Injured - The FindLaw Accident, Injury and Tort Law Blog

July 2017 Archives

Tasers are often viewed as a non-lethal alternative to subdue criminal suspects, but they are far from perfectly safe. Victims have suffered miscarriages, brain damage, and even death. Therefore, tasers should be used rarely and only with good reason.

It turns out that a man asking "What for?" while his hands are above his head and his back is facing police is not a good enough reason. Darsean Kelley got a $110,000 settlement from the city of Aurora, Colorado, without even having to file a lawsuit, after body camera footage showed officer an officer tasing him in the back.

Earlier this year, the parents of a teen that suffered a severe head injury sued the makers of a novelty samurai sword. Now, the parents of the injured teen have filed a second lawsuit, this time against Amazon, and, curiously, one of the three teens present at the accident.

In addition to the many claims against Amazon, a negligence claim was included against the teen who was directing and encouraging the two other teens to be playing with the sword in order to film them. The claim against Amazon is rather straightforward. In short, it's a product liability claim, similar to the one made against the manufacturer, and these claims hold each entity or person who had a part in the sale and distribution of a product liable when injuries result due to the product's faulty design or some defect.

Joshua Kuiper should've known the dangers of drunk driving, including the liability for causing an accident. Kuiper is a former Kent County, Michigan prosecutor, who was fired after crashing his truck into a parked car while traveling the wrong direction on a one way street, seriously injuring Daniel Empson, who was getting a coat out of his car parked on the street.

Kuiper, who was charged with a felony charge of reckless driving, should also be aware of dram shop laws, which hold bars and restaurants liable for injuries caused by overserved patrons. If not, he knows now -- the injury lawsuit Empson filed against Kuiper has been expanded to include three establishments that served him before the crash, alleging they should've known he was drunk.

It seems like everyone has taken up rock climbing in the past few years, and gyms, recreational supply stores, and even college campuses nationwide are adding climbing walls to their facilities. While climbing wall injuries may be rare, they can have severe consequences.

So who's liable if you're injured on an indoor climbing wall? And can you sue?

In most cases, we might refer to a door hitting someone on the way out of a casino after losing money as adding insult to injury. But it was the other way around for 87-year-old Elaine Catuara, who was hit by a malfunctioning front door at Harrah's Casino Hotel in downtown Joliet, Illinois, "violently catapulting her to the floor."

Catuara suffered fractures to her hip and to two vertebrae in her lower back, and was hospitalized for almost three weeks. She filed a negligence lawsuit against the casino in late May, but passed away soon after. "We will be amending the lawsuit," Catuara's attorney asserted, "alleging a wrongful death count."

"We treat it like a crime scene until we determine there's no foul play," Greeneville Police Detective Captain Tim Davis told the Times Free Press in August 2016. "We don't know at this time what caused the accident." There were no criminal charges filed after three people fell 30 to 45 feet from a Ferris wheel at the Greene County Fair in Tennessee last summer.

But two federal lawsuits have been filed against the ride's operators, Family Attractions Amusement Company, as well as the manufacturer, High-Lite Rides Inc.

Any misdiagnosis, whether falsely identifying an issue that doesn't exist or failing to discover one that does, can be harmful. This can be especially true for hyperthyroidism, which affects millions of people per year. If not accurately diagnosed, those people may go untreated, or undergo potentially harmful treatments based on a doctor's misreading of their symptoms.

Misdiagnosis is a form of medical malpractice, and doctors that fail to properly diagnose and treat hyperthyroidism can be held liable. Here's what you need to know.

Nothing says summer like a water slide. Whether you're rocketing down a chute at a water park or zipping into a backyard swimming pool, there's just something about the sun and spray that spells freedom and fun.

Unfortunately, water slides can also spell danger, and water slide injuries are far too common to ignore. So what happens if you or a loved one is injured on a water slide? That could depend on where that slide is. Here's what you need to know.

Going to a theme park can be the highlight of any person's summer. For the most part, rides and attractions are safe, but things can go wrong. When a guest is injured at a theme park, that guest might be left wondering what rights they have to recover for their injuries.

Although theme parks frequently try to limit their liability by requiring guests to agree to liability waivers as a condition of entry, these will not always protect the parks. Surprisingly, theme park injuries tend to have a high settlement rate.

Whitewater river rafting can be dangerous -- that's part of the allure for most rafters and a risk that most guides will repeat early and often to their guests. In addition, many, if not all rafting companies will have rafters sign liability waivers, acknowledging these dangers and agreeing to indemnify the companies in the case of injury or death.

One waiver in particular may stand in the way of a Colorado widow's negligence lawsuit after her husband was ejected from a raft in Hell's Half Mile rapids on the Green River, and died of accidental drowning and asphyxia.

While chlorine can be considered a household product, and is frequently used in swimming pools and cleaning products, it's dangerous stuff. In fact, chlorine gas is so dangerous, it was used as a chemical weapon during WWI.

Chlorine is responsible for countless injuries every year, some of which are fatal. Though most of the injuries only amount to skin irritations or burns, chlorine gas can result in fatal explosions, and severe respiratory injuries.

When the police let someone off with a warning, and that person ends up causing harm, are the police liable for not doing their jobs? This question is often the center of much heated debate.

For example, the parents of Toni Anderson, a deceased 20-year-old college sophomore, are reportedly contemplating a lawsuit over an officer's failure to arrest their daughter for DUI in early 2017. Toni was pulled over while clearly intoxicated. Rather than being arrested for DUI, she was told to go get some rest. Unfortunately, Toni crashed her car into a river and drowned. It took authorities nearly two months to find her.

One of the worst things a person can experience is the loss of a loved one. When that loss is due to the negligence of a medical professional or provider, a wrongful death case against them may be possible.

Although it may seem crass or disrespectful to even think about the legal consequences after the loss of a loved one or family member, the law requires individuals to act in a timely fashion. Particularly when the cause of death is related to potential medical malpractice, rather than ordinary negligence or another attributable cause, such as assault, cases must adhere to strict deadlines and filing requirements.