Olympia Personal Injury Lawyer - Miscellaneous

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

Statute of Limitations May Run Soon for Windstorm Property Damage Claims

Ryan Nute — Thu, 01 Nov 2007 09:39:07 GMT

Many of you experienced damage to your houses during the wind storms last year. The majority of the losses occurred on December 14 or 15, 2006.

Generally homeowners' insurance policies in Washington have a one year statute of limitations: that is, any claims against the homeowner's carrier must be brought within one year of the incident. Failure to bring a claim in time means it might be barred and the homeowner could never recover for damage to their home and possessions.

Don't be lulled into a false sense of security by the insurance companies. They don't have to tell you of the limitations period and will be more than happy to remind you about it after it's too late. If you think you have a claim against your insurance company for damage to your home, call us now.

Originally posted at InjuryBoard by Ryan Nute

Deaths on Cruise Ships

Michael Myers — Thu, 27 Sep 2007 16:18:47 GMT

While the injuries and deaths of cruise passengers is not a particularly fond topic of cruise companies, procedures must be in place for if a passengers falls ill or dies while on board.

Almost all ships have doctors and nurses on board, and many ships also have an area that can serve as a morgue.

However, there is rarely any counseling available on board for the grieving family of the deceased passenger. Often a spouse or family member is forced to continue traveling for several days aboard the ship until it reaches a port.

Often, the charges associated with a death at sea, including the return of a body, fall on the passenger or the passenger's family, not the cruise ship company. Such charges can be several thousand dollars.

"Don't take things on the mainland for granted when you step onto a ship," said Mark Brimble, the Vice President of the International Cruise Victims Association.

We are unaware of any wrongful death cases which have been brought against Holland America where a passenger has died aboard a vessel. However, wrongful death claims have been successfully asserted where passengers have died as a result of third party negligence on an excursion recommended or arranged by Holland America.

For more information on this subject, please refer to the section on Airline, Cruise, Bus, and Other Mass Transit.

Originally posted at InjuryBoard by Michael Myers

Pants Judge Refuses to Give In

Courtney Mills — Mon, 13 Aug 2007 08:12:36 GMT

Administrative Judge Roy L. Pearson was back in court this week fending off the defendants' attempts to collect attorneys' fees. Readers will recall that Judge Pearson sued a Korean Dry Cleaner in D.C. for $54 million dollars when they neglected to return his slacks. He claimed that the sign in the store 'satisfaction guaranteed' violated D.C.'s Consumer Protection Act.

Pearson filed an opposition motion to the Chungs' petition for attorney's fees. These latest efforts by Pearson are just another example of his quixotic persecution of the dry cleaner. The Chungs attorney asserts, as always, that Judge Pearson's claims are wholly without merit.

A formal inquiry into whether to retain Pearson as a judge has begun. The Commission on Selection and Tenure of Administrative Law Judges will formalize its decision shortly as to whether Judge Roy L. Pearson remains on the bench.

Originally posted at InjuryBoard by Courtney Mills

Raleigh America Recalls Bicycle Due to Risk of Serious Injury

Jenny Albano — Fri, 03 Aug 2007 15:46:01 GMT

The CPSC and Raleigh America Inc. are recalling about 1,200 Raleigh Cadent Bicycles with Carbonage Carbon Forks because the forks can break during use, which can cause the rider to lose control of the bike and seriously injure themselves.

So far, Raleigh America has received three reports of injury from the forks breaking. The injuries suffered by consumers include a dislocated shoulder, a concussion, and a broken jaw.

The recall involves the 2007 Raleigh Cadent 1.0, Cadent 2.0 and Cadent Carbon bicycle models with carbon forks. "Raleigh" is printed on the down tube of the bicycle, and the model name is printed on the top tube.

The bicycles were sold at Raleigh America dealers across the United States from January 2007 through June 2007. The recalled product was produced at Carbonage Technology in China and was imported by Raleigh America.

Raleigh America is recommending that consumers stop use of the bicycles immediately, and the company said it would replace the forks at no charge to the consumer.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

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

Lightning-Strike Injuries From iPods and Other Electronic Devices

Jenny Albano — Tue, 17 Jul 2007 16:28:10 GMT

iPods and other electronic devices have caused people injury when lightning strikes nearby. A Canadian man who was jogging incurred burns on his neck and chest, ruptured his eardrums and broke his jaw when the lightning traveled through his music player. Another instance happened last summer, when a teen has similar injuries after lightning struck nearby and he was listening to his iPod.

Other accidents of this sort have occurred from personal electronic devices such as beepers, Walkman players, and laptops during a storm. Thirteen cases of injury have been tracked down from people talking on cell phones.

These electronic devices do not attract lightning, but once the lightning hits and the contacts metal, the metal conducts electricity. When the lightning jumps to an object to a person, the electricity can cause burns, hearing loss, and other injuries.

Lightning can strike even if it is not raining and a storm is miles away. Some victims, like Jason Bunch, were injured when there was no storm in sight. Safety experts say that if you hear thunder, go inside immediately.

Eardrum ruptures are considered the most common ear injury in lightning-strike victims, occurring in 5 percent to 50 percent of patients, according to various estimates -- whether or not an electronic device is involved. A broken jaw is rare, doctors say.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Cruise Ship Woes

Ryan Nute — Fri, 18 May 2007 08:30:03 GMT

Most people who go on cruises have a great time and return home with fond memories. But sometimes things just don't go according to plan.

You may have seen the latest news story about the cruise ship in Alaska (the Empress of the North, owned by Seattle company Majestic America Line) which struck a rock, requiring a rescue operation. Apparently the vessel had a history of prior problems.

We handle a number of cruise ship injury cases, particularly against Holland America (which requires that passengers bring claims in Seattle where it is headquartered). Many of our clients are understandably upset about the conditions which caused their injuries, but they are often angrier about poor customer service and the cruise ship's lack of concern.

Originally posted at InjuryBoard by Ryan Nute

Seattle's Bicycle Master Plan Announced

Ryan Nute — Wed, 04 Apr 2007 12:43:04 GMT

Like a growing number of people, I ride my bike to work. Yes, every day, whether rain, sleet or snow. Sometimes it's tough to cooexist with all the cars on the road. Today Seattle Mayor Greg Nickels unveiled a "Bicycle Master Plan" intended to improve access and safety for bikers.

The two-year plan includes tripling the number of bike lanes, trail improvements and new markings and signs to alert motorists and guide bikers to safe routes.

Laff and a Half: "nocrazylawsuits.com"

Ryan Nute — Fri, 30 Mar 2007 17:00:23 GMT

I happened across this website today: nocrazylawsuits.com
The site appears to be part of a campaign to defeat pending Washington legislation intended to provide greater rights to (among others) people whose children are killed by the negligence of others and new homeowners.

This site is sponsored by Liability Reform Coalition and the usual suspects (insurance companies and certain trade organizations).

Note that the site encourages people to "click here to learn more." Well, you won't. The link doesn't take you to the text of the legislation. I guess they're afraid you might actually read it. Rather, the link simply takes you to an automated " personal message to legislators" where the subject line is "Vote no on..."

There are good arguments to be made on both sides of these issues. However, the tactics employed by this site--which I can't even call slick--are shameless and just plain goofy.

For another view, please visit the Washington Trial Lawyers' Association's site describing pending legislative efforts on behalf of injured persons.

Originally posted at InjuryBoard by Ryan Nute