Vehicle Fire Injuries

Vehicle accidents can cause many devastating injuries, and this is particularly true when a damaged vehicle catches on fire.

Often, fires resulting from a crash are more harmful than the collision itself.

Car Fire Causes

If a vehicle occupant can survive a collision with minimal injuries, the car's fuel and electrical systems should remain intact. While collisions shouldn't result in fires, defects in design or manufacturing can lead to a devastating blaze. Fires erupting in the aftermath may be caused by:

• Leaking fuel tanks and lines. Gasoline leaks from defective fuel tanks are the most common cause of vehicle fires, and poorly-routed or defective fuel lines can also rupture during an accident. Even a small leak can quickly lead to a raging fire, and a single spark can ignite it.
• Electrical system failures. Modern vehicles have a lot of wiring that may be damaged in a collision. A severe impact can sever wires and cables, causing sparks that ignite fuel or combustible fumes.

Vehicle Fire Injuries

Vehicle collision fires may result in severe injuries, including:

• Burns. Vehicle accident burns occur when a victim touches hot metal, hot coolant, or steam escaping from a damaged radiator. The most critical burns cause scarring, amputations, and even death.
• Toxic exposure. Automotive fires often happen in the release of extremely toxic fumes as the vehicle burns, leading to respiratory problems and lung damage.

Vehicle Fire Compensation

If you were injured in a vehicle fire, you might face expensive medical care and a lack of income due to missed time from work. When a defect in design or manufacturing causes fires, crash victims are entitled to pursue compensation from the vehicle manufacturer. If another motorist caused the collision leading to the fire, the at-fault driver may also be liable for your medical bills, loss of income, and pain and suffering.

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.

Related Links: Protect Your Recovery After a Bus Fire Injury Burn Risks and Complications Street Racing and Negligence Per Se

 

Vehicle Fire Injuries

Can I Sue If My Neighbor Has Bees, Livestock?

Urban farming has given way to urban livestock ownership, and now every hippie and hipster in your neighborhood has chickens, bees, and maybe a goat or two. Which is all well and good for the decrease in their food bill every month, but what about the increase in noise and odor coming from their backyards?
The good news is that you may be able to file a nuisance lawsuit to address the problem. The bad news is that such claims are not always easy.
A Neighbor’s Nuisance
As a general matter, you have a right to the enjoyment and use of your property. If another party interferes with that right, you may be able to sue. If that interference involves a physical intrusion onto your property, you would sue under trespass. If, however, the interference includes sound, light, or even odors, you may have a claim under private nuisance law. There are three main elements to a successful nuisance lawsuit:

You own the land or have the right to possess it;
The neighbor actually acted in a way that interferes with your enjoyment and use of your property; and
Their interference was substantial and unreasonable.
The third element is often the hardest to prove, as it is intended to prevent people from suing for minor annoyances. Courts will ask whether the interference would be substantial to an ordinary person and weigh the harm caused by the conduct against the burden of preventing the harm and the usefulness of the act. This can be particularly tricky when neighbors are cultivating their property or housing livestock.
Other Options
If the farm next door is truly annoying, you may also check local laws and municipal zoning ordinances to ensure whether such activity is even allowed, and whether your neighbor is in compliance with those statutes. These laws can apply to both farming and livestock. And any homeowners associations may prohibit growing crops, keeping livestock, or selling the spoils of either.
You may be better off trying to solve the dispute privately with your neighbor before taking the matter to court. If not, you can find a local attorney in our directory below.

The post Can I Sue If My Neighbor Has Bees, Livestock?  appeared first on Rutberg Breslow Personal Injury Law.

Can I Sue If My Neighbor Has Bees, Livestock? 

Will Trump Sue Over Latest Tell-All Book?

Another former staffer has dirt to spill on President Donald Trump. And the president again promises legal action, claiming the staffer violated a confidentiality agreement. While Trump is notorious for threatening lawsuits that never materialize, and his administration’s non-disclosure agreements have been deemed potentially unenforceable and illegal, could this be the time that Trump actually sues, and the alleged NDA is enforced?
Here’s a look.
Vipers’ Nest
“Team of Vipers: My 500 Extraordinary Days in the Trump White House” was written by former Trump administration communications aide Cliff Sims, and released this week. Trump responded, as his is wont to do, on Twitter:

A low level staffer that I hardly knew named Cliff Sims wrote yet another boring book based on made up stories and fiction. He pretended to be an insider when in fact he was nothing more than a gofer. He signed a non-disclosure agreement. He is a mess!
— Donald J. Trump (@realDonaldTrump) January 29, 2019

Despite the dissonance between claiming that a book is both “based on made up stories and fiction” and violates an non-disclosure agreement, Michael Glassner, chief operating officer of Trump’s re-election campaign, confirmed the campaign was “preparing to file suit against Cliff Sims for violating” an NDA. (Sims, or his part, does not recall whether he signed an NDA, and responded to Trump’s tweet in real-time while promoting the book, “Nice. There it is.”
Free Speech Test
So what of Sims’s potential legal liability? National security attorney Brad Moss believes that, while the non-disclosure agreement could apply to information Sims gleaned before Trump’s inauguration, it would likely be unenforceable when it comes to his time working in the White House. “If the campaign is trying to impose their NDA upon Sims for disclosures tied to his time in the White House, they’re going to run into the brick wall of established precedent on the subject,” Moss told Law & Crime. “They would in effect be arguing that the court should allow a president’s campaign to censor a former federal employee in a way that the government is barred from doing. Good luck with that argument.”
As a general rule, government employees (and former employees) who speak out about matters of public concern, government corruption, or gross misconduct are protected from retaliation by the First Amendment, so long as the speech was not pursuant to their job duties and did not cause disruption in the workplace.
So, if Trump in fact follows through on his threat to sue Sims, he could be facing an uphill legal battle.

The post Will Trump Sue Over Latest Tell-All Book?  appeared first on Rutberg Breslow Personal Injury Law.

Will Trump Sue Over Latest Tell-All Book? 

Sacramento Family Sues Police for Stephon Clark Killing

Shot 20 times by police officers right in front of his grandparents, the family of Stephon Clark has filed a $20 million federal lawsuit against the city of Sacramento for wrongful death, excessive force, and false arrest. They are seeking punitive damages. Clark, an unarmed black father of two, was shot to death in his grandparents’ backyard in March of 2018, all while the grandparents “watched in horror.”
Officer Involved Fatal Shooting of Stephon Clark
Police officers Terrence Mercadel and Jared Robinet responded to a call of a man vandalizing vehicles in the neighborhood. Police helicopters were used to locate the suspect. As as result, Mercadel and Robinet started chasing Clark, and eventually gunned him down, with 20 shots hitting Clark, up to six in his back.Officers claimed they thought Clark was armed, but it turned out the only thing on him was a cell phone. Sacramento District Attorney Anne Marie Schubert is still deciding whether or not to press criminal charges against the two officers, thus leaving the plaintiffs with civil action as the only currently possible venue of vindication for Clark and his family.
Wrongful Death Suit
Proving wrongful death may not be too difficult for the plaintiffs. By a preponderance of the evidence, they must prove:

The death of a human being;
Caused by another’s negligence, or with intent to cause harm;
The survival of family members who are suffering monetary injury as a result of the death, and;
The appointment of a personal representative for the decedent’s estate.
Clark is dead. It appears the officers were trying to cause harm when they dislodged their weapons 20 times. As a young father of two, he had many years of earning potential ahead of him, which his sons were relying upon. However, wrongful deaths at the hands of police officers rarely result in $20 million verdicts. A 2015 study by the Washington Post found settlements ranged from $7,500 to $8.5 million, which a median amount of $1.2 million. Also, settlements were more lucrative than jury awards.
Laws Created as a Result Of Clark’s Death
One issue plaintiffs will face in dealing with this lawsuit is evidence. The officers muted their body cameras right after shooting Clark, sparking outrage among the community, and raising issues about when it is appropriate for police officers to do so. As a result, then-Governor Brown signed two bills loosening confidentiality rules regarding records of police misconduct, based in part on the shooting of Stephon Clark. Senate Bill 1421 makes investigations and reports related to an officer’s deadly use of force subject to California’s Public Records Act Assembly Bill 748 makes it easier to obtain body cam footage taken by police officers when they use deadly force.
If you believe that a police officer used excessive force in apprehending you or someone you love, contact a local personal injury attorney.

The post Sacramento Family Sues Police for Stephon Clark Killing  appeared first on Rutberg Breslow Personal Injury Law.

Sacramento Family Sues Police for Stephon Clark Killing 

What are plate freezer accidents?

Commercial fishermen are often at sea for weeks or months at a time, making preservation of their catches a real challenge. Freezers aboard fishing vessels are essential for keeping seafood fresh, but plate freezer accidents can cause serious maritime worker injuries.

Plate Freezers

Plate freezers are used to quickly freeze and store flat seafood products, such as fish fillets. They’re called plate freezers since they consist of several plates, stacked either horizontally or vertically.

These plates have channels running through them, carrying refrigerant that keeps temperatures as low as 30 degrees below zero. Fish are placed between the plates, which press together to freeze the seafood quickly.

Plate Freezer Risks

There are several risks stemming from plate freezer use, including:

• Refrigerant leaks. If refrigerant gas leaks from these freezers, it causes serious injuries. These ammonia leaks may damage the lungs and airways, create chemical burns on exposed skin, and trigger temporary or permanent blindness.
• Repetitive motion injuries. Loading and unloading plate freezers require workers to perform many lifting, turning, and twisting movements. These repetitive motions can damage muscles and ligaments, particularly when crew members are rushed or exhausted.
• Struck-by injuries. If a vessel is caught in rough waters during seafood processing, a metal pan filled with frozen fish can suddenly eject from the freezer unit. These pans, which often weigh up to 30 pounds, may strike any crew members in their path. Resulting injuries include bruises, lacerations, head injuries, and bone fractures.

Receiving Compensation

If you were injured in a plate freezer accident, the Jones Act entitles you to receive maintenance and cure benefits to cover any medical expenses and rehabilitative services related to your incident.

You need a skilled maritime injury attorney to help you receive the benefits 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: Commercial Fishing Risks Qualifying as a Seaman for Jones Act Benefits A Look at Maritime Safety and Injury Statistics

 

What are plate freezer accidents?

Professor Sues State, University for Not Covering Transgender Surgery

Dr. Russell Toomey is an Associate Professor of Family Studies and Human Development at the University of Arizona, researching issues of prejudice, stereotyping, and discrimination against lesbian, gay, bisexual, transgender, and queer (LGBTQ) adolescents and Latinx youth. Dr. Toomey is also a transgender man, who transitioned to live consistently with his male identity in 2003 and sought a hysterectomy in 2018.
His healthcare plan, provided by the state to state university employees, refused to cover the surgery, and, in fact, denies all coverage or “[g]ender reassignment surgery.” Dr. Toomey has since filed a class action lawsuit against the state, and the University of Arizona, claiming the healthcare plan discriminates against transgender employees “because of … sex” in violation of Title VII of the Civil Rights Act deprives transgender employees of equal treatment under the Equal Protection Clause of the Fourteenth Amendment. Here’s a look.
Medically Necessary, but Not Necessarily Covered
Dr. Toomey’s treating physicians recommended that he receive a hysterectomy as a medically necessary treatment for gender dysphoria, as provided by the World Professional Association for Transgender Health’s standards of care. Arizona’s healthcare plan provides coverage for the same surgery when prescribed as medically necessary treatment for other medical conditions. And, all four of the plan’s medical providers adopted internal policies and guidelines that authorize hysterectomies as medically necessary for gender dysphoria. Still, the plan does not cover hysterectomies when performed as part of transition-related care.
According to Dr. Toomey’s lawsuit:

The Plan generally provides coverage for medically necessary care, but singles out transgender employees for unequal treatment by categorically denying all coverage for “[g]ender reassignment surgery” regardless of whether the surgery qualifies as medically necessary treatment. As a result, transgender individuals enrolled in the Plan have no opportunity to demonstrate that their transition-related care is medically necessary, and they have no opportunity to appeal any adverse determination to an independent reviewer.
“Arizona provides the same discriminatory health plan to nearly all state employees and their dependents,” Dr. Toomey wrote on the ACLU’s “Speak Feely” blog. “That means hundreds, if not thousands, of transgender state employees or transgender dependents of state employees cannot receive medically necessary care.”
State of Coverage
Coverage for transgender surgery can vary from insurance plan to insurance plan, and from state to state. Federal judges have ruled that Wisconsin can’t block insurance companies from covering transgender healthcare costs, and that Massachusetts was required to provide gender reassignment surgery for prison inmates.
Dr. Toomey’s lawsuit, which could include hundreds or thousands of state employees, is asking the state to remove the exclusion for gender reassignment surgery, and adopt a standard policy for assessing medical necessity of surgeries associated with transgender healthcare.

The post Professor Sues State, University for Not Covering Transgender Surgery  appeared first on Rutberg Breslow Personal Injury Law.

Professor Sues State, University for Not Covering Transgender Surgery 

Disability Rights Activists Sue Bird, Lime Scooters

Electric scooter rental companies have been hit with numerous suits over the last few years, but few will be as hard for the companies to handle as the new crop of disability suits. Recently, a class action was filed against the City of San Diego, Lime, Bird, and Razor for violating the rights of disabled people through the public’s use of their e-scooters. Can the courts come up with a better solutions than the defendants have? Or have the lines in the sand finally been drawn?

Plaintiffs Claim Scooter Companies Violate Their ADA Rights
The plaintiff in this lawsuit is the non-profit group Disabilities Rights California (DCA), on behalf of Alex Montoya, Rex Shirley, Philip Pressel, Aaron Gresson and other people with disabilities. DCA claims its members’ rights, as protected by the American with Disability Act (ADA), have been violated be defendants neglecting to keep the city’s sidewalks clear of dockless rental scooters. Those that are visually impaired, or use wheelchairs and walkers, are at a greater risk of harm and injury by these scooters than others, due to their disabilities, and they are asking for the courts to come up with a solution that will work for everyone, in light of their ADA protected rights.
Sidewalks Are Becoming a Safety Risk for the Disabled
According to local laws and scooter rental agreements, scooters are not be driven or parked on the sidewalks. However, scooter executives and city officials are both aware that these rules are broken daily by many scooter riders. In the lawsuit, DCA describes the challenges two of its members face on a regular basis due to the scooters. Montoya, born without arms and one leg, and Gresson, who is blind, state that because of their disability, they cannot prepare for being struck by oncoming scooters. “The dockless scooter riders often ride the Scooters on the sidewalk, turning the sidewalk into a vehicle highway rather than a space for safe pedestrian access and use,” the lawsuit said.
Not only are disabled individuals feeling assaulted, but they are also feeling trapped. In another example listed in the lawsuit, dockless scooters blocked the entrance to Shirley’s home, and he was therefore unable to leave his home. “People with disabilities who wish to travel in the City using the City’s walkways are being forced to either put their physical safety at risk or just stay home. This is not a choice that they should have to make,” the lawsuit said.
Will Cities and Scooter Companies Finally Turn on Each Other?
As the saying goes, “politics makes strange bedfellows”, but so do lawsuits. Both the scooter companies and the city are named as defendants. Historically, scooter companies rarely gave cities’ any notice before scattering their scooters throughout town, much to the dismay of many residents and city officials. Such lack of notice did not get the relationship between cities and scooter companies started on the right foot. But they have tried to work it out, for the promise of solving the “last mile dilemma” for public transportation takers.Many cities kicked the scooter companies out. Now the ones that have retained the scooters are being hit by ADA lawsuits, which plaintiffs often win. Will cities continue to stick by scooter companies, even at the risk of lawsuits by their local citizens and public rights groups? Or will the cities finally turn on the scooter companies once and for all? This lawsuit will be a great test to their relationship.
If you or someone you love is hit by a motorized scooter driver, contact your local personal injury attorney. A lawyer can help you sort out the local laws, apply the facts in your case, and help get your expenses covered.

The post Disability Rights Activists Sue Bird, Lime Scooters  appeared first on Rutberg Breslow Personal Injury Law.

Disability Rights Activists Sue Bird, Lime Scooters 

Fertility Clinic Sued for Cryo Tank Malfunctions

Over 70 lawsuits have now been filed against University Hospitals Fertility Center in Beachwood, Ohio, as well as CAS DataLoggers. These two parties are at the center of a series of unfortunate events that led to the destruction of approximately 4,000 eggs and embryos after the cryo-facility inadvertently warmed-up to unsafe temperatures for an unknown period of time back on March 4, 2018.The statute of limitations for medical malpractice claims is one year. Thus, expect to see more fillings as we head closer to the one year anniversary of this disastrous event that led to heartbreak for many families seeking fertility treatment.

Fertility Freezer Meltdown
According to University Hospitals officials, the temperature in the storage tanks warmed up to unsafe levels for an unknown period of time. Though it is unclear why the tanks warmed, the alarm system on the tanks should have alerted employees about the temperature swing. But for some reason, the system had been turned off.According to the letter immediately informing the nearly 1,000 clients affected by this tragedy, “We don’t know who turned off the remote alarm nor do we know how long it was off,” the letter stated. “We are still seeking those answers.” Since that time, University Hospitals has apologized and offered free fertility services to those affected.
Malpractice Lawsuits Allege Negligence, but Could Rise to Wrongful Death
Those individuals and families that have suffered from this meltdown have filed lawsuits and claims against the University Hospitals and CAS DataLoggers, the company responsible for monitoring the remote alarm. For many, apologies and free services aren’t enough. “The loss suffered by our clients is devastating,” said Adam Wolf, attorney with the law firm Peiffer Wolf Carr and Kane, representing about 100 of the nearly 1,000 families affected. “Those eggs and embryos represented the hopes of having children for hundreds of American families.”
Some families have already settled breach of contract and negligence lawsuits with the defendants. According to a statement issued by University Hospitals, “UH has worked with Fertility Center patients and their lawyers over the past year to negotiate a significant number of settlements and will continue offering resolution alternatives to our patients who want to avoid the time, expense, and anxiety of litigation.” However, one family is looking to file a more unique lawsuit against University Hospitals. Rick and Wendy Penniman are seeking a legal declaration that their lost embryos should be considered living people, not property. If granted, the Pennimans could file a different lawsuit, potentially wrongful death.
If you or someone you love has lost eggs or embryos due to equipment malfunction or human error, contact a local personal injury attorney. This sort of loss can be very devastating, especially for those that may have a compounded situation. A lawyer can listen to the facts of your case, and offer you good advice on your opportunity to recover for your losses.

The post Fertility Clinic Sued for Cryo Tank Malfunctions  appeared first on Rutberg Breslow Personal Injury Law.

Fertility Clinic Sued for Cryo Tank Malfunctions 

Maritime Safety Equipment Failures

Maritime employees have the right to work on safe vessels, and employers are required to provide them with properly-maintained safety equipment. Most maritime work injuries are preventable, but only when employers take workplace safety seriously.

Maritime Safety Equipment Failures

There are many different types of safety equipment available to maritime workers aboard vessels, including:

• Safety harnesses. Routine vessel maintenance includes painting elevated surfaces, requiring crew members to make contact with areas of ships that aren’t easy to reach. Safety harnesses secure these workers, but common components of these harnesses are prone to failure if defective or improperly maintained. Defective or broken carabiners, V-rings, or snap hooks can cause crew member falls, resulting in broken bones, spinal cord damage, and severe head injuries.
• Guardrails. Guardrails are intended to keep maritime workers safe during rough seafaring conditions. Whether they're temporary or permanent, all guardrail systems must meet Occupational Safety and Health Administration regulations. If they're defective, improperly installed, or poorly maintained, workers may fall overboard.
• Personal protective equipment (PPE). Crew members wear this equipment to minimize exposure to hazardous chemicals, machinery, and weather conditions. PPE may include safety glasses, earplugs, gloves, hard hats, and full body suits. Employers have a responsibility to provide professionally-designed and -manufactured safety clothing that fits comfortably, is inspected regularly, and properly maintained. Employers are also responsible for ensuring workers understand how to use this equipment correctly. Defective, ill-fitting, or damaged PPE may result in eye damage, respiratory problems, and cuts or lacerations.

You Need an Attorney

If you were injured due to a safety equipment failure, you need representation by a knowledgeable maritime injury attorney. You may be entitled to compensation for medical expenses, lost income, and pain and suffering. To learn more, contact the law offices of Steve M. Lee, P.C., by using the convenient form on this page.

Related Links: Accidents Caused by Failure to Train Maritime Employees Serious Injuries From Maritime Slip, Trip, and Fall Accidents Were You Hurt Because Your Ship Wasn’t Seaworthy?

 

Maritime Safety Equipment Failures

Maritime Drinking and Drug Use Accidents

Maritime accidents occur due to many different factors, but those caused by drug and alcohol use are some of the most devastating. According to a 2016 United States Coast Guard report, alcohol use is the primary reason for fatal boat accidents. When maritime workers are under the influence of alcohol or drugs, they can cause accidents that lead to horrific consequences.

Maritime Alcohol and Drug Risks

Maritime workers must remain attentive and alert at all times, and that’s unlikely to happen for those under the influence of substances. While these employees certainly bear some responsibility for their actions on the job, their employers may also be held liable for the damage they cause. A responsible maritime employer will:

• Have strict policies prohibiting the use of alcohol and drugs.
• Enforce their ban on substance use through routine drug and alcohol testing.
• Remove employees from positions when their substance use jeopardizes the safety of others.

Maritime Alcohol and Drug Accidents

When maritime employees work under the influence of alcohol or drugs, they may cause serious accidents including:

• Crane incidents. Cranes are inherently dangerous since they often handle loads weighing hundreds or even thousands of pounds. Operating a crane while under the influence of drugs or alcohol may cause a worker to drop the load on other employees, or strike them when the load swings out of control. Injuries caused by these accidents may include neck and back problems, broken bones, lacerations, and crushed or severed limbs.
• Collisions. A maritime worker operating a vessel under the influence of alcohol or illicit substances may cause a devastating collision with another ship, a bridge, or a pier. Accidents like these often result in co-workers suffering broken and fractured bones, hypothermia and shock, and even drowning.

Receiving Compensation

If you were injured in a maritime accident due to the irresponsible actions of an intoxicated coworker, you might be eligible for compensation from your employer. This may include benefits covering your past, current, and future lost wages; medical bills; and pain and suffering.

An experienced maritime injury attorney can 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: Factors Impacting Blood Alcohol Content Intoxication on the Water Common Maritime Accidents Covered by the Jones Act

 

Maritime Drinking and Drug Use Accidents

Disability Rights Activities Sue Bird, Lime Scooters

Electric scooter rental companies have been hit with numerous suits over the last few years, but few will be as hard for the companies to handle as the new crop of disability suits. Recently, a class action was filed against the City of San Diego, Lime, Bird, and Razor for violating the rights of disabled people through the public’s use of their e-scooters. Can the courts come up with a better solutions than the defendants have? Or have the lines in the sand finally been drawn?

Plaintiffs Claim Scooter Companies Violate Their ADA Rights
The plaintiff in this lawsuit is the non-profit group Disabilities Rights California (DCA), on behalf of Alex Montoya, Rex Shirley, Philip Pressel, Aaron Gresson and other people with disabilities. DCA claims its members’ rights, as protected by the American with Disability Act (ADA), have been violated be defendants neglecting to keep the city’s sidewalks clear of dockless rental scooters. Those that are visually impaired, or use wheelchairs and walkers, are at a greater risk of harm and injury by these scooters than others, due to their disabilities, and they are asking for the courts to come up with a solution that will work for everyone, in light of their ADA protected rights.
Sidewalks Are Becoming a Safety Risk for the Disabled
According to local laws and scooter rental agreements, scooters are not be driven or parked on the sidewalks. However, scooter executives and city officials are both aware that these rules are broken daily by many scooter riders. In the lawsuit, DCA describes the challenges two of its members face on a regular basis due to the scooters. Montoya, born without arms and one leg, and Gresson, who is blind, state that because of their disability, they cannot prepare for being struck by oncoming scooters. “The dockless scooter riders often ride the Scooters on the sidewalk, turning the sidewalk into a vehicle highway rather than a space for safe pedestrian access and use,” the lawsuit said.
Not only are disabled individuals feeling assaulted, but they are also feeling trapped. In another example listed in the lawsuit, dockless scooters blocked the entrance to Shirley’s home, and he was therefore unable to leave his home. “People with disabilities who wish to travel in the City using the City’s walkways are being forced to either put their physical safety at risk or just stay home. This is not a choice that they should have to make,” the lawsuit said.
Will Cities and Scooter Companies Finally Turn on Each Other?
As the saying goes, “politics makes strange bedfellows”, but so do lawsuits. Both the scooter companies and the city are named as defendants. Historically, scooter companies rarely gave cities’ any notice before scattering their scooters throughout town, much to the dismay of many residents and city officials. Such lack of notice did not get the relationship between cities and scooter companies started on the right foot. But they have tried to work it out, for the promise of solving the “last mile dilemma” for public transportation takers.Many cities kicked the scooter companies out. Now the ones that have retained the scooters are being hit by ADA lawsuits, which plaintiffs often win. Will cities continue to stick by scooter companies, even at the risk of lawsuits by their local citizens and public rights groups? Or will the cities finally turn on the scooter companies once and for all? This lawsuit will be a great test to their relationship.
If you or someone you love is hit by a motorized scooter driver, contact your local personal injury attorney. A lawyer can help you sort out the local laws, apply the facts in your case, and help get your expenses covered.

The post Disability Rights Activities Sue Bird, Lime Scooters  appeared first on Rutberg Breslow Personal Injury Law.

Disability Rights Activities Sue Bird, Lime Scooters 

California Sued for $90M by Widow of Murdered Malibu Camper

Tristan Beaudette took his two young daughters camping in order to give his wife some much needed quiet time to study for an upcoming exam. That fateful good deed had a tragic ending. Beaudette, a pharmaceutical executive, was fatally shot in front of his children while camping at Malibu Canyon State Park, and his family has now filed a lawsuit for failing to warn campers about the known shooter in the area that ultimately killed Beaudette.The lawsuit names the L.A. County Sheriff’s Department, California State Parks police, and the California Parks and Recreation Commission, seeking damages against each for $30 million on behalf of Beaudette’s wife and their children, for a total in excess of $90 million.

Father of Two Killed by Rifle Shot In Front of Young Daughters
In June 2018, Beaudette took his two young girls, aged two and four, camping. While all three were in the tent, Beaudette was hit in the abdomen with a bullet from a rifle shot somewhere outside the tent. He died soon thereafter from the gunshot wound.Though it all seems bizarre to the public, it may not seem so surprising to the local sheriff’s department. Between November 2016 and June 2018, the named parties in the lawsuit knew that a man had been sleeping in or around the state park and opened fired seven times on cars as well as campsites. Sheriff Alex Villanueva described the gunshots as “all random, targets of opportunity.” Four months later, in October 2018, police apprehended a nearby robbery suspect. The suspect had a rifle in his possession when they arrested him, and the robber ultimately turned out to be Beaudette’s killer, 42-year-old Anthony Rauda, an ex-convict and survivalist.
Authorities Were Aware of the Shootings Yet Never Warned the Public
Beaudette’s widow, Erica Wu, claims in her suit that there were seven other unresolved shootings near the Malibu Canyon State Park, some of which included people getting robbed or gunned down. The Los Angeles Sheriff’s Department and California State Parks “have confirmed they were aware” of these shootings, and yet never warned the public about it, and specifically never warned campers that the area was dangerous. Property owners do have a duty to warn invitees, such as Beaudette, of possible dangers on their property. It is clear to see why Wu and her daughters filed this claim.
If you or someone you love has been injured in a state park, and you believe the park knew or should have known of the danger, contact a local personal injury attorney. Premises liability can be extended to state parks and government officials, though issues of governmental immunity will have to be addressed. A personal injury lawyer can listen to the facts of your case and best advise you how to proceed, often at no cost to you.

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California Sued for $90M by Widow of Murdered Malibu Camper 

Distraction Causes Maritime Accidents

Everyone knows just how dangerous distracted driving can be, but there's little mention of the risks caused by distracted workers aboard maritime vessels.

According to the National Association of State Boating Law Administrators, operator inattention and improper lookout accounted for between 9 and 14 percent of all vessel fatalities annually.

The Dangers of Distraction

Anything that distracts maritime workers can slow reaction times, hinder employee performance, and lead to severe accidents. The safe navigation of a vessel demands the full attention of maritime workers, and distractions can disrupt concentration and interfere with the exchange of crucial information.

Even on dry land, a distracted motor vehicle operator will be slower to react and stop than a driver who is paying attention. The same is true of a maritime vessel operator. However, ships have no brakes, and there's no pavement, so avoiding an accident at sea is far more difficult than a vehicle collision on land.

Common Maritime Distractions

Maritime vessel workers are frequently distracted by:

• Electronic devices. Using a smartphone to talk, text, or email can distract maritime workers. Ship owners and operators have a responsibility to develop policies prohibiting usage of smartphones and other electronic devices when their use jeopardizes safety.
• Coworkers. All maritime workers aboard a vessel have a duty to mitigate distractions, such as noisy machinery, coworker conversations, and loud music. Vessel owners must stress the importance of not distracting coworkers when aboard ships.

Distractions Can Cause Serious Injuries

Distractions aboard a vessel can lead to accidents that cause many types of injuries, including back problems, amputations, head trauma, lacerations, spinal complications, and hypothermia from falls overboard.

If you were injured due to the careless actions of a distracted coworker, you're entitled to compensation. Your employer may be liable for your medical bills, loss of income, and pain and suffering. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Why You Need a Maritime Attorney Seeking Legal Representation for a Maritime Work Injury How to Avoid Potential Mistakes in Your Maritime Case

 

Distraction Causes Maritime Accidents

Louisiana ‘Cancer Alley’ Victims Take Legal Action Over Environmental Racism

An 85-mile stretch of land along the Mississippi River between Baton Rouge and New Orleans, once home to beautiful plantations and robust agriculture, is now known as Cancer Alley. This area in St. James Parish’s District 5 was mostly residential, but is now dotted with petrochemical companies. When residents united to block the building of future petrochemical and plastic companies in the area, they learned something surprising. In 2014, unbeknownst to them, the district, which previously had no known zoning designation, had been zoned a Residential-Future Industrial zone. Residents are crying more than foul, they are claiming environmental racism.

Cancer Alley Has Almost All Black Residents
Cancer Alley is over 87 percent black. Residents want to know why cancer-causing plastic-producing factories are being approved on land that is mostly inhabited by blacks. And they also want to know how the area was zoned without their knowledge. To date, no one else is talking about the re-zoning, and some are even denying it. According to Blaise Gravois, director of St. James Parish operations, “The 5th district does not have ZONING.”
Why Does Zoning Matter?
Zoning laws have been the standard mechanism for planning communities since the 1930s. When people establish a home, they will invest more in the home, and the community, if there are some assurances that it will stay somewhat similar for the foreseeable future. That predictability is key to building community. Areas can be rezoned, especially if the person, or entity, petitioning for the change is in a position of power. But politics is a powerful tool too, and if enough voters want it rezoned, they can convince the governing group (usually the city council) to make that decision.
Why Should Blacks Shoulder the Environmental and Health Burdens?
As for the claim of environmental racism, Cancer Alley is now home to around 150 plants and refineries. Cancer rates in the area are far higher than the national average, as is the black population. Blacks want to know why their communities have been littered with these cancer causing factories? Why must they bear an unjust, disproportionate burden of either contracting cancer, or relocating entire towns in order to remain healthy, such as the local towns of Diamond, Morrisonville, and Sunrise. To this end, a number of environmental groups and local residents have filed a formal records request to seek answers to these zoning and environmental racism questions.
If you feel that your community’s environment is at risk, contact a local environmental law attorney. No town should have to bear the burden at the risk of its community. An experienced lawyer can listen to the facts of your case, apply current laws, and hopefully help you save your town from becoming the next Cancer Alley.

The post Louisiana ‘Cancer Alley’ Victims Take Legal Action Over Environmental Racism  appeared first on Rutberg Breslow Personal Injury Law.

Louisiana ‘Cancer Alley’ Victims Take Legal Action Over Environmental Racism 

Fish Processing Equipment Accidents

Maritime workers aboard fishing vessels are vulnerable to numerous hazards, including fish processing equipment accidents.

Fish Processing Dangers

Seafood processing workers typically labor for long hours and handle huge quantities of fish on a daily basis.

Much of their work requires the use of equipment with sharp corners and metal cutting blades, such as bait choppers and augers. Workers are also at risk from knives and other sharp tools required to prepare fish for freezing and packing.

Some of the most common fish processing equipment injuries include:

• Faulty equipment. Refrigeration unit workers may be exposed to ammonia gas leaks, with inhalation leading to brain damage, eye injuries, and permanent lung damage.
• Lack of safety guards. Safety guards are sometimes removed from fish processing equipment, and unprotected machinery can cause serious cuts, scratches, and penetrating wounds. In the most severe accidents, a lack of guards may lead to the amputation of fingers, hands, or limbs.
• Worker fatigue. Fishing seasons are short, requiring fish processors to work long hours with little rest. Sixteen-hour days are typical, frequently leading to worker fatigue, physical and mental exhaustion, lack of concentration, and slowed reaction times. Consequently, fish processors may have accidents that cause back injuries, knee pain, and shoulder damage.
• Exposure to bacteria. Skinning and gutting fish can trigger allergic reactions, prompt skin infections due to exposure to bacteria on the fish, or result in lung infections when this bacterium is inhaled.

You Need an Attorney

If you were injured while working with or around fish processing equipment, you might be entitled to compensation under the Jones Act. This may include damages for lost wages, loss of earning capacity, medical expenses, and pain and suffering. An experienced maritime attorney can help you pursue a claim and receive the benefits 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: Crab Boat Accidents and Injuries Maritime Conveyor Belt Accidents Accidents Caused by Failure to Train Maritime Employees

 

Fish Processing Equipment Accidents

Injuries Among Specialty Trade Construction Contractors

Specialty trade contractors perform particular activities, such as site preparation, electrical work, plumbing, and painting. Similar to general contractors, specialty trade contractors are involved in many different types of construction projects. Unlike general contractors, they're not responsible for the entire project.

According to the Occupational Safety and Health Administration, 633 specialty trade contractors were killed on the job during 2016. The most common causes of specialty trade contractor injuries include:

• Slips, trips, and falls
• Struck-by accidents
• Overexertion due to lifting or lowering heavy objects

Specialty Trade Contractor Injuries

Specialty trade contractors who are particularly vulnerable to on-the-job injuries include:

• Electricians. Electricians may be hurt due to:
  • Shocks. Electrical shocks typically occur when workers come into contact with equipment or wiring, leading to cardiac arrest or nerve damage.
  • Burns. Direct contact with current may cause electrical burns, and arc flashes and blasts can lead to thermal burn injuries.
  • Falls. Electrical workers often fall from ladders and other heights, leading to broken bones and spinal cord damage.
• Plumbers. Specialty trade contractors working as plumbers are vulnerable to:
  • Repetitive motion injuries. Plumbers frequently suffer from soft tissue damage to the neck and shoulders, back injuries, and muscle strains and sprains due to repetitive motions.
  • Hearing loss. Loud pipes, heavy machinery, and banging tools often lead to loss of hearing.
• Painters. Painting injuries may include:
  • Toxic exposure. Painters are frequently exposed to toxic chemicals found in solvents, paint strippers, and paint dust.
  • Lung and respiratory diseases. Acute exposure to paint fumes may lead to asthma, bronchitis, or emphysema.
  • Falls. Physical falls may result in broken bones, cuts, and abrasions.

You Need an Attorney

An injury suffered during the course of your duties on a construction site may result in a lot of missed work. You may be entitled to receive workers’ compensation benefits for the loss of income and medical expenses.

You need an experienced workers’ compensation attorney to help you receive the benefits 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: Concrete Safety for Concrete Risks Ten Common Hazards That Make Your Construction Site Unsafe 13 Kinds of Construction Accidents Every Construction Worker Should Know About

 

Injuries Among Specialty Trade Construction Contractors

What are the biggest risks faced by nursing assistants working at nursing homes?

Nursing assistants routinely perform physically demanding work, providing nearly all of the front-line care in nursing homes. Unfortunately, their labor frequently results in serious injuries.

According to research published by RTI Press, 60 percent of certified nursing assistants (CNAs) employed by nursing homes experience occupational injuries. CNAs must do a great deal of lifting, bending, and twisting when caring for patients, often leading to injury.

Typical Causes of Nursing Assistant Injuries

Nursing home residents frequently need help with walking, bathing, dressing, and other normal daily activities. In fact, they're sometimes completely dependent upon caregivers for their mobility. This puts a lot of pressure on CNAs, who must often cope with:

• Workplace stress. Nursing home facilities are frequently understaffed. This can lead to a lot of overtime and long shifts, resulting in stressed and exhausted healthcare workers. Additionally, caring for nursing home residents can be an emotional rollercoaster for CNAs, who must cope with the pain of losing patients. The resulting workplace stress frequently leads to headaches, anxiety, depression, migraines, and insomnia.
• Overexertion. Repetitive actions associated with patient care may result in overexertion injuries. The heavy manual lifting required to transfer patients from a bathtub to a chair, or from a chair to a bed, can lead to:
  • Lateral epicondylitis. Also known as tennis elbow, this is inflammation of the tendons on the outside of the elbow.
  • Medial epicondylitis. This condition is inflammation of the tendon originating near the humerus at the elbow joint.
  • Carpal tunnel syndrome. Stress caused by repetitive hand and wrist motions may lead to carpal tunnel syndrome.

Nursing Assistant Injury Compensation

If you were hurt while working as a nursing assistant in a care facility, you’re entitled to receive workers’ compensation benefits to cover medical bills and loss of income. 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 using the form on this page.

Related Links: Nursing Injuries Eligible for Workers’ Comp The Most Dangerous Jobs Work-Related Muscle Disorders Could Lock You Out of Your Job

 

What are the biggest risks faced by nursing assistants working at nursing homes?

How harmful are blunt force trauma accidents in the workplace?

Blunt force trauma injuries occur when a body part comes into forceful contact with a heavy object. Unlike penetrating injuries, no object enters the body as a result of these accidents.

Blunt force trauma workplace injuries may be caused by a fall from scaffolding or ladders, or result from being struck by machinery or falling materials.

Types of Blunt Force Trauma Injuries

The most common workplace blunt force trauma injuries include:

• Head injuries. When an accident victim’s head sustains trauma, the brain is often jostled inside the skull. This may damage sensitive nerve fibers, leading to a loss of brain function. Bruising or swelling might be the only immediate indication of injury, but failure to seek medical treatment can lead to permanent brain damage.
• Eye injuries. The eye is one of the most delicate bodily organs, and blunt force facial trauma can lead to serious damage. Blunt force trauma may result in anything from a minor black eye to a broken socket or eye bone. If the socket is fractured or broken, surgery may be required to remove or realign broken bone fragments.
• Abdominal injuries. Abdominal trauma is the most common blunt trauma injury. These injuries may cause damage to the liver and spleen, leading to renal failure. The stomach and intestines might also suffer damage as a result of abdominal trauma. As with brain injuries, superficial bruising or swelling may appear to be minor damage, but can be misleading. Abdominal injuries frequently lead to severe underlying damage that requires immediate medical attention.

Compensation for Blunt Force Trauma Injuries

If you suffered blunt force trauma injuries on the job, you’re entitled to receive workers’ compensation benefits to cover lost wages and medical bills. You need an attorney who's prepared to fight for you and 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: Crane Accident Risks, Causes, and Prevention Work-Related Injuries Common Refinery Accident Injuries

 

How harmful are blunt force trauma accidents in the workplace?

Chemical Plant Regulations and Accidents

Chemical plants are dangerous work sites, since employees routinely handle toxic and flammable materials. Consequently, plants must institute various safety policies and procedures to reduce accident risks and limit the damage they may cause.

Improving Chemical Plant Safety

While safety requirements primarily exist to prevent employees from being seriously injured, they provide additional benefits.

A focus on safety improves productivity, since it minimizes the risk of accident-related interruptions and chemical plant shutdowns. This also allows employees to continue their work and collect their paychecks on time. Furthermore, workers feel more valued when employers takes their safety seriously.

Some of the most common chemical plant safety regulations require employees to:

• Abstain from the use of alcohol and drugs.
• Wear personal protective equipment at all times.
• Immediately report any accidents and injuries to a supervisor.
• Only perform those tasks for which they received proper training.
• Attend training sessions that emphasize employee safety and proper operating procedures.

Chemical Plant Injury Causes

While safety policies can dramatically reduce injury risks, ignoring these rules may lead to disastrous results. Chemical plant accidents can expose workers to toxic chemicals such as hydrogen sulfide, leading to memory loss, asthma, and cardiovascular problems. Flammable chemicals, such as benzene, may contribute to devastating:

• Fires. Chemical plant fires may be caused by faulty or overheated electrical equipment, or result from leaking chemical storage systems.
• Explosions. Chemical plant explosions may be caused by a lack of safety training, or by failure to maintain equipment and check for leaks.

Chemical Plant Accident Injuries

Chemical plants are responsible for ensuring the safety of their workers by training and monitoring employees, providing adequate safety gear, and properly maintaining equipment. If you were injured in a chemical plant accident, you may be entitled to receive workers’ compensation benefits to help with medical bills and lost wages.

You need an experienced workers’ compensation 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: You Deserve Compensation for Chemical Exposure Injury Chemical Exposure Risks for Workplace Illnesses Toxic Exposure in the Workplace

 

Chemical Plant Regulations and Accidents

Air Transportation Worker Injuries

Airport workers are exposed to numerous hazards. According to the Bureau of Labor Statistics, air transportation workers experienced 6.7 cases of nonfatal workplace illnesses and injuries per 100 full-time equivalent workers during 2016.

That’s more than double the average rate of 2.9 injury cases for all private industry employees.

Common Air Transportation Worker Injuries

Every job in the air transportation industry involves serious risks.

Ramp Agents and Ground Crews

These workers are responsible for the loading, unloading, and sorting of baggage and freight, and they may suffer from:

• Repetitive strain injuries. Employees must frequently reach for and lift numerous pieces of heavy baggage. This strains the back, neck, arms, and shoulders, leading to spinal issues, tendonitis, shoulder injuries, and torn rotator cuffs. The constant handling and gripping of luggage can also cause carpal tunnel syndrome.
• Hearing loss. Exposure to noise from airplanes, refueling vehicles, and baggage handling equipment can cause hearing loss, leading to stress, depression, fatigue, and insomnia.

Flight Attendants

The primary duties of flight attendants are safety-related, and their injuries may include:

• Shift-Work Disorder. Flight attendant schedules can change radically from one week to the next, and some flights may require attendants to stay awake for long periods of time. This can lead to shift-work disorder, causing numerous health problems such as diabetes, obesity, gastrointestinal disorders, and cardiovascular disease.
• Workplace stress. Flight attendants must cope with demanding passengers and security threats, with the resulting stress leading to sleep disturbances, hypertension, and gastrointestinal problems.
• Neck and back injuries. In-flight turbulence or a rough landing can cause neck and back injuries when a flight attendant is thrown into a wall or falls down. Pushing and pulling food and beverage carts can also strain muscles and tendons.

Receiving Workers’ Compensation

If you were injured while working in the air transportation industry, you’re entitled to receive workers’ compensation benefits. This may include payments for lost wages, medical bills, disability, and vocational rehabilitation.

You need an attorney to protect your rights and 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: Offshore Helicopter Accidents Milestone Achievement for Houston Flight Attendants and On-the-Job Injuries Chopper Crash Causes and Risks in the Maritime Industry

 

Air Transportation Worker Injuries

Truck Accident Settlement Distributions

Once a truck accident case is settled, the injury victim receives compensation. Unfortunately, this process is far more complicated and time-consuming than the insurance company simply cutting a check.

Typically, a settlement check is made payable to both the attorney and client, and the insurance company sends it to the lawyer. Attorneys are required to follow strict ethical guidelines when representing clients, including rules regarding the disbursement of settlements.

The Disbursement Process

After a settlement check clears, the attorney is permitted to make distributions covering a number of factors.

Liens

Typically, the attorney needs to use some of the settlement money to repay outstanding debts, including:

• Unpaid bills from medical providers.
• Reimbursement of collision-related medical treatments paid for by the injury victim’s insurance company.
• Reimbursement of collision-related medical care paid for by Texas Medicaid.
• Unpaid child support payments to the Texas Child Support Division.
• Reimbursement of collision-related medical care paid for by Medicare.

Legal fees and expenses

Once any outstanding liens are settled, the attorney deducts any legal fees specified in the attorney-client contract. Expenses stemming from the case may also be deducted, such as:

• Expert witness fees.
• Deposition and court reporting costs.
• The cost of gathering medical evidence, such as medical records.

Compensation

Once all of the liens, legal fees, and expenses are disbursed, the injury victim receives the remainder of the settlement funds.

If a truck accident victim was fatally injured in the collision, survivors may be entitled to receive wrongful death compensation. Should surviving family members accept a settlement offer, there will be no jury to determine the appropriate division of funds. Instead, the attorney must help grieving family members decide how these settlement proceeds should be divided. This can be accomplished by applying legal precedence from those cases requiring juries to divide awarded damages under similar circumstances.

You Need an Attorney

If you were injured or lost a loved one due to a truck accident, you need an experienced attorney who knows how to negotiate a favorable settlement with the insurance company. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Time to Settle a Truck Crash Claim How Long Will My Personal Injury Lawsuit Take to Reach a Conclusion? Three Reasons You Need an Attorney After Suffering a Truck Accident Injury

 

Truck Accident Settlement Distributions

Truck Accident Mediation

While truck accident cases sometimes go to trial, many of these claims are settled through mediation. Mediation is a process whereby a neutral third party, or mediator, attempts to resolve a truck accident claim without going to trial.

The Mediation Process

A third party mediator attempts to help both sides find common ground, thereby avoiding all of the risks and expenses associated with a court trial. Mediation typically begins with a meeting known as a joint session, during which the attorneys for both sides present their cases to the mediator. After the joint session, the clients split up into separate rooms, where they're alone with their legal counsel. The mediator then goes back and forth between the parties, listening to both sides and making suggestions in an effort to resolve the case.

Advantages of Mediation

Mediation offers several important advantages, including:

• The mediation process is completely voluntary. Parties involved in mediation may opt out at any time, and a settlement is only reached if both sides agree. A courtroom trial is still an option should negotiations break down.
• The mediation process is confidential. Records of all written and oral communications resulting from mediation cannot be used as evidence during any future judicial proceeding. This allows each party to present their sides of the case without the fear of having their words used against them later.
• The mediation process provides valuable information. Though statements made during mediation cannot be used as trial evidence, defense arguments can give a truck accident lawyer insight into the defense attorney’s strategy.

A Settlement Is a Compromise

Mediation can be a useful tool to resolve claims without the risks and expenses associated with a jury trial. However, the primary drawback is your settlement may be lower than if you'd won at trial.

A settlement is a compromise, so you’re unlikely to get everything you want. However, you can also avoid all of the delays and expenses associated with a truck accident trial. Your attorney can help you decide if mediation is the right approach for your case. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: How to Find the Right Truck Accident Attorney to Handle Your Injury Case Timeline for a Personal Injury Claim Crucial Steps to Take Following a Truck Accident to Strengthen Your Right to Compensation

 

Truck Accident Mediation

Construction Worker Sues for Disney Animal Kingdom Injury

A bit of mystery surrounds a lawsuit filed by construction worker Robert Howard against Disney, MLC Theming, and Total Demolition Services. Howard alleges that dangerous conditions at his worksite located within Disney World’s Animal Kingdom created an unsafe work site, which caused him to sustain an injury when a ditch he was digging collapsed on him.What’s odd is that the lawsuit provides no details about the injury other than the date, March 11, 2016. Neither Disney, Total Demolition Services, nor MLC reported any incidents around that time to the Occupational Safety and Health Administration (OSHA), though admittedly only work-related fatalities or hospitalizations are required to be reported to OSHA. Total Demolition Services has been listed inactive since 2017. Howard is seeking more than $15,000 in damages, but his attorney claims Howard filed the lawsuit to find out what happened so that history doesn’t repeat itself.

Florida Law Makes It Difficult to Sue for Work Related Injuries
Interestingly, Florida law insulates its employers from liability related to many on-the-job injuries. State workers’ compensation laws preclude injured workers from suing employers directly. The public policy behind this is predictability. Tort lawsuit awards are very unpredictable, while workers’ compensation for injuries is handled through insurance claims, which even-out the financial blow across the client base. However, this law will not shield employers from gross negligence or conduct “substantially certain” to result in injury or death.
Dangerous Conditions Suit Against Disney May Prove Challenging
It is unclear who Howard’s employer actually was at the time. All that is knows is that it was not Disney. Very few OSHA complaints have been filed against Walt Disney World. And even fewer dangerous conditions suits, other than the infamous alligator that killed the toddler boy in 2016. To prevail in a premises liability action, Howard will have to prove that the defendant had a legal responsibility to maintain the property without hazards, and failed to do this, resulting in his injury. Courts will expect that Howard assumed some risk, given that he had accepted employment working in this ditch. And given Florida law, the hazard in this claim must have been substantially certain to result in injury or death.
If you or someone you love has been injured on someone else’s property, contact a local personal injury attorney. An experienced lawyer can best compare the facts of your case with local laws to determine if you may be able to get compensated for your injuries, often at no cost to you.

The post Construction Worker Sues for Disney Animal Kingdom Injury  appeared first on Rutberg Breslow Personal Injury Law.

Construction Worker Sues for Disney Animal Kingdom Injury 

Construction Zone Truck Accidents

Commercial trucks can be a serious threat on the open highway, but they may be even more dangerous when traveling through construction zones.

Construction Zone Truck Accident Causes

There are a number of traffic risks that may be intensified by construction zone activity, including:

• Speeding. Failure to obey the speed limit is a common cause of truck accidents in construction zones.
  Trucks require much longer stopping distances than passenger vehicles, so when operators misread road conditions the consequences can be devastating. If a truck is traveling at a high rate of speed, the driver may be unable to slow down in time to avoid colliding with slowed or stopped traffic in a construction zone.
• Distracted driving. If a trucker is distracted by smartphone use, or driving under the influence of alcohol or drugs, he or she may be unable to stop quickly enough to avoid an accident.
• Merging dangers. Commercial trucks have “no-zones,” which are areas around the side, front, and back of the vehicle that are invisible to the driver. No-zones are always hazardous, but the typical narrowing of lanes in construction areas increases the risk of side-impact collisions.
• Inadequate warnings. Construction crews have a duty to warn oncoming vehicles about road hazards through the use of traffic signs, cones, and barrels. When they fail to provide adequate notice, a truck driver may crash into stopped vehicles.

Protecting Your Rights

Those individuals and entities that may be responsible for a construction zone truck crash include the trucker, the company that employs him or her, the vehicle owner, and the municipalities and private contractors responsible for road construction and maintenance.

Since multiple parties may have partial liability in the event of a collision, these cases are often extremely complex. If you were injured in a construction zone truck accident, you need representation by an experienced personal injury attorney to protect your rights and secure the damages you deserve. You may be entitled to compensation for your medical bills, loss of income, and pain and suffering.

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

Related Links: Construction Workers Risk Serious Traffic Injuries on a Daily Basis Construction Site Vehicle Accident Risks Car Accident Dangers for Roadside Construction Workers

 

Construction Zone Truck Accidents

Tesla Sued After High Speed Fatality in Florida

Speeding is always a safety risk, but especially on turns going nearly 100 miles per hour over the speed limit. The family of an 18-year-old boy killed in a Tesla car accident is suing the car manufacturer for what the attorney calls an “unreasonably dangerous” car.Edgar Monserratt alleges that the Tesla in which his son was riding when he died contained a defective battery. In addition, he claims the company was negligent for removing the speed governor on the car when it was last in the Tesla shop. Plaintiffs are seeking at least $18,000 in damages, but nothing will bring back their son.

Unsafe Car or Unsafe Driving?
Edgar Monserratt’s 18-year-old son, Edgar Monserratt Martinez, was in the passenger seat of a Tesla Model S car driven by his friend Barrett Riley in Fort Lauderdale, Florida. Riley was driving down Seabreeze Boulevard at over 116 mph. Riley was in the right lane, but moved to the left to pass a car while going around a curve with a warning sign to slow to 25 mph. When Riley attempted to move back into the right lame, he hit an adjacent wall, came back into the road, then hit a light post on the opposite side of the street. At that point, the car erupted into flames and killed both Martinez and Riley.Riley was no stranger to speeding in that car. In fact, about two months before the crash, after receiving a speeding ticket for going 112 mph down a Florida highway, Riley’s parents had Tesla install a speed limiting governor on the car that would artificially cap the car’s rate of speed at 85 mph. However, when the car was subsequently in the Tesla maintenance shop, Tesla removed the governor without Riley’s parents permission.
Negligent Care and Negligent Manufacturing
Monserratt is claiming two causes of negligence in his case, one for the negligent removal of the governor, and another under defective product. “The Tesla S sedan had inadequate measures to prevent a post-collision fire and had inadequate measures to contain a fire,” said Chicago attorney Philip Corboy Jr., one of the attorneys representing Monserratt.There have been stories in the news about Tesla battery backs catching fire, and even reigniting, as Riley’s did when it was on the tow truck being hauled away, and again at the salvage yard. But according to Tesla, the rate at which the batteries explode is far less than the average car. Since the Model S was released in June of 2012, there have been at least a dozen battery fires worldwide, according to plaintiff’s attorney.However, according to the National Fire Protection Association, fire departments respond to an average of 152,300 car fires per year in America alone. Tesla also claims that no car would have been able to refrain from catching car on an impact such as this one.
If you feel that you have been injured by a dangerous product, contact a products liability attorney. Product liability actions are often complex and vary somewhat by state law. An experienced attorney will be able to answer your questions and protect your interests, often at no cost to you.

The post Tesla Sued After High Speed Fatality in Florida  appeared first on Rutberg Breslow Personal Injury Law.

Tesla Sued After High Speed Fatality in Florida 

How Much Is a Plastic Surgery Lawsuit Worth?

Many cosmetic surgery procedures are perfectly safe, and clients are healthy afterwards and happy with the results. But any surgery is dangerous, and not all plastic surgery operations leave us looking the way we expected or were promised.
If you are injured due to the negligence of a plastic surgeon or their staff, you could have a valid medical malpractice or other legal claim. How much that claim could be worth depends on many factors, including the extent of injury you’ve suffered and the type of lawsuit you are filing. Here are some basic damages considerations in plastic surgery lawsuits.
Doctor Malpractice
Most medical malpractice lawsuits award compensatory damages only, which cover expenses surrounding injury, lost income, and projected future medical costs, all based on the premise that your plastic surgeon breached a professional duty of care to you. This can occur in any cosmetic surgery gone bad:

Common surgical errors, like wrong-site surgeries or scarring
Implant malfunctions, like drifting or rupture
Nerve damage
Wrongful death
If you can prove the plastic surgeon or their employees or contractors fell below the standard of care of the reasonable doctor or hospital in same or similar circumstances, you could be entitled to compensatory damages. Malpractice claims, however are not easy, and generally require expert testimony and complex medical reports along with experienced legal counsel.
Doctor Misconduct
Even if the cosmetic surgery goes well, surgeons can be held liable for other forms of misconduct. Plastic surgeons have been sued for:

Posting patients nude photos to their commercial website without permission;
Dancing during surgical procedures; and
Posting photos of alleged “cocaine nose” online.
If the misconduct is truly egregious you may be entitled to punitive damages, which are a form of financial punishment.
Talk to a Lawyer
For a more thorough determination of potential damages in your plastic surgery case, speak with a lawyer who has experience in medical malpractice and privacy claims. State laws may vary and may contain statutory limitations on recovery, known as damages caps. Many attorneys consult for free or a minimal fee, so don’t hesitate to contact a lawyer for help today.

The post How Much Is a Plastic Surgery Lawsuit Worth?  appeared first on Rutberg Breslow Personal Injury Law.

How Much Is a Plastic Surgery Lawsuit Worth? 

Illegal Butt-Lift Doc Facing Homicide Charges

Third time’s a charm, and perhaps this time, the sentencing will be more severe. Whalesca Castillo has been arrested for manslaughter in the death of Lesbia Ayala, a resident of Philadelphia who had traveled to the Bronx to have Castillo perform a “butt lift” without a medical license. Castillo has also been charged with criminally negligent homicide and the unauthorized practice of a profession. Castillo had already been found guilty and jailed twice before for providing illegal silicone injections. But this time, the client died. Facing repeat charges and showing only discontent for the law, Castillo may be in for some hard time.

Ayala Died Due to Embolism From Silicone Injection
Police were called to Castillo’s home in the Bronx on June 17, 2018, to find Ayala in cardiac arrest. Transported to the hospital, she died soon thereafter, due to an embolism. Medical examiners tied the cardiac arrest to the silicone injections Ayala had received in her buttocks and thighs, presumably at the hands of Castillo.
“Notorious Unsanctioned Butt-Lifter”
Castillo has been described as a “notorious unsanctioned butt-lifter”. In September 2011, Castillo faced charges related to operating a plastic surgery clinic without a medical license, and served a year in federal prison before being released with probation. Less than three years later, she was charged again with providing silicone enhancement procedures and went back to prison for another nine-month stretch.
Reckless Disregard — For Human Life and the Law
In court documents obtained from her prior two criminal proceedings, Castillo showed little care, and even less expertise, in helping her clients through these cosmetic enhancements. For instance, when one client had complained of leaking blood and liquid from her buttocks and legs, Castillo replied “Buy some crazy glue and put it on it.” In her 2011 federal case, she described how she would receive hundreds of silicone gel bottles from the Dominican Republic, marked in Spanish as “silicone for hair” or “for body massage”, that she would inject into people’s bodies at various houses out of which she operated. She would dispose of the vials and needles by throwing them on sidewalks. Though she charged $1,500 per procedure, and owned approximately $1.5 million in various real estate properties, she pleaded guilty in 2012 for falsely claiming $30,000 in welfare benefits from the city’s Human Resource Administration.
If you have been injured by silicon injections administered outside of a hospital setting, you may be able to be compensated for your losses. Contact a local personal injury attorney to discuss the facts of your case to see if you have any legal remedies available to you. Most attorneys will hear your case at no cost during a free consultation, so you have nothing to lose, and potentially much to gain.

The post Illegal Butt-Lift Doc Facing Homicide Charges  appeared first on Rutberg Breslow Personal Injury Law.

Illegal Butt-Lift Doc Facing Homicide Charges 

Which laws are applicable to truck accident cases?

Just like any other vehicle accident case, truck collision litigation requires proof of liability. To win your truck accident case, your attorney must be prepared to provide proof of negligence under personal injury law.

However, violations of truck-specific regulations can be important evidence your lawyer may use to bolster your claim.

Traffic Law Violations

While it's possible to hold truck drivers and trucking companies liable for accidents, there really isn't “truck accident law.” Instead, an attorney must prove negligence, which may or may not involve violations of trucking-specific regulations. Evidence of a trucker’s violation of general traffic laws may be used to demonstrate negligence, such as:

• Speeding
• Driving under the influence of drugs or alcohol
• Drowsy driving

Regulatory Violations

The trucking industry is heavily regulated, with federal and state laws that dictate appropriate trucker and fleet transportation company behavior. Violation of these rules demonstrates that the trucking company has failed in its duty to keep the public safe.

There are a number of truck-specific regulations that may be cited as evidence of negligence in a truck accident case, including:

• Federal Motor Carrier Safety Administration (FMCSA) Regulations. This set of laws applies to practically every aspect of large trucks, including the hours an operator may drive to commercial truck weight regulations. The FMCSA is important in truck accident cases because many of the mistakes truckers make are violations of these regulations. If an operator breaches FMCSA regulations, an attorney can cite this as evidence of his or her negligence.
• Texas Transportation Code. Most sections of the state’s transportation code apply to all types of motor vehicles, but the code also includes regulations specific to trucks. As noted above, violations of these laws may be used as proof of liability.
• Texas Department of Transportation (TxDOT) Rules. This agency created specific rules regarding the registration and inspection of commercial trucks. TxDOT is also responsible for the licensing of truck drivers. If the fleet company or driver violates these regulations, this may also be used as proof of negligence.

You Need an Attorney

If you were injured in a truck accident, you need an attorney who knows how to prove trucking company negligence and 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: Federally Hours of Service Regulations Seek to Decrease Truck Driving Accidents Trucking Regulations Take Aim at Safety Injuries and Damages You Can Sue to Recover Following a Truck Accident

 

Which laws are applicable to truck accident cases?

Oilfield Truck Accidents

Oilfield jobs can be dangerous due to the heavy machinery used to extract oil from the ground.

However, the leading cause of injury in the oil industry is actually truck accidents, not drilling.
 

Oilfield Truck Accident Causes

Oilfield trucks are used to transport equipment, extracted oil and gas, and workers. While there are a number of potential oilfield truck accident causes, some of the most common include:

Driver negligence

Oilfield truck operators can be guilty of the same types of negligence as passenger vehicle motorists, including driving while intoxicated, using a smartphone, aggressive driving, or speeding. However, due to the size and weight of these trucks, the damage done in a collision will likely be far more severe.

Poor maintenance

Oilfield trucks require safety checks and routine maintenance to ensure safe operation. If management attempts to save time and money by neglecting truck maintenance, a serious accident may be the result.

Long work hours

Oilfield employees often work 12- to 15-hours daily, and operating a large truck while they're so exhausted may lead to serious collisions. While most truck drivers must comply with restrictions on their work hours, oilfield drivers are exempt from some of these requirements.

The typical commercial truck driver must rest for a minimum of 34 hours between shifts, but an oilfield driver only has to rest for 24 hours. Unlike other large truck operators, oilfield drivers are permitted to log time spent waiting at the jobsite as time off. This is a significant difference, since wait times are often 10 hours or more, and drivers have no place to sleep while they wait.

You Need an Attorney

If you were injured in an oilfield trucking accident, you may be entitled to damages for your medical bills, loss of income, and pain and suffering. You need an attorney who knows how to protect your rights and 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: What Makes an Attorney a Truck Accident Legal Expert? Three Reasons You Need an Attorney After Suffering a Truck Accident Injury Proving Liability Through Strong Evidence

 

Oilfield Truck Accidents