Is It Legal for Police to Have Sex With Those in Custody?

Two Pennsylvania lawmakers don’t think it’s right that cops in that state can legally have sex with people in their custody. They’re proposing bills to prohibit it.
But before you conclude that Pennsylvania is a weird place for letting their police officers do that, consider this: 31 other states also allow it.
We’re talking consensual sex, mind you. If cops force themselves sexually on those in their custody, they can face criminal charges like anyone else.
But the problem here is obvious. Police officers have great authority over people they place in custody. And they can use that authority to convince a detainee to engage in "consensual" sex in exchange for release or leniency.
Hundreds of Incidents Nationwide
The practice, apparently, is widespread.
In 2015, the Buffalo News conducted an exhaustive national analysis of sexual encounters between cops and detainees and found 700 credible cases over a 10-year period. The News found that badge-wearing violators "pulled over drivers to fish for dates, had sex on duty with willing or reluctant partners, extorted favors by threatening arrest and committed rapes."
There’s been a growing awareness since then, and especially since a highly publicized incident in New York in 2017, that this is a problem.
The New York Case
The New York case in question involved NYPD officers who were charged with raping a handcuffed 18-year-old woman, whom they’d arrested on drug charges, in the back of a police van. DNA found on the woman during an exam at a medical center that night matched the officers.
After the woman filed charges, the cops responded by saying the sex was consensual. And that argument, as much as anything else, is what fueled widespread outrage in New York. The very counterargument that the officers were making ? that the sex was consensual and they were therefore innocent ? caught people by surprise.
Lawmakers were apparently surprised, too, because four months later the legislature passed a law prohibiting consensual sex between police and anyone in custody. After New York acted, reducing the number of states allowing sex between cops and detainees, three more states followed suit.
The two officers voluntarily resigned from the NYPD, but the story roared back to life in October of this when a judge hearing the case against them announced his decision. The two men would serve no jail time. Instead, they were sentenced to five years’ probation.
The ruling provoked another outcry. And more reactions, like those of the two lawmakers in Pennsylvania, that laws need to change.

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Is It Legal for Police to Have Sex With Those in Custody? 

Can Video Games Be Addictive? Fortnite Lawsuit Says Yes

We’ve all heard the confessionals by video game players who sacrificed their jobs, their relationships, or their educations to their gaming obsession. But can video games be truly addictive, like drugs?
People who have joined a class-action lawsuit against a game company in Canada say yes. The defendant company, Epic Games, is the creator of Fortnite, an extremely popular third-person shooter game. A Montreal law firm, Calex Legal, has created a class action on behalf of two parents who claim that the game is as addictive as cocaine and has harmed their two children, ages 10 and 15.
Their complaint argues that Fortnite, when played for a long time, results in players’ brains releasing dopamine in the same way drugs do, causing a chemical addiction. The lawsuit further contends that the game’s developers hired psychologists to help them make the game as addictive as possible.
Modeling their lawsuit after class-action lawsuits against Big Tobacco in the U.S. and Canada, the law firm is contending that the defendant knew of the dangers and failed to warn players. In this case, the two parents say that had they known of the risks, they never would have allowed their children to even start playing Fortnite.
How the Effects of Video Games and Drugs Are Similar
So, what kind of evidence exists to support their claim?
For starters, the World Health Organization recently classified "gaming disorder" as an actual disease to be listed on its International Classification of Diseases. (The American Psychiatric Association’s classification system, the Diagnostic and Statistic Manual of Mental Disorders, says that "internet gaming disorder" needs more research.)
In 2018, researchers at Nottingham Trent University in the United Kingdom conducted a sizable review of the studies that have been done on gaming disorders and found strong consensus that the neurobiological effects of gaming addiction and drug addiction are similar. These included "poorer working memory and decision-making capabilities, decreased visual and auditory functioning, and a deficiency in their neuronal reward system."
On Oct. 22, the New York Times took a deep dive into the subject of video game addiction and found that in the gaming industry it is "an open secret" that the games are designed to be addictive. "With the help of hired scientists, game developers have employed many psychological techniques to make their products as unquittable as possible," Ferris Jabr writes. For instance, according to Jabr, a typical allure to keep players playing is the use of "intermittent reinforcement," where players receive rewards at random intervals.
Drug Analogy Also Has Doubters
Despite these findings, however, there are plenty of people who say there’s nothing that makes video game obsessions more intense than other activities. "The same can be said of many activities; people overdo it with sex, food, exercise, work or religion," says Stetson University psychology professor Christopher J. Ferguson, writing in U.S. News and World Report. "(T)he solid, consistent and well-validated research base necessary to label video game addiction a disease or disorder has not materialized."
Addiction or not, parents who believe their children are spending too much time playing video games might consider a few measures to reduce that activity:

Encourage them to engage in more physical activity.
Talk with children about what they like about gaming. This might help to identify whether they might be using gaming to escape other issues.
Limit the hours when they can play the games.
When calling them off the game, ask how much time they need to finish the game. Then be firm in holding them to that time.

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Can Video Games Be Addictive? Fortnite Lawsuit Says Yes 

Halloween Safety Tips

For kids, no holiday can match Halloween for pure fun: Scary costumes, trick-or-treating, class parties, trips to haunted houses, and lots and lots of candy.
Unfortunately, however, it’s also one of the most dangerous times of the year for kids.
While the stories of razor blades in apples or poisonous candy are exceedingly rare, children face plenty of other risks on Halloween.
Children wearing loose-fitting costumes can trip and fall, pointed objects like canes or swords can cause eye injuries, and pumpkin carving always creates a spike in hand and finger injuries, according to orthopedic surgeons.
But the biggest danger is automobiles. According to the organization Safe Kids Worldwide, children are roughly twice as likely to be struck and killed by a car on Halloween than on any other night.
It’s usually dark when trick-or-treaters are out, and they might dart out into roadways in their excitement. Meanwhile, motorists are more apt to have been drinking, due to the popularity of Halloween events in bars. The result, according to a study published in JAMA Pediatrics in January, is a 43% heightened risk of pedestrian fatality compared with other autumn evenings.
Safety pointers
Therefore, if you want to keep your little trick-or-treaters safe on Halloween night, here are a few steps you should consider:

Be sure that costumes fit properly to reduce the risk of tripping. Discourage dark costumes in favor of brightly colored ones.
Be sure that masks fit properly and do not impair vision or breathing.
Choose face paint and makeup instead of masks as much as possible.
Keep candle-lit jack-o-lanterns away from locations where children can brush against them. Consider using LED lights inside them instead.
Put reflective tape on treat bags. Keep toys with small parts away from children under age 3.
Remind children to walk safely: Watch for traffic, cross streets at corners using signals and crosswalks, and make eye contact with drivers before crossing in front of them.
Have kids wear glow sticks or flashlights to help them see and be seen by drivers.

In addition, you should always accompany young children on their neighborhood rounds. If children are old enough to go alone, plan and review a route that is acceptable and specify a time when they should be home.
Halloween is an exciting time for kids. By paying attention to a few simple rules, you can help them to enjoy it safely.

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Halloween Safety Tips 

Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home

Placing a loved one in a nursing home or assisted living facility, whether it is their choice or yours, is almost never easy. It is tough to place your trust in a facility to look after your loved one’s every need ? food, shelter, hygiene, medication, and more.
Most of us recognize the truly hard work that caregivers at these facilities perform, often for low wages. But the fact remains is that if you’re in the job, you have to give it your all, because residents are often relying on you for everything.
So imagine the horror that anyone with a parent or loved one in a nursing home must feel when reading that three employees at a North Carolina assisted living facility were arrested recently for organizing a fight club among elderly residents with dementia.
A Gruesome Discovery
Police in Winston-Salem began investigating the facility in June after receiving a tip. What they found shocks the conscience. The employees were encouraging residents to fight, videotaping the assaults, and sharing the videos on social media.
One of the residents was punched in the face and choked during one of the fights.
A further investigation into the facility uncovered a failure to distribute medication, review medical records, and properly train staff. The facility has been prohibited from admitting new residents since August.
Recognize the Signs of Elder Abuse
Incidents like this drive home the need for relatives to look out for their loved ones who live in nursing homes and assisted living facilities. Many times residents who face abuse or neglect are scared to speak up for fear of punishment.
Some of those signs of abuse and neglect include:

Bruising, cuts, burn marks, or other wounds
Poor hygiene
Weight loss
Malnutrition and dehydration
Confusion and disorientation
Depression, withdrawal, and a reluctance to interact with people

If you suspect that your loved one is the victim of abuse or neglect, it is important to contact the authorities immediately. After caring for their immediate safety, you should think about what your legal options are for recovering compensation for your loved one’s suffering. A successful lawsuit or settlement can also send a strong message to other bad actors in the industry.

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Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home 

FDA Launches Criminal Probe Into Vaping Illnesses, Deaths

According to the Centers for Disease Control, 530 people have now suffered some vaping-related illness and seven have died. As those numbers are climbing, the Food and Drug Administration has opened a criminal investigation into the surge in sicknesses. This announcement comes on the heels of the Trump administration’s efforts to clamp down on e-cigarettes and vaping products aimed at children. More than half of the victims have been under the age of 25.
"Even though cases appear similar, it is not clear if these cases have a common cause or if they are different diseases with similar presentations, which is why our ongoing investigation is critical," the FDA announced. "CDC and the FDA are providing consultation to state health departments and working closely with them to gather information on any products or substances used." What could this mean for civil liability for vaping illnesses and deaths?
Sickness in the Supply Chain
The FDA has assured people that it is not looking to prosecute individual users, but is looking for information regarding what kind of vape products they used. "The focus is on the supply chain," Mitch Zeller, director of the FDA’s Center for Tobacco Products said. "We’re very alarmed about products containing THC."
While all the reported victims had a history of e-cigarette or vaping use, the specific product they were inhaling has varied. Most people admitted to using e-cigarette products containing THC, many said they used both nicotine and THC, and some reported using only nicotine products. Many also said the THC products they used were purchased illegally or on the black market.
"There may be a problem with source material or modification that may be occurring at different places," Anne Schuchat, the CDC’s principal deputy director, told reporters, adding that while the CDC is "working around the clock" to pinpoint what is making people sick, "it may take some time" before that is possible.
Causes and Legal Claims
The wide range of illnesses and products used makes it even more difficult to identify a single culprit, and officials from the FDA’s forensics lab affirmed that they have not identified a single e-cigarette product or substance as the source of the illnesses and deaths. That will also complicate personal injury or wrongful deaths claims based on product liability, especially if the product was purchased illicitly.
If you’ve been sickened by an e-cigarette or vaping product, seek medical attention immediately and share information with health officials to try and determine the exact cause. Then, you may want to talk to an experienced product liability attorney about your possible legal claims.

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FDA Launches Criminal Probe Into Vaping Illnesses, Deaths 

Are Your X-Rays on the Internet?

The privacy of medical records can seem like a tough balance. On the one hand, you don’t want health data like X-rays, MRIs, and CT scans falling into the wrong hands. On the other, if you’re referred from one doctor to another, you might want your new physician to have access to your medical history without lugging an enormous file from one office to the next.
In any event, the last thing you want is your private medical information just sitting on a server, "unprotected by passwords or basic security precautions," free to be seen by anyone with a typical web browser. But a recent ProPublica investigation found that the diagnostic imagery of some 5 million American patients are being stored in such a state, despite repeated warnings from security analysts.
Medical Insecurity
ProPublica, along with German broadcaster Bayerischer Rundfunk, identified 187 computer servers storing medical data of both U.S. and international patients, "sitting unprotected on the internet and available to anyone with basic computer expertise":
The insecure servers we uncovered add to a growing list of medical records systems that have been compromised in recent years. Unlike some of the more infamous recent security breaches, in which hackers circumvented a company’s cyber defenses, these records were often stored on servers that lacked the security precautions that long ago became standard for businesses and government agencies.

According to the investigation, more than 16 million scans worldwide were available online — some viewable after typing in a simple data query — many paired with patient names, birthdates and even Social Security numbers.
"It’s not even hacking, said cybersecurity researcher and chief executive of the consulting firm Spyglass Security Jackie Singh. "It’s walking into an open door."
Hungry, Hungry HIPAA?
So, what can you do if you think your X-rays and other medical images are online? Likely very little, although the Health Insurance Portability and Accountability Act (HIPAA) mandates that health care providers to keep your personal data confidential and secure, ProPublica’s report describes several entities (from doctors, to hospitals, to radiologists) pointing the finger at each other and a "Band-Aid upon Band-Aid applied" to try and solve the problem. Investigators also found few consequences for HIPAA violators.
Still, if you can prove that your private medical information has been publicly compromised, you may have a legal claim under HIPAA. Contact an experienced health care attorney to discuss your claims.

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Are Your X-Rays on the Internet? 

Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement

Purdue Pharma, which made $3 billion in 2017 alone selling drugs that include the opioid Oxycontin, will declare bankruptcy as part of a potential settlement covering hundreds of lawsuits against the company. The announcement also comes amid allegations that the Sackler family — who own Purdue — used Swiss bank accounts to transfer $1 billion from the company to personal accounts to avoid its seizure in court.
So, what does the settlement and bankruptcy filing mean for people who have sued over opioid addictions or deaths?
Coping With Crisis
"This unique framework for a comprehensive resolution will dedicate all of the assets and resources of Purdue for the benefit of the American public," said Steve Miller, Chairman of Purdue’s Board of Directors. "This settlement framework avoids wasting hundreds of millions of dollars and years on protracted litigation, and instead will provide billions of dollars and critical resources to communities across the country trying to cope with the opioid crisis. We will continue to work with state attorneys general and other plaintiff representatives to finalize and implement this agreement as quickly as possible."
If only it were that simple. While Purdue has agreed to pony up over $10 billion to address the opioid crisis and settle claims from 24 state attorneys general, five U.S. territories, and certain plaintiffs from hundreds of other suits, several states have declined to sign on to the agreement and some plan to challenge it in court. It’s estimated that Purdue is facing a grand total of 2,600 lawsuits.
Follow the Money
So, how can plaintiffs get money from a bankrupt company? Purdue is filing under Chapter 11, which avoids asset liquidation and allows a company to maintain business operations and repay its debts over time. (Liquidation is possible under Chapter 11, but not guaranteed like under Chapter 7 bankruptcy proceedings.) So Purdue won’t exactly be shuttering its opioid operations or other drug sales any time soon.
Still, its plan for bankruptcy may run into similar roadblocks as its legal settlement agreement. Any Chapter 11 reorganization plan requires approval: Creditors holding at least two-thirds of the total debt amount and more than one-half of the total number of claims must agree to the plan. So it’s no guarantee that most of Purdue’s creditors will sign off, and some of those creditors may favor liquidation if they think it means they’re more likely to get repaid.
And the money trail may complicate matters as well. Court filings indicate members of the Sackler family received more than $4 billion from Purdue from 2007 to 2018, according to the AP, and much that wealth is believed to be held outside the U.S.
If you have or are considering filing a claim an opioid-related legal claim, contact an experienced personal injury attorney to find out how the settlement and bankruptcy could affect your case.

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Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement 

Legal Liability Following Tragic California Boat Fire?

U.S. Coast Guard and Santa Barbara Sheriff’s officials believe they have recovered 33 of the 34 bodies of those who died in a boat fire off the coast of Southern California’s Santa Cruz Island. The victims were sleeping below deck of the commercial dive boat Conception when the fire erupted around 3:30 a.m. Monday morning. Five crew members, including the captain, were on the vessel’s third deck and were able to jump off before being rescued, while another crew member below deck perished.
Fire and Water

A team with the National Transportation Safety Board began investigating the fire, along with Coast Guard officials. The Conception was required to be inspected by the Coast Guard annually and was in full compliance with regulatory requirements, according to U.S. Coast Guard Captain Monica Rochester. She added that with rescue efforts now ceased, crews could focus on "why this incident occurred and what we can learn from this tragedy."
Authorities believe that flames moved quickly through the 75-foot vessel, blocking a narrow stairway and escape hatch leading to the upper decks, leaving sleeping passengers below virtually no chance of escaping. Inge Courtois, general manager of boat operator Truth Aquatics, told NBC News that the five surviving crew members had no choice but to jump off the ship or else they would have died.
Maritime and State Law
The cause of the fire has yet to be determined, but there will likely be some litigation following the deadly fire, and maritime injury laws may differ from those on land. Liability for wrongful death under general maritime law depends where the facts causing death occurred. If the deaths occurred within three nautical miles of the United States, state law supplements federal maritime law to provide a remedy, and state wrongful death statutes apply. In this case, it would be California’s wrongful death laws, and possibly common carrier liability, under which victims’ families would need to file suit.
If, however, the deaths occurred farther out at sea, a "decedent’s spouse, parent, child, or dependent relative" can sue the crew and even the boat itself under the federal Death on the High Seas Act. Damages in those claims, however, may be limited, and plaintiffs can’t recover for things like loss of society, loss of consortium, or punitive damages.
Wrongful death claims following boating accidents can be legally complex. Talk to an experienced wrongful death attorney if you have questions.

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Legal Liability Following Tragic California Boat Fire? 

Red Light Running Accidents: What You Need to Know

There are scary car accident statistics and then there are scary car accident statistics. This is the latter. A new study from AAA’s Foundation for Traffic Safety, 939 people were killed in red light running crashes in 2017, representing a 28 percent increase since 2012 and a 10-year high in the data.
A survey of drivers as part of the study also showed that 85 percent of drivers thought running a red light was very dangerous, but almost a third say they had done it within the past month. "More than 40 percent said they didn’t think police would stop them," according to AAA. "Nevertheless, it’s against the law and if a driver is involved in a deadly crash, it could send them to jail."
Per Se Legal Proof
Running a red light is a criminal offense (as is vehicular manslaughter). But breaking the law while behind the wheel could have civil lawsuit implications as well, thanks to a legal concept known as negligence per se. Negligence is a central factor in any car accident injury case, and a driver who violates traffic laws by running a red light before a crash is often considered negligent per se, because the law is intended to promote safety and avoid the kind of injuries that occurred.
In many jurisdictions, proof that the defendant violated a statute, regulation, or ordinance enacted to protect against the harm that resulted to the plaintiff means that the defendant’s negligence is conclusively established. In other jurisdictions, a defendant’s violation of a statute is merely evidence that the defendant might have acted negligently. So, evidence that someone ran a red light could go towards proving negligence and fault in a car crash, or it could decide the matter entirely.
Stopping an Accident
Demonstrating fault in any car accident claim can be tricky. But having evidence that one party ran a red light certainly helps. "Drivers who decide to run a red light when they could have stopped safely are making a reckless choice which puts other road users in danger," according to executive director of the AAA Foundation for Traffic Safety Dr. David Yang.
AAA also has some recommends drivers to avoid running red lights and causing accidents:

Prepare to stop: Lift your foot off the accelerator and ?cover the brake? when preparing to enter any intersection by positioning your right foot just above the brake pedal, without touching it.
Use good judgment: Monitor ?stale? green lights, those that have been green a long time as you?ve approached the intersection. They are more likely to turn yellow as you arrive at the intersection.
Tap the brake: Tap your brakes a couple of times before fully applying them to slow down. This will catch the attention of drivers who may be inattentive or distracted behind you.
Drive defensively: Before you enter an intersection after the light has turned green for you, take a second after the light changes and look both ways before proceeding.

If you’ve been involved in a crash caused by someone running a red light, talk an experienced car accident attorney about your legal options.

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Red Light Running Accidents: What You Need to Know 

Is a Nationwide Opioid Settlement Coming?

According to the Centers for Disease Control, 130 Americans die every day from an opioid overdose, and opioid overdoses are representing an increasing percentage of more than 700,000 drug overdoses since 1999. The opioid epidemic has also unleashed a torrent of litigation: cities, counties, states, and Native American nations are suing manufacturers and distributors seeking liability for what has become a public health crisis.
And a recent court ruling in Oklahoma has spurred negotiations to settle all of the opioid-related lawsuits in one fell swoop.
One State, One Family, Thousands of Claims
A federal judge has ordered Johnson & Johnson to pay Oklahoma $572 million for its role in fueling the state’s opioid crisis. And in other settlements with the Sooner State, Purdue Pharma (the manufacturer of OxyContin) agreed to pay $270 million, and drug maker Teva agreed to pay another $85 million. Now NPR is reporting that those companies, along with Endo International and Allergan are attempting settle around 2,000 more suits that have been consolidated in another federal court in Ohio.
Initial reports indicate that Purdue Pharma, run by the secretive Sackler family, could pay up to $12 billion to settle all the claims against it, and that the agreement may include the family paying $3 billion of its own money and giving up ownership of the company. "For years, members of the Sackler family tried to hide their role in creating and profiting off the opioid epidemic," said Massachusetts Attorney General Maura Healey. "We owe it to families in Massachusetts and across the country to hold Purdue and the Sacklers accountable, ensure that the evidence of what they did is made public, and make them pay for the damage they have caused."
Public Pharma?
The settlement talks, it appears, would only include state and local governments — "a ‘negotiating class’ of tens of thousands of local governments," according to NPR. And who would control any money paid out, and who would get how much, remains to be determined. There is also talk of transforming Purdue from a private company into a "public beneficiary trust," which would send all profits from drug sales to states, cities, and tribes.
"While Purdue Pharma is prepared to defend itself vigorously in the opioid litigation, the company has made clear that it sees little good coming from years of wasteful litigation and appeals," the company announced in an email to NBC. "The people and communities affected by the opioid crisis need help now. Purdue believes a constructive global resolution is the best path forward, and the company is actively working with the state attorneys general and other plaintiffs to achieve this outcome."
Opioid lawsuits can be complex, and any claims you have may already be subject to ongoing litigation. If you have questions regarding opioid-related lawsuits, contact and experienced personal injury attorney for answers.

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Is a Nationwide Opioid Settlement Coming? 

Evidence of Football Brain Injury Risk Continues to Grow

Parents of America have one more reason to keep their kids off the football field.
In recent years, the high incidence of football concussions has been linked to ongoing brain deterioration, and now a new study has revealed that the dangers of playing football may be even worse.
Researchers at Carnegie Mellon University and the University of Rochester Medical Center say that it?s not just the big hits that are bad; a season-long series of routine hits can also cause long-term brain damage.
The researchers studied 38 University of Rochester players over the course of a season by placing accelerometers ? devices that measure accelerative force ? into their helmets before practices and games. The results: Two thirds of the players? brains experienced a reduction in white matter by season?s end.
?Our research ? is beginning to indicate that accumulation of many sub-concussive hits is instrumental in driving long-term damage in football players? brains,? said lead author Brad Mahon, an associate professor of psychology at Carnegie Mellon.
Declining Participation
The National Federation of State High School Associations reports that the level of participation in high school sports declined in 2018-2019 for the first time in 30 years. But the decline in football has been going on for more than a decade. Just over 1 million high-school students play 11-man football, about a 3-percent drop from the previous year, to the lowest number since 1999-2000.
The impact of the brain-injury research is particularly noticeable on youth football leagues due to strong sentiment by parents to restrict, or even ban, football for kids. A University of Washington School of Medicine survey found that 61 percent of 1,025 parents who were polled nationally favored age restrictions for tackle football. Massachusetts, meanwhile, is seriously considering an outright ban on youth tackle football.
Expanding Litigation
And then there are the lawsuits.
The NCAA has been on the receiving end of what will eventually be some 200 filings from litigants who allege that the NCAA and individual schools knowingly exposed them to risks of brain injury.
There?s also been litigation on the high-school and youth-football front. Last year, a California high school settled a brain injury case for $7.1 million. And a trial has been set to start in January for a closely watched case in California where a mother has filed suit against Pop Warner Little Scholars, claiming that youth football was responsible for the chronic traumatic encephalopathy (CTE) that was detected in her son?s brain after he died in a motorcycle accident.
So is the day coming when football will be waving the white flag of surrender? Or might a different flag be waving? According to The New York Times, there are now more 6- to 12-year-olds playing flag football than tackle football.
But is America ? and the NCAA and the NFL ? ready for football without the violence?

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Evidence of Football Brain Injury Risk Continues to Grow 

Playground Injuries: Are Waivers Enforceable?

Whether your child is off to daycare or kindergarten for the first time, or is a seasoned fourth- or fifth-grader, chances are they’ll be spending some time on the playground. And while playground equipment has made some great strides in safety from the old metal bars and merry-go-rounds of our youth, any kind of play carries some injury risk.
Just as every school has a playground, just about every school requires parents and students to sign liability waivers at the beginning of the academic year. Often, these waivers purport to protect schools from any legal liability if a child is injured while at school. But are they enforceable? And do they mean you can never sue if your child is injured on the playground?
Waiving the Right to Sue?
Most courts have found that liability waivers are enforceable, but only if they meet certain criteria and only to a limited extent. First, student injury waivers must be clear, unambiguous, and explicit in their terms. So, waivers printed in faint or small font, or in an inconspicuous place like hidden in a large document, are less likely to be enforceable.
Second, injury waivers only limit school liability for injuries arising out of ordinary negligence, and do not generally prevent parents from suing for injuries resulting from gross negligence, recklessness, intentional torts, or the illegal acts of school staff or other students. What does all that legal jargon mean?
"Negligence" is generally defined as the failure to use reasonable care to prevent harm to oneself or to others. So, for example, if a teacher inspects playground equipment and doesn’t notice that a bolt is loose on a swing set, that would normally qualify as ordinary negligence. Gross negligence or recklessness, on the other hand, refers to the lack of any care, or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others. Therefore, if school staff didn’t bother to inspect the playground equipment at all, or worse, saw the loose bolt and did nothing, a jury might find the school liable despite the waiver. The same is true if school staff or students intentionally hurt your child.
The Right Party to Sue?
Most courts recognize a general duty of schools, administrators, and teachers to adequately supervise students placed within their care, and some have specified that schools must provide student with adequate instruction, proper equipment, and non-negligent supervision. So if your child is injured on a school playground, and staff failed to properly supervise the space or your child, you may be able to file an injury lawsuit against the school.
Additionally, manufacturers may be liable if faulty playground equipment causes an injury. Manufacturers have a general duty to ensure their products are safe, and they may be strictly liable for injuries caused by their product.
To find out if a school injury waiver is enforceable (or if you even need to sign one), or whether a school may be liable for your child’s playground injury, talk to an experienced personal injury attorney about your case.

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Playground Injuries: Are Waivers Enforceable? 

With Curfews and Bans, Cities Crack Down on E-Scooters

Public menace? Or valuable innovation?
Cities continue to seek a common ground on e-scooters, the rentable solo vehicles that now swarm across many urban areas. On one hand, the dockless devices are a great transportation alternative; on the other, they?ve often proven to be a safety hazard. And in the interest of public safety, some cities are starting to take a tougher stand on scooters.
From Evening Bans to Total Bans
One of the latest cities to act is Atlanta, which has imposed a temporary ban on evening operation after four riders died this year. ?Sadly, we have seen a pattern in the recent and tragic fatalities involving scooters ? they all occurred after sunset,? Mayor Keisha Lance Bottoms said in a statement. All companies operating the scooters in Atlanta have been asked to disable the devices from 9 p.m. to 4 a.m.
Evening bans have also been instituted in Chicago, with a curfew from 10 p.m. to 5 a.m., and Jersey City, which prohibits operation from 11 p.m. to 6 p.m.
Some cities are placing geographical limits on where the scooters can operate. Virginia Beach, for example, prohibits their use in the city?s Oceanfront area or on any sidewalk. Chicago won?t let them operate in the downtown Loop and other busy areas.
Other cities, meanwhile, are taking an even tougher stand. Last month, Chattanooga, Tennessee, issued a six-month ban on e-scooters. Summit County, Utah (Park City) and Breckenridge, Colorado, recently banned them. Nashville Mayor David Briley called for a ban after the first scooter death occurred in that city, but the Metro Council there overruled Briley and called for a reduction of the scooter fleet instead.
Injuries and Promise
The largest analysis of e-scooter injuries and deaths, conducted by the U.S. Centers for Disease Control and Prevention, looked at medical records in Austin, Texas, from September through November of last year. The study identified 271 injuries, of which 45 percent were head injuries and 39 percent involved fractures. ?A high proportion of e-scooter related injuries involved potentially preventable risk factors,? the report concluded, ?such as lack of helmet use, or motor vehicle interaction.?
While e-scooters have plenty of enemies (including vigilantes who throw them into the nearest body of water), they also have lots of supporters. Besides the people who just enjoy riding the devices, there are also transportation planners who see them as them as filling an important ?micromobility? role: A quick and inexpensive way of getting to and from existing public transportation networks.
They might make our cities greener. But as city officials mull that desired outcome, they are forced to grapple with an inescapable question: At what cost?

The post With Curfews and Bans, Cities Crack Down on E-Scooters  appeared first on Rutberg Breslow Personal Injury Law.

With Curfews and Bans, Cities Crack Down on E-Scooters 

Leading Cause of Medical Malpractice Claims: Misdiagnosis

When most of us think of medical malpractice, we tend to think of an error that occurred on the operating table.
In fact, however, the most common settings for medical mistakes are not surgical wards. They are doctor?s offices and emergency departments, where doctors diagnose what?s wrong with you. 
The Impact of Diagnostic Errors
A recent article in the medical journal Diagnosis focused on the significance of diagnostic errors, pointing out that 34 percent of medical malpractice claims resulting from a patient?s death or serious disability were caused by inaccurate or delayed diagnoses. Twenty-eight percent of total payouts were attributable to diagnostic errors.
The study examined data covering a 10-year period from a database comprising 28.7% of all closed medical-malpractice claims in the U.S. Using that data, researchers identified 11,592 claims that alleged diagnostic errors, nearly three-quarters of them stemming from erroneous or missed diagnoses involving the ?Big Three? diseases: cancer, infections, and vascular events such as strokes and heart attacks. Outpatient clinics were the primary location for missed cancer diagnoses, while emergency departments are where most vascular missed diagnoses occurred.
The article pointed out that the impact of missed diagnoses in the U.S. is largely unknown ? estimates on the number of people who have been harmed by them range from 40,000 to 4 million. The authors characterized their study as ?a first step toward a national epidemiological estimate of serious misdiagnosis-related harms.?
?Serious harms are disproportionately due to failures in clinical judgment,? the authors concluded. ?Research and quality improvement initiatives should target interventions that improve clinical diagnosis for high-harm diseases in specific practice settings such as stroke in the ED, sepsis in the hospital, and lung cancer in primary care.?
Take Steps to Reduce Risk
So, if you find yourself in one of those settings ? or any medical venue, for that matter ? what might you do to reduce the likelihood of a misdiagnosis?
The best way is to become an active member of your health-care team. Tell your doctors about every aspect of your medical history, your medications, your allergies. Do your own research and gather as much information as you can from the doctor. Be assertive and speak up if you have questions.
So, if you find yourself in one of those settings ? or any medical venue, for that matter ? what might you do to reduce the likelihood of a misdiagnosis?
And if you believe you may have been the victim of malpractice, you?ll want to consult with a skilled attorneyskilled attorney who focuses their work in that complex area of law.

The post Leading Cause of Medical Malpractice Claims: Misdiagnosis  appeared first on Rutberg Breslow Personal Injury Law.

Leading Cause of Medical Malpractice Claims: Misdiagnosis 

What Will the NY Child Victims Act Mean for Abuse Lawsuits?

Recent child sex abuse scandals — from churches to billionaires — have put an increased focus on the statute of limitations when it comes to lawsuits involving past sexual assault. An array of factors can keep child victims from speaking out about abuse until years later, and while they can theoretically sue their abusers, in practice, the time limits on those lawsuits can vary significantly from state to state.
Case in point: New York’s Child Victims Act will go into effect this week, and legal experts expect that it will unleash a "tidal wave of litigation."
State Statute of Limitation
Under existing New York state statutes, child sex abuse victims have until they reach the age of 23 to sue their attacker. Additionally, victims can’t sue institutions (like churches or schools) after they turn 21. That means the Empire State has some of the most restrictive civil statutes of limitation when it comes to child sex assault. (Criminal offenses like rape, aggravated sexual abuse, or course of sexual conduct against a child can be prosecuted at any time.)
But the Child Victims Act will now allow survivors could file criminal charges until they turn 28, and a civil lawsuit until they turn 50. It also gives anyone who was previously barred from filing a lawsuit one year to sue over allegations of sexual abuse, regardless of when they said it occurred.
"It’s going to be a tidal wave of litigation," Mitchell Garabedian, a lawyer who represented victims of Catholic priests in Boston told Reuters. And Jeff Anderson, an attorney specializing in clergy sex abuse cases, said his firm has now assigned almost 100 employees to New York cases. The New York Bar Association also noted that judges in state courts "will also receive special training in dealing with cases involving child sexual abuse."
Federal Fight
Most cases of child sexual abuse are governed under state law, although the Child Abuse Prevention and Treatment Act provides funding for state-run child abuse and neglect programs that meet certain federal standards. And in high-profile nationwide cases like the abuse reported within Catholic dioceses, the Department of Justice may investigate.
Otherwise, it is left to victims, their families, and their lawyers to navigate restrictive statutes of limitation to hold abusers accountable. If you think a child is being sexually abused, or have other questions about child sex abuse claims, contact an experienced attorney today.

The post What Will the NY Child Victims Act Mean for Abuse Lawsuits?  appeared first on Rutberg Breslow Personal Injury Law.

What Will the NY Child Victims Act Mean for Abuse Lawsuits? 

Tesla Sued (Again) for Autopilot Fatality

Like any car, Teslas have had their fair share of accidents, and fatalities. As of this writing, there have been four reported fatalities in accidents involving Tesla’s Model S, Model X, and Model 3 automobiles, all in the last three years. (That’s compared to an estimated 40,000 deaths in car crashes in 2018 alone.) Perhaps what’s most striking about the deaths involved in Teslas, however, is that many of the victims were using the company’s autopilot at the time of the accident — a feature many believe will make driving safer.
Case in point was Jeremy Banner, who was killed when his Tesla slid under a turning semi-truck while travelling 68 miles per hour on a Florida highway. Banner’s family is now suing the car manufacturer, claiming its Autopilot system failed and should have braked or swerved to avoid the truck.
Autopilot Accidents
According to investigators from the National Transportation Safety Board, Banner engaged the Autopilot system about 10 seconds before the crash and his hands weren?t detected on the steering wheel for eight seconds before the collision, which should have set off the car’s automated warning system. The Banner family’s attorneys claim Tesla falsely advertised its Autopilot system as self-driving technology that would "eliminate the risk of harm or injury to the vehicle operator caused by other vehicles or obstacles." The lawsuit also alleges that Banner "reasonably believed" his Model 3 was safer than a human-operated vehicle based on Tesla’s marketing campaign.
"My family is devastated due to the untimely and tragic death of a loving husband and father," a statement from Banner’s wife, Kim, said. "It is difficult to discuss and relive what happened to Jeremy at this time. Our family has faith in the legal system that justice will be done and those responsible for his death will be held accountable."
Defective (Self) Driver
Tesla has not responded to the lawsuit yet, but released the following statement following the crash in May: "Our data shows that, when used properly by an attentive driver who is prepared to take control at all times, drivers supported by Autopilot are safer than those operating without assistance."
Auto manufacturers have a legal duty to ensure their cars and trucks are safe, and there are three main types of product liability claims that injured drivers and passengers can make:

Design Defects: The design of the autopilot feature is flawed in a way that renders it unreasonably dangerous
Manufacturing Defects: The vehicle is manufactured in a way that departs from the intended design, causing it to malfunction
Warning Defects: The manufacturer failed to provide adequate instructions or warnings regarding the dangers present when using the autopilot feature

If you have questions about autopilot reliability — or legal liability — talk to an experienced car accident attorney for help.

The post Tesla Sued (Again) for Autopilot Fatality  appeared first on Rutberg Breslow Personal Injury Law.

Tesla Sued (Again) for Autopilot Fatality 

California Cities, Counties Settle Lead Paint Legal Claims for $305M

Lead paint was officially banned in 1978, but continues to live on in millions of homes. It remains the single biggest contributor to lead poisoning in children, causing developmental delays, learning difficulties, deafness, and even seizures.
Low-income neighborhoods are particularly rife with lead paint, almost 40 years later. "Lead paint is prevalent in Oakland homes and disproportionately impacts African-American, Hispanic, Asian and other communities of color and low-income communities," according to Oakland City Attorney Barbara Parker.
Finally, after decades of litigation, the State of California has settled claims against paint-makers Sherwin-Williams, ConAgra Grocery Products Company, and NL Industries for $305 million.
Leading the Way
"Today’s settlement holds former manufacturers of lead paint responsible for the harm they have caused to generations of California?s children," said Santa Clara County Counsel James Williams. "We have fought to hold these companies accountable for nearly 20 years, and will finally have needed funds to devote to protecting our children from lead poisoning." Santa Clara, along with other counties and cities including San Francisco, Oakland, and San Diego, claimed that paint manufacturers marketed and sold lead-based paint for years despite knowing for years that it was dangerous to children.
The settlement, which will be paid in six annual $75 million installments, will allow local governments to mitigate lead poisoning dangers still present in older residences. Much of the money will go to a home clean-up program, free for property owners, to hopefully prevent thousands of new lead exposure cases. But how exactly how many residences may qualify for remediation remains to be seen.
Indoor Paint a Public Nuisance
Over 10,000 California children tested positive for lead poisoning in 2014, according to the Mercury News, with paint believed to be the main culprit. The three defendants in this case were found liable for knowingly marketing toxic lead-based paint in a 2013 trial, but the ruling was limited on appeal to apply only to homes built before 1951.
"This litigation, which started nearly 20 years ago, challenged the companies’ legal advertising of lead-based paints over a century ago when lead-based paints were the ‘gold standard’ and specified for use by the federal government, as well as state and local governments across the country," Sherwin-Williams contended in a statement released after the settlement. "While Sherwin-Williams continues to believe that this litigation was unfair, unwarranted and unwise, the resolution announced today will enable all parties to move forward and is in the best interests of the company and its shareholders."
While the manufacturers admitted no fault as part of the settlement, it remains one of the few successful pieces of litigation against lead paint makers based on public nuisance liability. To learn more about toxic paint liability or to file a lead paint-based legal claim, talk to an experienced personal injury attorney.

The post California Cities, Counties Settle Lead Paint Legal Claims for $305M  appeared first on Rutberg Breslow Personal Injury Law.

California Cities, Counties Settle Lead Paint Legal Claims for $305M 

Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up

The 2012 death of Apollo 11 astronaut Neil Armstrong shocked the nation. Although he was 82 years old, early news reports indicated he was recovering well after heart surgery. His death a few weeks later from complications caused an outpouring of support and tributes to the first man on the moon.
This month?s 50th anniversary of the moon landing has led to renewed tributes. It also brought news that the Armstrong family secretly negotiated a $6 million wrongful death settlement with the Cincinnati hospital caring for Armstrong at the time of his death.
Armstrong died after temporary wires for a pacemaker were removed, causing him to bleed internally. The family alleges that Armstrong underwent heart bypass surgery prematurely (thus the need for the temporary pacemaker), and that he received incompetent care after he began to bleed internally.
Know How to Speak Up
Armstrong?s family likely leveraged the hospital?s fear of being known as the facility responsible for the death of an American icon for a large settlement. And in his case, doctors may have indeed needed to act quickly to attempt to save his life.
Still, the episode provides valuable learning opportunities for others.
In many medical malpractice cases, or just stories about people receiving poor medical care, patients say that the doctor and nurses would not listen to them. Research shows that people are often scared speak up to doctors and nurses, essentially because they do not want to offend the experts.
It is important to remember, though, that you are your own best advocate. As a patient, you have the right to:

Seek a second opinion
Ask questions about potential complications of treatment
Discuss multiple options for treatment
Withhold your consent to undergo a procedure or treatment

Look Out for Older Relatives
It?s hard to envision Neil Armstrong being unable to speak up for himself. But many elderly patients experience this. Think of elderly relatives in your own life who ?don?t want to be a bother.? One thing patients also have the right to do is designate a loved one to speak on their behalf.
If you have aging parents, grandparents, or other loved ones, now may be the time to start to have that conversation with them about their wishes for different types of treatment they may want to receive. A confident advocate who can speak up for a patient may be able to provide a doctor with crucial information that can help prevent mistakes or malpractice. It is one seemingly small step that could make a giant difference in someone?s life.

The post Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up  appeared first on Rutberg Breslow Personal Injury Law.

Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up 

Cities Attempt to Strike a Balance on Electric Scooters

The recent death of a popular British YouTube personality in an electric scooter accident has prompted renewed calls for tighter regulation of the personal transport devices.
Actress Emily Hartridge, 35-year-old host of the YouTube comedy video series, ?Ten Reasons Why,? was killed July 12 when the scooter she was riding collided with a bus in a London roundabout. Well before that tragedy, e-scooters had been drawing increasing ire as an unregulated public nuisance, but Hartridge?s death drew attention to a more serious impact: the threat they are posing to life and limb.
The evidence of injuries and deaths has been mounting. In April, a study by the Austin Public Health Department found that e-scooters were responsible for 190 injuries ? 48 percent of them head injuries ? in that Texas city during a three-month period last year.
Studies in other cities have produced similar findings. In January, the Journal of the American Medical Association reported on one that was conducted at two Los Angeles hospital emergency rooms over a one-year span. The study identified 249 scooter-related injuries, 228 of them to riders. Forty percent were head injuries and nearly a third were fractures. Only 4.4% of the patients were wearing helmets while riding.
A Promising Transportation Option
Despite all the negatives, however, even critics admit that e-scooters offer a cheap, clean transportation option that can help reduce traffic congestion. Seeking to strike a balance between public safety and enhanced transportation, many cities and states are passing laws and ordinances that are attempting to provide some order to the disorder:

In March, the Boston City Council passed an ordinance creating a licensing system for e-scooter companies. It sets a cap on the number of licenses, the number of scooters, and requires the additions of brake lights and turn signals on the scooters. It also requires vendors to develop a safety plan to communicate to riders.
An ordinance passed by the Atlanta City Council in January prohibits use of e-scooters on sidewalks, as well as cell-phone use by riders.
On July 16, San Francisco?s Municipal Transportation Agency ended a pilot program and allowed e-scooter companies to apply for annual permits. San Francisco?s regulations limit the areas where e-scooters can be used and provide preferential treatment for e-scooter companies that provide helmets.
On June 15, Chicago became one of the last major American cities to allow e-scooters when it launched a four-month pilot program that prohibits their use in the downtown Loop.
Seattle still bans e-scooters, but the mayor and city council now support a pilot program scheduled to begin later this year.
In April, the Sacramento City Council passed an e-scooter ordinance that aspires to limit e-scooter ?littering? by requiring that they be parked next to bike racks.

Meanwhile, the SAE Industry Technologies Consortia, an organization that includes governmental and private-sector partners, has launched an effort to assist local governments in developing best standards for developing e-scooter regulations. The group encourages the use of technological tools to enhance safety, including the use of ?geofencing,? which automatically reduces scooter speeds in certain geographic areas.
Cities and Users Have a Responsibility
Our cities are too often congested by too many automobiles, so e-scooters provide a great new option for people to get from Point A to Point B quickly, cheaply, and cleanly. But their introduction into the transportation mix also introduces risks to users and pedestrians alike.
In April, the National Association of City Transportation Officials reported that Americans took 84 million trips on shared scooters and bikes last year?more than twice as many as the previous year. The organization?s executive director, Corinne Kisner, said that, as a result, cities are in a position to determine a future that is best for users and pedestrians alike.
?Cities are proactively thinking about how to harness the incredible potential of these shared services in the public right-of-way,? she said. ?As stewards of the public realm, it is vital that cities retain authority over their streets.?
You might be an e-scooter user who loves the convenience. And you might be the kind of pedestrian who finds their presence annoying. Whichever the case, it?s important to recognize that you?ll need to give some ground as cities develop plans to keep the peace and keep people safe.

The post Cities Attempt to Strike a Balance on Electric Scooters  appeared first on Rutberg Breslow Personal Injury Law.

Cities Attempt to Strike a Balance on Electric Scooters 

Another Study, Another Piece of Bad News for E-Cig Users

Experiment by experiment, study by study, the shine of vaping as a safer alternative to traditional cigarettes seems to be wearing off.
The latest, courtesy of the University of California, Riverside, finds that e-cigarette usage can cause critical brain cell damage and death. The study points to the effects of e-cig usage as especially perilous to pregnant women and teens.
Study: Vaping Produces ?Stress Response? in Cells
According to the study, published in June in the journal iScience, nicotine consumption through e-cigarettes leads to ?stress-induced mitochondrial hyperfusion.? Also known as SIMH, this condition is a ?protective? that neural stem cells will undergo after exposure to nicotine from e-cigs, according to UC-Riverside professor Prue Talbot, the lead researcher.
Atena Zahedi, another researcher on the project, said stem cells are much more vulnerable because they are young and not yet fully formed into the specialized cells that they will become to carry out crucial functions. The flood of nicotine causes the stem cells to let other chemicals and substances in, which can irreparably alter their chemistry or cause cell death.
That damage can quicken the aging process or even cause neurodegenerative diseases, she said. ?Even short-term exposure can stress cells in a manner that may lead, with chronic use, to cell death or disease,? Zahedi said. 
Are We Reaching a Tipping Point?
The team performed their research using Vuse brand e-cigarettes. Together with industry leader JUUL, the brands have faced heavy criticism, and even litigation, for dangerous products that can even explode. They have also come under fire lately for allegedly targeting their products to teenagers.
The UC-Riverside study?s authors take special care to note that SIMH is especially dangerous for teens. One of e-cigarette makers? favorite themes in their marketing is that vaping keeps a user?s lungs safe from the damaging tar that is in cigarettes. But this study shows that nicotine itself is causing damage, beyond its addictive properties.
?Nicotine exposure during prenatal or adolescent development can affect the brain in multiple ways that may impair memory, learning, and cognition,? Talbot said. ?Furthermore, addiction and dependence on nicotine in youth are pressing concerns. It?s worth stressing that it is nicotine that is doing damage to neural stem cells and their mitochondria.?

The post Another Study, Another Piece of Bad News for E-Cig Users  appeared first on Rutberg Breslow Personal Injury Law.

Another Study, Another Piece of Bad News for E-Cig Users 

Recalled Pig Ear Treats Infecting Both Man and Beast

Admit it. You?ve thought about it. If you have a pet, you?ve wondered what their food tastes like. Oh sure, you wouldn?t dare do it, but some of those treats smell just like bacon!
Well, the latest recall will stop that wondering in its tracks. Across 33 states, the chain retailer Pet Supplies Plus is voluntarily recalling its bulk pig ear dog treats after reports of salmonella sickening 45 people.
Man?s Best Friend?
According to the Centers for Disease Control and Prevention, 12 people who contracted salmonella in this latest outbreak needed to be hospitalized. Thankfully, there are no deaths reported. The CDC believes the bulk pig ears are the cause, after 89 percent of interviewed infected people reported having contact with a dog.
In a joint investigation with the U.S. Food and Drug Administration, the agencies have not been able to find the source of the outbreak. They note that prepackaged pig ear treats are not a part of this recall.
They also note that while dogs can also contract salmonella, they can pass along the bacteria to humans without any visible signs of infection. They warn that something as innocent as a dog licking your face after eating a contaminated treat can cause an infection. Both the CDC and FDA instruct people who have purchased the treats to:

Dispose of any remaining treats immediately
Clean any containers holding the treats
Store any pet food and treats out of reach of small children
Wash hands with soap and water after handling the treats
Prevent dogs from licking your face, mouth or any wounds after they eat

What To Do if You Get Sick
Fortunately, most people who get salmonella only have to endure a few days of gastrointestinal distress. And while we may joke a little bit about this particular case, for some ? such as those with weakened immune systems ? a salmonella infection can have disastrous, even fatal consequences.
Many people stricken by salmonella or other food-borne illnesses have successfully taken legal action to recover compensation for medical bills and lost wages. In many cases, such as with pet food, the law regards liability for food-borne illness the same as any other defective product.

The post Recalled Pig Ear Treats Infecting Both Man and Beast  appeared first on Rutberg Breslow Personal Injury Law.

Recalled Pig Ear Treats Infecting Both Man and Beast 

Things to Consider When Hiring an RV Accident Attorney

You have an important decision to make. Technically, any lawyer licensed to practice law in Texas can represent you after an RV crash, but not every lawyer may be the right choice for you.

Here are some considerations to keep in mind.

• The lawyer’s experience. An experienced personal injury attorney can guide you through an RV accident case and make sure no costly mistakes are made. The lawyer who drafted your will or helped you buy your home may not have any experience with personal injury cases and not know enough about the practice of personal injury law to help you in the same way.
• His or her willingness to investigate the crash. You want an attorney who will put in the extra effort to get as much information as possible about your accident. All aspects of your crash should be fully investigated so useful evidence can be protected and used during settlement negotiations or in court.
• The attorney's view on personal injury settlements. An insurance settlement that compensates you for all of past and future injuries is desirable. You want your lawyer to try to negotiate a settlement so you get the recovery you deserve without the uncertainty or stress of a trial. However, you don’t want to settle for less than your case is worth just because the lawyer doesn’t want the work of going to trial. Accordingly, include the possibility of a going to trial to protect your rights as one of your talking points during a legal consultation.
• How the lawyer will be paid. Some personal injury lawyers work on a contingency fee basis. That means an attorney's fees are paid out of your settlement or court recovery. You won’t owe any hourly fees up front.
• Your gut feeling at an initial meeting. Your RV accident lawyer has an important job to do for you. Therefore, it's important to hire someone you trust and who communicates well. You should review a lawyer’s testimonials and reviews, but also listen to your intuition.

Call an RV Accident Lawyer Today

Learn more about how Steven M. Lee, P.C. can help you after an RV accident by calling us today to schedule a free initial case evaluation.

Related Links: What Should I Do After an RV Accident? The Risk of RV Accidents Hiring the Best Vehicle Accident Attorney for Your Case

 

Things to Consider When Hiring an RV Accident Attorney

What should I do after an RV accident?

After an accident with a recreational vehicle (RV), the actions that you take significantly impact your legal rights and potential recovery. After an accident with a motorhome or a towable RV, you can protect your physical and financial recoveries in the following ways.

Calling 911

911 will dispatch police to investigate the crash and keep you safe at the accident scene. Medical first responders will also arrive to assess your injuries and get you to the hospital, if necessary.

Getting medical help

After getting help at the accident scene, it's critical to get all necessary follow up medical care and to follow your doctors’ treatment plans

Gathering evidence

Beginning at the accident scene, you can take photos and write down witness contact information that may be useful to your case. After you leave the accident scene, you and your attorney can work together to identify and secure other evidence that may be useful to your case.

Limiting what you say to insurance companies

Insurance companies will try to twist your words and use them against you. The insurance company wants to limit the amount it pays to you by proving that you were responsible for the crash or that your injuries aren't as bad as you say.

Using social media cautiously

Your social media posts may be misconstrued and used to prove that you're not as hurt as you claim.

Calling a lawyer as soon as possible

Your attorney will advise you every step of the way, so you don’t have to wonder about whether you're doing the right thing to protect your recovery.

When someone else’s negligence causes your accident injuries, you have the right to recover damages for things such as medical expenses, lost income, physical pain, and emotional suffering. Taking the actions described above can help you establish liability and get the damages you deserve.

Schedule a Free Legal Consultation Today

Steven M. Lee, P.C. is ready to help you if you're hurt by a negligent RV driver. Fill out our online contact form today and schedule a free consultation with him to find out more.

Related Links: When to See a Doctor After a Truck Accident Three Reasons You Need an Attorney After a Truck Accident Injury Four Serious Errors to Avoid After Your Truck Collision

 

What should I do after an RV accident?

Summer Injury Roundup: Who Is Liable for Injuries Away From Home?

Summer days are sliding past all too quickly, helped along by the variety of fun warm-weather activities available for families to enjoy. Some of the best fun often has a hint of a dangerous thrill to it, from rope swings to tubing at the lake to roller coasters. But if you or your child is injured while enjoying a theme park, pool, or friend?s cabin, will someone else cover the medical costs?
Here is a roundup of some fun summer activities that can, unfortunately, have a dangerous side ? and who can be held responsible if someone gets hurt:
1. Swimming Pools
From slipping and falling on wet pool decks to drowning accidents, pools are notorious for serious injuries. Unsuspecting pool-goers can be injured from chemicals, bacteria, and even poorly installed waterslides, diving boards, or old pool toys. Whether the pool belongs to a neighbor, the city, or a hotel, the owner of the pool is responsible for keeping the area safe for everyone.
2. Cruise Ships
Nobody wants to deal with severe sickness or injuries while stuck out on the open sea on a cruise ship. Luckily, many commercial cruise ships are equipped with medical bays in case the worst should happen. From wet decks to food poisoning to sea-related viruses, there are good reasons to be cautious on cruises. If you get sick or injured while on board, the cruise line company may be responsible for your medical costs.
3. Outdoor Jobs
Many outdoor jobs are proactive about keeping their employees safe ? in and out of the sun. But in some cases, employees may develop skin cancer, dehydration, or heatstroke, or suffer injuries from improper clothing or an unsafe natural environment. If you suffer an injury on the job, you may qualify for a workers? compensation claim, or you may have a premises liability claim against the owner of the unsafe property.
4. Summer Camps
Hundreds of children together with limited or unaccredited adult supervision ? what could go wrong? From extreme sports like biking or climbing to lifeguards that are barely trained, many serious injuries can occur at camps. Camp counselors who are responsible for many children can easily miss medical conditions or sicknesses. Generally, the camp is liable for injuries or illness that occur on their property.
5. Water Parks and Theme Parks
These parks are an absolute blast for children and adults alike. However mixing crowds, alcohol, waterslides, rides, wet ground, and excited people can all spell disaster. Depending on the situation, you may be looking at a lawsuit with the specific park, the overall company, an employee, or another guest.
A safe summer is the best summer, but if an injury does happen, an attorney can help you determine the right person to hold liable and how a signed waiver might impact your claim.
 

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Summer Injury Roundup: Who Is Liable for Injuries Away From Home? 

The Risk of RV Accidents

More than 10.5 million households in the United States own recreational vehicles (RVs). Some RV owners live in Texas, many RV travelers come to Texas from other states, and all RV drivers in Texas pose a threat to other motorists, pedestrians, and cyclists.

There are several different types of RVs on our roads. You may see a:

• Class A Motorhome. These large vehicles provide many of the comforts of home on the road. They often look like busses from the outside and can weigh as much as 40,000 pounds.
• Class C Motorhome. Instead of the bus look, Class C motorhomes have the “home” portion of the RV attached to a truck cab and are similar to large rigs.
• Towable RV. Travel trailers are hitched to other types of vehicles, such as pick-up trucks. The large vehicles provide a lot of living space, but they also take up a lot of room on the road.

RVs are heavy vehicles and can cause dangerous accidents. Many RV drivers don't have experience with large vehicles and may not need commercial drivers’ licenses. While RVs are often the size and weight of semi-trucks or buses, some states, including Texas, exempt motorists who use RVs for personal use from needing commercial drivers’ licenses. Instead, RV enthusiasts can operate these large vehicles with their regular drivers’ licenses.

RV Accidents and Injuries

Driver inexperience or negligence can cause serious accidents, such as:

• Rollover crashes
• Rear-end accidents
• T-bone wrecks
• Sideswipe accidents
• Squeeze play accidents

The injuries sustained in these crashes are similar to those suffered in tractor-trailer accidents. Broken bones, organ damage, traumatic brain and spinal cord injuries, amputations, and death are all possible after an RV wreck.

Negligent RV drivers should pay for the injuries they cause. If you're hurt or your loved one is killed in an RV crash, then you may receive the following compensation through insurance company negotiations or in court:

• Medical costs
• Lost income
• Out of pocket expenses
• Pain and suffering

Call Steven M. Lee, P.C. today to schedule a free consultation and to learn more your possible compensation after a Texas RV wreck.

Related Links: Preventing Dangerous Rollover Accidents Truck Accident Brain Injuries Truck Accidents Involving Pedestrians

 

The Risk of RV Accidents

Should I pursue a personal injury claim if the State of Texas files criminal charges against the drunk trucker who hurt me?

Yes. If you were hurt in a commercial vehicle crash, you still need to pursue a personal injury claim if you want to recover financial compensation for your injuries.

While the facts of both the criminal drunk driving case and your civil truck accident injury case are the same, the legal standards for determining guilt in a criminal case and liability in a civil case are different.

Criminal Cases

Drunk driving is against the law, and a drunk driving conviction may result in jail time for the trucker if it's proven he was intoxicated at the time of the crash. The state brings criminal cases on behalf of the people of Texas. It's in the public’s interest to hold people who break the law accountable and to discourage drunk driving. The people of Texas, however, don't have an interest in your personal compensation.

Nevertheless, a criminal case can help your civil case if you work with the right personal injury attorney. Our experienced truck accident lawyers know how to get prosecutors to share important evidence with us that helps prove what caused your accident.

Civil Cases

The outcome of the state’s criminal drunk driving case doesn't predict the determination of your civil case. The state must prove the truck operator's guilt beyond a reasonable doubt. You must prove this negligence more likely than not caused your accident injuries. If you do this, then you can recover damages for past and future:

Healthcare costs

All medical costs from your ambulance ride to your final accident-related treatment should be part of your financial recovery. This includes, but isn't limited to, hospital stays, doctors’ visits, surgeries, medications, and physical therapy. If your insurance paid for any medical costs, then it might have to be reimbursed for those payments out of your settlement or court recovery.

Lost income

If you're unable to work because of your truck accident injuries, or if you're unable to make the same income that you did before the accident, then lost income may be part of your financial compensation.

Physical pain and emotional suffering

These non-economic damages may be hard to value, but they're a significant part of your recovery. An experienced truck accident lawyer knows what evidence to present to prove the value of your pain and suffering so it can be part of your compensation.

Other losses

Any other financial losses you can prove are related to your accident injury should be part of a settlement or court recovery.

Even if a criminal drunk driving case is pending against the trucker who caused your injuries, we encourage you to contact Steven M. Lee, P.C. today to schedule a free consultation about your rights.

Related Links: Typical Steps Involved in Texas Truck Accident Lawsuit Fatal Drunk Truck Driver Collisions Proving Legal Negligence in a Truck Accident Case

 

Should I pursue a personal injury claim if the State of Texas files criminal charges against the drunk trucker who hurt me?

The Trucking Company Takes Action Immediately After a Crash—And You Should Too

Immediately after your truck crash, getting the right medical care is your only priority. You don’t have the luxury of thinking about your legal rights yet. However, the trucking company isn’t in pain or experiencing a medical emergency.

The trucking company will likely begin protecting its legal rights right away.

Even as you're waiting for the police to arrive or you're en route to the hospital, you can expect the trucker to notify his or her employer about the collision. Shortly after that, the transportation company’s safety director and its attorney will find out about the crash so they can begin developing a legal strategy.

You're still getting medical attention. You haven’t had time to call your lawyer or think about the necessary steps to protect your legal rights. Now the trucking firm is way ahead of you.

Call a Truck Accident Lawyer ASAP

It's never too early to call a truck accident attorney. When you call the firm of Steven M. Lee, P.C., our lawyers will help you preserve important large truck crash evidence by:

Keeping the company from getting rid of the vehicle

The crash damage can provide important evidence about the cause of the collision. You want to document this, as well as obtain maintenance records, before the company sells or destroys the truck.

Protecting the information on the truck’s onboard recorder

Commercial vehicles electronically record things like speed and braking, but this information isn't kept forever. Some recorders automatically erase data every 30 days.

Preserving dashboard camera footage

If the dash cam camera was turned on at the time of your crash, then it could record the behavior of the rig, bus, or tanker operator right before the collision. It could provide information about whether he or she fell asleep at the wheel, had a drink, was on a cell phone, and other relevant distracted or inappropriate behaviors.

Finding accident witnesses

It's easier to find witnesses soon after a crash than as time passes. Securing their statements is crucial proof for causation and liability.

Let Proper Legal Counsel Go to Work for You

A trucking company must be put on notice, typically through a spoliation of evidence letter sent by your lawyer, that it may not destroy any evidence list above related to the crash.

If your claim has proof that the truck operator or the fleet employer caused the accident and your injuries, then you may recover compensation for things such as medical costs, lost income, physical pain, and other accident-related damages.

Call the offices of Steven M. Lee, P.C. today to begin protecting your rights.

Related Links: How Evidence Will Clarify Truck Accident Fault and Liability What to Do Rapid Response Teams Do After a Truck Accident? Important Steps to Take After a Truck Accident

 

The Trucking Company Takes Action Immediately After a Crash—And You Should Too

I'm retired. Is it worth it to pursue a car accident case?

Yes, if you're retired when hurt in a Houston-area car crash, then it may be worth pursuing a car accident case. Assuming that you don’t work at all, you haven't lost any income, so you won’t be able to seek lost income damages in a car accident lawsuit.

However, there are other important claim damages that will make a car accident settlement or court verdict financially beneficial.

Medical Expenses

Medicare will cover your healthcare costs after a car crash, but there are certain steps you must take to protect your Medicare eligibility.

After the accident, it's your responsibility to report the accident to the Medicare Coordination of Benefits Contractor. This is a company that acts on behalf of Medicare to "collect and manage information on other types of insurance or coverage that a Medicare beneficiary may have, and to then determine which entity pays first." You can find contact information for the contractor in your Medicare paperwork or on the Medicare site.

You'll be asked for information about your injury, your medical providers, and your lawyer, if you've hired one. While you're receiving medical treatment, the contractor may ask you for updates, and you must comply with these requests.

When your personal injury case is resolved, you or your attorney must notify the contractor. Medicare must be reimbursed out of your settlement for the medical expenses it covered before you receive your portion.

Other Car Accident Damages

Compensation for things other than medical expenses may also be possible after your car accident. These damages may include physical pain, emotional suffering, and out-of-pocket costs. Things such as your physical discomfort, anxiety, mental anguish, the impact of the injuries on your life, and any costs you can prove were incurred because of these injuries should be part of your settlement.

In some cases, it may also be possible to recover punitive damages. Punitive damages are designed to punish the outrageous behavior of the driver who caused the accident, but have the practical effect of adding money to your settlement.

Some of these damages can be difficult to prove, but an experienced car accident attorney knows what evidence to gather and how to make convincing arguments that persuade insurance companies and courts to compensate accident victims fairly.

The attorneys of Steven M. Lee, PC work on a contingency fee basis. We're only paid if your accident case is successful. Therefore, you have nothing to lose. Call us today to schedule a free consultation to get the information you need to decide whether to pursue a car accident claim.

Related Links: Is Pursuing a Car Accident Claim Worth the Hassle? Texas Damage Caps Understanding Liability to Secure the Best Compensation for Your Injuries

 

I'm retired. Is it worth it to pursue a car accident case?

Teen Driver + Teen Passenger = Increased Risk of Fatal Crash

Teen drivers lack the experience of older adult motorists. Their inexperience can cause serious car crashes, but inexperience isn’t always the reason for a teenager's accident. Distracted teen drivers can also cause a car wreck and according to a recent study, if they have teen passengers in the car with them, they're more likely to cause fatal accidents.

An October 2018 study from the AAA Foundation for Traffic Safety found that the fatality rate for teen drivers with only teen passengers in the car increased 51 percent for all people involved in the crash. More specifically, the fatality risks increased:

• 56 percent for occupants of other vehicles
• 45 percent for the teen driver
• 17 percent for pedestrians and cyclists

When teen drivers drove with passengers 35 or older, the fatality rate fell by about 8 percent.

This wasn't the first time the AAA Foundation for Traffic Safety determined that teen passengers raise the risk of being in a crash. In 2012, the Foundation found that young motorists aged 16 and 17 who have passengers under 21 are at greater risk of being in a crash. Additionally, the study also indicated that more passengers traveling together increase the likelihood of a collision.

Protect Your Teen Driver or Passenger

In Texas, teens are eligible for provisional drivers’ licenses at 16. At that age, if a young person meets the requirements and passes the driving test, he or she receives a provisional license, which they'll have until 18. A teenager with a provisional driver’s license may only have one passenger under 21—who isn't a family member—in the car at a time.

As a parent, it's important to make sure that your child complies with Texas Graduated Driver License Program and all your rules for safe driving. It's also critical that your young motorist knows to first call the police, then you, after any accident if he or she is the driver or passenger.

Then, contact Steven M Lee, P.C. for a free consultation to protect your teen’s rights and potential recovery.

Related Links: What Teenage Drivers Should Know After a Car Accident Ways to Keep Your Teen Driver Safe Common Factors in Teen Driving Accidents

 

Teen Driver + Teen Passenger = Increased Risk of Fatal Crash

Who is a drowsy driver?

Everyone has days when they're tired, but to what extent does fatigue compromise a person's ability to drive safely? Unlike drunk driving, there's not a law with a defined limit of sleep impairment in relation to operating a vehicle.

There's also not a conclusive test law enforcement can administer to determine how tired a driver is at the time of a crash. This makes it tricky to classify drowsy driving.

It's recommended that adults get seven–to–nine hours of sleep each night. A study published in the October 2018 edition of the journal Sleep found that fatigue could negatively impact the driving of adults with fewer than seven hours of sleep in a 24-hour period.

Specifically, the study found that drivers who reported:

• Fewer than four hours of sleep in a 24-hour period were 15.1 times more likely to cause car accidents than people who slept the recommended seven–to–nine hours. These odds are similar to a driver who has a blood alcohol concentration of 1.5 times the legal limit.
• Six hours of sleep in a 24-hour period were 1.3 times more likely to cause car accidents than individuals who slept seven–to–nine hours.
• Five hours of sleep in a 24-hour period were 1.9 times more likely to cause car accidents than people who slept seven–to–nine hours.
• Four hours of sleep in a 24-hour period were 2.9 times more likely to cause car accidents than motorists who slept seven–to–nine hours.
• Drivers who changed their sleep or work schedules in the past week were at greater risk of being in accidents.
• People who drove for three hours or longer without a break were at greater risk of being in accidents.

The study doesn't provide a legal definition of drowsy driving, but it does offer useful information about who may be a fatigued motorist.

Was Drowsy Driving a Cause of Your Crash?

At the scene of the crash, you may not know whether someone else’s drowsiness caused the accident, but an experienced car accident lawyer can do a thorough investigation to determine the factors contributing to the crash and how to use them to protect your recovery.

Start a live chat with us now, or call Steven M. Lee, P.C. at your convenience to find out more about your rights and to schedule a free case consultation.

Related Links: Drowsy Driving Risks and Prevention Tips Life-Saving Tips for Driving Safely at Night Is Pursuing a Car Accident Claim Worth the Hassle?

 

Who is a drowsy driver?