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