Personal Injury Law Blogs

Disneyland’s Legal Battlefield

Disneyland is under siege, and the weapon of choice is litigation! According to several sources, the famed family theme park, located in Anaheim, California, has been served with approximately 140 personal injury lawsuits over the past five years. Ostensibly a problem of balance-challenged Mickey Mouse fans, the majority of the cases stem from slips, trips and flying objects.

Protecting The Mouse’s Rep: Why You Will Probably Never Hear Much About Disneyland’s Lawsuits On The Evening News

Do not, however, expect to hear about Disneyland’s legal battles on the evening news. After all, the multi-billion-dollar conglomerate has a squeaky clean reputation to protect, DVDs to push and leisure opportunities to sell, sell, sell! As such, most of the personal injury claims against Disney are either dismissed or quietly settled out of court.

The Disneyland Personal Injury Lawsuits: Fairytale or Fair Game?

Let’s face it, fellow humans, our collective cultural penchant for “sticking it to the fat cats” often results in frivolous litigation — motivated by dreams of hitting the lawsuit lottery — which only succeeds in clogging up courts. But a cursory examination of recent cases reveals that a fair percentage of the claims were strong. For example, one lawsuit involved a woman who, at a theme park hotel, experienced an unfortunate and damaging fall after encountering a few rogue eggs on the floor of Goofy’s Kitchen. Another Disneyland case was brought forward by a gentleman that was injured after a falling sheet of metal made contact with his body. In still another claim against the iconic-rodent-corp, an untethered food-court umbrella smacked a female visitor’s head, triggering seizures; as a result, the woman was awarded $500,000. To put things in context, though, while 140 lawsuits may seem like an eye-popping amount at first, when you consider that nearly 20 million people visit the theme park annually, 140 is actually a remarkably low number.

The Moral Of Disneyland’s Personal Injury Lawsuit Tale

So what should we take away from this litigious tale? First and foremost, be careful out there! Secondly, if you have a soft-spot for lawyers and want to give the Disney legal team a break, be sure to “mind the gaps” and avoid flying objects the next time you find yourself at the “happiest place on earth.”

Byline

This article was composed by Ty Whitworth, a person who has wide knowledge of personal injury law and lawsuits; he knows of drink driving solicitors to help with such things.

Employer Liability in Motor Vehicle Accidents

Sometimes a car accident isn’t the fault of an individual, but the company they work for. If a person is driving a vehicle while performing work-related activities on behalf of his or her employer, there may be employer liability involved.

Determining whether or not an employer is liable will depend on whether there is justification for assigning legal responsibility on the employer. There are two main examples of when an employer is held liable for a trucking accident: negligence on the part of the employer and vicarious liability.

Employer Negligence

An employer can be deemed negligent if they don’t take reasonable care or do their due diligence with ensuring their new employee is a safe and properly licensed driver. If an employee will be driving a commercial vehicle owned by the employer, the company must make sure their employee has a valid commercial driver’s license.

Another example of employer negligence is when employee supervision isn’t performed properly. Companies must have safety policies in place and need to make sure their drivers comply with safety laws. For instance, federal and state law requires specific logging procedures for drivers and that cargo is weighed and loaded properly.

Vicarious Liability

While vicarious liability doesn’t necessarily mean an employer is negligent, the law does assert that the actions of an employee are essentially the same as the actions of the principle directing the employee.

For instance, if an employer instructs their employee to do something, it’s as if the employer is doing it themselves. If the employee voluntary diverts from their instructions and gets in an accident, then liability by the employer is unlikely. There are also potential additional exceptions depending on the specifics of each scenario, which would need to be determined by a personal injury attorney who better understands the nuances of the law.

Whether you need a trucking accident attorney in Portland, OR (my home area), or anywhere else in the U.S., it is important to discuss the details of a case if you were involved in an accident while performing tasks on behalf of your employer. This also holds true for employers who believe they are innocent of any liability in a motor vehicle accident.

The Importance of SUM insurance for Bicycle Accident Victims

Indulging in the world of cycling is not only healthy and exciting, but it is also dangerous and potentially hazardous to your life. When you are forced to share the road with thousands of pounds metal and inattentive drivers, you are subsequently putting yourself in harm’s way where bicycle accidents can sometimes be inevitable.

When these accidents occur, as a victim of someone else’s carelessness, you are entitled to compensation that helps cover the cost of the resulting medical bulls. The driver’s insurance is required to hire representation and pay for the compensation that the judge awards the plaintiff. However, the insurance companies are only required to cover the costs up to a certain point, where then the defendant is left to cover any discrepancies. If the defendant cannot cover the remaining costs, then they will be deemed as “judgement-proof” and the injured cyclist will have little recourse to collect the remaining balance.

To make more sense of this, we will use an example from New York. In New York, a motorist is only required to have $25,000 in liability coverage. If this motorist ends up getting in a car accident and harming someone else, their insurance is only responsible for costs up to this point. Since medical bills, especially those that occur when a cyclist is involved, can go well over this $25,000 and quickly into the $100,000 range, it is most likely that the motorist will be left with outstanding costs that they cannot pay and thus the cyclist never gets.

This is where Supplementary Underinsured Motorist coverage comes in to play. If the cyclist had purchased this additional coverage generally referred to as SUM, then instead of being stuck with these outstanding medical bills, their SUM would kick in and cover the difference up to their policy limits. Thus, instead of being forced to suffer another misfortune in the form of life changing medical bills, the cyclist simply uses their SUM coverage to make sure that this isn’t the case and that they are able to get their life back.

The reason not everyone already has SUM coverage is because most people are not willing to pay an additional fee for insurance that they think they will never have to use. Nobody wants to picture themselves going through an accident, but the truth is that accidents happen. They are unintended and unexpected, as represented by the very nature of the name accident, and almost impossible to avoid when they do present themselves. As a cyclist, you are even more at risk considering that you are less noticeable by inattentive drivers and the collision is more traumatic due to the size of your bike compared to the mass of a vehicle. While SUM coverage should be purchased by all motorist as a safety precaution, it is for the aforementioned reasons that it is of an absolute essence for cyclist to purchase it.

Do not let a bad thing become worse and ultimately life-altering. Know the nature of the activities you participate in and the risks that accompany it, and be prepared for the worst case scenario so that in the ill-fated event it does occur, you are fully prepared and can limit the extent of the repercussions.

Bedsores and What Kind of Care They Indicate Is Being Provided

(United States Laws) When a person is unable to fully care for themselves, they need the support of other people, in some cases medical caregivers, to provide the care that is essential to their continued well-being. Unfortunately, in addition to the physical injuries, disabilities, and illnesses that a person usually seeks this sort of care for, people who need this level of care are at risk of developing other health problems as well.

One common health issue that many people who are receiving daily care, especially those in hospitals and nursing homes, face is the development of bedsores. Also known as pressure sores, bedsores are caused by a constant pressure being placed on the body, causing damage to the skin and tissue underneath. Bedsores can vary greatly in severity and the amount of damage they cause to those afflicted with them. Unfortunately, these health problems are often quite dangerous as they tend to affect individuals who are already receiving care for other ailments or conditions. Additionally, they are almost always preventable with the appropriate care.

Preventing Bed Sores

Typically, those who develop bedsores are under the care of doctors, nurses, and nursing home caregivers, depending on where they are receiving care. As such, these parties are responsible for taking the appropriate measures and precautions to prevent bedsores from developing, otherwise the victim and / or his or her family may contact a nursing home abuse lawyer to take legal action against the responsible party. Some ways in which these health complications can potentially be prevented include:

  • Regularly moving a patient who is bedridden into different positions. For example, if they are lying on their back, they should be moved onto their side if possible. This can prevent pressure from being applied too long to one spot.
  • Moving a patient or resident who is in a wheelchair to another position or having them do it themselves
  • Getting wheelchairs that redistribute pressure
  • Providing special mattresses and padding

In addition to these preventative methods, there are other things that healthcare practitioners can do to minimize a person’s chance of developing a bedsore. As potentially life-threatening conditions, caregivers should do all that is possible to make sure patients do not have increased risks of developing these health problems.
Carlos is a legal blogger who is passionate about raising awareness of the dangers posed by abusive situations found in neglectful nursing homes.

Illinois Dog Bite Laws

This article is brought to you by Chicago injury lawyer Eugene K. Hollander. If you have been biten by a dog due to the dog owner’s negligence, you may be entitled to compensation for your injuries.

Every day about one thousand U.S. citizens are bitten by a dog and require emergency care. Dog bite law is a branch of law that greatly varies from jurisdiction to jurisdiction, and level of owner responsibility depends on state and county civil, criminal and administrative laws and rulings.

The following are the three dog bite laws that every jurisdiction references, although they may only loosely be followed:

1. Negligence law: States that the dog owner is responsible if he or she was negligent in controlling the animal. This type of dog bite law differs from jurisdiction to jurisdiction, and it is up to the court to decide whether the owner behaved negligently.

2. One-bite law: If the dog has never bitten anyone before, and the owner does not have a degree of knowledge that their animal is dangerous, a court will historically take little to no action. Every dog gets one free bite. However, many jurisdictions are altering or doing away with this law to encourage dog owners to better train their pets and to veer away from purchasing notoriously dangerous canines.

3. Dog bite owner responsibility law: This is the strictest of the three types of dog bite laws. Under this law the owner is fully liable, regardless of how and why the dog bite occurred.

Illinois’ liability statute modifies the one-bite rule. The law states that a person injured by a dog can recover damages against the dog’s owner if he or she proves that the dog caused the injury, the defendant owned the dog, the injured person did not provoke the attack, the injured person was acting in a peaceful manner at the time of the injury and that the injured person was in a place where he or she had legal right to be at the time of the injury. Unlike the aforementioned negligence law, the plaintiff does not need to prove owner negligence in Illinois under the statute.

Dog owners have a responsibility to ensure public safety. Owners of identified “vicious dogs” must act with extreme caution. A vicious dog is one that, when unprovoked, bites or attacks a human or domestic animal. Such a dog has been known to endanger the safety of those around him or her and has a reputation for vicious behavior. Owners of vicious dogs must legally have them enclosed in a fence or structure at least 6 feet tall that prevents the entrance of any young children, and ensures that the animal is unable to escape. Such dogs are only permitted to leave their enclosure to see the vet or if court-ordered, and during those times the dog must be muzzled and restrained with a chain that has the strength of 300 pounds and does not exceed 3 feet.

If you or a loved one has been bitten or injured by a dog, you may be able to recover compensation for your medical bills as well as pain and suffering. Because dog bite laws are complicated and vary so greatly, you should hire an attorney who can explain your case.

Choosing a Reputable Injury Lawyer

(in the USA and elsewhere) Hiring a lawyer is a difficult process, especially for individuals who have not worked with legal representation in the past. The task is made even more challenging when the need for specialization develops, as is often the case when hiring an injury lawyer. While many injury lawyers are considered to be reputable professionals, some do earn the title of “ambulance chasers.” Though finding an injury lawyer who is skilled, compassionate, and competent may seem daunting, it doesn’t necessarily have to. For best results when it comes to hiring a personal injury lawyer, be sure to start through consultation with the American Bar Association. Obtaining recommendations from friends and family members, and scheduling a meeting with possible candidates are also important steps when it comes to hiring the ideal professional.

As mentioned previously, consultation with the American Bar Association may be the first step when it comes to hiring a reputable injury lawyer. This resource offers a directory of injury lawyers, who are categorized by state and further specialization. Obtaining a list of potential candidates from the American Bar Association assures clients that they are working with trained, licensed professionals who are considered to be experts in the field of law. Hiring a lawyer who is not listed through the American Bar Association is not only dangerous from a personal standpoint, but may also have severe legal implications.

Once you have the name and contact information for licensed injury lawyers in your area, start collecting information about the possible candidates. The American Bar Association encourages individuals to consult with general practice lawyers with whom they may have worked in the past to obtain references and recommendations. In addition, talking with friends, family members, and even co-workers or neighbors may be an effective way to find the best injury lawyer in your area. During this process, it is important not only to determine the success rates of the lawyers in question, but also their behavior and attitude towards the clients. While it may be tempting to simply hire the individual with the best “win” rate, finding one who is also easy to work with and highly professional are also important considerations. Another great thing to look into when searching for a lawyer is to check if they’re members of the Lawyers of Distinction. If you’d like to learn more about Lawyers of Distinction, check out their site and see how they’re the best lawyers out there for any legal job.

Now that the list of potential candidates has been whittled down to a few highly-recommended individuals, clients can begin to interview injury lawyers in earnest. Call the office of the lawyers in question and schedule a consultation appointment to discuss the case. Be sure to develop a list of questions to bring to the meeting, which may include asking the lawyer if he or she has ever handled a similar case in the past. In addition, discussing the projected difficulty of the case, estimated costs, and time frames are also important talking points for individuals who want to find the most reputable injury lawyer for the job.

Hiring a high-quality injury lawyer is a marathon, not a sprint. While it may be tempting to hire the first individual who comes along, this may not be the best person for the job. Instead, clients should feel free to take their time and investigate all possible options to ensure the best results when it comes to hiring a personal injury lawyer. By being patient and following the steps listed above, individuals can rest assured that they will get a competent, professional lawyer dedicated to serving the needs of their clients.

Founded in 2002 Potts Law has a decade’s experience handling specialized Personal Injury cases.

Asbestos Exposure and Cancer of the Abdomen

Many people think of lung cancer when hearing the term mesothelioma or exposure to Asbestos.  While this is a logical train of thought, asbestos exposure is a known cause of lung cancer – other parts of the body are at risk as well.  Peritoneal mesothelioma is a cancer of the abdominal wall lining (peritoneum). This thin membrane is a lubricant in the abdominal cavity and serves to allow other organs to expand and contract as they are supposed to within the body.  When the peritoneum is damaged and ravaged by the destructive cancer, mesothelioma, a person experiences severe pain.

This terrible disease is contracted by exposure to asbestos.  This deadly chemical kills people all across the country every single year.  Those exposed years ago are not safe.  At times it can take 20 to 50 years for asbestos exposure to manifest itself into this or other deadly forms of cancer.  The symptoms of peritoneal mesothelioma are similar to that of a hernia or stomach discomfort so it often goes misdiagnosed.  Mesothelioma is such an aggressive form of cancer that misdiagnosis can lead to a once healthy person becoming terribly ill and dying within a matter of months.  If you have been exposed to asbestos and are experiencing hernia like symptoms ask your doctor to do a test and make sure it is not a form of mesothelioma.

Asbestos was so widely used prior to the 1980’s that exposure is very common. It was used as insulation and still is in many older buildings today. While most of it was supposed to be removed people should have their homes inspected to make sure there is no asbestos in the wall.  The substance is durable and resistant to fire so asbestos was even used as string or yarn, woven into fabrics. That means uniforms, gloves, and aprons could have contained asbestos prior to the 1980’s.  Additionally everyday objects like hair dryers contained asbestos fibers.  Women blow drying their hair could have been releasing asbestos into the air and breathing in this terrible toxin.  If you have any old hair dryers lying around – throw them away.  It is simply not worth the health risk to keep them.

Those that served in the military are especially at risk for asbestos exposure and mesothelioma.  The Navy used tons of asbestos to line its engine rooms and the product was used as insulation in most military buildings.  As a result Veterans represent 30% of the mesothelioma victims while being only 8% of the general population.

Mesothelioma is a terrible cancer and an aggressive disease.  To date no one has found a cure for traditional mesothelioma and the life expectancy after diagnosis is only 4 to 18 months on average.  Those diagnosed with peritoneal mesothelioma have a better prognosis if it is caught early, as surgical options are available.  The key is to properly diagnose the disease as soon as possible.  Since doctors often overlook it, patients must be pro-active in asking for the appropriate tests.

Those suffering from asbestos exposure and subsequent diseases have the right to seek justice for their loss of health, pain and suffering.  At Teague & Glover, P.A. we are experts in mesothelioma and skilled at representing victims of asbestos.  It takes a skilled and knowledgeable attorney to understand the complexities of mesothelioma cases.  Not only do they need to understand the law, but understand the disease.  We have dedicated countless hours to its study and are here to answer questions, give advice, and inform you of your rights under the law.

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Teague & Glover, P.A. : Personal injury attorneys located in North Carolina.

Reducing work-related road traffic accidents

Guest post about the IOSH’s recent calls for the Government to help reduce deaths and injuries on the road when driving to work.

The Institution of Occupational Safety and Health (IOSH) has called on the Government to act to help reduce the number of people killed or injured while driving for work.

Work-related road traffic accidents

Work-related road traffic accidents (RTAs) are a serious problem. The latest provisional figures from the Department of Transport show that in the 12 months ending June 2012, 24,870 people are estimated to have been killed or seriously injured on the roads in the UK.

In 2010 the Government estimated that 24% of serious injuries, and 30% of road deaths could be linked to work-related road traffic accidents.

Figures from IOSH itself show that:

  • Around a third of all RTAs in Britain are thought to involve someone at work; and
  • According to the Labour Force Survey, there are an estimated 70,000 – 100,000 non-fatal work-related RTA injuries each year. Up to 40,000 of these cause the injured employee to be off work for more than three days.

Sadly, as work-related RTAs are not currently reportable under the national accident reporting system RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995),  IOSH says that it is not possible to be more precise with these figures.

RIDDOR

IOSH would therefore like to see work-related road traffic accidents included in RIDDOR.

It believes that this would lead to a reduction in the number of such accidents.

Consultation on simplifying RIDDOR

The professional body has been calling for the inclusion of work-related RTAs as a reporting requirement under RIDDOR since 2001, and reiterated the call recently in its response to the Health & Safety Executive consultation over proposed changes to RIDDOR.

The consultation sought views over proposals to simplify and clarify how businesses comply with the requirements under RIDDOR.

It also sought to implement changes recommended in the 2010 Government Report, ‘Common Sense, Common Safety’, by exploring whether RIDDOR was the best way to obtain accurate information on the scale of workplace accidents across the country.

Occupational road risks

Speaking at the start of November’s Road Safety Week, Richard Jones, head of policy and public affairs at IOSH, again highlighted the issue.

“Employers have clear duties under health and safety legislation in this country to manage work-related health and safety risks, which will include their occupational road risks,” he explained. “Employers who do not ensure employees can drive safely for work are as much at fault as those who don’t ensure employees can use workplace machinery safely.”

“It’s vital employers manage their occupational road risks just as they would any other health and safety risks, through good planning and by implementing sensible, proportionate precautions. As well as preventing enormous human suffering, it also makes good business sense,” he said.

Miller Samuel Solicitors are road traffic injury lawyers in Glasgow. Contact them for specialist legal advice.

How Long Can You Get Worker’s Comp For?

Worker’s compensation is designed to protect both employees and employers. When an employee is injured during the course of doing their duties, they can file a worker’s compensation claim to receive payment for lost wages, for medical expenses associated with treating the injury, and for partial or total disability if the worker is not able to return to work. By accepting the benefits payment, the employee is signing away their right to sue their employer for pain and suffering and other damages in civil court.

While you will start to receive your benefits after the insurer investigates your claim, you may be wondering how long you can collect benefits for any part of your claim. Read on and find out how long you can collect benefits and what you can do if you feel like the time you are given for compensation is not fair.

How Long Can You Receive Benefits For Lost Wages?

One of the main benefits of worker’s compensation is that you can receive compensation for lost time at work. While you will not receive all of your wages, you will receive a percentage of your after tax dollars (typically 80 percent). The total amount of time that you can receive compensation for your lost wages will vary from state to state. You must still be incapacitated and receiving treatment to continue collecting lost wages benefits.

If you are totally incapacitated, you may receive benefits for as long as you are unable to work, but the benefits can be reduced after a specified time. Temporary Total Disability benefits are paid to you up to the point that you are able to return to work if the doctor feels like you will, at some point, be able to return to work.

What if You Are Permanently Disabled or You Will Never Be Able to do your Normal Duties?

If you have a Permanent Partial Disability, it may affect your ability to find a new job in a new field. Typically, the insurer will try to settle your claim and give you a lump sum payment for loss of use or loss of a limb. In this case, you will need to decide what is right for you so that you can continue to live your life and enter a new field.

How Long Can You Receive Compensation for Your Medical Bills?

While there is typically a time limit on how long you can receive compensation for lost wages, you can receive compensation for your medical bills for as long as you are receiving treatment. Medical and rehabilitation benefits are paid for life as long as there is no lapse in treatment and all of the treatment is necessary. If you stop treatment and the injury starts to bother you again, you can request that the insurer reopen the claim if you still have time within the statute of limitations in your state. You also have the option to settle for future medical care if the insurer is offering a settlement.

Worker’s compensation time limits and statutes of limitations vary from state to state. If you feel like you have not been given a fair amount of time to recover, you have the right to contact the worker’s compensation board in your state or hire a worker’s compensation lawyer to fight for you. Make sure you get the benefits that you are entitled to, do your best to recover from your injuries, and rebuild your life even after your injuries.

Shop and supermarket accident claims

When you step out to do your weekly shop or pop down to the local corner shop, you would expect to go in, buy what you need and leave. However, sometimes accidents happen and you could sustain an injury, perhaps by slipping on a wet floor. As a result, it is important to understand how to make shop and supermarket accident claims.

Shops and supermarkets have a legal responsibility to ensure the safety of their customers at all times. There are a number of a health and safety laws that are in place which provide a set of specific procedures that shops legally have to carry out.

Types of shop and supermarket accidents

When you sit down and think about it, there are a number of potential hazards in shops and supermarkets that could result in some form of accident occurring. Featured below are some prime examples of where a successful personal injury claim has been made:

  • Slipping on a wet surface that wasn’t properly signed
  • Slipping or tripping in the car park
  • Being injured by sharp edges on shelving
  • Being hit by a falling object or unsecure display

If you have been involved in a situation similar to one of the above and it wasn’t your fault, you could have valid grounds to make a shop and supermarket accident claim.

How to make a shop and supermarket accident claim

As with any personal injury case, it is essential that you gather as much evidence as possible to support your claim. This could include witness statements, photographs and much more. If you talk to a personal injury solicitor they will be able to tell you exactly what evidence will compliment your case the most.

Once your solicitor feels that all of the appropriate evidence has been gathered and you wish to press on with the claim, your solicitor will make contact with the other side. They then have 3 months to respond and either reject or accept your claim. If they accept fault, both legal teams will negotiate and agreeable amount of compensation. However, if the claim is rejected, the case will go to court and be settled by a judge. Although, it is never in anyone’s best interests to go to court as there are often hefty legal fees involved in such a proceeding.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. We pride ourselves on offering easy to understand, plain English injury claims advice on a wide range of different injury related topics. There are also a number of extremely useful tools such as the Compensation Calculator, which can give you a compensation estimate in less than a second, and the Injury Claims Guide is at hand to answer all of your personal injury related questions.