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Suing for Injuries at Walmart and Other Big Box Stores

If you are injured by someone else’s negligence while shopping at a Walmart, or any big box store, you may be wondering what you need to do in order to recover. Depending on how the injury happened, you may be able to negotiate a settlement with a claims representative. If your claim is against Walmart itself, you’ll likely need to file a lawsuit against the store (as Walmart has a bad reputation for not settling injury claims). What might come as a shock to many is that Walmart tops the charts when it comes to the number of lawsuits they face annually. While recent statistics are difficult to track down, at one point, the goliath faced approximately 5,000 new cases per year, or nearly 13 lawsuits every single day. In and Around the Big Box Big box stores like Walmart, Target, and Costco typically will have internal procedures that they will want to follow to document an injury that occurs on their premises. Usually, the internal procedures require the store management to gather information about how the injury occurred, as well as collecting witness information. If the injury is severe, sometimes a store may require a person be transported via ambulance, or be treated by paramedics on-site. While it may be helpful for your legal case to cooperate when injured, focusing on your health and safety should be your first priority. Lawsuits from slip and fall injuries in stores are fairly common. Depending on your state’s laws, and how your injury occurred, the complexity of your case can vary drastically. Not all injuries are the result of negligence, or the fault of another. In some states, slip and fall injuries put a much higher burden of proof on the plaintiff than in others. Typical personal injury claims while shopping at a retail store will be for negligence or premises liability. Product and Delivery Driver Liability In addition to all the lawsuits Walmart faces for in-store injuries by customers and employees, lawsuits also occur over delivery drivers accidents and dangerous products. Most prominently, comedian Tracy Morgan was involved in a fatal bus accident caused by a Walmart truck, which resulted in a rare high value settlement from Walmart, rumored to be close to $100 million. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Disabled Woman’s Parents Sue Walmart Over Shoplifting Arrest (FindLaw’s Injured) Walmart Dress Caused Sexless Marriage, Lawsuit Claims (FindLaw’s Legally Weird) Long-Haired Woman Sues Walmart Over Shampoo-Related ‘Suffering’ (FindLaw’s Legally Weird)
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Can You Sue a Gym for Faulty Equipment?

Americans love the gym. Whether we miss the activity and exercise from recess and gym class in school or we're wistful for the waistline from our younger days, millions of us are spending millions of hours in the gym and millions of dollars on gym memberships. And we expect that gyms will show the same dedication to their equipment -- buying the best and maintaining equipment in the best condition. But what happens when that doesn't happen? Are gyms liable for injuries caused by faulty equipment? Waive Goodbye? Like any other business, gyms have a duty to keep their patrons safe. But, when it comes to lawsuits regarding a gym's equipment, that liability can be complicated by a couple of factors. The first hurdle to a lawsuit may be a liability waiver, if you signed one. Many, if not all gyms require members to waive injury liability, and whether that waiver will prevent you from filing an injury lawsuit will depend on the terms of the agreement. Some liability waivers only bar lawsuits based on gym or employee negligence, and are generally upheld in court. Other waivers attempt to provide total immunity for gyms, but can be found unenforceable if they're too broad. A gym's waiver may attempt to limit liability for equipment-related injuries, but may not cover instances where the gym failed to maintain the equipment properly, or knew the equipment was faulty and failed to fix it. Gym Defects Certain equipment, like treadmills, can be inherently dangerous. And some equipment may have been designed or manufactured poorly or lack adequate warnings regarding its proper use. Gym equipment manufacturers have a duty to ensure their products are safe, and may be strictly liable if a person is injured using on their product. Product liability claims against gym equipment manufacturers can be based on: Defects in Design: The gym equipment's design is flawed making it unreasonably dangerous to users; Defects in Manufacturing: The equipment was improperly manufactured, dangerously departing from the intended design; or Defects in Warnings: The equipment lacks adequate instructions or warnings, rendering the product unreasonably dangerous. While equipment manufacturers can be liable for defects in their products, gyms may also be liable if they knew the equipment was dangerous and did not fix or remove it. If you've been injured at the gym and think a faulty piece of equipment was to blame, contact an experienced personal injury attorney near you. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Top 5 Legal Tips for Gym Injuries (FindLaw's Injured) Treadmill Accident Leads to Brain Injury Lawsuit (FindLaw's Injured) Gym-aholics Be Warned: LA Fitness Wins Injury Lawsuit With Liability Waiver (FindLaw's Injured)
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3 Legal Tips on How to Handle Digital Assets in a Prenuptial Agreement

Living in the 21st century digital world is nearly inescapable at this point. Digital assets abound and can include some unexpected items that may actually possess some unexpected value. Don't believe it? A digital trading card of Hans Solo, that was recently released, goes for $225. Digital assets can include items that have real, transferable monetary values, like online bitcoin accounts, or simply items that have high sentimental value, such as collections of family photos. Regardless of how an item is valued, during a divorce, both tangible and digital assets must be divided, but some digital assets may prove more challenging to divide. As such, including digital assets in a prenuptial agreement is becoming increasingly advisable. Below you'll find three legal tips on how to include digital assets in a prenup. 1. Agree to Maintain Separate Accounts For things like iTunes accounts, digital music, movies, games, and apps, you may just want to agree to maintain separate accounts that will remain separate property, or will be appraised, valued, and offset upon divorce. As opposed to sharing one account, maintaining separate accounts might require a double purchase of an app or game that both you and your spouse want to use. This downside occurs most often with entertainment-related digital assets because these usually only provide purchasers with a single user license, meaning that a game, app, or digital download can only be used by one account. Note that some digital game assets and collections may be transferable and can be valued at thousands of dollars (i.e. the Hans Solo digital trading card mentioned above). As such, you may wish to put a dollar threshold on the value of separate digital accounts. 2. Appraise and Clearly Identify Separate Digital Property Any couple considering a prenup these days likely already has a collection of digital assets, such as their iTunes music library. Most states will consider property acquired prior to marriage as separate property. However, over time, if separate property appreciates in value during the course of a marriage, it could become partly marital or community property. The same is true for digital assets, and can include assets such as social media accounts, particularly if they are related to a business or occupation, or even websites, such as blogs or online businesses. In a prenup, it can be helpful to identify all separate digital assets, and agree that certain ones, like those relating to only one spouse's business, remain separate property. Appraising prior to a prenup can be helpful to ensure that spouses are fully aware of the value, and can track the increase or loss in value for purposes of offsetting property division. 3. Agree to Copy What You Can Digital assets often include items that can be copied freely, such as photos, home movies, and even music. For digital items that can be copied for free, such as iTunes music without DRM protection, it can be agreed to that these will be copied and shared. However, for digital photos, you may want to include a provision prohibiting the sale of photos, as technically the copyright is held by the person who takes the photo, and likeness rights vary from state to state. Related Resources: Need help with family law? A lawyer can review your case for free. (Consumer Injury - Family) Pros and Cons: Premarital Agreements ("Prenuptials") (FindLaw's Learn About the Law) What Can and Cannot be Included in Prenuptial Agreements (FindLaw's Learn About the Law) Digital Estate Planning: How to Prepare Digital Accounts for the End of Life (FindLaw's Law and Daily Life) Death and Digital Privacy: Please Delete My Browser History, Bro (FindLaw's Common Law)
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When Can You Sue for PTSD for Auto Accident Injuries?

When a person is injured in an auto accident, they may be entitled to recover monetary damages for their injuries. In some circumstances, an injury victim can be entitled to recover after suffering an emotional, or mental health, injury, such as post traumatic stress disorder (PTSD), as a result of a car accident. Unless the mental health injury rendered a person incapacitated, they will need to file a lawsuit within the normal time period allowed by their state to file. While uncommon, in severe auto accidents, particularly when there is a loss of life, severe injuries, or maybe just a whole lot of property damage, it is easily foreseeable that an individual could suffer from PTSD. However, to establish a personal injury case based upon a PTSD diagnosis can be rather challenging. Unlike broken bones, cuts, bumps, and bruises, a mental health injury may not visible on the surface. Problems of Proof When suing for a PTSD injury related to a car accident, a plaintiff will need to prove that a qualified doctor made an accurate PTSD diagnosis and that the diagnosis is attributable, at least in part, to the accident. To accomplish this, it is highly likely that expert medical witness testimony will be required. However, despite what a medical expert states, other problems could arise if the accident was only a minor accident, or there are other tragic incidents, particularly recently, in the plaintiff’s past, or a prior diagnosis for PTSD. However, even if a diagnosis may not be attributable to an accident, a flare up of PTSD symptoms may still be relevant. In other words, it can be claimed that a car accident made an individual’s PTSD worse. One Bite of the Settlement Apple A significant problem with PTSD auto accident claims is the timing of a settlement. Frequently, injury victims will settle their cases within 6 month or a year after their injury without ever filing a lawsuit. Just as frequently, PTSD can go undiagnosed for months, or longer if a victim does not have a solid support network. Unfortunately, in nearly every state, once a person settles a personal injury claim, they cannot reopen the case unless there are extraordinary circumstances, such as a fraud in the inducement to sign. Typically, an undiscovered injury will not qualify to reopen a settled case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Can You Sue Over Mental Stress, Trauma? (FindLaw’s Injured) Can You Get Workers’ Comp for PTSD? (FindLaw’s Injured) 5 Ways to Prove Emotional Distress (FindLaw’s Injured)
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Easter Egg Hunt Injury Lawsuit: Mom Sues for $112K

The Clakamas County annual Easter Eggstravaganza egg hunt is scheduled to proceed this year with 20,000 eggs, and the Easter bunny being flown in by Helicopter, just like tradition dictates. However, a recent lawsuit for $112,000 filed against the Eggstravaganza venue and organizer as a result of an injury that occurred last year is attracting attention in the lead up to this year’s event. Although the event is geared towards participants under 12, last year, an adult who was accompanying their child was injured when the crowd rushed in, knocking her over, causing her a severe knee injury. The injury required surgery and a protracted recovery. The lawsuit alleges that the venue and organizer were negligent in not providing sufficient staff, security, and/or crowd control to ensure the safety of attendees. Event Organizer and Venue Liability The organizers of an event, as well as the venue where an event takes place, can both be held liable if an event attendee is injured as a result of negligence, such as poor property conditions, or allowing overcrowding to occur. Generally, organizers and venues are responsible for ensuring the safety of their guests, and must take reasonable steps to do so. When reasonable steps are not taken, organizers and venue owners can be sued under a legal theory of negligence or premises liability. In the Eggstravaganza case, for instance, the plaintiff is alleging that the organizers and venue allowed overcrowding to occur, and did not have effective crowd control. The complaint explains that this was case, particularly, when people who were not supposed to be on the Easter egg field, ran onto the field and knocked the plaintiff over, causing her injury. Eggshell Plaintiffs An injury victim can sometimes seem to have a disproportionately large injury given the circumstances surrounding an accident or event. However, under the law, a person with a pre-existing condition, or a high-susceptibility to injury, is entitled to recover for the full extent of their injuries. In lawyer-talk, these types of individuals are often referred to as eggshell plaintiffs, and can include the elderly, disabled, or those with medical conditions. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) 3 Easter Injuries to Avoid (FindLaw’s Injured) Is It Legal to Dye Baby Chickens? (FindLaw’s Law and Daily Life) First Grader Handcuffed After Easter Egg Tantrum (FindLaw Blotter)
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Teens Charged in Sexual Assault Live-Streamed on Facebook

No matter how many stories get written about criminal activity streamed on Facebook Live, criminals don't cease to record their crimes for prosecutorial prosperity and the crimes themselves don't get any less heinous. A 14-year old girl in Chicago was lured into a home and raped by as many as six men, one of whom broadcast the sexual assault live on Facebook. The Chicago Tribune notes it's at least the fourth crime in the city captured on Facebook Live since the end of October 2016. Two teens are in custody thus far, and the victim and her family have been moved following threats and online bullying after reporting the crime. Facebook Crime According to the Tribune, the girl was attacked on her way home from church, and not found until two days later. A relative was told the assault was on Facebook, and Chicago activist Andrew Holmes was able to forward the video of the sexual assault to police. The girl's mother was then able to identify her daughter from screen shots of the video. Two boys, one 14 and the other 15, are now in custody facing charges relating to the rape and the posting of the video. Both have been charged as juveniles with aggravated criminal sexual assault, manufacture of child pornography, and dissemination of child pornography, though it is unclear if either was the one who initiated the broadcast of the assault. Social Media Cycle of Trauma Police say their investigation has been hampered by the victim's trauma and harassment of her and her family. Chicago Police Cmdr. Brendan Deenihan described the difficulty at a news conference over the weekend: "She's just having such a difficult time even communicating what occurred to her. We obviously have a video of the incident, so we have verifiable objective evidence of what occurred to this young lady, but she's just having a very difficult time ... On top of it, there's constant social media ... bullying (of the girl), making fun of what occurred. This is just a very traumatic incident." The social media bullying has manifested in real life as well. The victim's mother told the Tribune that after word of the attack got out, people began harassing the family at home, ringing the doorbell and appearing at the house in a threatening manner. Police were also frustrated with the lack of response from the estimated 40 people who viewed the livestream of the assault, none of whom called 911. Deenihan says authorities are exploring what criminal charges may be available against those who watched the video, but proving exactly who did watch the video may be impossible. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) 2 Teens Arrested in Chicago Sex Assault Streamed Online (CNN) Police Officer Who Killed Philando Castile Charged With Manslaughter (FindLaw Blotter) Prostitutes Use Facebook to Drum Up Business (FindLaw Blotter)
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No Criminal Charges After Inmate Was Boiled to Death in Florida Prison

There was no question that Darren Rainey died in the showers of the Dade Correctional Institution in 2012. What was unanswered was whether the officers who locked Rainey for two hours in showers that could run as hot at 160 degrees were criminally liable for his death. That answer came last month, when the state attorney for Miami-Dade County released an "In Custody Death Investigation Close-Out Memo" that attributed Rainey's death to schizophrenia, heart disease, and "confinement inside the shower room." Yet the state attorney declined to press criminal charges against the officers or the prison, saying instead that "the evidence does not show that Rainey's well-being was grossly disregarded by the correctional staff." Deadly Disregard The details of Rainey's death are as grisly as they are tragic. Rainey, schizophrenic and heavily medicated, was a resident of Dade's "Temporary Transitional Unit" which houses mentally disabled inmates. According to the report, corrections officers Roland Clarke and Cornelius Thompson took Rainey to the showers after he defecated in his cell and smearing the feces on himself and the cell. Determining what exactly happened from there depends on whom you believe. Harold Hempstead, an inmate whose cell was below the shower, said he heard much of the incident, including Rainey screaming, "I can't take it anymore!" Another inmate said he heard guards sarcastically ask Rainey "Is it hot enough?" Rainey allegedly screamed, kicked the door, and begged to be let out, before he was found unresponsive almost two hours after he was locked in. A later investigation found that the water temperature, which could only be controlled from a closet outside the showers, could reach as high as 160 degrees. Mark Joiner, another former inmate at Dade, said guards ordered him to clean pieces of skin that had peeled off Rainey's body from the shower floor. And nurses allegedly said Rainey's body "was covered in burns so severe that his skin came off at the touch," according to the New Yorker. Charging Accounts The Close-Out Memo, on the other hand gave the benefit of the doubt to Thompson and Clarke, who told detectives he made sure the water wasn't too hot. And although a preliminary medical report detailed "visible trauma ... throughout the decedents' body," the final autopsy, not completed until 2016 and yet to be released found no trauma and "no thermal injuries (burns) of any kind on his body." In the end, the state attorney cited a lack of sufficient and consistent evidence in deciding not to criminally charge any of the officers involved in Rainey's death. Related Resources: No Justice for Inmate Darren Rainey (Miami Herald) $8.3M Jail Death Settlement Sets Record in Calif. (FindLaw's Decided) NYC Inmate 'Baked to Death' in Hot Jail Cell: Report (FindLaw's Injured) Inmate Wrongful Deaths: Suing for Neglect or Abuse in Jail or Prison (FindLaw's Injured)
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Parents Sue Sword Maker After Teen’s Traumatic Head Injury

Unfortunately for one Kentucky teen, playing sword baseball with a water-bottle resulted in a severe accidental injury that is now the subject of a product liability lawsuit. While the teen was playing with friends by using a sword as a bat, and hitting plastic water bottles with it, the sword came apart, and the blade struck the teen in the head. The teen was in a coma for over a month, and had to undergo numerous medical procedures. Despite all this already, it is expected that his recovery will require lifelong medical care. His parents have filed a lawsuit against the sword’s manufacturer as a result of a product defect. Defective Sword Liability The parents of the injured teen filed a lawsuit alleging that the sword was defective because it came apart, and the defect caused the injury. Specifically, the sword’s blade and handle came apart, and the blade struck the teen in the head. The lawsuit points to the fact that the sword’s handle appeared to have been glued on, rather than secured by rivets or bolts. Additionally, it is alleged that the sword was shipped with no warnings, or descriptions, let alone any indication of whether it was intended for decorative use only, or any other uses. These allegations may seem remote given that the the teen was engaged in an activity that’s outside normally expected uses. However, the allegations are still cognizable product liability claims. Generally, an injury must be foreseeable, but that does not mean the exact action contemplated needs to occur.Simply swinging the sword could be such a foreseeable action, that it may not matter that the sword was being used as a bat. Since the blade came apart from the handle, the manufacturer may have a difficult time explaining how their sword, which if not labeled as a purely decorative sword, can be fit for the intended purpose of a sword, given that swords are swung both in play and in the practice of martial arts. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Medieval Times Sued Over Newlywed’s Eye Injury (FindLaw’s Injured) Is It Legal to Carry a Sword in Public? (FindLaw Blotter) Man Uses Sword, Guitar in Pulp Fiction-Like Tattoo Shop Attack (FindLaw’s Legally Weird)
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Connecticut May Soon Employ Deadly Police Drones

A Connecticut bill that originally focused on simply banning all weaponized drones recently had a controversial exemption carved out that's garnering national attention. That controversial legal exemption to the ban on weaponized drones would only apply to law enforcement agencies, allowing only police in the state to use weaponized drones. While it may seem logical to only allow police to use weaponized drones, if the bill passes, it would be the first law in the nation that actually authorizes police to use drones equipped with lethal weapons. North Dakota passed a law in 2015 that permits law enforcement to use drones equipped with non-lethal weapons like tear gas or pepper spray, and other law enforcement agencies use drones for surveillance purposes. Standard Drone Protocol If the bill passes, the state's law enforcement training council will be required to devise a standard operating procedure for when and how law enforcement can use weaponized drones. The bill itself contains some regulations regarding drone use, but leaves the specifics on training and use to be determined by the council. This type of regulatory framework will allow some leeway in how law enforcement use drones as the technology advances over time. Proponents have rallied their support around the contention that allowing law enforcement the right to use weaponized drones could help stop a terrorist attack, or other serious threat. However, there are equally strong contentions that allowing the use of drones will result in civil rights violations against certain segments of the population, as well as misuse by police. Police Drones While there have been plenty of other concerns raised about law enforcement's use of drones, particularly when it comes to surveillance and searches, equipping drones with weapons is a new frontier for policing. Although there is clearly a benefit to sending in a robot over a human in a situation where gunfire is likely to be exchanged, anyone who's seen RoboCop or any other similar fictional work involving robotic police, is aware of the ethical dilemma that can be expected when the human element is removed from policing. Related Resources: N.D. Farmer Convicted in 1st Domestic Drone Case (FindLaw Blotter) No First Amendment Right to Drone Surveillance, Conn. Court Holds (FindLaw's Technologist) Who's Afraid of Domestic Drone Strikes? (FindLaw's Law and Daily Life) Drone Operator Attacked: Are They the New 'Glassholes'? (FindLaw's Legal Grounds)
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Is the President Immune From Defamation Lawsuits?

Before he was President Donald Trump, he was host of the reality TV series "The Apprentice" Donald Trump. But his actions then may come back to legally haunt him now. Summer Zervos, a former "Apprentice" contestant, is suing the president, claiming his denials of her sexual harassment claims amounted to defamation. But Trump's attorneys are planning to argue that the president is immune from this and other civil lawsuits while he remains in office. Is that argument going to work? Defamatory Statements Zervos appeared on Trump's TV show in 2006, and was seeking a job with the Trump Organization when the president allegedly groped her breast and began to kiss her aggressively against her will. Trump denied the allegations, calling them a "total fabrication" and a "hoax," while calling Zervos a "phony" and labeling other women making similar claims of sexual harassment "liars." Zervos then sued in New York state court, claiming Trump's attack caused her emotional distress and lost business, and that Trump knew his denials of her allegations were defamatory, because he knew the truth of their interactions and "engaged regularly in this kind of unwanted sexual touching for years, and that was, in fact, how he treated women routinely and how he lived his life." Defamation, legally speaking, refers to any false statement that hurts someone's reputation. In order to win a defamation lawsuit, the plaintiff must prove that someone made a statement, the statement was published, the statement caused an injury, the statement was false, and the statement did not fall into a privileged category. Presidential Immunity Bill Clinton attempted to mount the same immunity defense when he was sued by Paula Jones for sexual harassment. Back then, the Supreme Court ruled that litigation against a sitting president can proceed if it is over conduct unrelated to his public office. While conceding that point generally, Trump's attorneys are asking for deference in scheduling and for the court to stay the lawsuit until after Trump's presidency. Trump attorney Marc Kasowitz also wrote: "Defendant Donald J. Trump, the President of the United States, intends to file a motion to dismiss this action on the ground, among others, that the United States Constitution, including the Supremacy Clause contained therein, immunizes the President from being sued in state court while in office." As the Washington Post points out, this issue of presidential immunity in state courts remains unresolved, as the Paula Jones case involved federal sexual harassment claims. So while the president might not be immune to defamation claims, those claims may need to be filed in federal court. In an interesting twist to the case against Trump, one of the lawyers who successfully argued against Clinton's immunity was George T. Conway III, husband of Trump aide Kellyanne Conway and nominated by Trump to lead the Justice Department's civil division. Related Resources: Find Defamation Lawyers Near You (FindLaw's Lawyer Directory) Trump Claims Immunity From 'Apprentice' Contestant's Lawsuit (USA Today) Do You Know How Slander, Libel and Defamation are Different? (FindLaw's Injured) Is It Worth Suing for Defamation to Protect Your Reputation? (FindLaw's Injured)
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