Tuesday, June 02, 2009

Wrongful Death Claim Filed After Wheelchair Accident in California

The family of an elderly woman who died after a wheelchair accident has filed a wrongful death claim. The accident occurred at a Del Taco restaurant; the woman was being pushed by her son down a defective ramp when she fell off and suffered serious injuries in March 2008.

The lawsuit claims that the ramp the woman fell off was steeper than it legally should have been and that there were no rails on the ramp at the time of the accident. As a result of the wheel chair accident, the woman suffered a heart attack and traumatic brain injuries that left her in a coma for over a week.

Although the woman came out of her coma, she died earlier this year and her family claims that the wrongful death is a direct result of the injuries she suffered from the premises liability accident. The lawsuit is being filed against the City of Simi Valley because they are the ones who signed off on the ramp and allowed the business to open.

In addition to recovering compensation for their pain and suffering, the family may be able to recover compensation for medical costs, funeral costs, and lost wages. If you or one of your loved ones has suffered any form of injury after a premises liability accident, you should consult an experienced premises liability lawyer to see if you are able to recover compensation.

If you have a premises liability or wrongful death claim in the Southern California area, please contact the Law Offices of Jacoby & Meyers today to schedule a consultation.

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Wednesday, May 20, 2009

Illinois Woman Seeks Compensation After Slip and Fall Accident

A woman in Illinois is suing a bar and restaurant after she fell and suffered serious, permanent injury to her knee. In addition to the knee injury, the woman incurred medical expenses and lost wages when she was unable to perform her job after the accident.

The woman claims that she was attempting to walk from the bar area of the restaurant to the patio when she slipped and fell on the floor of the restaurant. Just before she walked across the room, an employee was allowed to mop the floor, leaving it wet and slippery without appropriate warning to customers.

The lawsuit claims that the restaurant is responsible for allowing the employee to mop the floor in an area where customers could injure themselves. This lawsuit is an excellent example of how common slip and fall cases can be. From this seemingly small mistake of mopping the floor, a woman has now suffered a great deal of pain and economic losses.

Slip and fall accidents can be very serious. While this woman only injured her knee, in other slip and fall accidents, people can suffer neck injuries, brain injuries, and spine injuries.

If you have a slip and fall claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C. today to schedule a consultation.

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Thursday, May 07, 2009

Wal-Mart Settles with Nassau County DA in Black Friday Stampede

Wal-Mart reached an agreement with the Nassau County District Attorney in relation to incidents stemming from a stampede at one of their Long Island stores on Black Friday. Last November, shoppers looking to take advantage of early Christmas deals stormed the store, injuring several employees and shoppers in the process. One employee died in the stampede.

As part of the settlement, Wal-Mart avoids criminal prosecution over the death of their employee. It also ends the investigation that has been conducted by the District Attorney's Office since last November.

The agreement requires Wal-Mart to comply with the following provisions:

  • Develop a crowd management plan for post-Thanksgiving Day sales events at all 92 stores in the state, which will be approved and monitored by a third party safety team
  • Establish a $400,000 victim's compensation fund to repay expenses for victims -- expenses covered will include lost or damaged property, lost wages, and medical bills from injuries sustained
  • Provide a $1.5 million grant to Nassau County social services and nonprofit groups
  • Set aside 50 jobs to Nassau County teens at the county's five store locations for the next three years

Wal-Mart did not have to admit to any wrongdoing as part of the settlement. The District Attorney felt that this was a much better resolution to the case than prosecuting Wal-Mart on criminal charges. By law, a corporation cannot be sentenced to jail. The maximum fine they could have received for the incident was $10,000. By cutting this deal with Wal-Mart, the DA was able to force the company to make sweeping changes to its safety policies that will hopefully benefit all 92 stores in the state.

If Wal-Mart fails to comply with any portion of this agreement in the next three years, the District Attorney's Office has the right to reopen the investigation and resume criminal prosecution.

Injured victims still have the option of not accepting compensation through the established fund and instead filing a premises liability lawsuit against Wal-Mart. However, by opting out of the settlement plan, injured victims risk not receiving any compensation at all. The corporation also still faces a wrongful death lawsuit from the family of the employee who died in the incident.

If you have wrongful death claim in the Long Island or New York City areas, please contact the Law Offices of Silberstein, Awad & Miklos, P.C. today to schedule a consultation.

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Monday, April 20, 2009

Woman Injured by Collapsing Wall at Denny's

Faye Hall, a 40-year-old Memphis resident, was critically injured leaving Denny's after breakfast this past Sunday. As she was exiting the building, a large sign detached from the side of the building, causing the 2 story wall to which it was attached to collapse. Hall was buried underneath the debris.

When Hall was rescued from under the rubble, she was conscious but in critical condition. She was taken to a nearby hospital for medical attention. Surgery was performed on her that afternoon. She currently remains in critical condition.

Police officers have blocked off the adjacent streets while they try to figure out if the rest of the building is safe. Investigators currently do not know what caused the building's tragic collapse.

Property owners, including business proprietors, have an obligation to maintain safe conditions for guests on their property. When a property owner fails to take the steps to ensure a safe environment, he is guilty of premises liability and may be responsible for compensating you for any injuries you sustain.

It is important to consult an experienced premises liability lawyer immediately following your accident. These cases are often time sensitive, and your attorney will need to gather evidence from the accident scene before the unsafe conditions are altered by the property owner.

If you have a premises liability claim in the Jacksonville, Florida area, please contact the Law Offices of Hardesty, Tyde, Green, & Ashton, P.A. today to schedule a consultation.

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Monday, April 13, 2009

Hundreds of Hospital Patients Potentially Exposed to Tuberculosis

A 26-year-old female resident in Northwestern's medical training program has exposed hundreds of hospital patients and employees to tuberculosis, placing them all at risk of contracting the disease. The doctor-in-training has been on rotations at Northwestern Memorial Hospital, Prentice Women's Hospital, Children's Memorial Hospital, and Evanston Hospital. Hundreds of patients have been placed at risk between November 2008 and April 2009.

It is still uncertain precisely how many people have been exposed to TB throughout the Chicago area hospitals, but at Children's Memorial Hospital alone, approximately 150 children and 300 employees may be at risk. At the moment, no one exposed to the resident, including her family, has tested positive for TB.

Northwestern is currently contacting and evaluating many other patients who may have been affected due to receiving medical care from the resident.

Hospitals have an obligation to maintain a sterile environment in order to prevent the needless spread of dangerous diseases and infections to the many patients in their care. When hospitals fail to provide a safe environment for their patients, they are guilty of premises liability and must be held accountable for their actions.

It is important to consult an experienced premises liability attorney if you have developed a serious illness or condition from a hospital's negligent upkeep of their facilities. You may be eligible to receive compensation for your damages.

If you have a premises liability claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.

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Wednesday, March 18, 2009

Hospital Discovers Deadly Bacteria in Neonatal Unit

Miami Children's Hospital has moved children from the Neonatal Intensive Care Unit (NICU) into another section of the hospital in order to cleanse the ward of toxic substances. At least two strands of pseudomonas, a fatal and drug-resistant bacteria, have been discovered in the NICU recently. Two babies have died from exposure to the toxic substance within the past week.

The NICU at Miami Children's Hospital is responsible for treating premature or sick newborn babies. Doctors who had originally planned on sending newborns to the NICU for treatment have been making alternate arrangements as a precautionary measure.

Hospitals have an obligation to maintain a safe environment for their patients. This includes ensuring that hospital wards are sterile and sanitary so that sick patients with already weakened immune systems do not suffer needless harm from exposure to toxic substances. This obligation is especially important in a children's ward or a neonatal area. When a hospital fails to maintain a safe environment for its patients, it is guilty of premises liability and should be held accountable for its negligent actions.

Most likely, Miami Children's hospital will face two premises liability or possibly even wrongful death lawsuits for failing to remove the deadly bacteria before young children became sick and died. When you or a loved one has suffered an illness or injury due to the unsafe conditions at a hospital, you should consult an experienced premises liability attorney immediately to find out if you are eligible to receive compensation for your damages.

If you have a premises liability claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.

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Monday, June 09, 2008

Automated External Defibrillators Save Lives

According to the American Heart Association, over 450,000 adults die of sudden cardiac arrest every year. There are no statistics kept on the number of children who die each year, but it obviously happens. This is exactly the situation the Levine family found themselves in almost three years ago as their 9-year-old son, Robbie, died running bases at Little League practice in Merrick, New York.

As Robbie's dad and coach, Craig Levine, watched his son run the bases and then collapse as he got to home plate. Levine ran to his son, and noticing he didn't have a pulse, began to administer CPR. It took nearly seven minutes for an ambulance to arrive. Robbie was pronounced dead when he arrived at the hospital.

Turning Tragedy into Action

Jill Levine found herself wondering how a previously healthy boy's heart could simply stop. Rather than succumbing to grief, and with two other young children to raise, Levine turned to raising awareness about the need for automated external defibrillators (AEDs) to be on-hand during youth sports. While there are more defibrillators in schools than there used to be, there are not many that are brought to youth sport practice and games. The Levine family aims to change this though the Robbie Levine Foundation.

AED

The AED is a portable device that diagnoses life threatening cardiac problems, such as arrhythmia, ventricular tachycardia, and ventricular defibrillation. Through defibrillation, or stunning the heart to try to get it to reestablish an effective rhythm, the person being treated may have a better chance of survival than with CPR. It is important that use of an AED is done quickly before brain damage or death occur.

AEDs are designed to be used by people who are not emergency personnel, such as teachers, coaches, parents, or others where AEDs may be present. Their use is taught in many CPR, first aid, basic life support, and first responder classes. Because their use is fairly simple, parents like the Levines, would like to see them present in more places.

The placement of AEDs is as important as learning to use them. Government buildings, universities, schools, airports, casinos, shopping centers, and sport stadiums have them. However, making them available to more people in more places is what is needed. Also, because many may be concerned about being held liable if the AED doesn't work or if the victim dies, there is something called "good faith" use in most states, and is covered under Good Samaritan laws. Finally, the risks of using an AED are minimal. Shock to the operator or others touching the victim can occur, as well as skin burns from electrodes, blood clots, and abnormal rhythms are a possibility. Still, these seem small potatoes when using one in a timely manner is the difference between life or death.

If you believe a loved one could have been saved through the use of an AED, and one was not available, please contact an experienced injury lawyer in your area.

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Wednesday, May 14, 2008

Foam Manufacturers Agree to Settle in R.I. Nightclub Fire

The fire that killed 100 people in 2003 at a Great White rock show in Rhode Island has seen another chapter close. Foam manufacturers including Leggett & Platt, Inc. and Wm. T. Burnett & Co. have agreed to pay $30 million to settle lawsuits brought by survivors and family members of those killed at the Station night club. The amount of payments now exceeds more than $100 million and includes past settlements with well-known companies such as Home Depot and Clear Channel Broadcasting, as well as several fireworks manufacturers. These latest settlements must now be approved by those who have sued, as well as the federal judge overseeing the case.

The fire began just as Great White started when flammable egg crate foam on the walls and ceiling were touched off by on-stage pyrotechnics. The foam was meant to soundproof the nightclub. While it is not clear which company made the foam, the club owners, Jeffrey and Michael Derderian, bought it from American Foam Corp. American foam has also been sued.

The survivors and family members of victims' lawsuit allege the foam was sold without any flame-retardant and that toxic smoke and gases were produced when it caught fire. The lawyers contend the companies failed to satisfactorily test their foam before being distributed and sold, as well as failing to let users know of the foam's danger.

Great White's former tour manager Daniel Biechele, who lit the pyrotechnics, pleaded guilty to 100 counts of manslaughter and spent 22 months in prison. The Derderian brothers both pleaded guilty to the same charges. Michael Derderian is currently serving four years while his brother, Jeffrey, was spared jail time.

If you have been injured or lost a loved one due to another's negligence, please contact an experienced personal injury lawyer in your area.

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Monday, May 12, 2008

Sinkhole Suspicion Points toward Company Involvement

A massive sinkhole that opened up near Daisetta, Texas may have been the result of too much saltwater being pumped into the ground by a company called Deloach Vacuum Services. Deloach was given a permit by the Texas Railroad Commission to dispose saltwater waste. Saltwater is a byproduct of oil production, and is stored underground to avoid contaminating the environment.

The sinkhole measuring 900 feet across and 260 feet deep has reportedly slowed or even stopped. It swallowed trees, telephone poles, oil barrels, and a number of vehicles between Tuesday and Thursday. It has also closed the main street of Daisetta. While geologists believe the sinkhole may be related to pumping saltwater into the ground, Daisetta sits on a salt dome where oil and natural gas have accumulated for millions of years. The town was "poised for potential sinkhole problems."

Deloach has received two violations in the past: One for exceeding the amount of wastewater it was allowed to inject into the ground, and one for failing to test for leaks on the disposal well before the end of April. The first violation resulted from Deloach injecting between 128,000 and 192,000 barrels of waste water per month when they were only supposed to inject 90,000 barrels per month.

Small sinkholes began opening up around Daisetta in the 1980s, but this is the biggest the town has seen. The next time might be even bigger, swallowing houses and more. And, though the cause of the sinkhole has not been determined, fingers are pointing at Deloach for helping to bring on the damage. Does this make them responsible, and if so, are they going to be held responsible, or is the state of Texas going to be the sole party doling out financial assistance, as seems the case right now?

If you are in need of an injury lawyer with experienced in premises liability, construction accidents, or any other type of negligence, please contact one in your area to have your claim evaluated.

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Thursday, January 03, 2008

Israeli Heart Association Calls for AEDs in Public Places

The Israeli heart association encouraged the Ministerial Committee on Legislation to vote in favor of a law requiring the installation of automated external defibrillators (AEDs) in public places. Cardiovascular disease kills more people in the Western World than any other cause, and cardiac arrest (heart attack) is its most common condition leading to death. Once a person suffers a heart attack and blood flow to the brain ceases, a person will suffer immediate brain damage and die within a few minutes. But if a person receives an electric shock to the heart within the first seven minutes, as many as 90% of cardiac arrest victims will survive the incident.

In the US, it is already the law that AEDs be installed in all public places. Laws requiring AED installation have been passed in all 50 states, including Florida, but the AEDs are often missing. If you or someone you love suffered a heart attack but there was no AED nearby, the loss you suffered as a result, whether it is the death of a loved one, brain injury, or emotional trauma is a result of the negligence of the property owners. You not only have a right to bring a lawsuit, you have a responsibility to sue to get an AED in place, to save someone else from the same or greater loss. To learn more about your options, contact the Florida heart attack injury lawyer at the Law Offices of Craig Goldenfarb, P.A. to discuss the merits of your possible case.

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Disclaimer: The information throughout The Personal Injury Directory is not intended to be or to replace legal advice. The information throughout The Personal Injury Directory is intended to provide general information regarding personal injury law. If you are interested in bringing a personal injury lawsuit, contact a personal injury attorney in your area.