Injured - The FindLaw Accident, Injury and Tort Law Blog


Construction Worker Sues for Disney Animal Kingdom Injury

A bit of mystery surrounds a lawsuit filed by construction worker Robert Howard against Disney, MLC Theming, and Total Demolition Services. Howard alleges that dangerous conditions at his worksite located within Disney World's Animal Kingdom created an unsafe work site, which caused him to sustain an injury when a ditch he was digging collapsed on him.

What's odd is that the lawsuit provides no details about the injury other than the date, March 11, 2016. Neither Disney, Total Demolition Services, nor MLC reported any incidents around that time to the Occupational Safety and Health Administration (OSHA), though admittedly only work-related fatalities or hospitalizations are required to be reported to OSHA. Total Demolition Services has been listed inactive since 2017. Howard is seeking more than $15,000 in damages, but his attorney claims Howard filed the lawsuit to find out what happened so that history doesn't repeat itself.

Tesla Sued After High Speed Fatality in Florida

Speeding is always a safety risk, but especially on turns going nearly 100 miles per hour over the speed limit. The family of an 18-year-old boy killed in a Tesla car accident is suing the car manufacturer for what the attorney calls an "unreasonably dangerous" car.

Edgar Monserratt alleges that the Tesla in which his son was riding when he died contained a defective battery. In addition, he claims the company was negligent for removing the speed governor on the car when it was last in the Tesla shop. Plaintiffs are seeking at least $18,000 in damages, but nothing will bring back their son.

Illegal Butt-Lift Doc Facing Homicide Charges

Third time's a charm, and perhaps this time, the sentencing will be more severe. Whalesca Castillo has been arrested for manslaughter in the death of Lesbia Ayala, a resident of Philadelphia who had traveled to the Bronx to have Castillo perform a "butt lift" without a medical license. Castillo has also been charged with criminally negligent homicide and the unauthorized practice of a profession. 

Castillo had already been found guilty and jailed twice before for providing illegal silicone injections. But this time, the client died. Facing repeat charges and showing only discontent for the law, Castillo may be in for some hard time.

Many cosmetic surgery procedures are perfectly safe, and clients are healthy afterwards and happy with the results. But any surgery is dangerous, and not all plastic surgery operations leave us looking the way we expected or were promised.

If you are injured due to the negligence of a plastic surgeon or their staff, you could have a valid medical malpractice or other legal claim. How much that claim could be worth depends on many factors, including the extent of injury you've suffered and the type of lawsuit you are filing. Here are some basic damages considerations in plastic surgery lawsuits.

Truck drivers may do work for large transportation companies and haul products or supplies for even larger manufacturing companies -- but many of them own their own trucks. And if they're in an accident that damages their truck, that can mean repair time that the driver isn't out making money.

Drivers can, however, file what is known as a "downtime claim," and get reimbursed for those losses from the insurance company for whoever was at fault in the accident. Here are more details on downtime claims, whether you might qualify, and how to file them.

Georgia Karate Schools Sued for Sexual Abuse

Following on the heels of a 2015 conviction for sexual child abuse, the survivor and her family are now suing the owners and staff of Pak's Karate school where the sexual abuse took place.

Thomas Ary, the Pak's instructor found guilty of sexually assaulting a female student while at a Pak's summer camp, is serving 19 years in jail for the offense. Ary is named in the suit as well as Song Ki Pak, "grandmaster" of Pak's Karate, and Craig Peeples, former Pak's Karate CEO, master black belt, and instructor. The negligence suit says claims the karate facilities "failed to implement even the most basic institutional safeguards" to protect students, which created an opportunity for sexual abuse to occur.

Who Do You Sue When Served a Heroin-Laced Coca-Cola?

It can happen to anyone, but in this case, it happened to Trevor Walker. Somehow, synthetic heroin was slipped into his Diet Coke at a McDonald's drive-thru. No one knows exactly how the drug got into the drink, but tests taken at the hospital prove that Suboxone, a heroin-substitute, was found in Walker's urine as well as his McDonald's Diet Coke, but not in the Diet Coke served to his wife.

Walker has sued the McDonald's franchise owner, McDonald's Corporation, and Coca-Cola for strict product liability. Coca-Cola has petitioned the court to be dismissed from the litigation, claiming there's no evidence that the drug came from Coca-Cola. Is the plaintiff just looking for deep pockets? Or was this the right thing to do?

Asylum-Seeking Kids Win Class Action in Health Care Lawsuit

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government's request to delay the suit until after the federal shutdown has ended.

Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, "the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement." The judge then required the administration to respond to the children's claims by Jan. 9 and to discovery requests by Feb. 22.

Judge Orders North Korea to Pay $501M for American Student's Death

The parents and estate of Otto Warmbier won a $501 million judgment against the North Korea government for wrongful death. Though questions remain about the legitimacy and collectability of this judgment, one thing is certain: no amount of money can undo Otto's fate and ultimate death.

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.