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Drunk Drivers Exposed to Punitive Damages

Larry Knapp — Tue, 18 Sep 2007 10:28:15 GMT

When a drunk driver causes an injury in the state of California like Herondina Pinherosias is accused of doing to Clement Cope yesterday afternoon in the Sonora area on Highway 120, the Civil Justice System enables a jury to punish the drunk driver by

including money in their verdict for punitive damages. The purpose of these damages is to send a message to the driver that their conduct is so extreme and reckless that public policy will exact exemplary damages for the broken lives of those effected.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Larry Knapp

HIV Scare in VA Hospitals Stirs Concern of Medical Malpratice

Marlon A. Scarlett — Thu, 09 Apr 2009 19:17:07 GMT

Recently the VA hospitals in TN, GA and FL openly admitted that over 10,000 patients may have been exposed to HIV and other fatal diseases. This breach of duty is due to the VA's failure to maintain industry standard safe hospital equipment, and is simply unacceptable.

As a former Coastie (U.S. Coast Guardsman) I find that I take the well being and care of our present and former service members to heart, and unfortunately the recent HIV scare continues to paint the Department of Veterans Affair in a very negative light.

The VA spokes person Roberts said the department doesn't yet have results from most of the more than 10,000 veterans it warned to get blood tests because they could have been exposed to contamination at those two facilities plus a medical center in Miami.

All three sites failed to properly sterilize equipment between treatments.

VA's open acceptance of such error is great and will do much for veteran's affected by this breach. However, justice may resolve some issues as for damages, learning to live with such a life changing disease may be all too overwhelming.

Our veteran's deserve better care than this. These issues at the VA have been long since persistent due to many years of mismanagement, poor training and failure to be on par with their civilian counterparts. If you have possibly been affected by this scare, get tested and then seek justice!

Stay Safe,

Marlon

Originally posted at InjuryBoard by Marlon A. Scarlett

Do your Duty. Jury Duty.

Lawrence Knapp — Thu, 04 Jun 2009 17:41:50 GMT

As a trial attorney, I am always disheartened when I hear friends and acquaintances bash jury duty. I represent folks who have spinal injuries, broken arms and legs, head injuries or a family member has died. These are people who's lives have been seriously effected by the negligence of others. My clients are normal everyday folks, just like my friends and acquaintances, who need the civil justice system to provide them with a fair and just result. The right to a jury trial is one of the most important rights we enjoy in America and one that sets our country apart from most others. That right depends upon the willingness of citizens to serve as impartial jurors. Men used to settle disputes by gun fights. Now they settle disputes in a more civilized manner – in courtrooms. For many people, jury service is the only opportunity they will have in their lifetime to participate in our system of government. Although jury service is frequently inconvenient, studies show that most jurors come away from the experience with positive feelings about their jury duty – especially if they sit through a trial. So do your duty.

Originally posted at InjuryBoard by Lawrence Knapp

President Obama: Look at the Medical Malpractice Facts.

Lawrence Knapp — Mon, 15 Jun 2009 19:35:50 GMT

I have commented on this before. It is a fact that the medical malpractice insurance industry managed to blackmail California into passing caps on medical malpractice cases in 1975. It is a fact that the insurance industry lied when the said that a cap would significantly reduce insurance premiums. It is a fact that California's cap has not changed in 30 years. It is a fact that civil filings have decreased in California over the years, while the population has dramatically increased. It is a fact that it is harder now for a person injured by medical malpractice to find representation than ever before. It is a fact that premiums have skyrocketed over the last 30 years. It is a fact that the doctors have been fooled into believeing that they should put their efforts toward tort reform as opposed to insurance regulation.

As a senator, President Obama advanced legislation aimed at reducing malpractice suits. And Dr. J. James Rohack, the incoming president of the medical association, said Mr. Obama told him at a meeting last month that he was open to offering some liability protection to doctors who follow standard guidelines for medical practice. A bill that would set out a way to protect doctors who are sued if they have followed professional practice guidelines. But that is the law in California now. If a doctor follows professional guidelines, he has not breached the standard of care.

I have to believe that if President Obama truly knew the facts, he would never entertain this type of legislation that historically only benefits the insurance industry.

Originally posted at InjuryBoard by Lawrence Knapp

WOMAN SUES VICTORIA’S SECRET OVER DEFECTIVE THONG

Howard Knapp — Tue, 24 Jun 2008 12:21:08 GMT

I overheard recently, while listening to a radio talk show, that a woman was suing Victoria’s Secret because of a defective thong. The woman was changing into the thong in a locker room at her work place when a “sharp dangly” addition to the thong snapped and hit her in the eye. She had three cuts to her cornea and decided to sue the boutique.

While this matter may seem comical, even a bit juvenile, what this woman is doing certainly is not. She is putting the civil justice system in the same bad light as the woman with the finger in her chili did, and that is unfortunate. More and more people feel the necessity to take cases to trial for “Hollywood” reasons. “Hollywood,” for me, refers to the incorrect views society today gets on the legal system by watching slanderous movies and humiliating television series that portray the legal system as a way to earn a quick buck through ticktack cases that have no reason being in court. It is apparent that the woman (who had worn the thong at least twice before the incident) has watched one too many Judge Maria Lopez episodes.

This case is bad for the legal system for two reasons:

1) It causes the public to continue to view courts and the legal system with a false “Mickey Mouse” and “Looney Tunes” mindset.

2) The case will possibly cause copycat cases from people more interested in making a quick Franklin than actually receiving justice.

Reading other blogs posted about the thong case, it is true that clients with preposterous cases will never stop entering attorney’s offices, and attorneys looking for spotlight will never stop taking these preposterous cases. It is apparent however, because of media and Hollywood, these cases will have the most affect on the public’s view of the legal system, as opposed to the thousands of righteous cases that settle and/or go to trial daily.

Originally posted at InjuryBoard by Howard Knapp

Nursing Home Abuse Caught on Tape

Chrissie Cole — Sat, 01 Sep 2007 21:27:38 GMT

A hidden video camera captured a home caregiver abusing the 90-year old man she was supposed to be caring for.

The man's daughter suspected nursing home abuse and neglect and set up a hidden camera. The video was horrific as you might imagine...

"She takes her fist and hitting him in the chest. She was hitting him in the stomach. Hitting him in the arm, and when we look back a few days before, she had him on his side as she was taking her knuckles and banging him on the side of his temples, slapping him in the back of the head," says the victim's daughter.

Even though this particular incident happened in Baltimore it can and does happen nationwide.

If you suspect one of your loved ones is suffering nursing home abuse, you can use the form located on the right to contact one of our personal injury lawyers for a free and confidential consultation.

For more information on this topic, please visit our section on Nursing Home Abuse and Neglect.

Originally posted at InjuryBoard by Chrissie Cole

Wooden Toys Recalled by Daiso

Chrissie Cole — Wed, 07 Oct 2009 12:34:00 GMT

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Daiso announced a voluntary recall of Wooden Toys because the small parts can break and detach, posing a choking hazard.

To this date, the company has not received any reports of injury or incident regarding the recalled toys.

Penguin Handbell, Pull Doll, Alligator Pull Toy and Rolling Animals are included in the recall. “Daiso” is printed on the product packaging.

The recalled toys were sold at Daiso stores in California from December 2008 through May 2009.

Consumers should contact Daiso for a free replacement or refund.

Consumer Contact: Daiso toll-free at (888) 580-8841 between 9:30 a.m. and 6:30 p.m. PT Monday through Friday, or visit www.daisorecall.com

Originally posted at InjuryBoard by Chrissie Cole

Tire Maintenance a Key to Preventing Car Accidents

Marlon A. Scarlett — Thu, 02 Apr 2009 10:57:24 GMT

I recently returned from a 15 hour road trip down the east coast. In preparation for that trip I had to undertake certain vehicle inspections to verify that my vehicle was road ready, and to my surprise my car was diagnosed with a bad tire. It was then that I thought how often do people perform normal safety checks on their vehicles.

If you are a NASCAR fan, you may have seen the horrible tire blowout as the driver struggles to get the car under control, it is sheer training. But for the lay person, it’s best to avoid the risk all together by checking tire pressure and wear and tear often. A tire blowout on the highway at high speeds can be dangerous and perhaps fatal.

According to National Automotive Sampling System:

“NASS-CDS data for 1995 through 1998 (with predominately radial tires) were examined and average annual estimates there are an estimated 23,464 tow-away crashes caused per year by blowouts or flat tires. Thus, about one half of one percent of all crashes are caused by these tire problems. When these cases are broken down by passenger cars versus light trucks, blowouts cause more than three times the number of crashes in light trucks (0.99 percent) than in passenger cars (0.31 percent). Blowouts cause a much higher proportion of rollover crashes (4.81 percent) than non-rollover crashes (0.28 percent); and the rate in light trucks (6.88 percent) is more than three times the rate in passenger cars (1.87 percent).”

It is said that tires last 35,000 to 50,000 miles on average. Experts suggest that you still check your tires as often as possible - checking the pressure and making sure that your tire is not bald and that the metal threads on your tire are not shown. If you are within that 35,000 to 50,000 mile range and you see threads, you might want to check with the manufacturer to verify the tire's warranty. Nevertheless, if you find yourself in a situation where you see that your tire is bald and wiring is showing, do your family and friends a favor and replace it with a spare or have the vehicle towed to the nearest tire shop.

Best regards,

Marlon A. Scarlett

Originally posted at InjuryBoard by Marlon A. Scarlett

Tatiana Tiger Not Taunted?

Larry Knapp — Sat, 19 Jan 2008 06:22:09 GMT

O.K. the experts say that yelling and waving hands at a tiger likely wouldn't be enough to provoke it to attack. Even throwing rocks wouldn't necessarily cause the cat to leave its home and track down a taunter. You would have to hit it in the face or poke it repeatedly. Urinating

would provoke it, too.

While there is no evidence that the boys involved in the tiger attack hit the cat in the face or poked it or even urinated it, it is possible that a jury would assign them a portion of fault for waving and yelling. That's called comparative fault under California Law and even thought the owner of the Tiger is strictly liable for the injuries it inflicted this comparative fault element could be significant. The reason it is significant is because the jury in a civil case is first asked to determine how much the damages are to the plaintiff. So, for example in this case let's say the damages are $1,000,000.00. In a separate question the jury is asked what portion of fault, if any, does the plaintiff have for the attack. If the jury is convinced that the plaintiff brought the attack on themselves they could assign 99% comparative fault. The judge would then reduce the $1,000,000.00 by 99% leaving $10,000.00. That's a huge reduction.

For more information on this subject, please refer to the section on Premises Liability.

Originally posted at InjuryBoard by Larry Knapp

Truck Accident Under Investigation by California Highway Patrol

Chrissie Cole — Fri, 07 Sep 2007 21:10:08 GMT

A truck accident that happened last week is still under investigation by the California Highway Patrol (CHP).

A 79-year-old truck driver was traveling westbound, on Highway 96, carrying logs, when for reasons still unknown, the truck ran off the south edge of the road.

CHP is trying to determine how fast the driver was driving at the time of the crash. The truck went over the shoulder and down the embankment, rolling onto its side into the Klamath River.

The logs rolled off the trailer and the fuel tank on the truck ruptured causing over 70 gallons of diesel fuel to spill into the river. A hazardous materials team was called for clean-up.

The driver suffered serious injuries to his arm, back and head. He was transported to Rogue Valley Medical Center for treatment.

For more information on this topic, please visit our section on Truck Accidents.

Originally posted at InjuryBoard by Chrissie Cole