Injured - The FindLaw Accident, Injury and Tort Law Blog

September 2018 Archives

Facebook Content Moderator Developed PTSD, Suit Claims

It is no secret that Facebook users upload thousands of videos and images each year that are filtered out, based on obscenity and decency guidelines. Just like there's no tooth fairy, there's no content fairy.

Almost all of Facebook's uploaded content is screened by contracted content moderator workers, and some of them have been emotionally scarred by what they have been forced to view. As a result, one content moderator, Selena Scola, has filed a lawsuit claiming she is suffering from psychological trauma and post-traumatic stress disorder because she was not properly protected by Facebook, as promised in its corporate guidelines.

Newborn Wrongful Death Lawsuits

Melanie Sanders was born prematurely, but otherwise healthy, in August 2016. She was given a routine eye exam along with 43 other babies that month, and less than a month later she was dead. A medical journal report published last year found that Melanie was one of 23 other infants who contracted adenovirus infections while undergoing the same eye exam in Children's Hospital of Philadelphia's neonatal intensive care unit.

Melanie's family is now suing the hospital for wrongful death, alleging she went into respiratory distress and developed a fatal bacterial infection on top of the viral illness, and that negligent medical professionals are to blame.

Can You Sue for Accidents Caused by Road Bumps?

Having a bad day? It's just a bump in the road. But what if that bump in the road flips your Harley Davidson on top of you, resulting in life altering injuries? Can you sue the government? That's one question Dallas Fisher, a South Carolina resident would like to have answered. He is suing the federal government for $1.7 million after nearly dying in a motorcycle accident when he hit a bump on the Blue Ridge Parkway two years ago. Approximately 14 people die each year on that stretch of dangerous road, and Fisher wants that to end.

Family Sues Police for Taser Wrongful Death

Police use Tasers instead of traditional guns, based on their supposed temporary infliction of pain. However, numerous police suspects have died or suffered permanent brain damage when stunned. A family in Daly City, California has sued the local police department for wrongful death after one of its officers used the Taser to subdue 38 year-old Warren Ragudo, who was suffering from a drug induced mental crisis.

Family members called the police for help that fateful night, and they witnessed the police killing the man they had asked to be saved. The local district attorney's office declares that the use was justified, and will not prosecute the officer. Therefore, the only legal recourse for the family is in civil court.

Is Columbia Gas Liable in the Massachusetts Gas Pipeline Explosions?

Late last week, a string of gas explosions rocked three Massachusetts towns just north of Boston. Over 60 gas fires led to one death and over 25 injuries, more than 400 people in shelters, and about 18,000 customers losing power for over three days. Hundreds of investigators are on the scene to determine what happened, but one thing's for sure: Governor Charlie Baker removed Columbia Gas as the monopolistic provider in the area, replacing it with Eversource, who will also be overseeing all restoration efforts.

But in addition to losing the business, is Columbia Gas liable for the damages resulting from the explosion?

During Florida State University's Alpha Epsilon Pi chapter meetings, members select a "brother of the week" and a "scumbag of the week." Members would then spin a game-show style wheel to determine the latter's punishment, ranging from cleaning the frat's house alone, licking the chapter room floor, a free pass, or being slapped. Unfortunately for Nicholas Mauricio, he spun the last option.

Another AEPi member, Oliver Walker, stood in front of Mauricio, shook his hand, and then hit him "as hard as he could," according to witnesses, possibly with a closed fist. Mauricio was knocked unconscious, hit the floor, and was rushed to the hospital. Now he's suing his attacker and other frat leadership.

Football season kicked off nationwide this month, but the focus hasn't solely been between the lines. Off-the-field controversies -- from political protests to paying college players -- have garnered just as much attention as teams' on-field clashes. And one issue that's been in football fans' and players' minds recently have been concussions, and the role leagues, athletic associations, and even doctors play in handling head injuries.

But those aren't even the only injuries football players and fans need to worry about. Here are five football-related injuries and what you need to know, legally.

Lawsuit Claims Negligence Against Lowe's Home Center

Brenda McMullen filed a negligence claim against Lowe's for injuries she suffered after stacked pavers fell on top of her. The case was filed in a Madison County courthouse in Indiana, but has since been moved to a federal court in Indianapolis based on interstate commerce, and the belief that damages, though currently unspecified, could reach over $75,000.

Remember why your mother wouldn't let you get an official Red Ryder, carbine action, two-hundred shot range model air rifle with a compass in the stock and this thing which tells time for Christmas? Turns out that's also a good reason to avoid sword-fighting.

Jeremiah DuPrau learned that lesson the hard way, after he was stabbed in the eye by his sword-fighting instructor at the Milwaukie Elks Lodge in Portland, Oregon. DuPrau is suing his instructor and the lodge, claiming he is now legally blind.

Tesla Sued by Driver Over Autopilot Crash, Broken Foot

In yet another Tesla Autopilot crash, Heather Lommatzsch filed suit against Tesla in a Utah state court for negligence, among other claims. She crashed her Tesla Model S into a fire engine in May 2018 while Autopilot was on and she was looking at her phone. Lommatzsch was under the erroneous impression that the car would safely stop on its own if another object, like a fire engine, was in its way. She broke her foot in the accident, but also claims she has lost "the pleasures and enjoyment of life and physical impairment."

3 Legal Questions to Ask Before Surgery

Having surgery is a major life event. Whether it is elective or life-dependant, minor or major, wanted or not, every surgery carries risk. Risk of failure, lengthy recovery, and even risk of death. Assuming you have done your due diligence choosing a surgeon, here are three legal questions to ask before going under the knife.

Cop Sued for $1 Million for Allegedly Giving DUI 'Out of Spite'

Few things are more upsetting than when officers or other government officials maliciously use their position of power. Just ask Donald Hamlett, who was pulled over not once, but twice, for DUI charges in Chesapeake, Virginia, during the same year, by the same police officer.

Cleared of both charges, Hamlett is now suing the arresting officer, Frank Chappell, for $1 million. He believes the second arrest was malicious prosecution, claiming Chappell did so "out of spite, ill-will and hatred." Chappell denies any wrong doing, and will be represented by a local City Attorney.