Articles Posted in Personal Injury

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When people think about lying out in a hammock, they are typically thinking of lying out in some tropical paradise with the hammock stretched between two palm trees.  They are not usually thinking about New York City.  However, as it turns out, there are hammocks in the big city, and one of these hammocks allegedly resulted in a tourist being injured, according to a recent news report from CBS News.

HammockAuthorities have said the hammock had been placed on the fifth story of a building in lower Manhattan.  Due to high winds and during a big rainstorm, the hammock, along with its heavy wooden base and suspension system, fell from the building and landed on a tourist walking on the sidewalk below. Continue reading

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Riding an all-terrain vehicle, also called an ATV or “four-wheeler” can be a lot of fun, but it can also result in serious personal injury.  There are a lot ways that an injury can occur on an ATV.  In some cases, we are dealing with an inexperienced driver who has rented an ATV or is using one that belongs to a friend. It is also possible that a rider is seriously injured when sitting on the back on an ATV being operated by someone else.

Boston Personal InjuryThere is no seat belt on most of these vehicles, and it is not hard for a victim to fall and suffer serious injury or event death.  In some cases, we are dealing with an experienced rider who is just going too fast and taking unnecessary risks.   If a passenger is injured in this process who is not related to the operator, he or she might have a valid personal injury claim.  In some cases, the vehicle will even be insured, and in other cases, a homeowner’s insurance policy might cover the victim’s damages for his or her injuries. 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 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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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

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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

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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

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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

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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

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