Articles Posted in Personal Injury

Published on:

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

Published on:

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

Published on:

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.
Continue reading

Published on:

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

Published on:

Victims of violent assaults may find themselves reeling, both physically and emotionally, struggling to overcome the trauma. While the criminal justice system may take action to punish the offender, that doesn’t necessarily help the victim and the expenses they have incurred – the medical bills, the lost wages from time off work, the cost of therapy and other expenses. stab

In some situations, it can be worthwhile to pursue legal action in civil court. Such action is sometimes taken against the actual attacker (although insurance does not cover intentional acts, so collecting on damages against defendants who aren’t independently wealthy can be tough). More commonly, though, action is taken against third parties. Third parties can be liable for damages to a crime victim if the defendant breached some duty of care owed to plaintiff. For example, property owners may be liable for failing to protect residents and/or guests from conditions that might invite a criminal assault.

In a recent case before the New York Court of Appeals, the question was asked whether a mental health facility could be liable for injuries sustained in a criminal attack carried out by an adult male patient who had recently been discharged. Plaintiff alleged the facility was negligent in discharging the man, and if it had held him longer, the attack could have been avoided.  Continue reading

Published on:

In a case from the Washington State Supreme Court, plaintiff went to his doctor on September 1, 2011 because he had a painful lesion located on the bottom of his foot.  The doctor with which he made an appointment was his primary care provider (PCP).doctor

Once his PCP saw the wound on his foot, which was the result of stepping on a sharp object, he referred the plaintiff to a podiatrist. The podiatrist saw the plaintiff that same day and diagnosed him with what he called a pyogenic granuloma.  This is a benign (non cancerous) lesion.  The podiatrist said he could either remove it with surgery or treat it with cryotherapy using liquid nitrogen, as they often do when trying to remove warts from patients. Continue reading

Published on:

According to a recent report from Fox News, a man driving his pickup truck on Interstate 80 and was towing a large BBQ trailer when he crashed.  Authorities alleged that the barbeque trailer managed to become disconnected from the black pickup truck and resulted in a major car accident involving four other vehicles.

BBQWitnesses have said that when the trailer became unhooked, a woman driving a car directly behind it attempted to swerve out of the way to avoid slamming into the trailer.  Unfortunately, the three motorcycle riders that were directly following her vehicle did not have time to react and they all crashed into barbeque trailer at a high rate of speed, as this was a major interstate. Continue reading

Published on:

Animal attacks happen a lot more often than people realize in cities such as Boston and across the nation.  In most cases, we are talking about cases that involve dogs and other common household pets, though some instances do involve exotic animals people choose to keeps pets, such as chimpanzees.dog bite

While many people have dogs as pets, and the vast majority of them are friendly, when a dog attacks a child, it can be the scariest thing imaginable for everyone involved.  In some cases, these dog attacks can result in serious injury or even death.  According to a recent news article from the Atlanta Journal and Constitution, one man’s dogs allegedly killed a young boy and seriously injured another young girl on their way to school.  He has been arrested and charged with two counts of reckless conduct, which are both misdemeanors, but prosecutors indicated they may be filing additional charges. Continue reading

Published on:

In 2017, doctors and scientists know a lot more about traumatic brain injury (TBI) and other head injuries than they have every known before.  One major reason is that many of brave servicemen and women suffered traumatic brain injuries as part as of their efforts in fighting the global war on terror, as did many civilian contractors and third party nationals who were part of the effort.  Additionally, professional sports organizations, particularly the National Football League (NFL), have been paying special attention to TBI prevention.

pillsHowever, while we definitely have a much broader base of knowledge of about traumatic brain injuries, there is defiantly a lot more to learn about how the human brain works and what is the best way to treat a traumatic brain injury. According to a recent news article from Tech Times, researchers are hard at work to develop medications to treat a TBI.  The reason for this is because, while there are surgical options, they are very invasive and many have left the patients with lasting brain damage. Continue reading

Published on:

While it is far from the most popular outdoor activity in the Commonwealth of Massachusetts, quite a lot of people do go hunting every season in this state. The activity is generally considered safe for participants, there are obviously firearms involved, and any negligence could result in serious injury or death.  According to a recent news article from The Recorder, a teen from Worcester was just critically injured in a hunting accident.

shot gunThe 19-year-old victim was on a hunting trip when he was trying to negotiate his way across a small brook.  As he was trying to cross the narrow waterway, he accidentally shot himself with his hunting rifle.  He was shot in the chest, but, fortunately, he was not alone, as his cousin had accompanied him on his day of hunting. Continue reading