Injured - The FindLaw Accident, Injury and Tort Law Blog

June 2013 Archives

'Distracted Walking' Sent 1,500 to ER in 2010: Study

Distracted walking, especially with a cell phone, results in a higher risk of pedestrian injury. As a result, more than 1,500 people were treated in U.S. emergency rooms in 2010, a new study finds.

The author of the study, Prof. Jack Nasar at The Ohio State University, adds that "cellphone use isn't just a danger to drivers," it can be hazardous to those who are simply walking, reports U.S. News and World Report.

Becoming a riskier pedestrian can also open you up to potential liability, which can be prevented.

Mom Sues Monster Beverage Over Son's Death

Monster Beverage Co. has been sued yet again by a parent who blames Monster Energy Drinks for causing her teenage son's death.

Alex Morris, 19, of Oakland, California, died from a cardiac arrhythmia last year. His mother Paula is alleging that Alex's death was caused by Monster Energy Drinks, which he habitually drank.

The wrongful death lawsuit asserts that Alex Morris would not have died if he had not consumed two cans of Monster energy drinks every day for the three years before his death, including the day he died, reports CBS News.

What will the mom have to prove to win her lawsuit?

Student Sues School for $2M Over Facebook Photo

A Georgia teen is suing her former high school after a school administrator used her Facebook photo in a presentation on the dangers of social media.

The now college freshman, 17-year-old Chelsea Chaney says she was "embarrassed" and "horrified" to learn that her alma mater was using a bikini-clad photo from her Facebook page to show students the risks of posting photos on Facebook, reports Atlanta's WSB-TV.

Chaney is requesting $2 million for her claims against the school district.

23 Boy Scouts Injured in Lightning Strike

Nearly two dozen New Hampshire Boy Scouts were hospitalized after a lightning strike Monday night, when a storm forced the boys to seek shelter.

Twenty-three Scouts were admitted for non-serious injuries including minor burns. The Scouts and their three Scout leaders all felt a tingling sensation following the strike, reports NBC News.

Luckily these Scouts were not seriously injured. But what if your child is injured by a lightning strike, or some other calamity, on their next group camping trip?

Hiring an Injury Lawyer? 5 Questions to Ask

Hiring the right personal injury lawyer is crucial, and there are many questions that you may have swirling in your head. That's not just from getting knocked down by that bicyclist, either.

Whether we like it or not, injuries are often unpreventable, as run-of-the-mill accidents happen all the time. But other types of injuries -- including intentional torts and economic injuries -- often are preventable, and may leave you aching for justice.

Luckily, with the right attorney, you can have your injury matter resolved as painlessly and as quickly as possible. Here are five questions you'll want to consider asking when hiring an injury lawyer:

Pool Hopping Injuries: Who's Liable?

Pool hopping, the latest foolish teen trend, is pretty self-explanatory: You hop from pool to pool, usually at night. It involves sneaking into multiple private or public swimming pools at night or during off-hours.

It might sound fun, but is it legal? And if someone gets hurt, who can potentially be held liable?

Jeep Liberty Baby Strollers Recalled; 18 Injured

About 96,000 Jeep Liberty baby strollers have been recalled by maker Kolcraft due to a projectile hazard. At least 18 people have been hurt.

The inner tube of the tire on the stroller can rupture, causing the wheel rim to fracture and fly off as a projectile, according to the Consumer Product Safety Commission's announcement. The strollers were sold at Sears, Toys R Us, and Burlington Coat Factory, as well as online and other retail stores between June 2010 and June 2013.

If you think you might own one of these strollers, here's what to look for:

How Do Car Recalls Work?

How do car recalls work?

You see the headlines, but may not know how the recall process works and how to deal with a malfunction. With Chrysler finally relenting to U.S. regulators after initially refusing to recall 2.7 million Jeep models, now might be a good time for a crash course we'll call "Recall 101."

Here's some basic information on how recalls work:

When Are Bars Liable for Overserving Alcohol?

Vendors, bars, and social hosts -- or as 18th Century England would like to call them, dram shops -- can be held responsible for injuries that result from their patrons' boozin' and cruisin'. But when does this liability attach?

Most states have some sort of dram shop law that allows DUI-related accident victims to hold a drinking establishment responsible for their injuries.

So when exactly are bars liable for overserving alcohol?

Butt Injection Deaths May Lead to Lawsuits

A Mississippi resident faces charges for illegal silicone butt injection deaths in two states. Civil lawsuits are possible as well.

Tracey Lynn Garner, also known as Morris Garner, was already accused in a Georgia woman's death from illegal silicone butt injections. Garner has now been charged with "depraved heart murder" in the case of an Alabama woman who died after getting the same butt-augmentation procedure.

Garner, 52, is a man who lives and dresses as a woman, The Clarion-Ledger reports. Garner is currently under house arrest.

Juneteenth Shooting: Boy Injured, Teen Arrested

In connection to a Juneteenth shooting, police in Ohio have charged a 15-year-old boy with felonious assault, reports The Columbus Dispatch.

The shooting, which occurred Saturday at the Juneteenth Festival at Franklin Park in Columbus, injured an 11-year-old boy.

Lovauntea J. Mickens is accused of firing a stray gunshot that hit the boy in the leg.

Miami Deck Collapse Injures 33 at Sports Bar

A Miami deck collapse left 33 people hurt, two of them seriously, at a waterfront sports bar Thursday night. Who could potentially be held liable for the injuries?

About 100 people were on an outdoor deck at Shuckers Bar and Grill, a popular restaurant in North Bay Village, watching the Miami Heat in the NBA Finals. About 9:20 p.m., the deck collapsed and sent dozens of patrons plunging into the shallow waters of Biscayne Bay, authorities told WTVJ-TV.

Witnesses say the deck collapsed after Heat fans jumped to celebrate their team's scoring a basket. Could that have contributed to the collapse?

Hands-Free Devices Distract Drivers: AAA Study

Hands-free technology in your car may keep your phone habits legal, but these devices are still dangerously distracting drivers.

A new study by the American Automobile Association's Foundation for Traffic Safety has found that both handheld and hands-free calls resulted in a "moderate risk" to drivers.

With these new findings, is it safe to keep using distracting devices in our cars?

Frozen Berries Recalled: 87 Sick in 8 States

An organic frozen berry mix that's been recalled is being linked to dozens of illnesses in eight states.

The frozen berry and fruit mix has reportedly led to at least 87 people getting sick. Of those, 36 have been hospitalized with acute hepatitis A infections, NBC News reports.

The mix in question -- Townsend Farms Organic Antioxidant Blend frozen berry and pomegranate mix -- is made by Townsend Farms Inc. of Fairview, Oregon. According to the FDA, packages with the following "Lot" and "Best By" codes have been recalled:

Fla. Boat Crash Sends 10 to Hospital

A boat crash in the Florida Keys sent 10 people to the hospital. Authorities are still working to determine the cause of the crash.

The collision occurred near Elliot Key on Sunday night, when a 36-foot Carrera powerboat carrying 16 people hit a smaller boat, causing the smaller craft to sink, reports the Associated Press.

Though many of the details are still unclear, both boat captains face potential liability for the injuries and property damage sustained in the crash.

Sober Man's DUI Arrest Leads to $500K Claim

A sober man's DUI arrest is turning into a sobering experience for police in Surprise, Arizona.

Jesse Thornton, a 64-year-old retired firefighter, hadn't been drinking when he was pulled over by police one night and arrested for a DUI. A Breathalyzer test confirmed his blood-alcohol level was zero, reports Phoenix's KNXV-TV.

After enduring a series of unfortunate events, Thornton has filed a $500,000 claim against the police department.

After Philly Building Collapse, Lawsuit Filed

A contractor blamed for causing a deadly Philadelphia building collapse last week is being held without bail. One injured victim has already filed a lawsuit, and more are likely.

Police say crane operator Sean Benschop, 43, tested positive for marijuana after the collapse that killed six people at a thrift store next to a demolition site. Benschop faces six counts of involuntary manslaughter and 13 counts of recklessly endangering another person, Reuters reports. Benschop's lawyer insists his client is not guilty, and that the building collapse was an accident.

But if there was indeed reckless action that led to the collapse, then the negligent parties may soon face a heap of legal trouble.

Summer Lovin': 3 Potential Ways to Sue After Sex

For many young singles, summer means plenty of new relationships and sexy flings with Australian girls named Sandy. But it can also mean you getting your pants sued off.

Summer lovers would be wise to remember these three potential causes of action that may follow getting some action:

Child Shootings: Are Parents Responsible?

Can parents be held liable for child shootings? The incredibly tragic act of one child shooting another seems to be occurring far too often these days, unfortunately.

Along with these sad acts occurring, there are usually an endless list of questions that beg to be answered.

One of them is most definitely going to be about the parents of the child who committed the act: Can they be held liable for the shooting?

Should you sue for medical malpractice? It's one way to get compensation for medical mistakes and omissions, but there are many factors for you and your medical malpractice attorney to consider.

In fact, "the great majority of patients who sustain a medical injury as a result of negligence do not sue," a 2006 study in the New England Journal of Medicine reported. But when patient-victims do sue and win, payouts can be substantial.

So what should you ask yourself before pursuing a lawsuit? Here are four general considerations:

Jenny Craig Lawsuit Claims Diet Led to Gallstones

The latest Jenny Craig lawsuit claims the name-brand diet caused gallstones -- about 1,000 of them, apparently, according to TMZ.

Mara Shapshay, a Los Angeles-based comedian who also writes for Glamour magazine, is suing Jenny Craig after she had to have gallstones removed from her body. She also blames the company for a recent miscarriage, and for causing abdominal pain, vomiting, and other side effects.

Jenny Craig knew its diet could lead to gallbladder disease, Shapshay alleges, and she is now suing them for unspecified damages. Should the company be concerned?

In Killer Bee Death, Is Anyone Liable?

A killer bee death in Texas has left a man's family in mourning. It also raises a few potential legal issues regarding liability.

Larry Goodwin of Moody, Texas, who just celebrated his 62nd birthday on Friday, was driving his tractor when it hit a pile of wood -- which included an empty chicken coop that contained 22 honeycombs. An estimated 40,000 killer bees swarmed and stung him to death, KCEN-TV reports.

Goodwin had apparently been on his neighbor's property when he upset the hive. The neighbor's wife and daughter tried to help, and got stung approximately a hundred times between the two of them. One of these women also remain in critical condition.