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Inflatable Playground Accident Claims Toddler

Ryan Nute — Mon, 17 Dec 2007 11:47:40 GMT

A 3-year old boy from Longview died Saturday after two adults fell on him at the Hoppin' Houses indoor playground in Castle Rock, Washington. The boy, named Jacob, was at a birthday party for a relative and was playing in the area that features inflatable slides and obstacle courses. The details of the accident remain unclear but it is known that two bouncing adults landed on top of the boy and they all fell to the concrete floor. Jacob died of head injuries.

There's a lot we don't know about what happened--how the playground was set up, what if any rules were followed, the kind of activities that were going on, etc. But one thing's for sure: an accident like this deserves to be investigated and Jacob's family should consider whether they want to bring a legal claim.

No amount of money from anyone, for any reason, will ever make up for his loss. But money damages is one important way that we hold persons and companies responsible when they are liable for negligence under our civil legal system. By hitting negligent parties in their pockets, personal injury plaintiffs are compensated for their injuries and, we hope, negligent conduct is discouraged because otherwise a steep price will be paid.

Do you think the playground is legally or morally responsible for what happened? What could it have done to avoid the accident? What about the men who were playing the game near the child? What would you want to know if this were a court case and you were sitting on the jury? Assuming there was negligence, how much money, if any, would you award?

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

Originally posted at InjuryBoard by Ryan Nute

Diving Equipment Recalled Due to Drowning Hazard

Chrissie Cole — Thu, 01 Oct 2009 07:16:00 GMT

More than 20,000 sets of diving gear are being voluntarily recalled by Halcyon Manufacturing.

The over pressure valves (OPVs) in the diving equipment could fail allowing the buoyancy compensator devices (BCDs) and the diver lift inflatable devices to leak, posing a drowning.

To this date, there have been no injuries reported.

The recall includes the following: The Halcyon Explorer, Eclipse, CCR35, Evolve and Pioneer Buoyancy Compensator Devices (BCDs) and Halcyon Surface Marker Buoys (SMBs), Lift Bags, Diver Alert Markers (DAMs) Surf Shuttle and Diver Lift Raft Inflatable Devices.

The recalled diving equipment should be returned to an authorized Halcyon distributor or dealer for a free inspection and if necessary a free replacement of the affected part. In the meantime, the equipment should not be used.

Consumer Contact: Call Halcyon at (800) 425-2966 between 8 a.m. and 5 p.m. ET Monday through Friday, visit the company’s Web site at www.halcyon.net/opv-recall, or email the firm at techservices@halcyon.net

Originally posted at InjuryBoard by Chrissie Cole

Releases are Narrowly Construed--Health Clubs and Recreational Equipment Providers Exposed to Liability

Michael Myers — Thu, 04 Oct 2007 15:33:42 GMT

Gyms are notorious for making their members sign "releases". So are sports leagues and places that rent recreational equipment. But these releases don't provide immunity for all injuries. In fact, they only provide immunity for injuries incurred under a narrow set of circumstances.

This point was illustrated by the Alaska Supreme Court in the case of Moore v. Hartley Motors. It held that despite signing a release of claims for "all bodily injuries and property damage arising out of participation," a woman could still sue for an accident that occurred in an all-terrain vehicle (ATV) training class.

In 2001 a woman sued the instructor of the ATV class, the owner of the property where the class was held and the creator the classes' curriculum after she accidentally drove her ATV off the course and hit a rock that was hidden behind some tall grass.

The decision, made by the Alaska Supreme Court, stated that "the release does not discuss or even mention liability for general negligence. Its opening sentences refers only the unavoidable and in inherent risks of ATV riding, and nothing in its ensuing language suggests an intent to release [the defendants] from liability for acts of negligence unrelated to those inherent risks."

There are two big points here: (1) releases are narrowly construed and (2) don't pre-judge your claim--if a claim might exist, speak with an attorney...don't pre-emptively dismiss your own case by saying, "I signed a release, I probably don't have a claim."

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Michael Myers

Dentist Won Money From Insurance Company Over Tusk Prank

Jenny Albano — Fri, 27 Jul 2007 15:38:38 GMT

An oral surgeon who played a prank on his assistant by implanting fake boar tusks in her mouth, won $750,000 from his insurance company after the state Supreme Court sided with the dentist.

Dr. Robert Woo put fake boar tusks in his assistant's mouth while she was under anesthesia for another procedure. The doctor took pictures of her with the tusks in and then removed them before the women woke up. Eventually the assistant found out about the pictures, became angry and embarrassed, and then quit her job. After that she decided to sue Woo.

The doctor's insurance company, Fireman's Fund, refused to pay for the claim because they said the joke was not part of a dentist offices' normal business. Woo did not want to go to court so he settled with Tina Alberts for $250,000 and then sued his insurance company.

A King County Superior Court jury agreed that the insurance company should have covered the claim and awarded Woo with $750,000 from Fireman's Fund. The insurance company took the case to an appeals court which agreed with Fireman's Fund, but the state Supreme Court chose to let Woo keep the money he had been awarded.

The vote was 5-4, and one Justice stated that even though his joke was odd, it was still part of another dental procedure, so the insurance company is obligated to cover the costs.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jenny Albano

Lotte Margaret Brand Korean Cracker Recalled Due to Undeclared Ingredients

Jenny Albano — Wed, 27 Feb 2008 19:00:16 GMT

Wang Globalnet, in conjunction with the FDA, is recalling all 19 gram packages of Lotte Margaret Brand Korean Cracker because they contain undeclared ingredients. The ingredients that were not listed on the label are eggs, peanuts, and milk allergens. People who are allergic or sensitive to these foods run the risk of experiencing serious or life-threatening allergic reactions if they consume this product.

The product comes in a 19 gram cardboard box marked with item#: 00438 on the top and a code date of 08.08.06.B2 stamped on the side. The recalled packages of Lotte Margaret Brand Korean Cracker were distributed nationwide in retail stores.

The product was discovered after the New York State Department of Agriculture and Markets Food Inspectors had the crackers analyzed by the Food Laboratory. The analysis revealed the presence of eggs, traces of sliced peanuts, and milk powder that were not included on the label.

So far there have not been any reports of illness or allergic reactions reported to the company or the FDA.

Originally posted at InjuryBoard by Jenny Albano

Nine Injured in Roy Car Accident

Ryan Nute — Thu, 03 Jan 2008 11:28:43 GMT

Around 1 a.m. on December 30, 2007 an SUV was traveling down Highway 507 in Roy, Washington, when it crossed into oncoming traffic, causing a three car collision. The driver of the SUV and its four passengers were transported to the hospital from the scene of the accident. Two people in each of the other involved cars were also taken to the hospital. Police believe that alcohol or drugs may have been a factor in the crash.

In any case where intoxication is suspected it's important to obtain medical evidence that an at-fault driver was in fact intoxicated. In some cases it will be important to determine whether a passenger was intoxicated, based on the following Washington statute:

RCW 5.40.060
Defense to personal injury or wrongful death action -- Intoxicating liquor or any drug.

(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.

(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.

In the past intoxicated drivers who were sued often defended the case on the basis that their passengers were also intoxicated. That defense is still powerful because it bars a claim where (1) a passenger is intoxicated; (2) his or her intoxication was a "proximate cause" of the occurrence (usually, the accident) and (3) the passenger is more than fifty percent at fault for his or her injuries.

Even if the claim is not barred, a passenger's intoxication may constitute comparative fault and proportionately reduce any recovery.

But when is the passenger's intoxication a "cause"? When is it "fault"?

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

Originally posted at InjuryBoard by Ryan Nute

Labor and Industries Worker Falls on Stairs and Later Dies

Michael Myers — Fri, 31 Aug 2007 08:11:41 GMT

Last week L&I employee Bill Harmon fell and suffered fatal injuries at the Department's headquarters. Mr. Harmon was 87.

"Although there were no witnesses to this unfortunate situation, L&I employees heard the sounds of a fall and responded immediately. They called 9-1-1, notified building security, and took action to block the area. In addition, a number of L&I staff went to the hospital to show their support for the family," said department director Judy Schurke in a message to staff.

Even though there were no witnesses the cause of Mr. Harmon's death may be able to be determined. Security cameras may hold clues. It is also possible that the mechanism of the fall can be determined by a human factors expert or other authority in fall recreation.

In most cases Washington law requires a personal injury claimant (either the person who was hurt or, in cases like this, Mr. Harmon's estate) to be able to show what specifically caused the fall. Cases like this--that is, where there are no witnesses--are challenging but winnable.

For more information on this subject matter, please refer to the section on Worksite Injury and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Justin Lapham Recovering From Being Struck by Car After Game

Ryan Nute — Wed, 20 Dec 2006 12:07:46 GMT

12-year old Justin Lapham was struck by a car outside of Qwest Field in Seattle last Thursday. Fortunately, he appears to be on the mend.

Justin was struck by a car going 35 mph. He landed on the windshield and hit his head on the road. Luckily the driver who hit Justin stopped and a police report is expected.

While at Harborview Justin had the chance to share a room with San Francisco 49er's starting center Eric Heitmann, who had fractured his leg during the game. Justin received Heitmann's jersey and an autographed shirt.

Pedestrian safety is a major concern around Qwest Field and other mass-participation venues. Unfortunately, this probably won't be the last time something like this happens in that area.

Originally posted at InjuryBoard by Ryan Nute

Passenger Injured Near Spanaway, Driver Dies--Accident Illustrates Important Intersection between Probate and Personal Injury Law

Ryan Nute — Thu, 31 Jan 2008 11:38:47 GMT

Sometimes people who cause accidents walk away unscathed. But other times they don't. This happened on Tuesday on State Route 507.

On Tuesday night a man from Roy, Washington, was killed in a car accident on State Route 507 near Spanaway. At approximately 9:30 p.m. the driver, 39, was driving southbound on State Route 507 when he lost control of his vehicle, veered off the road and into a power pole. His passenger, 35, was transported to Good Samaritan Hospital with injuries. The cause of the accident is under investigation.

When a person dies they leave behind an "estate"--a legal characterization for the deceased's assets and liabilities. In order to make a claim against a person who committed a negligent act and subsequently dies, it's necessary to ensure that a claim is presented to the Estate's representative (often a relative or friend of the deceased). It's not uncommon for people to die without executing wills or other estate plans. In that case, the injured person (with the assistance of an attorney) should open a "probate" proceeding to pursue their claim.

Originally posted at InjuryBoard by Ryan Nute

Kitsap County Crashes Spike Due to Winter Weather

Chelsea Gilbert — Fri, 28 Dec 2007 13:40:57 GMT

We have blogged about several tragic Christmas Eve car crashes. Some of the crashes on Christmas Eve were the result of alcohol, but many of the crashes were a result of the treacherous winter weather. In many areas the slushy, wet roads turned to ice when the temperature dropped to below freezing in the evening. In Kitsap County emergency dispatchers were flooded with calls. On Christmas Eve they fielded reports of about 68 traffic wrecks between the hours of 8 p.m. and midnight. A number of these accidents resulted in driver and passenger injuries.

It's tempting for some drivers (and their insurance companies) to blame the "treacherous winter weather" for a crash. While bad conditions can certainly contribute to a collision in a causal sense, they're not an excuse. Rain, sleet, snow and ice don't obviate the duty to operate a vehicle safely and with due regard for the prevailing road conditions. Rarely if ever should claimants accept this excuse when they are injured in a car crash that wasn't their fault.

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

Originally posted at InjuryBoard by Chelsea Gilbert