Injured - The FindLaw Accident, Injury and Tort Law Blog

April 2011 Archives

Friend Driving My Car: Am I Liable?

Every now and then, whether it's because of laziness or merely out of the goodness of one's heart, everyone lends their car to a friend.

But what happens if that friend isn't such a good driver?

Does ownership of the car make you liable for an accident when someone else is driving?

Sony Sued Over PlayStation Network Hack

With over 70 million users, the PlayStation Network hack is thought to be the second largest in history, providing a host of personal and credit card information to network intruders.

What's worse is that it took Sony nearly a week to disclose the security breach to users, even though network service had been cut days earlier.

That delay has now spurred a class action lawsuit against the company, filed only a day after the breach became public.

Pa. Man Falsely Accused as Rapist Gets $85K

In August 2008, the life of Eugene Robinson changed dramatically.

The plumber, in his late fifties, spent 5 months in jail after he was falsely accused of rape due to a widely publicized police mix-up. The city of Philadelphia has agreed to pay him $85,000.

New Mexico Woman Mauled to Death by Pit Bulls

By all accounts, Truth or Consequences, New Mexico is a fairly quiet town about an hour north of Las Cruces. But since Sunday, the small city has been making national headlines.

Out for an afternoon walk, resident Margaret Salcedo, 48, was suddenly and unexpectedly attacked by four pit bull mixes.

She died soon after at the hospital.

Woman Wants Gold after Ark. Police Shooting

A Florida woman is suing the West Memphis Police Department after officers shot her husband and 16-year-old stepson during a shootout in a Walmart parking lot.

Besides the fact that the father and teen caused the shootout, this lawsuit is notable for one reason and one reason only:

She wants the department to pay her in gold.

No Motorcycle Helmet? Could Cost You Money, Too

It's been proven that motorcycle helmets do save lives and help prevent catastrophic injuries--even if some riders still resist wearing them.

Despite the opposition, a number of states have passed mandatory motorcycle helmet laws. These safety regulations have also been consistently upheld in the face of constitutional challenges.

But there's actually another reason you should consider wearing a motorcycle helmet: it could cost you a lot of money if you're ever in an accident.

Nordstrom Must Pay $1.6M to Customers Stabbed

A Maryland jury has awarded two women $1.6 million after they were severely injured in a 2005 stabbing attack that occurred at a Montgomery County Nordstrom.

Jurors found that the high-end retailer failed to properly protect customers from the attacker despite their ability and responsibility to do so.

Are Tipsy Toddlers the New Hot Food Lawsuit?

Food-related lawsuits come in waves, oftentimes showcasing similar fact patterns and events.

We've seen this with foreign-object-in-food suits, as well as with the McDonald's coffee incident and the subsequent "hot food" lawsuits that seemed to clog the courts overnight.

On the heels of two tipsy toddler incidents, wherein both Applebee's and Olive Garden allegedly served alcohol to young children, a Chicago mother is claiming that a Chili's restaurant served her 4-year-old daughter an alcoholic Mudslide instead of a chocolate shake.

Are tipsy toddlers the new food lawsuit trend? Will Screen for Sex Offenders

In the face of a lawsuit by a woman who was allegedly raped by her sex offender date, has vehemently defended its policy of not screening members against the national sex offender registry.

The dating site has now changed its tune, announcing Sunday night that it will begin screening members.

The catch? They cannot and will not guarantee members' safety.

What to do if Your New House has Toxic Mold

When moving into a new home, a few problems are expected during the time it takes to unpack and adjust.

However, the last thing anyone expects to come across is toxic mold, the harmful substance responsible for a host of respiratory and sinus problems.

If this has happened to you, you're probably wondering who's responsible now that you own the home. It actually may not be you.

Woman Sues Sexual Predator Raped Her?

Do dating sites have a responsibility to protect their users from sexual predators?

One Los Angeles woman thinks so, and has filed suit against after she says a date she met on the site sexually assaulted her.

Her goal is to force the site to check members' names against public sex offender registries.

Yale Student Killed in Lab Machine Accident

It's a sad day when a promising young woman is killed in a freak accident while contributing to the very field to which she has dedicated much of her life.

Michele Dufault, a Yale physics and astronomy major, was killed sometime late Tuesday while working in a student machine laboratory on Yale's campus.

Her death was a result of her hair becoming caught in a piece of machinery.

Tipsy Toddlers: Olive Garden Serves Boy Sangria

Yet another chain restaurant has mistakenly served a toddler alcohol when the child's parents had requested juice.

On the heels of the Applebee's toddler incident, it has come out that, on March 31st, Italian food chain Olive Garden served a 2-year-old Florida boy a cocktail instead of orange juice.

Boy, 6, Mauled by Dog While Shielding Brother

Call it instinct or brotherly love, but whatever drove 6-year-old Timo Perez of Homstead, Florida to protect his little brother from a vicious dog attack is saving the dog's owner a lot of trouble.

And may have just saved the 4-year-old's life.

High School Football Player Sues Over Injuries

Zachary Alt played football at Pittsburgh's Highlands High School until three successive concussions knocked him out the game.

Four years later, still suffering from the effects of those injuries, Alt has filed suit against Highlands High.

He is alleging that the school violated his constitutional rights by failing to protect him from further injuries and subsequently inflating his grades so he could graduate.

Applebee's Serves Toddler Alcohol by Mistake

Falling asleep at the dinner table and hyperactivity are par for the course for any normal 15-month-old toddler.

But when you add in talking to the walls, a parent has a right to be concerned.

And concerned they were--especially when they found out that Applebee's had served the young boy a margarita instead of the requested apple juice.

Toyota Wins First Sudden Acceleration Trial

Between 2009 and 2011, over 8 million Toyota vehicles were subject to sudden acceleration recalls, which the company attributed to floor mats becoming lodged in pedal wells and mechanical sticking.

The first of the Toyota sudden acceleration lawsuits wrapped up last Friday when a federal jury in New York found that the accident was attributable to driver error--not a design defect.

Though there are still hundreds of Toyota sudden acceleration lawsuits waiting for trial, Friday's verdict is not necessarily indicative of their outcome.

Monster Energy Drink: Mouse Suit a 'Shakedown'

People were horrified to learn of Vitaliy Sulzhik, who reportedly found a dead mouse in a can of Monster Energy Drink.

But, according to Hansen Beverage Company, Monster's manufacturer, Sulzhik's negligence and product liability lawsuit is a sham.

If there really was a dead mouse in a can of Monster Energy Drink, it would have deteriorated, rendering the first sip undrinkable.

Illinois Boy, 3, Dies on Indoor Roller Coaster

Over the weekend, the 3-year-old Dansby twins were riding the Python Pit roller coaster located at Go Bananas--a small indoor children's amusement park just outside of Chicago.

While on the coaster with his twin brother, Jayson somehow crawled under the safety bar while the ride was moving, falling about 4 feet, according to the Chicago Sun-Times.

He unfortunately died.

NJ Woman Can't Close Her Eyes After Surgery

After 33 eyelid surgeries--3 cosmetic, 30 reparative--a woman can't close her eyes. So she sued.

A jury in New Jersey last week awarded $115,000 to Marilyn Leisz, who sued her plastic surgeon after a failed 2005 eyelid surgery.

She lives in constant fear of losing her eyesight.

Some Miners Survived Initial Massey Mine Blast

Last year, officials told the world that all 29 miners killed by the Upper Big Branch mine explosion in West Virginia died instantaneously.

A lawsuit filed last week by a miner's widow contends otherwise, alleging that seven of the victims remained alive as Massey executives refused them aid.

PetSmart Settles Dog Poop Slip and Fall Case

Slip and fall accidents can be terrible ordeals leading to severe injuries.

But slip and fall accidents that are caused by a dog's, uh, accident? Well, those are just embarrassing.

A lawsuit against pet retailer PetSmart was recently settled for just that. And the plaintiff showed no shame.