Obviously, the district is scrambling to avoid liability, but in some cases, it’s smarter to throw the employee under the bus. The parents further contend that policies were violated when the boy crossed in front of the bus.

Police had previously reported that the boy was running alongside the bus and attempted to cut in front of him when he was struck. The buses are now dropping students off in front of their homes.

This is the second major lawsuit involving the death of a child by a school bus. The other, which was filed in Texas, alleges that the school bus driver ran over the child after he crossed in front of the bus in a blindspot. School buses are supposed to have extending arms that prevent children from passing in front of the bus in the blindspot where a child cannot be seen. The buses provided by this district did not have them.

Why does this keep happening? 

This is the sort of thing that would happen all the time but for policies that we have in place to prevent it. For instance, a policy that demands that all children be dropped off in front of their home, would prevent a child from having to cross the street to get to their home. Unless the child lived on a one-way street, there would never be any reason for the child to cross in front of the bus. This eliminates 90% of the potential accidents that can be caused this way. Hence, why the policy is important.

In this case, you have a bus driver with CDL not following the rules.

Second, we have extending arms that prevent children from entering the blindspot of the bus in front when crossing in front of a bus. This should prevent the other 10% of accidents because the child will cross where the bus driver can see them. Unless the bus driver is not looking directly in front of them as they’re driving, the child would be safe.

So, unless something really weird happens, this is the sort of thing that should almost never happen. Because we have a means of preventing these problems, it falls on the liability of the employees and the company owners when a child is injured or killed. The policy is there to prevent that. The policy wasn’t followed. A child died as a result of that.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. help parents get justice for their children when they are injured by negligent caretakers. Call today to schedule a free consultation and learn more about how we can help.

Source:

wgntv.com/news/north-suburbs/family-of-7-year-old-struck-killed-by-school-bus-in-park-forest-file-wrongful-death-lawsuit/

In most cases, an individual who is injured on the job can file a claim with the employer’s workers’ compensation policy. Unfortunately, workers’ compensation policies only pay out in the event of an accident. So, if a gun falls off the shelf and takes out 6 employees, they would have to file a claim on workers’ compensation. However, because a manager shot and killed the employees intentionally, the workers’ compensation insurer will deny the claim.

That leaves the plaintiffs with only one option: To file a wrongful death lawsuit against Walmart. The question then becomes: Is Walmart liable?

Walmart is liable for this shooting 

Corporate personhood may sound like something that only benefits corporations, but it is a bit of a double-edged sword. You see, if one corporation is considered the equivalent of one person, that means every individual in the corporation acts as the corporation when they are on the job. In this case, the manager was acting on behalf of Walmart when he shot and killed the 6 employees. Hence, under the law, it’s “the same as if” Walmart had pulled the trigger itself.

On the other hand, Walmart cannot be charged with a crime unless OSHA stepped in which appears unlikely. In that case, OSHA is only allowed to charge a corporation with a misdemeanor, but they cause all kinds of problems for the company.

Negligence 

If an employee shoots a bunch of people and you’re injured, you don’t have to prove that the employer was negligent to win your case. In this case, the plaintiffs are alleging that Walmart was negligent. They say that they warned Walmart about the manager’s conduct and that it was concerning enough to act on the concerns of employees. Walmart did not act on these concerns and so, 6 people were killed and others severely injured. Hence, Walmart is responsible even if corporate personhood and vicarious liability did not factor into the case. Walmart could have intervened and failed.

That will not help Walmart route these claims through workers’ compensation which would be much cheaper for them. Since the incident was not an accident, there is no basis for a workers’ compensation claim. Walmart likely will pay out millions to settle the claim and pay closer attention to their manager’s mental health in the future.

Talk to a Miami Personal Injury Lawyer Today 

Alan Goldfarb, P.A. represents the interests of Miami residents who have been injured by negligent companies or individuals. Call our Miami personal injury lawyers today to schedule a free consultation and we can begin reviewing your case immediately.

Source:

13newsnow.com/article/news/local/mycity/chesapeake/chesapeake-walmart-mass-shooting-lawsuit-randy-blevins/291-7371cb4b-5b03-442d-a4aa-05d3d9078435

In addition to the landlord, the township in which the home was owned is being sued for failing to enforce building codes that would have caught the matter before the fire occurred. While the township did, apparently, issue citations and summonses, it did nothing to enforce those citations leaving the residents in a death trap.

The landlord, however, contends that the matter was caused by first-floor residents who failed to extinguish a cigarette butt causing the fire. While that may be true, it does not mean that the landlord has no responsibility to the tenants. In this case, both the first and second-floor tenants were able to escape without harm. However, a family of Guatemalans was trapped when a staircase collapsed after being destroyed by fire. All five family members were killed in the blaze.

That lawsuit against the township 

Several criminal complaints were filed against the landlord including failure to have a permit, building code violations, and more. Several were served mere weeks before the blaze occurred. The permits are reissued after buildings have been inspected. In this case, the landlord allowed the license to lapse rather than having the building inspected. The landlord refused to respond to notices and efforts to contact the landlord went unanswered. An attorney for the landlord claimed that her failing health and pressures related to the coronavirus prevented her from meeting her obligations to the township. The complaint accuses the town of failing to issue summonses for building code violations that would have prevented the deaths of this family.

The landlord also claims that the third floor had smoke detectors but that appears unlikely. Further, the state requires two usable means of escape for apartments. In this case, there was only one means of escape, a stairwell that had been destroyed by the fire.

The lawsuit accuses the township of not adequately enforcing building codes that would have prevented the deaths of this family. It further accuses the landlord of knowingly operating a death trap that she could not afford to maintain and exposing individuals to lethal harm to avoid the cost of meeting basic requirements.

One impediment to wrongful death lawsuits is that you need someone to sue. When an entire family dies, it can be more difficult to find plaintiffs. Ultimately, the estate can file suit, but it’s only able to recover specific types of damages. Ultimately, a landlord in this situation may have killed anyone who can file a lawsuit against them.

Talk to a Miami Personal Injury Lawyer Today 

The office of Alan Goldfarb, P.A. represents the interests of Miami residents who have been injured by negligent parties. Call our Miami personal injury lawyers today to schedule a free consultation and we can discuss your allegations in more detail.

Source:

riverheadlocal.com/2023/02/13/wrongful-death-lawsuit-filed-against-town-and-landlord-on-behalf-of-second-street-fire-victims/

This is a difficult situation for the plaintiffs. In most cases, a police department does not have a duty of care to do any specific thing on behalf of the public. The Supreme Court has ruled the law enforcement has ultimate control over how they handle calls. There is a small window of liability when the department violates one of its own policies. In this case, law enforcement did not follow its own policy and a woman died.

The policy was likely in place because of numerous incidents related to preventable deaths that occurred when an officer failed to separate a couple.

Selfie establishes abuse 

Reconstructing what happened the night of Gabby Petito’s death has been difficult, but an attorney for the family recently divulged a selfie taken by Petito before the murder that shows she had bruising on her face. That would establish that the police officers had a duty of care to act in light of the policy. They failed to do so, even though Petito was showing obvious signs of abuse, and she was murdered shortly thereafter. Hence, the family believes that Utah police are responsible for Petito’s death.

The selfie is there to establish that the police had an actionable duty of care at the time they were called to the domestic disturbance. If Petito looked fine when they showed up, it could be a different matter altogether. Every police department establishes its own internal department policies. The policies protect both the police department and the public.

The family contends that the officers ignored the severity of Petito’s injury. They believe that her fiance evidenced signs that he would kill her via the bruising left around her neck. Petito would be found strangled to death later.

Sovereign immunity 

Sovereign immunity is a difficult barrier to overcome. While you can file lawsuits against police and government, the lawsuits tend to be capped at $200,000 (in Florida) and maybe a little more elsewhere. To recover more than the cap, you must petition the legislature which can often make it years before a plaintiff sees a penny, if ever. So, the government makes it harder, but not impossible to file suits against them.

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 injured by negligent companies and individuals. Call today to schedule a free consultation and learn more about how we can help.

Source:

cbsnews.com/miami/news/selfie-taken-by-gabby-petito-shows-she-had-a-facial-injury-on-the-day-she-was-interviewed-by-moab-police-over-domestic-disturbance-call-lawyer-says/

According to the family, the school is located directly outside of a highway but the school cannot be seen because of obstructing trees. Additionally, the speed limit outside of the school is 65 mph but there was another sign to reduce speed to 45 when there was a flashing yellow light. None of the flashing yellow lights were operational and the sign was not in working order when the crash occurred. The family contends that there was no other alert that drivers were entering a school zone. This made the area unreasonably dangerous for both children and the school resources officer who was directing traffic that day. Since the city had foreknowledge of the dangerous condition and allowed a man to enter it without correcting or warning him about the dangerous condition, the family believes the city should be held accountable for his death.

Two forms of immunity to overcome 

This is a very difficult lawsuit for the family and their attorney. There are two forms of immunity they will have to overcome. The first is sovereign immunity which applies when you sue a government, and the second is employer immunity which applies when you sue an employer.

The first, employer immunity, applies when your employer commits some form of negligence that leads to an injury. In most cases, workers’ compensation would kick in here and prevent a lawsuit. In the case of a death, death benefits would be given to the family. However, the school resources officer’s family has filed the lawsuit against the Department of Transportation which is responsible for maintaining safe roadways, especially outside of schools. It remains unclear if this will be enough to overcome employer immunity. Alternatively, if the workers’ compensation policy does not cover the worker’s situation, then a lawsuit could be filed.

The second form of immunity is sovereign immunity. That applies when a citizen files a lawsuit against a government. Every state has its own rules on sovereign immunity. But Florida’s rules cap damages at $200,000 per individual. It’s possible to recover more than that, but the plaintiff must ask their lawyer to petition the legislature to pass the claims bill authorizing the money for the plaintiff.

The plaintiff is in a difficult position having lost a loved one to a preventable accident. Now, the matter is also tied up in various legal obstacles to recovery. Ultimately, the accident was foreseeable.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represent the rights of the injured in personal injury lawsuits against negligent defendants. Call today to schedule a free consultation and we can begin discussing your lawsuit immediately.

Source:

wtva.com/news/family-of-slain-police-officer-files-wrongful-death-lawsuit/article_1925595e-a80e-11ed-861c-535ee19db74b.html

However, before that money could be disbursed to the defendant and his legal team, an attorney representing the family of the victim blocked the move and clouded title to the money. The family believes that money should go to them after they win a wrongful death lawsuit against the defendant. Indeed, with a conviction in criminal court, the US courts would presume the defendant was guilty under the lower standard in civil court. That would mean that the plaintiffs would only have to argue damages.

How would this play out in the U.S.? 

There would be a rush for the plaintiffs to get a judgment against the defendant before he could get to his Bitcoin. Typically, a plaintiff wants to move as quickly as possible to avoid the defendant divesting their assets somewhere they cannot reach. If the plaintiffs can get access to the money, file an injunction to prevent the money from being disbursed to the defendant, and then win their suit, they would also have to file a second lawsuit to recover the judgment. At that point, they have the defendant where they want him.

However, the situation is not perfect. The defendants assets would be placed into a bankruptcy trust and no single creditor would be placed before another in the hierarchy of payment. That means the defendant’s lawyers still have a valid claim to that money. Ultimately, a bankruptcy trustee would divide any assets from the plaintiff’s estate among the creditors. In this case, it would be the defense team and the wrongful death plaintiffs. So, if the Bitcoin is worth $200,000, they may be able to split that in half depending on the value of each of their claims.

How would that be decided? Well, if the defendant owed each party $100,000, it would be perfect. However, it is more likely that the plaintiffs will be getting more money than the defense team. Let’s say $1 million for wrongful death and $40,000 for the defense team. So, for everyone $1 the defense team received, the plaintiffs would receive $25.

Assuming there is $200,000 in the Bitcoin wallet, the defense team would get $8,000 and the plaintiffs would receive $192,000 minus any fees paid to the bankruptcy attorney and the cost of filing.

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 due to malice and negligence. Call today to schedule a free consultation and learn more about how we can help.

Source:

torontosun.com/news/national/convicted-nova-scotia-murderers-stash-of-bitcoin-at-centre-of-wrongful-death-lawsuit

According to the waiver, the parents signed away their right to file a lawsuit based on negligence or acts of omission. However, child molestation is not considered an act of negligence, but rather violence with intent to harm. The parents claim that the waiver does not include sexual misconduct and that this interpretation of the waiver is absurd. According to an attorney representing the parents, “sexual abuse is not a school activity”. Hence the waiver should not apply.

According to the lawsuit, 14 students were abused.

Analyzing the defense 

The waiver will probably not hold up in court. The synagogue is seeking summary dismissal based on the waiver. The teacher is not being identified in the press because no criminal charges have been filed and the teacher is not named as a defendant in the lawsuit. An investigation into the teacher failed to uncover any firm evidence of sexual abuse. However, given the exceedingly young age of the victim pool, that isn’t necessarily surprising. It remains unclear how the parents became aware of the conduct.

The synagogue claims that the teacher is an odd duck, but not a child molester. They further claim that they reported the allegations to authorities who decided not to file charges against the teacher.

However, the children were left alone with only one supervisor in violation of policy allowing conditions “ripe for abuse”. The synagogue operated a daycare, so the age of the children in question is between 2 to 4 years old. It is their reports that have formed the foundation of this lawsuit.

No criminal charges 

Without criminal charges against the teacher, the question becomes: How do you establish that sexual misconduct occurred? This is the problem that plaintiffs are currently facing. The teacher will obviously deny that he harmed any students and the synagogue will likely present a unified defense with their teacher. So the parents need to establish that the sexual misconduct occurred. The burden of proof in a civil case, however, is lower, so the plaintiffs will need to establish that abuse was more likely than not as opposed to beyond a reasonable doubt.

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 parents whose children were injured in daycare, school, or any organized activity. Call today to schedule a free consultation and discuss your allegations with an experienced professional.

Source:

wtop.com/dc/2020/10/washington-hebrew-congregations-preschool-sued-for-child-endangerment/

Negligent security lawsuits 

Firstly, it isn’t necessary for the family to drag illegal gambling into the matter to prove their case. The convenience store had a number of violent incidents outside and around the store that should have been addressed by the owner. In these cases, it simply means hiring security guards to protect guests from potential criminal conduct. However, the former prosecutor and plaintiff’s attorney claims that the business did not want to hire sheriffs for fear that they would shut down their illegal slot machines. Hence, the choice to avoid hiring security is directly related to the illegal ventures which placed customers in danger.

Negligent security lawsuits, however, do not usually require criminal conduct on-premises to be actionable. Plaintiffs have to establish that a location has a history of violence or criminal conduct and thus property owners must address the matter in order to protect guests. However, this suit is making headlines due in large part to the plaintiff’s attorney’s crusade against illegal gambling in Georgia. He links the gambling to criminal conduct, says the machines are addictive, and believes that Georgia should make a stronger effort to shut down these illegal machines. However, his platform was rejected by voters and now he’s a member of the private sector. He has decided to take this case as it allows him a platform for his crusade. Is this good or bad for the plaintiffs?

Crusaders and your personal injury suit 

If you want money, hiring a crusader to file your personal injury lawsuit may not be in your best interests. In this case, police and the district attorney believe the shooting was a targeted attack related to a previous robbery. In other words, it was a revenge killing. The attack was not spontaneous nor was it related to money. No matter how much you pay a sheriff’s deputy, they will not launch themselves in front of a bullet to prevent the death of guests and avoid negligent security lawsuits. In fact, the shooting happened outside of the convenience store where the victim was standing, had nothing to do with illegal gambling machines, and hence may not have been preventable. If it’s not preventable, then it’s not actionable. The victim will be blamed for causing ill-will that resulted in his death.

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 personal injury lawsuits. We are committed to your recovery, not our personal agenda. Call today to schedule a free consultation and learn more about how we can help.

Source:

13wmaz.com/article/news/crime/ex-macon-district-attorney-represents-victims-family-in-illegal-gambling-wrongful-death-lawsuit-against-gas-station-2/93-e1e4c3d9-7e46-4e4d-83b2-f93831ef4f24

The family alleges that the facility failed to meet its duty of care to its residents and are suing the developer and owner of the complex. They allege negligent security, understaffing, and more made it too easy for the dementia care patients to wander off the complex. The family further alleges that they were never notified once the facility became aware that their resident was no longer present. They say that security cameras that were supposed to be working were not working at the time making it more difficult to track the woman down or determine how she escaped.

A second lawsuit filed against the facility makes similar allegations. They claim their loved one, an 86-year-old dementia patient, had to be hospitalized three times in six weeks for various ailments. This included an ear infection, a urinary tract infection, dehydration, and hypoxia. The family says that they hired a nurse to examine their loved one, but the nurse was initially denied access. When she was finally authorized to examine the woman, she noted some serious problems. Firstly, the woman was found lying naked on her bed. The bed had no sheets on it. Then, she noted that the woman had been given the wrong medication on at least one occasion. They also noted the apartment was infested with bugs and the room smelled of urine.

Assisted living neglect lawsuits 

Assisted living centers are not nursing homes. They provide support to residents, usually three meals, a place to live, and medical services as well. However, they are not as intensive as nursing homes or primary care centers. In other words, they provide some medical support services and some landlord services as well as food preparation.

In cases like these, it can be unclear if the matter is medical malpractice or basic negligence. In fact, the allegations appear to contain a little of both. In examining the lawsuit, a judge will review the contract signed by the plaintiffs and the duties of care that the facility took on. If the facility could not meet its obligations under the contract, then you have a basic breach of contract, false advertising, and consumer fraud action. However, since the elderly are a protected class of citizens, the lawsuit can also be filed under a theory of civil rights abuses and the Affordable Care Act (Obamacare) assigned patients specific rights in these cases.

So, you have consumer fraud, breach of contract, medical malpractice, landlord and premises liability, civil rights abuses, and perhaps even more.

Talk to a Miami Nursing Home Abuse Lawyer Today 

If your loved one has been injured or placed in danger due to the failure of a nursing staff, the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. can help you recover damages and hold the negligent party accountable for their conduct. Call today!

Source:

blockclubchicago.org/2022/05/06/vulnerable-senior-went-missing-twice-because-of-inadequate-security-at-south-side-assisted-living-facility-family-alleges-in-lawsuit/

Police at the scene indicated it was likely that the teen was under the influence at the time of the accident, but the teen’s father reported that his toxicology reports indicated that he was not drunk at the time. While possible, it generally takes several months before toxicology reports come back and it would still not save the teen from considerable prison time. Plus, the estates of six individuals all have valid wrongful death claims against him.

Will the teen be charged with DUI? 

That is still the most likely outcome. The father only stated that the teen’s tox report indicated he wasn’t drunk at the time. That doesn’t mean he wasn’t high on something else. Blood drawn at the hospital is generally sent to a lab where it sits on a shelf for months at a time until the lab gets around to testing the blood. Prosecutors will not file charges until the lab results are in because once the charges are filed, the clock begins ticking on their prosecution. They need to have the tox reports before they begin the prosecution. The fact that the teen has not been charged indicates that the police don’t have the toxicology reports back yet and the father has no credible reason to believe that the hospital has any information that could exonerate his son.

If the toxicology reports come back clean, the teen can be charged with vehicular manslaughter as opposed to DUI manslaughter. He would face 6 counts of vehicular manslaughter which have a maximum sentence of 14 years and a mandatory minimum of 4 years. So, he’d be facing a mandatory minimum of 24 years for 6 manslaughter charges. To win that case, the prosecution must show that the teen’s conduct was reckless which goes beyond mere negligence. The plaintiffs will have an easier time proving wrongful death than the state will have proving vehicular manslaughter. Nonetheless, speeding into the back of an SUV at full speed evinces a complete disregard for the safety of others, and this is a strong foundation for such a prosecution.

In a wrongful death lawsuit, the victim’s families need only prove basic negligence led to the death of their loved one. So, their lawsuit appears all but won, for all the good it will do them.

Talk to a Miami Personal Injury Lawyer Today 

The Miami personal injury attorneys at the office of Alan Goldfarb, P.A. handles traffic accident liability claims, including wrongful death claims. Call today to schedule a free consultation and we can begin discussing your case immediately.

Source:

pbf.com/article/victims-family-files-wrongful-death-lawsuit-against-parents-of-teen-involved-in-6-person-fatal-crash/39632359#