Injured - The FindLaw Accident, Injury and Tort Law Blog

October 2013 Archives

NYC Stores Facing 'Shop and Frisk' Lawsuits

Macy's and Barneys stores in New York City are facing so-called "shop and frisk" lawsuits by customers who believe they were victims of racial profiling.

In the past week, a firestorm of discrimination allegations against the stores have been splashed across headlines, sparking public outrage, a string of lawsuits, and even an investigation by New York's Attorney General.

What will the shoppers need to prove in order to prevail in their lawsuits?

Girl, 13, Wins $150M Wrongful Death Verdict

A California jury has awarded $150 million to a 13-year-old girl in a wrongful death case. Kylie Asam watched three of her relatives burn to death in a fiery car crash in 2009; a truck driver and a trucking company were to blame, the jury found.

Asam, who was 9 at the time of the crash, crawled out of the burning SUV with her 11-year-old brother, The Associated Press reports. Asam's parents and another brother were killed; her surviving brother later committed suicide.

What led up to the crash, and what may be behind such a huge jury award?

Utah Music Venue Sued Over DUI Death

The mother of a Utah man killed in a DUI crash is suing a Salt Lake City-area music venue for at least $1 million, claiming bartenders over-served her son at a Megadeth concert.

Tanya Wallace of West Jordan, Utah, brought the suit after her son Joshua died in a crash after leaving the Great Saltair, a concert venue on the shore of the Great Salt Lake.

Wallace alleges that Great Saltair employees violated state dram shop liability laws and could have prevented her son's death.

Red Bull Wrongful Death Lawsuit Seeks $85M

Red Bull is being sued in an alleged case of wrongful death. A Brooklyn man's heart allegedly stopped after he polished off a can of the energy drink, the New York Daily News reports.

Cory Terry was 33 when he died of a heart attack in 2011, allegedly after drinking Red Bull during a basketball game. His relatives are now suing the drink company for $85 million in what's believed to be the first wrongful death suit against Red Bull.

But will the suit succeed? Here's a breakdown of what the victim's family will have to prove in a wrongful death case:

Top 10 Ways to Prevent Trick-or-Treat Injuries

Halloween -- a favorite celebration for many, if not most, kids -- is just around the corner. But with the excitement of Beggar's Night comes the scary prospect of potential injuries caused by candy, costumes, and even car-pedestrian accidents.

If you and your child plan to go trick-or-treating for Halloween, what are some of the best ways to prevent trick-or-treat injuries?

Here are 10 injury-prevention tips for Halloween that you may want to consider:

Pepper-Spraying Cop Gets $38K in Workers' Comp

Remember the notorious pepper-spraying cop? Ex-UC Davis police Lt. John Pike is now getting $38,055 in a workers' compensation settlement from the university, The Sacramento Bee reports.

A workers' compensation claim typically provides employees with benefits or a remedy for their on-the-job injuries. Public safety personnel, like firefighters and police officers, are no strangers to work-related injuries.

In Pike's case, he infamously pepper-sprayed a group of "Occupy" protesters at a campus sit-in in 2011. So what injuries did he claim in order to receive workers' comp?

Why Remove an Injury Case to Federal Court?

When a plaintiff files a lawsuit in state court, an opposing party may try to remove the case to federal court. Lawyers for Walmart are trying to do this in one woman's slip-and-fall case; KFC's lawyers did it in another. But why?

As the above cases show, when parties are in the throes of a lawsuit, one of the initial battles between the parties is over venue.

Here are a few reasons why lawyers try to remove injury cases to federal court:

Rock-Pushing Video May Affect Injury Suit

A video of a Utah man pushing over an ancient rock formation may mean trouble for the man's recent personal injury lawsuit.

According to Salt Lake's KUTV, Glenn Taylor was leading a Boy Scout troop in Utah's Goblin Valley State Park earlier this month, when he was recorded toppling a large boulder in a video that later went viral.

Taylor had filed a lawsuit in September, claiming debilitating injuries to his back from a 2009 car crash. How could this rock-pushing video potentially affect his case?

Is 'Lane Splitting' Legal?

"Lane splitting," the practice of riding a motorcycle down the dividing line between two lanes of traffic, is practiced by motorcycle enthusiasts nationwide. But is lane splitting legal?

There aren't any federal laws addressing the issue, but some state laws do address the practice of lane splitting. However, many states' traffic laws don't mention lane splitting at all.

Here's what you need to know about state laws regarding lane splitting:

5 Tips for Dealing With Parking Lot Accidents

Parking lot car accidents and crashes can be just as costly as those that occur on roadways. In many cases, they can be just as serious.

In one recent incident in Florida, former Orlando Magic player Chris Duhon was the victim of a hit-and-run in a parking garage, Orlando's WOFL-TV reports. It resulted in the ex-NBA player spending the night in a hospital; the driver who hit him could face criminal charges if caught.

Of course, not all parking lot accidents result in injuries or criminal consequences. But even minor dings and dents are still measurable damages to your car. Here are five tips that can help you deal with parking lot accidents:

Camp Sued for $41.7M Over Girl's Lyme Disease

Two New York parents are suing a summer camp for $41.7 million after their daughter contracted Lyme disease at the camp.

The parents are accusing the YMCA's Camp Mohawk in Connecticut of failing to monitor and protect their daughter, who now suffers from neurological problems as well as sleep disorders and chronic pain.

The federal lawsuit alleges camp staffers repeatedly misdiagnosed her and failed to follow their own safety precautions, The Associated Press reports. But is the camp actually liable for the injuries?

In a Chase, Are You Liable for a Crash?

If you're involved in a car chase, who's liable if it ends in a crash? This is one of many questions being raised after a violent car crash that occurred in Detroit last month.

Police claim a man was allegedly chasing his girlfriend on the freeway. The girlfriend drove over a guardrail and crashed into an oncoming pickup truck, killing four people. The boyfriend who allegedly started the chase was taken into custody, Detroit's WJBK-TV reports.

While it may appear obvious who caused this chase and deadly crash, in other cases the facts may not be so clear. Here are a few factors to consider when it comes to liability for car chase injuries:

Fla. Boy, 6, Drowns on Carnival Cruise

A young boy drowned while aboard a Carnival Cruise, reportedly the first time a child has drowned aboard one of the company's ships.

Qwentyn Hunter, 6, of Winter Garden, Florida, was a passenger aboard the Carnival Victory. He was with his older brother in one of the pool areas when the incident occurred Sunday.

Hunter was pronounced dead at the scene despite attempts to perform CPR once he was pulled from the water, according to CBS News. Police say the drowning appeared to be an accident.

Citing Safety, Minn. Cities Want Lower Speed Limits

Minnesota residents are citing safety concerns in arguing for lower speed limits statewide, urging state legislators to lower change the laws in order to save lives.

The Pioneer Press reports that this issue has been buzzing from the suburbs to Minnesota's capital, with many in favor of lowering the speed limit on residential streets from 30 mph to 25 mph.

What evidence is there to support a lower speed limit, and will the Minnesota legislature go for it?

Mars Heiress Involved in Fatal Car Crash in Va.

Mars chocolate empire heiress Jacqueline Badger Mars was involved in a fatal car crash after her Porsche SUV crossed a median and struck a minivan carrying six people in Northern Virginia. An 86-year-old woman was killed.

The billionaire candy company heiress, who turned 74 on Thursday, was ranked by Forbes as the world's seventh richest woman, reports The Associated Press. She's the third richest woman in the United States.

Her extraordinary wealth may very well set the stage for a wrongful death claim for a staggering amount.

More Schools Banning 'Tag' Because of Injuries

Are schools actually banning tag at recess? Yes, the beloved classic game of kids chasing each another around to "tag" one another is actually raising some concerns at many schools because of injuries that have resulted, The Associated Press reports.

For example, one elementary school in Nashua, New Hampshire, recently infomed parents it is prohibiting games of "tag" and reinforcing its "no contact" rule when it comes to recess.

While many may feel this is unnecessary, the New Hampshire school is not alone. Aside from general safety concerns though, there are legal reasons behind this move too.

DUI Crashes: 5 Factors for Victim Compensation

In a DUI crash lawsuit, victim compensation can be based on a number of different factors.

For example, 23-year-old Cole Jolley of Texas has been struggling his entire life to recover from a brain injury he suffered as an infant when his family's car was hit by a drunken driver, as Dallas' WFAA-TV recently reported.

The possibility of a lifetime handicap is just one of many factors courts will use to balance compensation for DUI crash victims. Here are five of the most common factors:

Boy, 7, Gets 2nd-Degree Burns From School Lunch

One first-grader in Philadelphia who suffered second-degree burns from his school lunch may be bringing his own lunch to school from now on.

When Ja-Kye Robinson couldn't get his bag of taco meat open, he did what any 7-year-old would do out of frustration: He punched it open. The extremely hot meat ended up splattering all over his face, causing him second-degree burns.

But what potential legal recourse does his family have?

Can Criminal Charges Affect Car Crash Lawsuits?

Many car crashes lead to criminal charges, which in many cases can speed up the pace of otherwise costly litigation.

But how do criminal charges impact a civil car crash case?

Boston Bombing Victims Seek More From Charity

Six months have passed since the deadly explosions at the Boston Marathon. For many victims like Joanna Leigh -- a 39-year-old with a Ph.D. who suffered a traumatic brain injury at the marathon -- getting access to sufficient financial assistance has become struggle of its own.

Leigh and a number of other victims are seeking more money from The One Fund charity for survivors.

Mo.'s Uninsured Driver Law Takes Effect Oct. 11

A new law limiting an uninsured driver's right to sue in Missouri takes effect October 11, after Missouri's legislature voted to override Gov. Jay Nixon's veto of House Bill 339.

In Gov. Nixon's veto message, he expressed concern that the bill was "riddled with ambiguity that will generate excessive litigation over how and to whom its provisions would apply." But Missouri lawmakers apparently did not agree.

What is HB 339, exactly? Here's a general overview:

Spike in ER Visits for Child Head Injuries: Study

Children are increasingly suffering from traumatic brain injuries, and a new study has linked this increase in head trauma to kids in sports.

The study focused on nine years (2002 to 2011) of emergency room visits at the Cincinnati Children's Hospital Medical Center, and found that 15 percent of children's brain injuries were sports-related, CBS News reports.

What does this trend mean for child athletes and their teams?

What Is Car Accident Fraud? What Can You Do?

Car accident fraud is a real thing. In fact, Los Angeles County recently received a $6.9 million grant to crack down on staged car crashes, as the county has been dubbed the fraudulent accident capital of California, Los Angeles' KPCC-FM reports.

It goes even beyond just staging a car accident. The grant money will be used toward combating car insurance fraud rings, which often include fake victims, unscrupulous doctors who will diagnose fake injuries, and even unethical lawyers who will file fake claims.

What is car accident fraud, exactly? And what can you do if you suspect you're the victim of fraud or a staged crash? Here's a general overview:

UC Berkeley Explosion Injures At Least 5

An explosion rocked the UC Berkeley campus on Monday night, causing students to be evacuated and leaving at least five people injured.

The San Francisco Chronicle reports that the blast left one person hospitalized and at least four others with minor injuries. University of California, Berkeley spokesman Dan Mogulof speculated that the explosion was caused by "a copper theft in Berkeley last week."

What kind of liability could the university potentially face from the explosion?