However, the allegations are not good. The camp operated a shooting range with human-shaped targets. Weapons at the camp were screened and 23 of them were illegally owned. The boy was sitting in a chair when a bullet from an AK-47 struck him in the back of the head. In this case, an unsupervised child picked up a loaded weapon without the safety on and then placed it back down. The weapon discharged resulting in the death of another child.

In most states, it would be a chargeable offense to leave a loaded weapon unsupervised around children. However, individuals are much more difficult to sue than organizations. Organizations have money and insurance policies. Individuals can simply be driven into bankruptcy. Hence, why the family has not filed a lawsuit against the owner of the gun. It probably is not worth the effort.

Are the premises operators liable? 

Oh yeah. If you operate a gun range around children, then there is a duty of care to ensure that stray bullets aren’t hitting your guests. Denying responsibility for this doesn’t seem terribly inviting for families. Essentially, they are arguing they have absolutely no duty of care to ensure that children are safe from stray bullets at a gun range. Gun ranges tend to have security. They tend to want to avoid the presence of children. So, multiple failures happened here that the plaintiffs can say are actionable.

The failure of security to stop a dangerous condition from occurring would fall under the litmus of a negligent security lawsuit. In this case, the gun range has an expanded duty of care. The failure of that care resulted in death. The premises owner is thus liable.

Attorneys representing defendants will always try to dismiss the lawsuit because it forces the court to render a decision and costs more effort and time. That doesn’t mean that their efforts are based in law or in fact. The court will likely deny the motion unless sovereign immunity plays a role and the case will move forward to settlement talks. Now that the defense knows they can’t get the case dismissed on grounds of summary judgment, it will give the plaintiffs more leverage in their efforts to negotiate a settlement. The defendants know that the case isn’t just going to go away. So, the plaintiffs are more likely to leverage a larger settlement from the defendants. The nearer the case gets to trial, the more likely it is that the case will settle.

Talk to a Miami Personal Injury Lawyer Today 

Alan Goldfarb, P.A. represents the interests of Miami residents who have been injured due to the negligence of a company. Call our Miami personal injury lawyers today to schedule a free consultation and learn more about how we can help.

Source:

bigislandnow.com/2023/03/02/boy-scouts-of-america-ask-court-to-dismiss-wrongful-death-lawsuit-of-11-year-old-on-big-island/

Instead, each police department has an internal policy that governs how they respond to different situations. Violations of their own policy are often actionable.

In this case, the City of Portland is being sued by the parent of a man who beat his girlfriend unconscious before police and firefighters responded. The man crossed a highway, stripped naked, and then jumped in cold water. The lawsuit against the City of Portland claims that the firefighters could have acted faster to remove the man from the cold water.

Is this a winnable lawsuit? 

At present, the allegations don’t appear to justify a verdict for the plaintiff. It is more likely than not that the case will be dismissed. Right now, all we know is that the man placed himself into 40-degree water, first responders were aware of this, and they waited for a fireboat to rescue him. While he was in the water, he either drowned or became hypothermic. He eventually died as a result of that.

According to a brief internet search, it takes between 30 and 90 minutes to die in water between 30 and 40 degrees. So, at the moment the man entered the cold water, first responders had a half hour to reach him and treat him. In this case, they waited for a fireboat to perform the rescue. The fireboat didn’t reach him in time, and the man died of his injuries.

For the plaintiff’s case to survive, the man would have had to have died of hypothermia, a condition with an onset of 30 minutes or more. If he drowned, then the defense can say he would have died regardless of how quickly they got there.

The father likely believes that first responders were reluctant to help a man who was accused of beating up his girlfriend. They may have further believed that the man was faking the crazy behavior to get out of responsibility for the assault. It’s hard to garner a lot of sympathy after beating your girlfriend unconscious. Nonetheless, the government and first responders have a duty to act without judging the situation, playing God, or deciding who to save and who not to. If so, that can make it a civil rights issue that would be actionable under the law. The ADA covers mental health disabilities.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represents the interests of residents who have been injured by negligent parties. Call today to schedule a free consultation and learn more about how we can help.

Source:

wgme.com/news/local/wrongful-death-lawsuit-filed-against-the-city-of-portland-firefighter-eric-cohen-ronald-giroux-jr-maine-marginal-way-beat-his-girlfriend-unconscious-mental-health-issues

Surveillance footage confirmed what the parents had feared. The seven babies were left unattended for a period of 45 minutes. When the baby was found, he was still breathing, but in obvious distress. The staff could not perform effective CPR.

Three million of the settlement will be covered by an insurance policy. The daycare owners will be required to pay $2 million out-of-pocket or discharge the rest in bankruptcy.

Analyzing the allegations 

Ultimately, the daycare had no defense, but that is largely related to the lapse in care they gave to the infants. It remains unclear why the child stopped breathing, whether or not that was the daycare’s fault, or if the daycare could have done anything to stop it. Ultimately, the daycare would have claimed that the child would have died no matter where he was. Unfortunately for the daycare, he was under their negligent care.

Had the daycare simply followed the law, someone would have noted the boy’s distress earlier. So the question of how he died stopped mattering. Once the child arrived at the daycare, the daycare had a duty of care placed upon it by Florida law to staff its daycare at 4:1 ratio. It failed. Someone was supposed to be on duty at all times. No one was there. The boy went into respiratory distress, and there was no one there to respond to it. So, even if the infant was out partying the night before, the lapse in required care contributed to his death.

When is a daycare responsible for a death? 

When a death occurs on a daycare’s grounds, there is a limited window to defend. Essentially, the daycare must establish that the cause of death had nothing to do with them, and that they met or exceeded all regulatory requirements on daycares. If the daycare can establish that the child was injured prior to being dropped off, and they attended to his medical needs in a professional way, then the daycare would not be liable for the death. But there are a lot of requirements placed on the daycare, and ultimately, a death on the grounds will look really bad.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represents the rights of those who have been injured due to negligence. Call today to schedule a free consultation and learn more about how we can help you recover.

Source:

local10.com/news/local/2023/01/23/attorneys-parents-get-5m-settlement-after-9-month-old-dies-at-homestead-daycare/

The woman continues to suffer symptoms after her heartbeat was restored. Further, she was found to have high levels of troponin in her blood. Troponin is a protein that is present when the heart sustains damage. She continues to have episodes of chest pain, shortness of breath, and ankle edema.

Analyzing the lawsuit 

Yeah, it’s tough to lose a case like this. However, as an attorney, you don’t win by scoring a settlement. You win by scoring a settlement that fairly compensates your client for all their damages. In today’s economy, that equals a lot of money. Companies are often unwilling to pay beyond a certain amount. So, they fight the allegations using whatever means possible. What means are available to a company in this case?

For the company, it becomes nearly impossible to defend the EMT from the accusation of negligence. The EMT filled the syringe with the wrong medication, and it caused a heart attack. Period. So, the negligence falls on the EMT, the company that employed them, and anyone else involved with hiring the company.

Meanwhile, the defense wins by reducing the settlement award as much as it can. The defense knows that the negligence allegations are strong. However, they can still argue that the injury was not solely caused by the EMTs and the woman’s heart was weakened by years of cocaine use. You can be sure that if the company catches wind of anything that would help prove the injury was not solely their liability, they will use it to defend this case.

Lawsuits without negligence defenses can still be defended 

In cases where the question of negligence has already been settled, as in a lawsuit like the one above, the defense will move to limit damages as much as they can. This could mean contesting the extent of a patient’s injuries, alleging that the injuries were caused by their own negligence, or that the injury pre-existed the injury. Ultimately, for those filing personal injury lawsuits, these defenses fail more often than they succeed. But they run up the cost of trying the case, and they leverage defendants who are strapped for cash into quick settlements.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represent the interests of those who have been injured by negligent companies and citizens. Call today to schedule a free consultation and we can begin discussing your allegations immediately.

Source:

wcpo.com/news/local-news/campbell-county/lawsuit-newport-emts-overdosed-woman-with-wrong-medication-gave-her-a-heart-attack

About a week after the derailment occurred, families were allowed to return to their homes. However, as is so often the case, long-term physical ailments occurring due to contamination may not be entirely predictable or avoidable.

Residents have been assured that their water supply is safe and the air is safe to breathe.

Environmental fallout 

We know that some of the cars were carrying toxic chemicals and known human carcinogens. We know that cleanup crews performed a controlled release of the chemicals. Cleanup crews have cleared the area for human habitation, but residents remain afraid and unsure that the experts can know with 100% certainty that the air is safe.

For residents, there is a risk that toxic residue can remain even after the gas has been dissipated. While the residue is less dangerous than the gas, it is still a potential carcinogen.

The derailment 

The National Transportation Safety Board is currently investigating the accident. In many cases, these types of derailments are related to speeding. Yes, trains can speed and they do have speed limits. Certain areas of the track must be traversed more slowly than others. When conductors speed on these areas of the track, they risk derailment.

The other possibility is that there was a problem with the track itself. In these cases, the railroad company has a duty of care to maintain the track. So, if the derailment was the result of a failure to maintain the track, the liability falls on the train company.

At present, it’s very difficult to devise a scenario in which the train company is not liable for this accident. One notable exception would be sabotage or terrorism. But, there are no allegations of either and it would certainly be a first in American history. It remains the least likely scenario, but the only one that exonerates the company from liability.

What will happen to the company? 

Bankruptcy, almost certainly, depending on how well-connected they are with the government. Logistics companies, specifically those that transport hazardous materials, have a duty of care to ensure that those materials are safely transported, so the government can sue to recoup the costs of cleanup, the residents can sue to recoup the expenses related to the evacuation, and then later, if anyone gets sick because of the toxicity, the company is responsible for that too.

As of 2/23/23, a mechanical failure related to an overheated wheel bearing is being blamed for the accident. The mechanical failure falls under the responsibility of the company.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represent the interests of individuals who have been injured in transportation accidents or from toxic exposure. Call today to schedule a free consultation and learn more about how we can help.

Source:

news.miami.edu/stories/2023/02/ohio-town-faces-possible-health-environmental-disaster.html

Laws on the liability of bars and places that serve alcohol differ from one state to the next. Florida’s rules make it very difficult to sue a bar owner for serving alcohol. However, Florida rules are right on point when it comes to filing a lawsuit against a bar for negligent security. The bar has a duty of care to ensure that bar fights are broken up and the police are alerted to violent assaults. They also must ensure that medical attention is given to the injured. In this case, none of that happened, and it’s unclear why.

Dram shop liability versus negligent security 

Right now, there are a few bars in Florida that are being sued for dram shop liability. They are located in college areas and the accusations include allegations of serving liquor to underage individuals. Knowingly serving alcohol to a minor or an alcoholic are two grounds for dram shop liability. Both are based on what the bartender “knew” at the time.

Negligent security does not involve allegations related to serving alcohol. However, places that serve alcohol would have a higher standard of care since violence can sometimes ensue and not everyone is a happy drunk. In other words, a bar owner would have good reason to foresee a potentially violent situation and would respond with adequate security. In cases where that happens, the bar is generally not liable for a bar fight. However, the allegations made by this plaintiff extend well beyond a fight gone out of control.

In this case, the defendant is accused of beating the man unconscious, fleeing the scene, and then returning to beat the man some more. In between that, anyone at the bar could have called the police or an ambulance. Further, the security guards knew that there were problems between the two men prior to the altercation, but did not stay on top of the issue prior to his death. The man was transferred to the hospital in critical condition several minutes after the second assault where he died later.

The criminal defendant was initially charged with aggravated assault, but the charges were upgraded once the complainant died. Now the bar is being sued too, and even if this allegation is not successful, it will create a stink around the place that law enforcement will smell every time there’s another problem there. However, chances are good that a jury will find the security was negligent and charge the bar for failing to intercede on the plaintiff’s behalf.

Talk to a Miami Negligent Security Lawyer Today 

Alan Goldfarb, P.A. represents the interests of Miami residents who have been assaulted or injured at restaurants, bars, or public places. Call our Miami personal injury lawyers today to schedule a free consultation and learn more about how we can help.

Source:

djournal.com/news/crime-law-enforcement/family-files-wrongful-death-lawsuit-over-beating-outside-steele-s-dive/article_51de3f6d-817f-54f5-9061-efc3fbbacf05.html

Workers’ compensation issues 

The injury occurred while the worker was on the job, so it’s fair to ask whether or not workers’ compensation would pick up the tab. The answer is both yes and no. In a case like this, a worker can file a claim on their own company’s compensation policy, but they also have the option of filing a lawsuit against the second company that contributed negligence because that company does not employ them.

While a worker may be prevented from filing a lawsuit against his own employer, a contractor doing work on site would not be covered by workers’ compensation necessarily. Hence, the family could file a lawsuit against the negligent company or a no-fault claim on their company’s workers’ compensation policy. Or both.

At this point, it’s really about making the family whole. Workers’ compensation is a no-fault system. If the workers’ compensation insurer wants to get their money back, they can file a subrogation claim with the defendant company’s liability insurer. Such claims are quite common under the law. Whatever money was paid out by the workers’ compensation policy would need to be repaid back from the personal injury judgment. But that’s okay, because the personal injury judgment is going to be much larger than the workers’ compensation payout, and you’ll have some money upfront while you’re waiting for the litigation to settle on your personal injury lawsuit.

OSHA issues citations 

OSHA issued citations in regard to the incident. Three of these violations cited the company for exposing workers to hazardous conditions. Such incidents are known as stored energy violations. In this case, the truck could not be serviced when there was still flammable liquid in the tanker. It seems like the sort of thing that should never happen, is always fatal, and would be on a checklist. When something like this happens, it’s usually because the contractor was told the tanker had been properly prepared before servicing. However, the company denied concealing the matter and said the problem was “open and obvious”. Eventually, they settled with the estate. However, the terms of the settlement are confidential.

Talk to a Miami Personal Injury Lawyer Today 

Alan Goldfarb, P.A. helps injured workers file negligence lawsuits against companies that cause work-related injuries. If you are unsure whether you can file a lawsuit, please give our Miami personal injury lawyers a call today. You may be entitled to more compensation than you are currently aware.

The doctor was performing a cerebral angiography which involves injecting a contrast dye into blood vessels near the brain. The test can be used to find aneurysms and blocked blood vessels. In this case, the catheter broke off causing a massive hemorrhage in the plaintiff’s brain ultimately resulting in his death.

The lawsuit alleges that the doctors were negligent in the administration of the catheter. Indeed, catheters should not break off while patients are receiving injections. But is the doctor at fault for the broken catheter? It’s not clear at this point, but it’s likely the doctor doesn’t think so.

Medical malpractice versus medical device failure 

People may ask, what’s the difference between a medical malpractice lawsuit and a medical device lawsuit? Under the law, the difference is monumental. Medical malpractice lawsuits generally have a lot of red tape that plaintiffs are supposed to navigate prior to their lawsuit being authorized for filing. Medical device lawsuits, on the other hand, have very little red tape, are much easier to file, and you don’t have to prove negligence.

So, who is at fault? The doctor or the medical device company?

The doctor 

All we know is that the doctor attempted to administer a test and the catheter broke off. In this case, medical device lawsuits against companies that manufacture catheters are incredibly common. Less common are lawsuits against doctors who injure patients during routine tests, although it does occur. The doctor has every right to claim that the medical device company is primarily responsible for this injury, and not him. With no other information, it remains the more likely of the two.

The catheter 

Lawsuits against catheter manufacturers are incredibly common with allegations accusing the companies of producing catheters that break off in the body, the same allegations filed against the doctor. The doctor, in a case like this, could have done everything correctly and the defective catheter could have still killed the patient.

The lawsuit will likely name both the doctor and the catheter company. The plaintiff can let both parties prove their cases for them, and then use their arguments against one another to leverage a settlement from both.

Talk to a Miami Personal Injury Lawyer Today 

The office of Alan Goldfarb, P.A. can help you resolve a medical device or medical malpractice lawsuit. Call our Miami personal injury lawyers today to schedule a free consultation and learn more about how we can help.

Source:

abqjournal.com/2557060/suit-botched-diagnostic-test-led-to-columnists-death.html

The scene played out like this. The bar owners heard someone throw something through their window. Thinking the bar had been shot up, the victim and his son pursued individuals who they thought were responsible down the street. This was incredibly unwise. A fight broke out between the bar owner and various individuals in the street. The bar owner was taken down from behind and then held down by another man. The bar owner was able to fire a single shot over his shoulder while the man was on his back. The shot killed the man.

The bar owner was later charged with manslaughter. Witnesses said the gunshot victim was attempting to disarm an active shooter. The bar owner claims he fired a warning shot to get the man off his back. He was indicted by a grand jury and later took his own life. Initially, it looked as though the prosecutor would not press charges, but eventually, the case was placed before a grand jury that voted to indict. 

The parents of the shooter and suicide victim filed a wrongful death lawsuit against the County claiming that the prosecutors violated the defendant’s constitutional rights which led to his untimely death. The lawsuit has since been dismissed.

The suicide 

The shooter retreated to the West Coast after the indictment and took his life rather than face trial for manslaughter. The attorney who agreed to represent the parents in this matter has represented several of the January 6 rioters and former notable gunman Kyle Rittenhouse. In order to file a lawsuit on this basis, the parents would have been required to allege that the named defendants violated the Constitutional rights of the shooter. In this case, the lawyer contended that the two prosecutors conspired to make false and inflammatory claims in the media to deprive the shooter of a fair trial. The parents alleged that the prosecutor characterized the defendant as “a racist and a killer”.

Puffery 

What is puffery? Well, it’s when a lawyer overstates the quality of their case the same way a salesperson may overstate the quality of their product. Essentially, the prosecution went before the public and stated that the defendant was a racist murderer. The defendant received death threats as a result and had to remove himself from the community to ensure his safety. When the indictment came back, he took his own life to avoid trial. The judge ruled that because the prosecutor made no statements of fact (rather a statement of opinion on the quality of the prosecution’s case) it did not violate the Constitutional rights of the defendant. The suit was dismissed on the grounds of puffery.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represent the interests of injured plaintiffs in actions against negligent defendants. Call today to schedule a free consultation and learn more about how we can help.

Source:

omaha.com/news/local/crime-and-courts/judge-dismisses-wrongful-death-lawsuit-filed-by-parents-of-jake-gardner/article_a7ac6e80-e11f-11ec-bd76-5316e235663d.html

While it’s “humane” to put a suffering dog to sleep, it is considered illegal to do the same to a human being. However, the law doesn’t care about or even acknowledge potential ironies, and it is never (ever!) within the purview of an individual doctor to make the decision to terminate a patient’s life, even if the patient has requested euthanasia.

In places that allow a patient to terminate their own life, the patient must file a petition with the government. The petition is reviewed by multiple doctors and the circumstances of the patient’s case are considered. In cases where a patient fits the criteria for euthanasia, the petition is granted and the patient is allowed to die.

There is considerable controversy over whether or not this should be allowed. However, Americans tend to believe in personal choice. Today, there is growing acceptance of euthanasia as a treatment option for the critically ill. But a doctor can still be sued by a family if his treatment protocol results in the death of their loved one, regardless of whether or not they requested death.

Analyzing the doctor’s defense 

All of the patients were critically ill. All of the patients died. It became impossible for prosecutors to unravel what the drugs did versus what their failing health did. The doctor was acquitted on all of the murder charges filed against him. However, he has surrendered his medical license in Ohio where he practiced (he could still end up in Florida) and the hospital has paid out nearly $20 million in settlements to families.

Essentially, the doctor could not argue that the patients asked him to suicide them because that is still illegal. The argument would, however, have done a considerable amount of damage to their personal injury claim. Because the defense, however, admits to criminal conduct, it was not used. This placed the hospital in the awkward position of admitting that the doctor had overprescribed dangerous medication resulting in the deaths of as many as 12 patients.

At this point, the defense of the doctor is a foregone conclusion and the attorneys representing the hospital are attacking the individual claims made by specific plaintiffs in the attempt to reduce the overall settlement amount. They can say things like, “this person would have died anyway” or “doctors routinely write prescriptions for this amount in such situations.” The prosecution would have then focused on how the painkillers accelerated the deaths of the patients. But it didn’t get that far.

Talk to a Miami Personal Injury Lawyer Today 

Alan Goldfarb, P.A. represents the interest of Miami plaintiffs who have been injured by negligent actors. Call our Miami personal injury lawyers today to schedule an appointment and learn more about filing a Miami personal injury or wrongful death lawsuit.

Source:

10tv.com/article/news/investigations/10-investigates/mount-carmel-patient-overdose-deaths/additional-settlements-reached-in-8-wrongful-death-lawsuits-against-husel-mount-carmel/530-026b0450-ce9e-4e2d-8e21-ff796ba6ba89