Failing to stop for traffic lights or stop signs.
• Speeding or traveling too fast for prevailing traffic and road conditions.
• Failing to use turn signals.
• Distracted driving, such as looking at a smartphone, or attempting to read a delivery list or map.

Truck Collision Compensation

While many truck accidents are caused by driver behavior, the delivery company’s management policies may also be to blame. If a truck operator is poorly trained, if cargo is loaded improperly, or if a truck is inadequately maintained, the trucking company may also be held liable for the collision.

If you’ve been injured in a truck accident, you need an experienced personal injury attorney to 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: Small Truck Accidents Accident Risks From Small Trucks When a Truck Reaches Its Delivery Point, It May Still Pose a Risk

 

Online Shopping May Lead to an Increase in Truck Accidents

How are damages determined in a Texas truck accident case?

Texas truck accident injury victims are entitled to a number of different types of damages, and an experienced personal injury attorney can help them receive rightful compensation.

Types of Damages

Some of the most common types of damages in truck accident cases include:

• Medical costs. Typical truck accident medical expenses include ambulance or helicopter transportation, emergency room visits, surgery costs, and physical therapy expenses. An attorney can obtain documentation for all these costs from health care providers. More severe injuries are typically given higher compensatory awards.
• Future medical costs. Injuries caused by truck accidents often require ongoing medical treatment, such as physical therapy and prescription medications. Your legal team can obtain testimony from medical experts regarding future costs stemming from the truck accident.
• Property damage. In addition to causing temporary and long-term injuries, truck accidents often lead to significant vehicle damage. A lawyer can determine the cost of repair or replacement of a damaged vehicle.
• Loss of income. When truck accident victims must miss work due to their injuries, their lost wages are also recoverable. An attorney can use pay stubs to determine the total amount of missed work resulting from these injuries.
• Loss of future income. A truck collision can significantly reduce future earnings potential when injury victims are unable to return to their regular jobs. An experienced lawyer can hire expert economists to estimate future lost wages and loss of earning capacity.
• Pain and suffering. There's no formula that can precisely quantify the value of pain and suffering stemming from a large commercial vehicle crash. However, a truck accident attorney can use his experience and research tools to estimate appropriate compensation for pain and suffering.

You Need an Attorney

If you were injured in a truck collision, you need an experienced attorney to 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: Truck Accident Liability Chains Claiming Damages in Your Truck Accident Case Learn How Negligence Affects Your Case After a Texas Truck Wreck

 

How are damages determined in a Texas truck accident case?

Top 5 Legal Tips Regarding the Costs of Personal Injury Claims

Accidents and injuries happen every day. And often, people don’t seek compensation for their injuries because they are worried about the cost of an injury claim, or they think whatever they might get paid won’t be worth the time and effort. While this may be the case in some instances, it’s not always true.
So how much does it cost to bring a personal injury lawsuit, and how do you know if it will be worth it? Here’s what you need to know.
1. How Much Is Your Personal Injury Case Worth?
That’s pretty much the threshold question for most litigants, as the answer will determine how much they are willing to spend to file a claim and pursue it to trial. But that answer can vary depending on a number of issues, from the severity of the injuries to statutory limits on personal injury awards.
2. Does the Losing Party Always Have to Pay Attorney’s Fees?
An essential part of considering any reward is assessing the risk. In an ostensible attempt to limit frivolous lawsuits, some jurisdictions allow one party to seek repayment from the other after an unsuccessful lawsuit. Is this always the case in personal injury claims?
3. How to Document Your Personal Injury Expenses Before Filing a Claim
Part of determining how much your personal injury claim might be worth is documenting your injuries, costs, and expenses. That’s not always easy, and mistakes, miscalculations, and omissions can hurt your case. Here’s how to do it right.
4. Top 7 Questions (and Answers) Regarding Damages in Personal Injury Cases
If you do win your case, what then? There are different kinds of damages available in different kinds of cases, depending on the conduct of the other parties and the injuries involved. And, as noted above, some of those damages are capped by state laws.
5. 3 Ways to Get Compensation for an Injury Without Suing
Of course, you may be entitled to compensation and able to obtain it without going to court. Here’s how.
One essential element to the cost of a personal injury claims is your legal fees, and many injury lawyers will accept cases on a contingency fee basis where your cost is based on what you are (or are not) awarded in the case. To find out if your personal injury case is eligible for such an arrangement, contact a local personal injury attorney.

The post Top 5 Legal Tips Regarding the Costs of Personal Injury Claims  appeared first on Rutberg Breslow Personal Injury Law.

Top 5 Legal Tips Regarding the Costs of Personal Injury Claims 

Common Road Hazards in Texas

Road hazards are a common problem in Texas, and they sometimes result in serious vehicle accidents.

Typical Road Hazards

Some of the most common Texas road hazards include:

• Broken traffic signals. Cities sometimes fail to repair traffic lights promptly. Malfunctions can cause drivers to miss red lights, leading to a serious intersection collision.
• Potholes. Potholes are the result of improper road construction and maintenance. When water enters and weakens the soil beneath a road, traffic can wear out and break the poorly-supported asphalt. Potholes can be prevented by ensuring the road is constructed with adequate drainage structures, and preventative maintenance allows potholes to be repaired before they create a hazard. When municipalities fail to repair potholes, they put motorists, motorcycle riders, and bicyclists at risk. Motorists may lose control when swerving to avoid a pothole, and a motorcyclist or bicyclist who hits a pothole may be thrown from his bike.
• Overgrown vegetation. Trees and bushes that aren’t trimmed back present multiple road hazards. Overgrown vegetation obscures stop signs and traffic signals, causing collisions at intersections. Old, rotten trees might fall into a roadway, striking a vehicle or causing a driver to swerve off the road.
• Construction equipment. Negligent city or state work crews may create hazards while trying to repair roads. Equipment, machinery, and vehicles improperly parked on the shoulder or unexpectedly impeding the flow of traffic can cause a serious collision.

You Need an Attorney

If you’ve been injured in a vehicle collision caused by road hazards, the state of Texas, the county, or the municipality charged with road upkeep might be held liable for the harm you’ve suffered. Other motorists may also be liable for the accident if they negligently reacted, or failed to react, to the road hazard.

The potential liability of multiple parties complicates these cases, so you need an experienced vehicle accident attorney to 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.

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Common Road Hazards in Texas

When to Sue for House Fire Injury or Death

Some deaths feel accidental, tragic, unavoidable. And some others feel so easily preventable. Malfunctions and accidents happen, but we hope that the systems we put in place to protect us from those inevitable dangers will work. And when they don’t, we want to hold them accountable.
So it’s understandable that a person might expect a home security system, one that promised to alert authorities in case of alarm, wouldn’t ignore two warnings and unanswered calls and “inexplicably” clear an incident, especially when that incident is a deadly house fire. But that’s what happened to Elizabeth Frost, who died of smoke inhalation and carbon monoxide poisoning after a fire in her home. So, is the home security system to blame?
ADT Failure
Frost’s family filed a wrongful death suit against ADT on behalf of her son, accusing the company of fraud, deception, and breaching the Kansas consumer protection act. According to the lawsuit, the security company was initially alerted to a problem at the home at around 1:30 a.m., receiving a first alarm for a broken glass window and a second for a failure of the home system’s main keypad. An ADT employee attempted to contact Frost and her mother, but their calls went unanswered. Instead of attempting to contact first responders, however, the employee cleared the incident around a half hour later.
City employees finally dialed 911 to report the fire around 3 a.m., about 90 minutes after the first alarm at Frost’s residence. Frost’s body was pulled from her burning home and she died later at a hospital. Topeka’s WIBW is reporting that the family’s civil suit has been dismissed, however, apparently because it did not provide sufficient facts to support the family’s claims for relief.
Failure to Act
Without more information, it’s hard to speculate why U.S. District Court Judge Julie Robinson dismissed the lawsuit. But there are a couple general legal theories that could explain it. First, there is no general requirement to lend help to someone in need, absent some special relationship or knowledge. Additionally, there is not even a legal requirement to call 911 in an emergency in most states.
And while ADT may not have had a general duty to contact authorities, it remains unclear exactly what guarantees it made to Frost or her family in its marketing materials. For the most part, liability of fire injury or death is going to be limited to the persons or people who started a fire, and not those who failed to report it.
If you or a family member has been injured in a house fire, contact an experienced local attorney.

The post When to Sue for House Fire Injury or Death  appeared first on Rutberg Breslow Personal Injury Law.

When to Sue for House Fire Injury or Death 

Chronic Pain After a Vehicle Collision

Many vehicle accidents result in a diagnosis of chronic pain syndrome. The term chronic pain generally refers to localized pain in a particular area of the body, such as the back, shoulders, or neck, for an extended period of time.

While a vehicle collision can happen in a matter of seconds, the chronic pain it may cause has the potential to last a lifetime.

 Symptoms of Chronic Pain

Chronic pain can be defined as pain that lasts for more than six months. Most vehicle accident injuries resulting in chronic pain are caused by trauma to the nervous system. The pain may be mild or severe, and it might be constant, or only occasional. It can limit a victim’s ability to move, leading to a dramatic reduction in strength, flexibility, and stamina.

Chronic pain can be so debilitating that injury victims are no longer able to work. Typical symptoms of chronic pain include burning, shooting, or aching pain combined with sensations of stiffness, soreness, and discomfort. This condition often results in an increased desire for sleep, a weakened immune system, depression or anxiety, and a withdrawal from daily activities.

Chronic Pain Damages

Chronic pain damages are awarded based on their anticipated future impact on the victim’s life. In addition to anticipated medical expenses, undefined damages may be awarded for the physical pain, mental anguish, and emotional suffering that can last a lifetime.

Insurance companies frequently argue that chronic pain compensation isn’t warranted, but a skilled attorney can overcome these objections.

Claims for Chronic Pain and Suffering

If you’re suffering from chronic pain caused by a vehicle accident, your attorney can use medical evidence to estimate how long the condition is likely to continue, the medical expenses associated with it, and the lost wages incurred as a result. Your lawyer may also solicit expert testimony from health care providers to prove that your accident caused these chronic injuries, determine the need for future medical care, and predict likely future physical or mental limitations.

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

Related Links: Nerve Damage Caused by Vehicle Accidents Bus Passenger Injuries Soft Tissue Injury Claims

 

Chronic Pain After a Vehicle Collision