Tacoma Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Foundry Explosion Highlights Importance of Seeking Workers

Michael Myers — Tue, 09 Oct 2007 08:18:40 GMT

Last Saturday afternoon an explosion at a Tacoma foundry caused a massive fire, closed a major highway and sent four people to the hospital. The fire at Atlas Castings & Technology was started when a delivery truck carrying 8,000 gallons of propane exploded at the foundry and caused a fire in a nearby propane tank.

The explosion was described by witnesses and police as like a bomb going up. The flames of the fire reportedly shot up as high as 1,000 feet in the air, and police were still struggling to contain the fire late into Saturday night.

The four people injured as a result of the explosion included three foundry workers and the driver of the delivery truck that exploded. The driver was transported to Harborview Medical Center with serious injuries. One foundry worker suffered facial burns and the other two suffered leg and knee injuries.

The horrible explosion made me think about the families of the injured workers. The workers and their families are entitled to workers compensation benefits through the Department of Labor and Industries. But workers compensation benefits are rarely adequate and many people think if they're injured at work they can't bring a personal injury claim.

This view is inaccurate. While they may not be able to sue their employers or co-workers for personal injuries, they can bring personal injury claims against, for example, workers from other companies that cause their injuries.

For more information on this subject, please refer to the section on Workplace Injuries and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

San Diego Diocese Pays $198 million in Sexual Abuse Cases

Michael Myers — Mon, 01 Oct 2007 16:34:10 GMT

On September 7, 2007, The Roman Catholic Diocese of San Diego agreed to pay over $198 million to 144 alleged victims of sexual abuse by clergy.

Earlier this year, the diocese abruptly filed for bankruptcy protection just hours before trial was scheduled to begin on 42 lawsuits alleging sexual abuse. Bankruptcy could shield the diocese's assets, but a judge recently threatened to throw out the bankruptcy case if church officials didn't reach an agreement with the plaintiffs.

The Diocese of San Diego, with nearly 1 million Catholics and holdings throughout San Diego County, is by far the largest and wealthiest of the five U.S. dioceses to have filed for Chapter 11 bankruptcy protection under the shadow of civil claims over sexual abuse.

This is the second-largest payment by a diocese. The largest payment was from the Los Angeles Archdiocese, which settled 508 cases for $660 million in July.

Originally posted at InjuryBoard by Michael Myers

Pool Company Found Negligent in Wrongful Death Lawsuit

Michael Myers — Fri, 28 Sep 2007 11:00:42 GMT

On September 25th the parents of a 5-year-old boy who drowned last year at Crofton County Club in Anne Arundel County were awarded more than $4 million in damages.

The judge ordered DRD Pool Service Inc., the county club's management company, to pay Thomas Free and Debra Neagle Webber $2,000,076 each. The $76 serves as a symbol of Connor Freed's July 6th birthday. DRD was found negligent for failing to adequately train its lifeguards and properly staff the pool.

On June 22, 2006, when Conner was found floating in the Crofton County Club pool, a 16-year-old lifeguard who had been on the job for three weeks was on duty. Currently, in Anne Arundel County only one lifeguard is required for every 50 swimmers.

Conner was at the pool with a family friend, Paul Carroll, and two other children. The jury did not award a judgment against Carroll who had also been name in the wrongful death lawsuit.

Conner's parents have started a foundation in their son's honor called Conner Cares. The foundation works to create standardized and more stringent safety requirements at public pools.

Drowning is one of the most, if not the most, preventable cause of childhood deaths. Businesses and facilities that fail to properly supervise children should be held accountable.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Michael Myers

Infant Falls 20 Feet from Bleachers, Listed In Critical Condition

Michael Myers — Wed, 19 Sep 2007 07:32:01 GMT

During a high school soccer game at Toppenish Middle School a 5-month old baby girl fell 15 to 20 feet from the bleachers to the ground below. The baby suffered a head injury and was taken by ambulance to Yakima Valley Memorial Hospital then airlifted to Harborview Medical Center where she was listed to be in critical condition.

Police said a relative was baby-sitting the child during a high school soccer game at A.C. Meagher Field and had her in a car seat when the infant was bumped somehow about 7:30 p.m. Tuesday.

While typically children cannot bring actions against their parents (except in motor vehicle accidents and where their parents are grossly negligent (or have intentionally harmed them)), they can bring actions against caregivers in situations like this (or against the person who caused the car seat to fall).

Originally posted at InjuryBoard by Michael Myers

Pit Bull Attacks Woman and Greyhounds

Ryan Nute — Fri, 13 Apr 2007 17:13:55 GMT

Cynthia Greear and her two dogs were attacked by a neighbor's pit bull in Lakewood, Washington. One of the dogs was killed and the other was badly injured.

The attack continued even after neighbors intervened. The owner of the pit bull is reportedly taking full responsibility for the attack and offered to pay Ms. Greear's veterinary bill.

As the recent pet food litigation suggests, compensation for injuries to loved pets is a quickly-developing area of the law. Many pet owners believe their pets have intrinsic value and are not simply judged by market worth like a car or other piece of personal property. The pit bull owner in this case might wish to tender any claim made to his or her homeowners' insurance company.

Suicide in Thurson County Jail

Ryan Nute — Fri, 13 Apr 2007 16:33:11 GMT

A 48-year old man charged with attempted first-degree murder and several other crimes apparently committed suicide in the Pierce County Jail Wednesday. Reportedly he was facing life in prison under Washington's "Three Strikes" law.

According to the Sheriff's office the man was not on a suicide watch and had not been a concern.

Unfortunately, people in jail or in prison can easily be suicide risks. Obviously it can be very difficult to determine whether a person is a suicide risk or what suicide prevention measures are appropriate. However, there are cases where jails have been found liable for failing to prevent jail suicides. These cases are, as you might imagine, very fact-dependent and the legal standards which apply are complex.

Originally posted at InjuryBoard by Ryan Nute

Slip and Fall Victim on the Mend

Ryan Nute — Mon, 08 Jan 2007 09:31:44 GMT

A woman sustained a severe brain injury last October after slipping on steps while leaving a school function at Washington State University. She was in a coma and underwent five hours of brain surgery.

The patient recently returned to her home town, and will be undergoing physical therapy, occupational therapy and speech therapy.

Apparently the woman was wearing high heels at the time of the accident. While the type of shoes someone is wearing at the time of a slip/trip and fall is often brought up as an issue, stair design and maintenance are issues which are just as if not more important but are often overlooked in determining the cause of a fall. "Human factors" experts and stair design experts can be very helpful in investigating any serious slip and fall case which appears to have been caused by unsafe stair maintenance or design.

Originally posted at InjuryBoard by Ryan Nute

New Year's Fireworks Accident Injures Five

Ryan Nute — Mon, 01 Jan 2007 14:14:45 GMT

A fireworks explosion at a home in Auburn, Washington caused five people to suffer first and second degree burns. Two were arrested.

Apparently the explosion started when a device was ignited in an occupied room.

Some of the injured persons may have claims against the person(s) who iginited the fireworks.

Skyway Girl Maimed by Pit Bull

Ryan Nute — Sat, 23 Dec 2006 17:39:02 GMT

8-year old Leneeka Warren was attacked by a pit bull on December 15, 2006.

Reportedly the dog was being handled by a pair of teenage boys when it got loose. Leneeka spent nine hours in the emergency room at Harborview Medical Center.

Civl and criminal charges may be issued. Additionally, Leneeka likely has civil tort claims against the boys who handled the dog and possibly the dog's owner. Hopefully there is homeowners' insurance coverage that may pay for her medical expenses and other damages.

Originally posted at InjuryBoard by Ryan Nute

Worker Injured When Arm Caught in Meat Grinder

Ryan Nute — Thu, 14 Dec 2006 12:04:35 GMT

An employee of Golden Steer Choice Meats was injured Thursday when his left arm became caught in a meat grinder. He was transported by ambulance to Harborview Medical Center. The accident is being investigated by safety officials.

The injured employee (Robert Frye) will likely have a workers' compensation claim for his injuries. Depending on the facts he may also have claims against the manufacturer of the grinder or third parties who may have negligently installed or maintained the grinder. Any serious workplace accident should be thoroughly evaluated to ensure no potential claims are overlooked.