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Articles Tagged with personal-injury-lawyer

A diner at a restaurant in Texas seafood restaurant reportedly became seriously ill after consuming shellfish. Now, in a personal injury lawsuit filed against the restaurant corporation, he alleges that he ordered a dish of fried oysters and crawfish, making explicit instructions to the waiter to make sure there was no shrimp or shrimp residue on the plate. But allegedly, the waiter failed to relay that message to the kitchen staff. restaurant

The waiter returned to the table and assured the patron there was no shrimp in the food on his plate, according to the SE Texas Record. However, soon after the plaintiff began eating, the plaintiff began to suffer a severe allergic reaction. An ambulance had to be called and the man was whisked to a local emergency room. It was his wife who reportedly learned that their server that night had forgotten to report her husband’s shrimp allergy to the kitchen.

Now, that man has filed a personal injury lawsuit, seeking unspecified monetary damages, likely for medical expenses and lost wages (if he was forced to take time off work).  Continue reading

As we head into the holiday season, many individuals and families will be hosting gatherings where they will invite loved ones, friends and acquaintances. Party hosts should be aware that when they invite people onto their property, they assume a degree of responsibility for the safety of those guests – in some cases even after they leave.beers

There are two primary avenues for this: General premises liability law and social host/ dram shop law. General premises liability holds that property owners/ those in charge of a property owe a duty of care to those who are welcomed there to ensure they are reasonably safe. Then there are social host liability/ dram shop laws. F.S. 768.125 holds that persons who sell or furnish alcohol to persons who are not of lawful drinking age or who are known to be habitually addicted to alcohol can be liable for damages caused by or resulting from that person’s intoxication. Most often, this occurs in the form of drunk driving accident, but it could be applied to other scenarios as well.

The recent case of Rogers v. Martin, recently before the Indiana Supreme Court, involved a party guest who was killed in a drunken brawl at the end of a house party. Questions arose about the owner’s responsibility for his safety, as well as her liability for allegedly “furnishing”alcohol to the other person involved in the fight. Continue reading

A growing number of organizations are requiring a signature on liability waivers before allowing folks to participate. On one hand, these documents are supposed to help patrons stay informed of the possible risks. The problem is, people rarely read them – or read them thoroughly – and the details in the fine print are often the most critical.

Although these waivers – which are essentially contracts – are often upheld by courts, they can be successfully challenged on a number of grounds. One could argue the waiver didn’t fully outline the exact risks. One might also argue that the waiver was inherently unfair. It’s possible to say the language was unclear or ambiguous. One could also argue gross negligence.splash

While waivers of liability can insulate organizations from liability for acts of negligence – which is an absence of reasonable care – they cannot insulate from gross negligence. The latter occurs when there is failure to use even the slightest amount of care. It is when a person deliberately disregards someone else’s safety by an act or omission they knew or should have known was going to put someone in danger. This was the allegation in the recent case of Steinberg v. Sahara Sam’s, weighed by the New Jersey Supreme Court. Continue reading

Ride-sharing service Uber is facing down yet another personal injury lawsuit in Miami after one of its drivers reportedly caused a car accident on Miami Beach, soon after departing from the Eden Roc hotel. iphone2

The accident caused massive brain damage to a nurse, a passenger in the vehicle who was visiting the city from South Carolina. Her husband, a physician, was also a passenger in the vehicle at the time of the crash, according to The Miami Herald.

This lawsuit is just the latest against Uber after a string of Miami-Dade car accidents. Meanwhile, the county is weighing legislation to consider regulating the business of Uber and Lyft, a smaller competitor.  Continue reading

A hot air balloon injury resulted in a lawsuit against the operator of the tethered rides, but the litigation almost didn’t get off the ground. Recently, the Wisconsin Supreme Court reversed a lower court ruling and granted plaintiffs the right to continue with their case, finding the defendant wasn’t shielded by the state’s recreational use statute. hotairballoon

Florida has a recreational use statute as well, codified in F.S. 375.251. The law provides protection from liability for land owners who offer up their property for free to be used by the public for recreational purposes. It’s an incentive to get private property owners to open up their lands for public enjoyment. However, if someone is injured on that site, they may have a tough time recovering damages.

But in Roberts v. T.H.E. Ins. Co., there was one major snag in the defense’s case: Defendant wasn’t the owner of the property. Continue reading

A federal jury in Atlanta awarded $11 million to plaintiff in the first bellwhether trial in a multidistrict litigation against Wright Medical Technology, Inc. for purportedly defective metal hip implants. doctor5

Not only was the device found to be defective, but jurors concluded the company deceived patients and doctors concerning the safety of these devices. The verdict In re: Wright Medical Technology Inc., Conserve Hip Implant Products Liability Litigation, includes $1 million in compensatory damages to plaintiff, plus another $10 million in punitive damages against defendant. Punitive damages are allowed in cases where there is evidence of gross negligence by a defendant, where the conduct is found to be so egregious that defendant was so reckless or wanting in care it amounted to a conscious indifference or disregard to the rights, safety and lives of others.

Plaintiff in this particular case was one of 2,000 who has thus far filed a complaint against the company and subsequently entered a tolling agreement.

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