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Skiing can be a lot of fun, but it can also be a dangerous activity.  Each year, hundreds of people are seriously injured or killed.  According to a recent news article from the Aspen Times, a 12-year-old boy from California died as a result of a skiing accident in which he crashed into a tree at a high rate of speed.

skiingSki patrollers (skiing or snowboarding first aid personnel) first got a report of an injured skier a few minutes after 2 p.m.  They said he was skiing when he hit a tree stump that caused him to lose control and crash into another tree.  For those who haven’t skied before, ski trails are marked according to difficulty, ranging from a beginner single green circle to a double black diamond expert trail.  Victim was skiing on a beginning trail at the time of the accident that ultimately proved fatal. Continue reading

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According to a recent news article from WCPO, a college freshman was landed in the critical condition unit (CCU) of a local level-one trauma center after suffering serious injury at a party.  The accident occurred on property that was being rented by students of the same university as the victim.

poolWitnesses say there were about 300 or 400 people at this party, and there was a makeshift pool erected on the front lawn.  The pool was constructed using straw bales to form the walls of the pool and then a blue tarp was laid over the top of them to contain the water.  When filled, it held around 8 inches of water and it also featured a slide that the students had also constructed.
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All forms of sexual abuse are under-reported. However, sexual harassment, sexual assault and rape involving nursing home residents is vastly under-reported and is far more pervasive than probably any of us realized before. That’s according to a new in-depth report by CNN Investigationsold hands

Chronicling disturbing and heartbreaking instances in great detail, the reporters sought to expose the failings of nursing home staffers, administrators, investigators, regulators and lawmakers in addressing this serious problem.

In general, the Centers for Medicare & Medicaid Services tallies all allegations of nursing home abuse – including those involving sex-related offenses – into a single category. At the request of CNN reporters, CMS conducted a specialized search using certain keywords that would help single out sex-related offenses. However, reporters still had to sift through each case because not all were relevant. That search revealed 226 facilities cited for failure to protect residents from sexual abuse between 2010 and 2015. Of those, only about 60 percent resulted in fines and only 16 were cut off from federal funding. However, an independent analysis by CNN reporters of the raw data showed that between 2013 and 2016, there were more than 1,000 nursing homes cited for mishandling or failing to prevent alleged cases of sexual abuse, sexual assault and rape at the facilities. About 100 of those centers were cited multiple times for these offenses.  Continue reading

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A former organized crime boss is suing the federal government for injuries he sustained in a game of ping-pong in prison. prison

The New York Daily News splashed the cheeky headline, “Bada-Ping!” across its front page story, which detailed how the 64-year-old plaintiff, convicted a year earlier of racketeering conspiracy connected to several plots of murder, was injured in a slip-and-fall. He asserts prison officials knew or should have known there was a hazardous wet floor in the recreation area of the prison. As proof, he noted the proximity of the showers to a leaky slop sink pipe nearby. The leak had been reported to officials from the prison days or weeks before the fall. Plaintiff suffered a fractured right knee cap that required surgery, and he is continuing to undergo physical therapy and occupational therapy.

The government refutes any allegations of negligence. What the newspaper fails to note is that suing a prison or jail – particularly one operated by the government – can be very difficult. Suing privately-run prisons and jails may be a bit easier, but there are still significant challenge. Only claims of serious injury or wrongful death have much of a chance of moving forward, and that’s only if plaintiffs can prove a violation of civil rights, including deliberate indifference to a medical need.  Continue reading

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With the winter weather behind us and warmer days ahead, people will not likely be doing all that much snowmobile riding in the near future.  While it is actually becoming more popular for people to put wheels on the ski blades and race on grass fields, this is still not a common activity for most riders.

snowEven though the riding season may be over, there were many people who were injured over the past winter while using a snowmobile or riding on one as a passenger, and some of these victims may have a valid personal injury claim.  This may include a case against a negligent operator, a negligent snowmobile rental company, or even the manufacturer for failure to warn of a known danger. In some cases, the device itself may have been defectively designed or manufactured, and this could lead to a products liability case, which is a special kind of personal injury case. Continue reading

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In a recent case from the Maine Supreme Judicial Court, plaintiff was injured when she slipped on ice that had accumulated in front of her dorm room.  Her accident occurred on January 17, 2014. This date is important, because this case deals with a notice requirement when filing against a state or municipal defendant.

1380913_street_light_2-300x265On February 3, 2014, plaintiff’s father contacted the university’s risk management office about his daughter’s injury.  In his email, he notified the school that his daughter broke her leg and tore a ligament.  He further informed the school in his email message that she required surgery to repair the damage from her slip-and-fall accident.  He also stated that he expected the school to assume liability for his daughter’s injury, as it was their responsibility to make the walkways safe in campus areas. Continue reading

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In a recent case from the Georgia Supreme Court, a plaintiff was injured when she was bitten by defendant’s dog.  She alleged that the attack occurred when she was bitten by the dog while she was visiting defendant’s home.

dog Plaintiff and defendant in this action were neighbors at the time the action was filed.  The defendant’s adult son was planning to move back to his parent’s home and asked if he could bring his dog, which was an American pit bull terrier. This is dog most people would instantly recognize as the pit bull breed.
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One recent appeal from the Mississippi Supreme Court involved a slip-and-fall accident that was anything but your typical personal injury case. In this case, the plaintiff had slipped and fell in a store owned by the defendant, but that accident occurred in 1989. He was three years old at the time of his accident.

brain scanHe filed the lawsuit against the defendant many years later when he reached the age of majority. In his lawsuit, he alleged that he was seriously injured because the store had negligently allowed the floor to become slick, and he slipped on this floor. He said that, as he developed, it became apparent that he had suffered various injuries as a result of this fall that caused him to have a significant traumatic brain injury. Continue reading

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In a recent case from the U.S. Court of Appeals for the Fifth Circuit, plaintiff had filed a personal injury lawsuit after he suffered an alleged slip-and-fall injury in defendant’s big box retail store.  According to court testimony, the plaintiff was walking in the store when he fell on water that had allegedly been left on the floor in a negligent manner.

wet floorPlaintiff’s sister was present when the accident occurred, as was a store employee. It was not clear whether the employee actually saw the plaintiff fall, but she did get a wheelchair owned by the store to transport the victim to the front of the store, where he was taken to a local emergency room to be treated for his injuries. As for the cause of his injuries, plaintiff argued that the store roof was negligently maintained, and that resulted in water leaking from the ceiling and was negligently allowed to pool on the floor, which caused him to slip and fall, resulting in his personal injury.
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In a case from the Arkansas Supreme Court, the plaintiff filed several causes of action in civil court against the defendants for claims related to injuries that occurred in the scope of his employment.  These claims were fairly typical employment-based personal injury claims, such as negligent supervision and negligent retention of a store manager.

brainEssentially, unless there was intentional conduct, such as assault or a kidnapping (false imprisonment), the vast majority of claims filed in a civil lawsuit are filed under a theory of negligence. There are many different types of negligence, but the main different is what type of negligent (careless) conduct the defendant is alleged to have engaged in that resulted in a serious personal injury to one or more plaintiffs. Continue reading