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Sep

14

Girl’s Ecstasy Overdose at Rave Prompts Wrongful Death Lawsuit

Posted by guest-writer | Posted in Personal Injury News

Raves fueled by drugs like ecstasy are a popular source of entertainment for adventurous teenagers, but they usually occur in abandoned buildings and other nondescript locales.

The consumption of dangerous drugs and loud music tend to drive these gatherings underground.

However, it seems that a Los Angeles company actively promotes and creates large rave parties. The company may be questioning its bizarre business plan after the death of a 15 year-old girl has her stunned parents searching for justice.

The parents of the late teenager, Sasha Rodriguez, have filed a personal injury lawsuit against Electric Daisy Carnival (EDC) after their daughter died of an ecstasy overdose at an EDC event at the publicly-owned L.A. Coliseum in 2010.

In addition to its claims against the promoter, Sasha’s parents have also filed suit against the L.A. Coliseum Commission and a former Coliseum official, Todd DeStefano.

According to sources, the lawsuit alleges that the 15 year-old should not have been admitted into the party, which marketed as event for teenagers above the age of 16.

In addition, Sasha’s parents claim that event employees were unable to attend to her ill daughter for 20 minutes due to understaffing and overcrowding.

Finally, the lawsuit claims that the event organizer puts corporate profits ahead of the health of its attendees, as the EDC events are “virtually synonymous with possession, distribution, and consumption of illicit drugs, predominantly MDMA or ‘Ecstasy.’”

In its defense, the company has claimed that it bears no responsibility for Sasha’s use of ecstasy, as she alone made the decision to use the drug, and the company allegedly did not have any connection to the drug’s distribution at the event.

The lawsuit raises a number of uncomfortable questions. First, some critics argue that the parents should also bear some of the responsibility for allowing their daughter to attend the event in the first place.

Moreover, other observers are stunned that a company with such a public profile can organize events known for the use of dangerous drugs. In particular, the presence of such an event at the L.A. Coliseum has alarmed some Los Angeles residents.

After Sasha’s death last year, a large volume of public outcry led the Los Angeles mayor to call for a review of EDC and similar party-hosting companies.

A Los Angeles Times investigation uncovered an unsettling connection between Todd DeStefano, a former Coliseum official, and rave promoters.

Allegedly, DeStefano received compensation from rave promoters for helping them hold events in the large venue. The lawsuit alleges that this conflict of interest clouded DeStefano’s professional judgment.

In response to the troubles in Los Angeles, EDC has decided to move its next event to Las Vegas.

In the meantime, with the help of a local injury lawyer, Sasha Rodriguez’s parents will use their wrongful death claim to try to seek some justice for the premature death of their teenage daughter.

Aug

19

Parents File Injury Lawsuit After Baby Gets Salmonella from Ground Turkey

Posted by guest-writer | Posted in Personal Injury News

Food poisoning can lead to a prolonged, uncomfortable illness, but the dangers of contaminated food are often increased when children are exposed to unsafe bacteria.

A recent lawsuit highlights the dangers that occur when children eat contaminated food.

A 10-month-old girl recently contracted salmonella after eating ground turkey made by a unit of Cargill Inc., and her parents have filed a personal injury lawsuit against the company for her troubles.

According to sources, Ruby Jane Lee ate ground turkey produced by Cargill Meat Solutions Corp. that was contaminated by an antibiotic-resistant strain of salmonella. The ground turkey was part of a spaghetti and meatball dish created by the girl’s father.

Sources indicate that the allegedly contaminated turkey was part of a batch of roughly 36 million pounds of ground turkey recalled by Cargill this month.

The dangerous strain of salmonella that may appear in both fresh and frozen ground turkey has already been connected to one death in California and more than 100 illnesses in other states.

After ingesting the tainted turkey, Lee reportedly suffered from severe diarrhea and a high fever. She spent a week in the hospital before she was discharged.

The defective product lawsuit, which was filed in federal court in Oregon, seeks compensation for medical bills, pain and suffering, emotion distress, and lost wages for Lee’s parents, according to Reuters.

According to the attorney representing Lee and her family, Cargill allegedly has a shaky public health record, as recalls due to outbreaks of salmonella and E. coli bacteria have occurred fairly frequently.

In its defense, the embattled company, based in Wichita, Kansas, has apologized to the people made ill by the ground turkey and promised to improve its food handling procedures to ensure greater product safety.

The products recently recalled by Cargill were manufactured in Arkansas, and include popular brands such as Honeysuckle White, Shady Brook Farms, Safeway, and Kroger.

Unfortunately Ruby Jane Lee’s case of salmonella is not a rare occurrence. According to the Centers for Disease Control and Prevention in Atlanta, one in six Americans suffer from food poisoning each year.

In some cases, food poisoning may be due to poor or unsanitary cooking. In others, the food may have been tainted before it even arrived in a store or restaurant.

To protect yourself and your family, pay close attention to recall orders when they are announced. Companies rarely recall products without cause, so these warnings should be treated seriously.

If you or a loved one has become seriously ill due to contaminated food, you may be eligible to seek compensation in a personal injury lawsuit. Personal injury laws vary by state, so a local attorney may provide further information about your legal rights.

Learn more about seeking legal relief through a defective product claim by contacting a local injury lawyer today.

Aug

12

Wrongful Death Lawsuit Says Homemade Plane’s Errant Landing Killed Pedestrian

Posted by guest-writer | Posted in Personal Injury News

A personal injury lawsuit filed recently in Beaufort, South Carolina accuses the manufacturers of a kit-built airplane and the pilot of the aircraft of sharing responsibility for the death of a bystander struck by a falling aircraft.

The wrongful death and negligence lawsuit comes in the wake of a terrible accident that took place last year on Hilton Head Island on the South Carolina coast.

The lawsuit alleges that a Georgia resident, Robert Gary Jones, was jogging along the beach and listening to his iPod when the small plane fatally struck him from behind as it tried to make an emergency landing, according to the Atlanta Journal-Constitution.

According to sources, the pilot of the plane, Edward Smith, was flying with a passenger from Orlando to Virginia at 13,000 feet when he heard a loud bang.

Immediately after the loud noise, the windshield became covered with leaking oil from a damaged engine, and Smith had lost his propeller. Having lost forward velocity and losing altitude at a rapid rate, Smith decided to make an emergency landing on the beach.

Sources indicate that Jones was unaware of the falling plane until it struck him. Both Smith and his passenger were able to walk away from the accident without serious injuries.

According to a recently completed investigation by the National Transportation Safety Board, the plane’s crankshaft had been damaged by a previous impact by a foreign object against the propeller. This impact had not been recorded.

Investigators also said that the crash was likely a result of a loss of engine power due to the failure of the previously damaged crankshaft.

The wrongful death lawsuit, which was filed by Jones’ family, claims that the pilot and four different companies involved in the manufacture of design of the aircraft each share responsibility for the accident.

The four companies named in the suit were involved in either the manufacture, design, or servicing of the airplane. The lawsuit alleged that these companies failed to properly test, design, or manufacture the airplane and its various parts.

In addition, the lawsuit alleges that these companies were aware of other fatal accidents involving the same type of aircraft.

In their defenses, the manufacturers of the airplane deny responsibility, claiming that the parts of the airplane that led to the crash were either misused or altered after they were sold to Smith.

Smith, the pilot, also denies legal responsibility for the accident, and alleges in his answer to the lawsuit that the manufacturers of the plane hold sole responsibility.

Kit-built airplanes are fairly popular amongst do-it-yourself airplane enthusiasts, but accidents such as these call into question their safety.

If you or someone you love has been injured or killed in an airplane accident, learn more about your legal rights by contacting a local injury lawyer today.

Jul

28

Vegetarians Raise Beef with Restaurant in Negligence Lawsuit

Posted by guest-writer | Posted in Personal Injury News

A recent personal injury lawsuit filed in New Jersey raises interesting questions about religion, the purposes of personal injury law, and the level of precautions a restaurant must take when serving vegetarian customers.

According to sources, an appellate court has allowed a negligence lawsuit filed by 16 vegetarian Hindus against an Indian restaurant in Edison Township, New Jersey, to proceed.

In their lawsuit, the vegetarians allege that the restaurant negligently served them meat-filled samosas. This error occurred after the vegetarians explicitly requested vegetarian samosas in their take-out order.

One of the plaintiffs, Durgesh Gupta, claims that a restaurant employee assured him that the restaurant only served vegetarian samosas, so there was no need for concern.

However, the restaurant admits that the take-out order placed by the plaintiffs was accidentally switched with another order of meat-filled pastries. Upon learning of the mistake, the restaurant immediately offered a free order of vegetarian samosas.

On the surface, this case seems to involve a mundane food mix-up. The plaintiffs, however, are strict Hindus who claim that eating meat, even accidentally, affects their “karma and dharma,” or the purity of their souls.

As a result of their ingestion of meat, the plaintiffs claim they have to pay for a trip to India to conduct a purification ceremony. The trip requires visiting the city of Haridwar, a pilgrimage destination in northern India along the Ganges River.

If they fail to conduct this cleansing ceremony, the plaintiffs believed that their souls are in dire risk.

Thus, in their personal injury lawsuit, the Hindus are seeking compensation for the cost of their trip to India for the purification, as well as compensation for spiritual injuries and emotional distress.

Initially, the trial court dismissed the claim, saying that the plaintiffs did not have grounds to sue. A recent appellate court decision, though, reversed this finding, and said that the vegetarians could proceed with their claim.

While the lawsuit may seem frivolous for people who do not place a strong spiritual premium on their dining choices, these plaintiffs seem to have suffered a genuine perceived harm.

The combination of religion and law has always made for controversial lawsuits, but the appellate court found that a so-called spiritual injury counts as an injury that may lead to a lawsuit.

The plaintiffs may very well lose their claim, but this case shows that not all personal injuries have to involve calamitous physical wounds.

On the contrary, spiritual and emotional distress are very real forms of trauma, and legal relief may be sought for these injuries under the right circumstances.

If you have suffered emotional distress or other psychological trauma as a result of poor treatment, negligence, or abuse, contact a local injury attorney today to learn more about your legal options.

Jul

27

Horse Chomps Off Woman’s Finger, Personal Injury Derby Ensues

Posted by guest-writer | Posted in Personal Injury News

In the popular imagination, horses are noble, gentle creatures who, when not carrying small men on their backs in mile-long races, spend their days leisurely chewing hay and oats.

This image may be partly true, but even many animals lovers theorize that horses are a few pegs below cats and dogs in the animal intelligence department.

Solid evidence of this theory was recently presented when a horse allegedly bit off part of an Illinois woman’s finger in a gruesome farm incident. In the wake of this disaster, the injured woman has filed a personal injury lawsuit against the owners of the equine nibbler.

According to sources, Linda O’Leary claims that she was bitten by a chestnut-colored gelding while she was taking pictures of her grandchildren feeding other horses at Wagner Farm in the Glenview Park District of northern Illinois.

In perhaps the most graphic description of an animal attack ever recorded, O’Leary boldly told the Chicago Tribune that, after the horse got hold of her hand, she could feel a “sucking feeling and then a crunch, and he opened his mouth, and I pulled my hand out, and [my finger] was gone.”

In her personal injury claim, which names the Glenview Park District as the defendant, O’Leary says the horse took off her right index finger above the first knuckle.

O’Leary had been visiting the park with her two grandchildren, who were six and eight years old at the time. She claims the horse “came out of nowhere” when she backed out of a crowd to take a picture of her grandchildren.

She also expressed her concern that the horse could have done much more damage to the smaller children, and felt fortunate that they were not harmed.

The injury is particularly debilitating for O’Leary, who is right-handed, because she works in the payroll department for a Chicago business, and claims that she cannot use the finger for turning a key in a door without experiencing severe pain.

In response to the lawsuit, the executive director of the Glenview Park District did not offer a comment, but did state that the horse in question had not previously bitten any visitors before this incident.

Animal attack lawsuits occur in a number of different ways, including dog bites, horse attacks, and other forms of animal violence.

In order to bring an animal attack lawsuit, most victims of these attacks must be able to prove that the animal’s owner, or the person in charge of monitoring the animal, negligently failed to properly supervise the animal.

These cases often turn on nuanced bodies of tort law, which vary widely by state.

To learn more about the laws governing animal attacks in your area, contact a local injury lawyer today for further information.

Jul

20

Strauss-Kahn Accuser Shifts Gears, Sues New York Post for Libel

Posted by guest-writer | Posted in Personal Injury News

In past few weeks, the sexual assault trial against Dominique Strauss-Kahn has taken a surprising turn, as New York prosecutors discovered several inconsistencies in the accuser’s story.

The woman who accused Strauss-Kahn of sexual assault is a 32 year-old immigrant from Guinea who had been working as a maid at Strauss-Kahn’s hotel.

According to prosecutors, her allegations against the former head of the International Monetary Fund were weakened by past lies she told to authorities about her personal background.

Among the untruths the woman is alleged to have made were claims in her asylum paperwork that she had previously been raped.

In addition, investigators found that the woman allegedly discussed the potential financial benefits of filing a lawsuit against Strauss-Kahn shortly after the purported assault.

While these claims have severely weakened the criminal case against Strauss-Kahn, the woman has shifted gears and is reportedly filing a personal injury lawsuit against the New York Post for libel.

According to sources, Strauss-Kahn’s accuser has filed a libel suit against the newspaper and five of its employees after it reported that she was a prostitute. She claims that this allegation is false and defamatory.

The lawsuit cites the New York Post’s articles from July 2 to July 4 that referred to the hotel maid as a “hooker” who “routinely traded sex for money with male guests.”

The newspaper went so far as to accuse the woman of continuing to work as a prostitute after the alleged incident with Strauss-Kahn while being protected by the New York District Attorney’s office.

In a terse comment offered to Reuters reports, a spokesperson for the New York Post said that the newspaper stood by its comments.

Thus, while the criminal case against Strauss-Kahn appears to be on life support, his accuser hopes to obtain legal relief against a newspaper that published allegedly defamatory remarks about her.

In libel lawsuits, the bar for celebrities to prove libel is often much higher than the bar for ordinary citizens. Celebrities and public figures subject themselves to higher thresholds of satire and ridicule due to their frequent presence in the public eye.

Since the woman is a non-celebrity, she may have a better chance of proving that she suffered real harm from the newspaper’s allegations.

If you or someone you know has suffered economic or personal injury from false reporting, whether it was on the Internet, in a newspaper, or on television, you may be able to seek legal relief.

The laws governing slander and libel, though, vary according to state. As a result, it may be beneficial to ask a local lawyer questions about your local laws.

Contact a local injury lawyer today to learn more information about filing a libel lawsuit.

Jul

15

Sharon Stone Ordered to Pay $232,000

Posted by ckramer | Posted in Personal Injury News

It’s been years of back and forth, but the case is now finally resolved. A Los Angeles jury ordered actress Sharon Stone to pay $232,000 to a man who says he was injured on her property in 2006.

Stone’s Property

This incident allegedly took place at Stone’s estate in the Los Angeles area, which in 1995, soon after becoming a megastar due to the hit movie “Basic Instinct”.

Stone planned to spend a couple of years expanding and refurbishing the 11,000 square-foot Mediterranean-style home (complete with a tennis court and a pool) before moving onto the property.

Lawsuit Details

Peter Krause (not the actor by the same name) says he fell more than 15 feet into a ravine while installing outdoor wiring for a backyard sound system on her estate. Apparently, he tried to grab onto a lattice fence on top of a retaining wall. When the fence collapsed, he slid onto a neighbor’s adjoining property, seriously damaging his knee.

Because of the injury, he asserts that he’s been limited in his job prospects. Two years after this alleged incident, he filed the lawsuit against Stone.

Krause’s lawyer, John Torjesen, argued that Stone’s fence was in violation of a Los Angeles city code that requires property owners to have sturdy fences on their land.

When Stone testified in her own defense, she claimed that she always has had a chain-link fence surrounding her backyard. The implication was that this situation could never have happened. Her fence was not made of wood as the plaintiff had stated.

Furthermore, Stone informed the jury that she enjoys gardening so she examines her property often. She also claimed that she had no firsthand knowledge Krause was ever injured on her estate.

In addition to the case’s unusual nature, jury selection brought one of its most memorable moments. A potential juror claimed she couldn’t consider the circumstances in a neutral way because she has no respect for Stone’s work as an actress.

The judge ignored her request to be released and sent her back into the jury pool.

The Verdict

The jury deliberated for an entire day before determining that Stone was at fault. They concluded that her fence was indeed inadequate and held her responsible.

Originally, Krause had asked for $1.5 million, which included pain and suffering as well as lost wages.

While Stone’s attorney, Jerry Popovich, agreed that medical damages did come to $33,000, he argued that Krause shouldn’t receive more than $120,000 for the rest of his claims.

In the end, the jury decided that Stone should pay Krause $232,000 to compensate him for his injuries.

Popovich is currently considering an appeal.

Jul

14

85 Year-Old Alabama Man Files Police Brutality Lawsuit

Posted by guest-writer | Posted in Personal Injury News

Police brutality cases often arise from violent interactions between the police and relatively young citizens. Sometimes, though, unique circumstances lead to bizarre uses of police force against people of all ages - even the elderly.

Recently, an 85 year-old resident of Alabama filed a personal injury lawsuit against the town of Fairhope, alleging that he was beaten by a police officer in an incident in 2009.

According to sources, the incident started when the man who filed the police brutality claim, Dorsey Henderson, witnessed a purported drunk-driving accident in front of his house.

After seeing the accident, Henderson somehow subdued the driver who caused the one-car collision, holding him until police arrived. When the police arrived shortly thereafter, the parties’ stories diverge.

Henderson claims that the officer in question, Trent Scott, grabbed his right arm, slammed him into his gravel driveway, and struck various parts of his body, including his head, neck, and back.

However, in Scott’s defense, the city attorney claims that Henderson refused to obey the officer’s instructions and “was aggressively inserting himself into the situation.” Other comments by the police indicate that Henderson was attempting to make a citizen’s arrest, which Scott said didn’t exist in Alabama.

Regardless of the cause of the physical altercation, Henderson claims he suffered serious injuries and is seeking at least $250,000 in personal injury compensation from the city of Fairhope.

Henderson says he suffered a broken nose, several contusions, and has had multiple surgeries on his right shoulder to repair ligament damage in his rotator cuff.

Sources indicate that Scott has been a member of the city’s police department since 2005, and was named the “officer of the month” in November of 2010.

Henderson, though, has credentials of his own. The alert citizen is a retired Army intelligence officer and a veteran of World War II, Korea, and Vietnam. He speculates that the officer became upset after Henderson called him “son” rather than “sir.”

The lawsuit further alleges that Henderson’s wife told the dispatcher that her husband was being beaten, and when an ambulance arrived, Scott allegedly said that Henderson did not need an ambulance.

Later in the night, however, one of Scott’s superior officers called the ambulance back to the scene, the elderly man was treated by local paramedics.

Local police officers have a monopoly on the lawful use of force, so courts take police brutality claims very seriously. These cases, though, can be very complex, as it can be tricky to prove that an officer acted illegally.

If you or someone you know has been victimized by police brutality, you may be able to seek legal relief by filing a personal injury lawsuit.

To learn more about your legal rights and options, contact a local injury lawyer today.

Jul

12

Family Wins Personal Injury Lawsuit After Young Son Killed by Bear

Posted by guest-writer | Posted in Personal Injury News

The loss of their young son four years ago still causes daily pain for Rebecca Ives and Kevan Francis, but they were heartened by a recent decision that they hope will change the government’s policies regarding dangerous animals on public lands.

The family of Samuel Ives filed a personal injury lawsuit against federal and state authorities after Samuel, who was only 11 years old, was fatally attacked by a bear while his family was hiking in Utah’s American Fork Canyon.

According to sources, in their first animal attack lawsuit against the federal government, Ives and Francis recently won a judgment of $1.95 million. The judge determined that government employees acted negligently when they failed to notify Samuel’s family that a dangerous bear was near the camping area.

While another lawsuit against state authorities is still pending, the first settlement determined that the federal authorities were 65 percent responsible for the accident, the state employees held 10 percent of the blame, and Samuel’s family bore 25 percent of the responsibility.

This case offers a prime example of contributory negligence, which may reduce the amount of damages a plaintiff can recover, but does not necessarily prevent them from obtaining some legal relief.

After the decision was announced, sources indicate that Rebecca Ives expressed her desire that the outcome would change the way government officials warn park attendees of dangerous animals.

Ives believes that Samuel’s death could have been avoided. She claims the bear that dragged Samuel out of his tent and killed him had previously attacked another hiker. As a result, she says the park authorities should have notified the family of the presence of a highly dangerous animal.

In its defense, the government pointed to signs in the canyon warning hikers that bears were in the vicinity. Ives, however, argues that more specific warnings should be given to campers, particularly when an aggressive bear is in the area.

Ives and her attorney both claimed that the government had considered implementing such a policy before the accident, but never acted on the measure. Enacting a personalized warning system, though, would be very costly for cash-strapped public land agencies.

Nevertheless, Samuel Ives’ parents are hoping their lawsuit convinces the government to create a sort of “Sam Alert” that would give campers more detailed warnings about the presence of bears that have previously attacked other people.

Animal attacks occur fairly frequently, both in rural and urban areas. Wild areas pose obvious risks of attacks from snakes, bears, and other dangerous animals. In addition, residents of cities face a risk of animal attacks, particularly from dogs and other domesticated animals.

If you have been the victim of an animal attack, and would like to learn more about your legal rights and options, contact a local injury lawyer today.

Jun

15

Bizarre Sweat Lodge Deaths Lead to Personal Injury Settlement

Posted by guest-writer | Posted in Personal Injury News

A ceremony with a tragic result at an Arizona sweat lodge in 2009 shook a small community and led to an avalanche of litigation. Finally, some of the families of the deceased have obtained legal relief.

After three people died during a sweat lodge ritual, the families of the victims and seven other participants in the ceremony filed a personal injury lawsuit against Michael and Amayra Hamilton, who own the Angel Valley Retreat Center near Sedona, Arizona.

According to reports, the lawsuit recently culminated in a personal injury settlement in which the Hamiltons do not admit to guilt but presumably parted with a fair amount of money. The exact terms of the settlement were not disclosed due to a confidentiality agreement between the parties.

Sources indicate that the original lawsuit was just one among a series of lawsuits filed against the Hamiltons after the 2009 incident. Most of these lawsuits alleged negligence, wrongful death, and fraud.

In addition, another man who actually led the ill-fated ceremony, James Arthur Ray, is still in the midst of a manslaughter trial which has yet to reach a conclusion.

In the lawsuit that recently reached a settlement, the families of the three deceased victims, Kirby Brown, James Shore, and Liz Neuman, alleged that other people had become very ill in previous ceremonies led by Ray at the Angel Valley Retreat Center.

As a result, the families claimed that the Hamiltons acted with an “evil mind” when they allowed new ceremonies to proceed.

Moreover, they claimed that the Hamiltons failed to adequately warn the participants of the dangers of the ceremony, failed to provide proper medical care, and did not take measures to ensure that the sweat lodge was safely constructed.

In response to these claims, however, Amayra Hamilton told the Associated Press in 2010 that she and her husband felt “very much at peace with what we did and did not do.”

Again, the terms of the settlement were not disclosed, but the original lawsuit sought damages that were “fair and just” for the victims’ families, as well as compensation for medical bills and attorneys’ fees.

The sweat lodge fiasco brought more financial pain for the Hamiltons, who had already filed for Chapter 11 bankruptcy protection before the sweat lodge ceremony went awry in 2009.

To help with their litigation costs, the Hamiltons have also filed a lawsuit against Ray, the man who led the ceremony, and his California Company, alleging that the litigation and negative publicity had caused irreparable harm.

Wrongful death claims arise from a number of different circumstances, ranging from accidents at work to fatal car wrecks. Personal injury laws allow the victims’ families to seek legal relief in civil court.

If someone you love has passed away due to the negligent or intentional actions of another person, you may be able to pursue a personal injury claim.

To learn more about your legal rights and options, contact a local injury attorney today.

Jun

9

Could Strauss-Kahn Face Civil Lawsuit for Alleged Sexual Assault?

Posted by guest-writer | Posted in Personal Injury News

Dominique Strauss-Kahn, the beleaguered former head of the International Monetary Fund, recently made headlines when he allegedly assaulted a maid at Sofitel Hotel in New York.

The allegations have led to a firestorm of international media speculation, as some French press claimed the entire mess was a set-up aimed at destroying Strauss-Kahn’s political career, while other French citizens have brought forth new allegations of sexual assult against the popular figure.

In the wake of the alleged attack, Strauss-Kahn’s first concern is defending himself in a pending criminal trial in New York. According to sources, he was recently indicted by a grand jury, and his fate will eventually be determined at trial.

Regardless of the outcome of the criminal trial, a recent article in Reuters discussed the possibility that the woman who was allegedly attacked might file a personal injury lawsuit filed in civil court.

While the prosecution must prove the defendant’s guilt beyond a reasonable doubt in a criminal trial, civil claims, such as sexual assault lawsuit, need only be proven by the preponderance of evidence.

The preponderance of evidence standard is a much lower threshold than its criminal counterpart, partially because civil trials cannot result in jail time for the defendant, but they may result in millions of dollars of damages for the plaintiff.

In this case, the victim’s attorney said she has no current plans to file a civil lawsuit, but some attorneys claim that a potential lawsuit could be very valuable, especially since Strauss-Kahn reportedly has very deep pockets.

In a civil trial, the alleged victim would be able to pursue compensation for her pain and suffering after the attack, as well as any medical bills she accrued. She may also seek damages for lost time at work.

Other attorneys also speculate that the victim could seek punitive damages in a civil trial, which would potentially allow her to ask for information about Strauss-Kahn’s wealth, figures that could sway a jury’s decision.

In another bizarre twist, a potential sexual assault lawsuit could also try to name the International Monetary Fund as a defendant, if Strauss-Kahn was working on official business during his stay at the hotel.

Again, this is all purely speculation, but it is fair to say that these are very nervous times for Strauss-Kahn.

While attacks against hotel maids by famous French politicians are relatively rare, sexual violence occurs far too often in the United States.

In order to provide justice for victims of these attacks, personal injury laws in every state offer victims a chance to seek legal relief from their attackers.

If you or someone you love has been the victim of sexual abuse, contact a local injury lawyer in your area to learn more about your legal rights.

May

17

Former Football Player Sues High School for Treatment After Brain Injury

Posted by guest-writer | Posted in Personal Injury News

Concussions have recently taken center stage in the debate over the treatment of athletes, particularly football players. High-profile brain injuries to professional athletes have served as a warning to football players at every level.

While the long-term effects of concussions remain somewhat unclear, many doctors and scientists are urging sports teams to treat head injuries with extreme caution. A recent lawsuit alleges that one high school failed to heed this advice.

Zachary Alt, 19, of Fawn, Pennsylvania has filed a personal injury lawsuit in federal court against the Highlands School District, alleging that coaches and administrators failed to treat him with adequate care after he suffered a head injury.

The former football player claims that a trainer and coach jeopardized his health by putting him back into games after he suffered serious brain injuries.

According to sources, Alt’s mother claims that her son cannot work a full-time job because he has experienced depression, insomnia, and nausea since a helmet-to-helmet tackle occurred in two games in 2007, when Alt was a high school sophomore.

During one game in October of 2007, Alt alleges that he was not properly evaluated by the training staff after a head injury, and continued to play despite his concerns. To make matters worse, a similar helmet-to-helmet injury allegedly occurred a few weeks later during a playoff game.

After the second injury, Alt again remained in the game, despite his mother’s claim that he appeared disoriented on the sidelines. Shortly after the game, Alt’s mother took him to an emergency room, where his head injury was diagnosed.

The Alts also claim that Zachary’s schoolwork and attendance suffered after his injury, although the complaint admits that he received mostly A’s after the injury and later graduated from the school.

Sources indicate that Alt started playing football at the tender age of 8, and played a prominent role on the Highlands High School football team as a fullback, despite his relatively small stature.

Alt’s lawsuit has attracted a lot of attention in western Pennsylvania, a region that has seen two high school students suffer fatal concussions in the last six years.

In response to Alt’s complaint, Highland officials refused to comment on the pending litigation, saying they had not yet reviewed the lawsuit.

In the lawsuit, Alt is seeking more than $75,000 in damages, and claims that the school violated his constitutional right to education through their treatment of his head injuries. Among other people, the lawsuit names the athletic trainer, an assistant principal, and the school’s principal as defendants.

If you or someone you know has suffered a traumatic brain or spinal injury from an athletic event, and believe that the injury was poorly treated, you may be able to seek personal injury relief.

In addition, brain injuries from a number of other sources, including car accidents, medical malpractice, or on-the-job remedies, may lead to a personal injury lawsuit.

For more information on injury laws in your state, contact a local injury attorney today.

May

3

Monster Energy Drink Contains Tiny, Furry Tenant, Injury Lawsuit Ensues

Posted by guest-writer | Posted in Personal Injury News

Energy drinks are often praised for boosting energy levels, but one unlucky man from Federal Way, Washington experienced an unwelcome shot of adrenaline from a recent drink.

Vitaliy Sulzhik, the surprised customer, recently filed a personal injury lawsuit against Hansen Distributing Company, the maker of Monster Energy Drink, after allegedly discovering a dead mouse in a can of the popular energy drink.

According to sources, the incident occurred on March 20, 2010, when Sulzhik bought a Monster Energy Drink from a local convenience store.

After his purchase, Sulzhik consumed the entire drink. He became suspicious of the contents of the can when he noticed that the can was still heavy after he had completed his energy drink. Out of respect for the reader, Sulzhik’s reaction upon discovering a dead mouse at the bottom of the cam will be mercifully omitted from this account.

Soon after discovering the rodent who had sought free rent in his can, Sulzhik contacted an injury attorney, who sent the can to forensic specialists, where the validity of Sulzhik’s claim was allegedly confirmed.

To add another bizarre twist to the story, x-rays and autopsies performed on the hapless mouse revealed that the mouse had not suffered any trauma from a mouse trap or any kind of poison.

As there is no proof that the mouse was killed and forced into the can, Sulzhik’s claim is strengthened because it appears the mouse may have voluntarily entered the can at some time during the production process.

Sources indicate, however, that the energy drink’s manufacturer is skeptical of Sulzhik’s allegation. A statement recently released by Hansen Distributing Company claims that, if the mouse had entered the can during the production process, it would have decomposed and rendered the product undrinkable.

A key issue at trial may be whether Sulzhik was truly able to consume the entire drink without noticing the presence of the mouse.

To no one’s surprise, Sulzhik says that has not yet drank from a can since the incident.

In his complaint, Sulzhik has alleged both negligence and product liability on the part of Hansen Distributing Company. He has yet to place a specific dollar amount on his claim.

Defective product lawsuits come in all shapes and sizes. People often file lawsuits when they are injured by a defective consumer good, such as a faulty prescription drug or tainted food.

Food recalls often occur as a result of vegetables and meat tainted with bacteria, such as salmonella or E. coli. Of course, the presence of a small mammal in a package of food or drink may also prompt a valid personal injury claim.

If you have suffered an injury due to tainted food or another type of defective product, contact a local injury lawyer today to learn about your legal rights.

May

2

Bret Michaels Files Brain Injury Lawsuit Against Tonys, CBS

Posted by guest-writer | Posted in Personal Injury News

Bret Michaels, famous for his long tenure with the rock band Poison as well as his recent appearances on reality television, recently filed a personal injury lawsuit against CBS and Tony Award Productions for an injury suffered during an awards show in 2009.

According to sources, the lawsuit alleges that producers of the Tony Awards failed to properly inform Michaels of how to exit the stage after his performance.

The lawsuit claims that Michaels expressed concern about safely exiting the stage, and where he should stand during his live performance. In response, the producers of the show allegedly told Michaels that he should simply leave via the back of the stage.

This, however, proved to be unhelpful information, as Michaels was struck by a large sign falling from the ceiling after his performance of the popular Poison song “Nothin’ But a Good Time.”

The impact of the collision broke the singer’s nose and split his lip. Allegedly, Michaels was not told that this sign would be descending immediately after the show.

These injuries did not prove to be debilitating until six months after the injury, when Michaels suffered a frightening subarachnoid hemorrhage, a medical term that refers to bleeding beneath the thin layer of tissue covering the brain.

This injury was almost fatal for Michaels, who eventually recovered, but likely accrued a large amount of medical bills in the wake of the accident.

The lawsuit, which was filed in Los Angeles Superior Court, claims that CBS and Tony Award Productions were responsible for the personal injury. Michaels has also alleged that the producers of the show blamed him for the accident, claiming he was standing in the wrong place when the collision occurred.

All brain injuries are very serious, and must be treated with extreme caution. Brain injuries may occur as a result of a car accident, physical abuse, or negligent medical treatment.

Even if you suffered a minor injury, symptoms of potentially serious brain trauma may include nausea, depression, and irritability.

If you or someone you love has suffered a brain injury due to someone’s negligent or intentional actions, you may be eligible to seek legal relief through a brain injury lawsuit.

A successful personal injury claim may allow a person to recover expenses related to rehabilitation, other medical costs, lost wages, or pain and suffering. Brain injuries may also force people to use special transportation or use household medical help.

The legal system provides a wide range of protections for people who suffer personal injuries.

To learn more about pursing a personal injury claim, contact a local injury lawyer today.

Mar

28

Wrongful Death Lawsuit Blames Prison for Murderous Escapees

Posted by guest-writer | Posted in Personal Injury News

Murder at the hands of escaped convicts is extremely rare, but the haunting image of murderous escapees often appears in popular books and films. Such an event, however, recently occurred in New Mexico.

This week, the family of a couple allegedly murdered by prisoners who had escaped from a private detention facility in Arizona filed a personal injury lawsuit against the prison.

According to sources, the murder took place in 2010, when Gary and Linda Haas, an Oklahoma couple, were shot to death and set on fire in their mobile trailer during a camping trip.

Days later, a rancher found their bodies in a smoldering trailer. A few days earlier, three inmates had escaped from a privately operated prison near Kingman, Arizona.

Investigators at the scene of the crime quickly connected the murders to the escaped convicts, and the rancher’s discovery led to a national manhunt for the escaped convicts.

A few days later, one convict, Tracy Province, was caught in Wyoming, while the other two escapees, John McCluskey and Casslyn Welch, were arrested a week later in Arizona.

This week, Cathy Byus, the surviving daughter of Gary and Linda Hass, filed a wrongful death lawsuit against both the company that operated the prison and the builders of the prison’s facilities.

The lawsuit, which seeks roughly $40 million in damages, alleges that the companies committed gross negligence for failing to fix security flaws that had occurred for several years and helped the alleged murderers escape the facility.

After the prisoners’ escape, a review by the Arizona Department of Corrections found several flaws in the security system, including a faulty alarm system that prison employees often ignored because it was so unreliable.

On the night of the escape, investigators believe that one of the prisoners escaped the prison’s walls and used wire cutters to cut the fence surrounding the facility. This allowed the other prisoners to swiftly escape.

According to reports, the prison’s employees ignored the alarm that was set off as a result of the prisoners’ movements, and the prison did not report the incident to state authorities until two hours after the escape.

The prisoners’ left a wake of destruction in their path, allegedly hijacking a truck and exchanging gunfire with police before the fateful incident in the Hasses’ trailer.

This incident has raised a number of issues related to state oversight of private prisons. As the country continues to imprison more and more people, states are running out of room and turning to private companies to provide extra prison space.

Beyond the issue of private prisons, wrongful death claims often arise from the negligence of a party that was not directly involved with the crime.

If someone you love has passed away due to another person’s negligence, learn about your legal rights by contacting a local injury attorney.

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