Imagine minding your own business at home, when suddenly, an explosion rocks your apartment complex. This shocking situation was a reality for the residents at an apartment complex in the suburbs of Washington, D.C. this past August. The explosion resulted in a fire that destroyed most of the apartment complex and caused many who were in the building at the time to fear for their lives. The explosion claimed the lives of seven people, and cause injury to over 40 people, in addition to the destruction of what many were calling home.
Imagine trusting a newborn infant in the hands of paramedics, only to have the child suffer third degree burns during transport. This is the chilling tale of one Idaho family, who has opened a lawsuit against the city of Rexburg over the incident. The Porter family was home one evening, when something unexpected happened. Jenise Porter delivered the unexpected birth of her child, Londyn Porter. Paramedics were called in to rush Londyn to the hospital. What the Porter family expected was a safe trip for their newborn daughter. What happened caused them to take legal action against the city.
The Porter Family’s Case
Silver City, New Mexico was recently the site of a grizzly series of events that resulted in the murder of one woman, Nikki Bascom, and a subsequent suicide of the perpetrator, Mark Contreras, a police captain. This shocking and sad event was the culmination of a number of prior incidents involving Contreras’s repeated and bold harassment of Bascom following the end of their relationship.
Bascom is survived by two children, now living with Bascom’s mother, Karri Dalton. Dalton has since begun a wrongful death lawsuit on behalf of Bascom’s children. Dalton claims that neglectful policing led to the eventual murder of Bascom at the hands of Contreras. The case is against Silver City’s police department, citing the departments repeated demonstrations of ignoring Contreras’s history of violence and allowed his disruptive behavior to continue, and eventually allowed him to kill Bascom.
To succeed on a personal injury claim, you need to show that the person you are suing had a responsibility to keep you safe, did not follow through on that responsibility, and this caused your injury. One of the trickiest parts of a personal injury claim is proving that the person who hurt you had a responsibility to keep you safe, or at least a duty not to hurt you. While this is often difficult, there are also situations where it is quite easy, such as when someone was per se negligent.
Negligence Per Se
There are many laws and regulations that dictate what we can and cannot do in the course of our daily lives. These laws exist to keep everyone safe by dictating how basic things are done in the United States. By acting uniformly in this way, we ensure that other people are not needlessly put in harm’s way.
These laws basically set a minimum standard of care for other people that we need to uphold.
Therefore, whenever someone violates one of these laws and ends up hurting you, it can be used as proof that they were negligent. This is because violating these laws is negligence per se, or intrinsically negligent.
This works by reading the law as setting the responsibility that had to be upheld, and then the violation of that law as proof that it was not.
An Example: Driving on the Right Side of the Road
An excellent, and all too common, example of how negligence per se works is New Hampshire’s law that requires drivers to keep to the right side of the road. Whenever someone veers over the center line and causes a car accident, they were likely per se negligent. The minimum standard of care that they had to uphold was to drive on the right side of the road. Crossing over the center line and causing an accident, therefore, is proof that they were not driving on the right side.
Implications of Negligence Per Se
Whenever there is a law, regulation, or statute that dictates how people should act, and then someone violates that rule and someone gets hurt from the violation, it makes it easier to get compensation from them in a personal injury lawsuit. Without having to argue as much over whether they had a responsibility to keep you safe and whether they violated that responsibility, the case becomes much more straightforward.
Personal Injury Attorneys at Tenn And Tenn
Even though negligence per se is a convenient concept for personal injury cases, it still often takes an experience personal injury attorney to make sure that it works properly. This is why hiring the personal injury attorneys at Manchester’s own Tenn And Tenn law firm is one of the best ways to ensure that you receive Continue reading →
A surprising face appeared in Iowa court as a witness earlier this month in the case of Cheryl Bronson. Bronson was the victim of a drunk driving accident and has suffered a number of injuries. Bronson also happens to be the aunt of Olympic gymnast and ‘Dancing With The Stars’ champion Shawn Johnson, who appeared in court as a witness for the plaintiff, her aunt.
Bronson was once a golfer, and an Iowa Women’s pool champion in 2008, and due to her injuries is no longer able to participate in either of those activities. The incident caused her to suffer multiple fractures to her leg and although she has healed, she has had significant changes in her life. Bronson must now walk with a limp, has trouble walking, and has even had to move to a single story home. In addition to this, Bronson has 3 more surgeries planned for her injured leg in the future.
When a person is seriously injured, they will require medical treatment, or sometimes even hospitalization, depending on the severity of the situation. Typically, these bills are initially covered by the person’s medical or health insurance provider. If the person desires to pursue legal action against the one responsible for their injuries, the losses from the medical expenses will be considered in the damages pursued from the case, along with any other relevant damages that stem from the case. Health insurance is a person’s first line of defense against medical expenses. A majority of the time, the hospital will bill the insurance company so that the injured party will not be overcome with medical debt. For one hospital in Arkansas, however, patients who have been injured as a result of someone else’s actions are finding some difficulty with hospital administration accepting their insurance plans.
Turning Down Insurance
In addition to Samsung’s recent troubles with the recall of their new phone for some explosive issues, Samsung has found themselves once again in hot water. Samsung, while known primarily for their handheld electronic devices, is also a manufacturer of a number of appliances, ranging from televisions to washing machines. Samsung has been the subject of several lawsuits regarding one of their models of washing machines.
Exploding Washing Machines
On September 29, a train accident shook the walls of the Hoboken Terminal in Hoboken, New Jersey. New Jersey Transit, the state’s primary public transit system, was in charge of both the train and the station. The agency came forward right away to report that the incident resulted in three confirmed deaths and over 100 confirmed injuries, some of which landed the injured in critical condition. Reports from passengers that were not hospitalized claim that the train felt as though it was moving too fast, and wasn’t slowing down prior to the accident. After the collision, chaos ensued. There were reports of people climbing from windows and others on the pavement. Many were injured and several were unable to walk.
Nearby hospitals and care centers rushed to aid the passengers from the accident. The Hoboken University Medical Center received 23 patients, while the Jersey Medical Center took in 66 patients, even converting the hospital cafeteria into a temporary care center. Many patients were treated for minor injuries such as bruises, bumps, and chest pain. Officials reported a total injury count of 108 individuals, including those with smaller injuries and the train operator himself.
Reports from local news outlets suggest that the train accident may have been caused by accidental issues, or an operator error, however, as of this writing, the investigation remains open without a full conclusion regarding what the cause was. Investigators have reported that, after a background check, the train operator did not have any past career red flags. The train, however, was reported to not have been equipped with a system called positive train control, which is designed to slow down speeding trains. This system is required to be installed on all trains per U.S. federal law. Continue reading →
A family has filed a claim against Glendale, California following an unfortunate accident this part March. The claim comes from a family who lost their mother in a wheelchair accident in the city. The plaintiff in the case, James Starbird, was out with his wife, Carolyn, when the incident occurred. Carolyn Starbird was in a wheelchair, when she ran into uneven pavement. This caused an abrupt stop, which threw her from her wheelchair onto the concrete sidewalk. She received an injury to her head from the fall, causing her a severe concussive injury. Unfortunately she later succumbed to her injuries. The claim rests on Starbird’s assertion that the accident could have been prevented if the city had taken more proper care of its sidewalks.
A City’s Responsibility
In general, municipalities of any size are obligated to take care of their citizens and the upkeep of the city. While city officials have yet to comment on the status of the claim, investigations have revealed that the uneven portion of the sidewalk has not been repaired or replaced for some time. The uneven panelling has since been marked to warn others, and according to a city attorney, the city has made plans for a repair or full replacement. The city claims that whenever an unsafe portion is reported to the city, it is normally resolved within the next day or two. A representative of the city came forward to state that they were unaware of any prior claims or reports regarding this particular area before the incident.
Starbird’s claim has 45 days for the city to acknowledge it or take any action towards it. If the city fails to do so, the claim is considered rejected, and the Starbird family must file a wrongful death suit against the city.
Claims Against The State
While many personal injury or wrongful death claims arise between two individual citizens, at times a person may wish to file a claim against the state government. When this happens, a majority of states impose a stricter statute of limitations for citizens to take a legal action. As seen in the Starbird’s case, there is only a 45 day period for the claim to be acknowledged by the city. If this case, or a similar case, were to occur in New Hampshire then the plaintiffs would have a very limited time frame to file their claim in the county where the incident happened, instead of the usual three year period under the statute of limitations. New Hampshire also does not permit the filing of certain types of cases against the government, such as when actions arise from failure to remove ice and snow.
When filing a personal injury or wrongful death claim against the state, the best thing to do is consult with an attorney. If you or a loved one has been injured in the state of New Hampshire injury attorneys at Tenn A Continue reading →
General Motors has settled two cases related to an issue with a defective ignition switch that was linked to over 124 deaths and 275 injuries. The cases reach back to a May 2014 incident in Oklahoma, involving an accident where the ignition switch prevented the airbag from deploying. The man driving the car was Robert Scheuer, 49, who was left severely injured when his car careened into a tree, and the collision safety mechanisms failed to activate. Those vehicles, the 2003 Saturn Ion model, were recalled in 2014 for the faulty ignition switch. The source of the problem was that the switch had the potential to slip out of the “run” position, which disabled the vehicle’s safety features, specifically the airbags. Scheuer’s case is one of many “bellwether” cases on the issue.
In layman’s terms, a bellwether case, or bellwether trial, is a term for a case that is meant to serve as somewhat of a test or model for heavily contested issues of the law. These types of cases are common in scenarios where one defendant has several cases filed against them in regards to one particular incident or issue. Citing bellwether cases can be helpful in court to reduce the large volume of cases. For GM, these cases will help determine the course of a number of related lawsuits have been filed against them for the problems with the ignition switch.