Injured - The FindLaw Accident, Injury and Tort Law Blog

June 2014 Archives

If Police Shoot Your Dog, Can You Sue?

For various reasons, police sometimes shoot and kill dogs. But their owners typically have recourse to sue.

You probably won't see a police officer serve any jail time for shooting your dog, but you can make him or her pay for it in court. However, police officers have built-in legal defenses to suit.

So when police shoot your dog, when can you sue?

Injured at a Public Pool? 3 Tips for Filing a Claim or Lawsuit

When summer hits, public pools can be a great place to cool off and enjoy some time in the sun.

But what happens if you or your child are injured at a publicly owned swimming pool? How do you go about seeking compensation for your pain, medical bills and other injuries? Whom can you hold responsible?

Here are three tips for filing a claim or lawsuit if you're injured at a public pool:

When Police or Prosecutors Won't Act: 3 Ways to Sue in Civil Court

It may be frustrating when police or prosecutors don't take action when someone has wronged you, but you have rights to recover in civil court.

Even if an investigation has cleared someone of criminal liability, you can still sue that person for the damages they're responsible for. Pop star Justin Bieber recently learned this the hard way after being slapped with a civil suit over an alleged hit-and-run in 2013, after police determined no crime had been committed.

Here are three common ways to sue for damage or injuries that may not rise to the level of criminal culpability:

Do You Need Insurance for a House Party?

House party planners might want to consider an insurance policy before kicking off their next rocking residential rager.

If the movie "House Party" has taught us anything (and it hasn't), it's that in any decade, a house party can be full of injuries, property damage, and hilarious hijinks. But real life is rarely as funny, and you could wind up in court for what happened at the party.

So do you need insurance for a house party?

Can a Car Owner Be Sued for Another Driver's Accident?

Most people are aware that car accidents commonly result in personal injury lawsuits.

However, most probably don't know that they can be held liable in a car accident lawsuit involving their vehicle, even if they weren't driving or even riding in the car at the time of the accident.

How can a car owner be sued for an accident he or she wasn't physically involved in? Here are a few ways it can happen:

Are Campground Liability Waivers Legally Enforceable?

Camping this summer? Don't forget the campground liability waiver. And you might want to spend some time reading it this time, because most of them are likely to be legally enforceable.

So whether you're sending your kids off to Camp Wannagohoam or planning a family adventure at a public or private campground, think about these legal features of campground liability waivers:

Journalist Arrested for Recording Police Gets $200K Settlement

A New York photojournalist arrested for videotaping police has settled his case against the police department for $200,000. The department also promises to train its officers on First Amendment rights.

With the proliferation of cell-phone cameras and inexpensive digital video recorders has also come increased instances of both journalists and members of the public being arrested for recording the police. The U.S. Supreme Court tacitly affirmed the right of the public to record police activity in 2012 when it denied review of a lower-court case that struck down an Illinois law outlawing the practice.

What did police do wrong in this case, and what are your rights when it comes to recording the police?

Central Park Jogger Settlement: $40M for 5 Wrongfully Convicted

More than 25 years after five teenagers were wrongly accused, convicted, and imprisoned for raping a jogger in New York City's Central Park, the city has reportedly agreed to settle their civil-rights lawsuit for $40 million.

The teens -- who were between 14 and 16 at the time of the attack -- claimed that the confessions used to convict them were coerced by police. Many at the time also felt that the arrests had racial motives. The victim, a 28-year-old investment banker, was white; the juveniles were all black or Hispanic. The five were all convicted and sent to prison, serving sentences of between five and 13 years.

What led to their exoneration and the pending settlement of their long-running civil rights lawsuit?

Mom Sues School, 3rd Grader Over Son's Bullying, Abuse

A suburban Chicago mom is suing her third-grader's school and the bully she claims routinely attacked her son, along with the alleged bully's parents.

Deveri Del Core's complaint, filed on behalf of her son, alleges he's been the victim of weekly beatings and death threats over the past year. According to Reuters, Del Core was also fired from her job in the school's cafeteria after she filed the complaint.

If the allegations are proven, what kind of liability could the school and the bully's parents face in court?

Wrongful Imprisonment: 2 Potential Ways to Sue

Wrongful imprisonment lawsuits can try to use two different tactics when seeking compensation for those wrongfully incarcerated.

The first is the most sensical: a suit by the former inmate against the city, state, or federal entity which imprisoned him or her. The second involves suits by the ex-inmate's family members, claiming their lives have been tragically altered by their loved one's incarceration.

How do these two types of wrongful imprisonment suits work?

After a Deposition, What Happens Next?

A deposition can be a stressful process, but what happens afterwards?

Many deponents — aka the people who are questioned in a deposition — feel anxious about the next legal steps following a deposition.

To put your minds a bit more at ease, here are a few things that commonly take place after a deposition concludes:

Disabled Woman's Parents Sue Walmart Over Shoplifting Arrest

A mentally disabled woman's parents are suing Walmart after a bizarre incident which ended in a shoplifting arrest.

Jodi Kozma, 25, of Novi, Michigan, has the mental capacity of an 8-year-old. Yet while shopping at a Walmart in the Detroit suburb of Livonia, she was "muscled to the floor" by police who suspected her of stealing hair ties, reports the Detroit Free Press. Kozma's parents are now suing Walmart and the Livonia police for excessive force and emotional scarring.

What case does the Kozma family have against Walmart and the police?

If You're Hit by a Foul Ball, Can You Sue?

It seems dangerous to let thousands of people sit and have solid objects be hit towards them at high speeds by exceptionally strong men.

Yet that’s exactly what happens at baseball stadiums across the country every night during baseball season. Foul balls get hit into the stands and spectators — such as the 8-year-old boy recently hit in the head by a foul ball at an Atlanta Braves game — are at risk of getting plunked.

The question is: If you get hit by a foul ball at a baseball game, can you sue?

Peoria Twitter Faker Sues City After Charges Dropped

The man who created a fake Twitter account to parody the mayor of Peoria, Illinois, is now suing the city over his arrest.

Jonathan Daniel was suspected of creating and running the @peoriamayor Twitter account and was arrested after police raided his home in April. Mashable reports that the State's Attorney for Peoria County decided to drop the charges for impersonating a public official, but Daniel isn't done with the city just yet.

What legal beef does this Twitter faker have with Peoria?

Skydiving Liability Waivers: 3 Legal Clauses Explained

To mark his 90th birthday, former President (and former World War II fighter pilot) George H.W. Bush parachuted from a helicopter this morning with former members of the U.S. Army's Golden Knights parachute team.

And while we don't know if the former president had to sign a liability waiver before making his most recent jump, you in all likelihood will, should you ever choose to go skydiving.

But what do the various clauses in a typical skydiving liability waiver actually mean? Here are three of the most common legal clauses explained in layman's terms:

Can You Sue Someone for Giving You an STD?

When you find out that you've contracted a sexually transmitted disease (STD), your first thought may be how to get justice on the person you believe is responsible. In many cases, the person who infected you may be as clueless as you were about having an STD.

However, based on your state's laws and what your partner may have known, you may be able to sue him or her over an STD infection.

GM Recall Cases Consolidated, Sent to N.Y. Federal Court

Lawsuits against General Motors for alleged recall-related financial injuries have been consolidated and will be heard in a New York federal court.

U.S. District Judge Jesse Furman of the Southern District of New York will hear more than 80 lawsuits filed by GM customers who claim their vehicles lost value as a result of the recent ignition switch recall, Reuters reports.

What comes next for this GM recall case?

Soccer-League Leg Injury Leads to $2M Lawsuit

A Virginia man who suffered a broken leg during a recreational-league soccer match is suing a fellow player for $2 million.

Drew Sellers, 36, of Norfolk, was playing in a Southside Men's League game in Virginia Beach in 2012, when he claims another player named Isaiah Ruhl purposely kicked him in the lower leg, breaking his tibia and fibula bones.

Inquiring minds may be asking: Doesn't playing organized sports mean assuming the risk of injury?

Hospital Sued Over Patient Records Posted on Facebook

A patient is suing a hospital for posting her patient records on Facebook, after her sensitive information appeared on a Facebook page called "Team No Hoes."

Shawntelle Turley was treated at the University of Cincinnati Medical Center (UCMC) for syphilis, but she likely never imagined that her medical bills and diagnosis would be shared on Facebook. According to the The Cincinnati Enquirer, Turley's ex-boyfriend and at least two UCMC employees are also being sued for releasing her medical info on Facebook.

Can a hospital post your diagnosis to Facebook?

Low-Testosterone Treatment Lawsuits: 5 Common Questions

With more men seeking treatment for low testosterone, so-called low-T treatments are leading to an increasing number of lawsuits from those who claim they suffered adverse health effects.

Though many men claim that the positive effects of low-T therapy outweigh the risks, Reuters reports that a public advocacy group is petitioning the U.S. Food and Drug Administration to put a "black box warning" on the drugs -- the agency's most serious warning -- based on growing evidence that the drugs can increase the risks of heart attacks and other cardiac dangers.

Here are answers five questions you may be asking about these low-T treatment lawsuits:

Top 10 Tips to Prevent Boating Accidents, Injuries

What better way to celebrate National Boating and Fishing Week than to review some solid tips to prevent boating injuries?

If you answered "by getting on a boat, fishing, wakeboarding, or otherwise enjoying America's ample collection of amazing waterways," you're definitely right.

But in the interest of "safety first," before you hit the H20, check out our Top 10 tips for preventing boating injuries:

4 Oil-Rig Workers Win $1.3M Brain-Injury Lawsuit

Four electricians who suffered severe brain injuries in a work-related accident on an oil rig have been awarded $1.375 million by a Texas court. Three companies -- Fire and Safety Specialists Inc., Noble Drilling Services Inc., and Keppel Amfels LLC -- will be footing the bill.

As reported by Harlingen, Texas' KGBT-TV, the men were working in the engine room of a drydocked oil rig when the room was flooded with carbon dioxide. The men lost consciousness and were deprived of oxygen for 15 minutes. All four later reported significant health problems stemming from the incident.

Why did the court find the three companies liable for the men's injuries?

Bounce House Accidents Injuring Kids: 5 Tips for Parents

Bounce houses may be incredible fun, but they can also be dangerous for your kids.

Just in the last month, two bounce-house injury and accident stories have made national news; in both incidents, an inflatable playpen being used by kids was picked up and carried away by an unexpected gust of wind.

Before you order up that bounce house for your child's next birthday, consider these five tips for parents:

Dead Deer Car-Crash Insurance Scam Busted in Pa.

A Pennsylvania insurance scam has been busted by Philadelphia law enforcement, exposing an alleged plot to use dead deer in fake car crashes.

Ron Galati, 63, is accused of using his family-owned American Collision and Auto Center as the means to stage and fabricate car crashes with deer. The auto shop owner allegedly kept deer blood and carcasses at the shop to use in staged photos to be sent to insurance companies, reports Newser.

What is this deer scam all about, and how did they get caught?