Personal Injury

We normally think of exercise equipment as inherently healthy, but a CEO’s recent death has many wondering about the health risks of using treadmills.
Dave Goldberg, CEO of SurveyMonkey and husband of Facebook COO Sheryl Sandberg, died last week after falling and striking his head while using a treadmill. Goldberg’s death was a shock to Silicon Valley and a wake-up call to the 50 million Americans who use them that treadmills may be dangerous.

Running a Risk
According to the U.S. Consumer Product Safety Commission (CPSC), treadmill-related injuries led to 24,000 emergency room visits last year alone. The CPSC also reports there have been “30 reported deaths associated with treadmills for the ten year period from 2003-2012 or an average of about 3 per year (2012 is the last year for which fatality reporting is nearly complete).”
Goldberg fall caused a traumatic brain injury and hypovolemic shock, which can cause severe blood loss. While it is not clear what led to Goldberg’s fall, most treadmill injuries occur because users lose their balance on the rotating belt, often resulting in severe bruises or broken bones.
Also unclear was how many of the thousands of injuries per year were due to a treadmill defect, whether in design or manufacturing, or if the treadmills involved carried adequate warnings about possible dangers. CPSC statistics show that no other piece of exercise equipment caused more injuries than treadmills.
Keep Kids Away
Children are especially susceptible to treadmill injuries, especially friction burns. An Australian study found that “pediatric treadmill friction injuries are severe and increasing in incidence,” and led to a national safety campaign. And in 2009, Mike Tyson’s daughter Exodus died after becoming entangled in a treadmill cord. Experts warn owners to keep children away from treadmills, even if they’re not turned on.
If you or someone you know has been injured in a treadmill accident, you may want to consult with an experienced injury attorney about your case.
Related Resources:

Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
Dave Goldberg’s death highlights unseen dangers of treadmills (CNN)
Treadmill Injuries Can Lead to Lawsuits (FindLaw’s Injured)
Product Liability Law (FindLaw)

Source: Legal Law Firm

We normally think of exercise equipment as inherently healthy, but a CEO’s recent death has many wondering about the health risks of using treadmills.
Dave Goldberg, CEO of SurveyMonkey and husband of Facebook COO Sheryl Sandberg, died last week after falling and striking his head while using a treadmill. Goldberg’s death was a shock to Silicon Valley and a wake-up call to the 50 million Americans who use them that treadmills may be dangerous.

Running a Risk
According to the U.S. Consumer Product Safety Commission (CPSC), treadmill-related injuries led to 24,000 emergency room visits last year alone. The CPSC also reports there have been “30 reported deaths associated with treadmills for the ten year period from 2003-2012 or an average of about 3 per year (2012 is the last year for which fatality reporting is nearly complete).”
Goldberg fall caused a traumatic brain injury and hypovolemic shock, which can cause severe blood loss. While it is not clear what led to Goldberg’s fall, most treadmill injuries occur because users lose their balance on the rotating belt, often resulting in severe bruises or broken bones.
Also unclear was how many of the thousands of injuries per year were due to a treadmill defect, whether in design or manufacturing, or if the treadmills involved carried adequate warnings about possible dangers. CPSC statistics show that no other piece of exercise equipment caused more injuries than treadmills.
Keep Kids Away
Children are especially susceptible to treadmill injuries, especially friction burns. An Australian study found that “pediatric treadmill friction injuries are severe and increasing in incidence,” and led to a national safety campaign. And in 2009, Mike Tyson’s daughter Exodus died after becoming entangled in a treadmill cord. Experts warn owners to keep children away from treadmills, even if they’re not turned on.
If you or someone you know has been injured in a treadmill accident, you may want to consult with an experienced injury attorney about your case.
Related Resources:

Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
Dave Goldberg’s death highlights unseen dangers of treadmills (CNN)
Treadmill Injuries Can Lead to Lawsuits (FindLaw’s Injured)
Product Liability Law (FindLaw)

Source: Legal Law Firm

You’ve got questions… we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.
We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

After we broke up, my ex started posting vicious (and false!) rumors about me all over Facebook and Twitter. I’ve asked her to take them down, but she refuses. What do I do?
While the rise of social media has been great in promoting discussion and the spread of information and ideas, it has also created an environment that can quickly foster online bullying and defamation. If the poster’s ex was indeed posting statements that were untrue, the poster may have an online defamation case.
An experienced attorney would be able to advise the poster on the best way to pursue his or her case. Since defamation suits require that the false statements be “published,” it’s generally a good idea to preserve evidence of the comments before they are deleted. This can be done by:

Taking a screenshot of the comment and the entire computer screen;

Printing a hard copy of the comment with the time, date and web address; and

Taking a photo of the comment on the computer screen with a digital camera or web phone.
And of course, make sure that you stop all communication with your ex online and in the physical world until you get in touch with an attorney.
I’m going to meet with an attorney about an injury I recently suffered. I know it’s probably best to work with an attorney since I have no idea where to even start… But how do I make sure this is the right attorney for me?
This poster asks an extremely good question. Personal injury cases can be quite complicated when it comes to meeting strict deadlines, following complicated court rules and procedures, and finding the right experts to support the individual facts of a case. So in general, it’s a good idea to have an experienced personal injury attorney on your side to take care of these issues for you. But given the huge responsibility you’re handing over to your attorney, it’s no wonder this poster wants to make sure his or her attorney is the right one for the case.
When it comes to hiring a personal injury attorney, there are several important factors to consider, including the attorney’s experience, reputation, and area of specialty. These are all areas you can look into before meeting with (or even contacting) the attorney. Research the lawyer by asking for references and checking the state bar to make sure he or she hasn’t had any prior disciplinary issues.
Once you’re at your meeting, make sure to ask about the lawyer’s fees. Most personal injury attorneys take cases on a contingency basis – meaning they only collect a fee if you win your case. There are some other expenses, however, the attorney may require you pay yourself (e.g. medical exam expenses). Perhaps, most importantly, you’ll want to make sure that you feel comfortable speaking openly with your attorney.
Got a question or some advice to share? Be sure to stop by Answers today and check it our for yourself!
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Three Tips When You Sue For Online Defamation (FindLaw’s Injured)
Reasons To Hire An Experienced Personal Injury Attorney (FindLaw’s Injured)

Source: Legal Law Firm

You’ve got questions… we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.
We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

After we broke up, my ex started posting vicious (and false!) rumors about me all over Facebook and Twitter. I’ve asked her to take them down, but she refuses. What do I do?
While the rise of social media has been great in promoting discussion and the spread of information and ideas, it has also created an environment that can quickly foster online bullying and defamation. If the poster’s ex was indeed posting statements that were untrue, the poster may have an online defamation case.
An experienced attorney would be able to advise the poster on the best way to pursue his or her case. Since defamation suits require that the false statements be “published,” it’s generally a good idea to preserve evidence of the comments before they are deleted. This can be done by:

Taking a screenshot of the comment and the entire computer screen;

Printing a hard copy of the comment with the time, date and web address; and

Taking a photo of the comment on the computer screen with a digital camera or web phone.
And of course, make sure that you stop all communication with your ex online and in the physical world until you get in touch with an attorney.
I’m going to meet with an attorney about an injury I recently suffered. I know it’s probably best to work with an attorney since I have no idea where to even start… But how do I make sure this is the right attorney for me?
This poster asks an extremely good question. Personal injury cases can be quite complicated when it comes to meeting strict deadlines, following complicated court rules and procedures, and finding the right experts to support the individual facts of a case. So in general, it’s a good idea to have an experienced personal injury attorney on your side to take care of these issues for you. But given the huge responsibility you’re handing over to your attorney, it’s no wonder this poster wants to make sure his or her attorney is the right one for the case.
When it comes to hiring a personal injury attorney, there are several important factors to consider, including the attorney’s experience, reputation, and area of specialty. These are all areas you can look into before meeting with (or even contacting) the attorney. Research the lawyer by asking for references and checking the state bar to make sure he or she hasn’t had any prior disciplinary issues.
Once you’re at your meeting, make sure to ask about the lawyer’s fees. Most personal injury attorneys take cases on a contingency basis – meaning they only collect a fee if you win your case. There are some other expenses, however, the attorney may require you pay yourself (e.g. medical exam expenses). Perhaps, most importantly, you’ll want to make sure that you feel comfortable speaking openly with your attorney.
Got a question or some advice to share? Be sure to stop by Answers today and check it our for yourself!
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Three Tips When You Sue For Online Defamation (FindLaw’s Injured)
Reasons To Hire An Experienced Personal Injury Attorney (FindLaw’s Injured)

Source: Legal Law Firm

You’ve been injured, saw a doctor, notified your employer, and filed a workers’ compensation claim.
You’re receiving benefit payments to cover your medical expenses and lost wages, but how long will they last? What if you can’t return to work in a week, a month, a year? Will you still be covered?

Can You Work?
In addition to compensating you for your medical costs, workers’ compensation pays you for lost wages that you suffer. How much you’ll get and how long you’ll get payments depends on your state’s statutes.
Temporary partial disability and Temporary total disability
Temporary partial disability applies when you have some disability that still allows you to perform limited or part-time work at a lower income level. In Maryland, if you have a temporary partial disability, the employer or insurer will pay 50 percent of the difference between your current wage and the wage you earned before the accident.
If you are injured and cannot work at all for a period of time, you may be eligible for temporary total disability. In many states, you can receive up to two-thirds your normal wage. In Alaska, you can get up to 80 percent of your spendable weekly wage.
These benefits last until you are no longer injured and are able to return to work, or until you reach maximum medical improvement, at which point you may be eligible for permanent disability. Some states also set a time limit on temporary total disability. In Wisconsin, you can get up to 1,000 weeks of temporary total disability. In Texas and Minnesota, you can only get up to 104 weeks of payments.
Permanent partial disability and Permanent total disability
For permanent partial and total disability, how long your benefits last will depend on the nature of your injury and limits set by law. For example, in Maryland, you can get 100 weeks of payments for the loss of a thumb, but only 25 weeks of payments for the loss of a pinky finger. In Pennsylvania, you can get 260 weeks of payments for each 10 percent of hearing loss suffered.
So, the answer of how long will your workers’ compensation benefits lasts depends on the nature of your injury, how much your injury affects your ability to work, and the workers’ compensation laws of your state. An experienced local workers compensation attorney will be able to give you a more detailed answer for your specific case.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can You Get Workers’ Comp for Back Pain? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve been injured, saw a doctor, notified your employer, and filed a workers’ compensation claim.
You’re receiving benefit payments to cover your medical expenses and lost wages, but how long will they last? What if you can’t return to work in a week, a month, a year? Will you still be covered?

Can You Work?
In addition to compensating you for your medical costs, workers’ compensation pays you for lost wages that you suffer. How much you’ll get and how long you’ll get payments depends on your state’s statutes.
Temporary partial disability and Temporary total disability
Temporary partial disability applies when you have some disability that still allows you to perform limited or part-time work at a lower income level. In Maryland, if you have a temporary partial disability, the employer or insurer will pay 50 percent of the difference between your current wage and the wage you earned before the accident.
If you are injured and cannot work at all for a period of time, you may be eligible for temporary total disability. In many states, you can receive up to two-thirds your normal wage. In Alaska, you can get up to 80 percent of your spendable weekly wage.
These benefits last until you are no longer injured and are able to return to work, or until you reach maximum medical improvement, at which point you may be eligible for permanent disability. Some states also set a time limit on temporary total disability. In Wisconsin, you can get up to 1,000 weeks of temporary total disability. In Texas and Minnesota, you can only get up to 104 weeks of payments.
Permanent partial disability and Permanent total disability
For permanent partial and total disability, how long your benefits last will depend on the nature of your injury and limits set by law. For example, in Maryland, you can get 100 weeks of payments for the loss of a thumb, but only 25 weeks of payments for the loss of a pinky finger. In Pennsylvania, you can get 260 weeks of payments for each 10 percent of hearing loss suffered.
So, the answer of how long will your workers’ compensation benefits lasts depends on the nature of your injury, how much your injury affects your ability to work, and the workers’ compensation laws of your state. An experienced local workers compensation attorney will be able to give you a more detailed answer for your specific case.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can You Get Workers’ Comp for Back Pain? (FindLaw’s Injured)

Source: Legal Law Firm

Listen to any morning traffic report or talk to any friend and you know — car accidents happen all the time. And everyone’s got their own story. So how do you separate fact from fiction?
Here are five of the most persistent car accident myths, and why they’re they are just plain wrong.

If You’re Not Hurt Right Away, You Can’t Sue for Injuries Later. Some injuries, especially those like whiplash, can take weeks or months to develop noticeable symptoms. As long as you’re within your state’s statute of limitations, you can file an injury claim. Even if you don’t feel hurt, you should probably seek medical attention immediately, just to be safe.
The Other Driver and I Can Work It Out. One of the biggest mistakes after a car accident is admitting fault. And this can happen easily, even by mistake, if you’re negotiating on your own with the other driver. While a minor fender bender may only require the exchange of insurance information, anything more serious may require legal assistance.
The Police Will Determine Whose Fault It Was. If your car accident involves significant damage or any injury, you should call the police so they can write an accident report. And while this report may come in handy in court later, the police don’t ultimately decide blame for an accident. It’s possible that insurance companies, lawyers, and the courts could battle over liability, so you should supplement any police report with your own notes, pictures, evidence, and recollections.
Your Insurance Company Will Handle Everything. While insurance is a great, and a legally required thing to have, your policy may not cover everything, and the company may not be eager to pay out what is covered. You should review any offer your insurance company makes and be especially wary of talking to the other driver’s insurance company or attorneys.
I Don’t Need an Attorney to File My Injury Claim. It’s possible a minor accident won’t necessitate the advice of an attorney, but if there’s any dispute regarding who was at fault, the damages, or enforcing payment, you might want a good lawyer on your side. This is true even if you’re planning on settling your claim out of court.
Hopefully you’ll never find yourself involved in a serious car accident. But if you have been, you may want to consult an attorney regarding your options.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
When Is It Too Late to Sue for Injury? (FindLaw’s Injured)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
Can You Sue for Injury Without a Police Report? (FindLaw’s Injured)

Source: Legal Law Firm

Listen to any morning traffic report or talk to any friend and you know — car accidents happen all the time. And everyone’s got their own story. So how do you separate fact from fiction?
Here are five of the most persistent car accident myths, and why they’re they are just plain wrong.

If You’re Not Hurt Right Away, You Can’t Sue for Injuries Later. Some injuries, especially those like whiplash, can take weeks or months to develop noticeable symptoms. As long as you’re within your state’s statute of limitations, you can file an injury claim. Even if you don’t feel hurt, you should probably seek medical attention immediately, just to be safe.
The Other Driver and I Can Work It Out. One of the biggest mistakes after a car accident is admitting fault. And this can happen easily, even by mistake, if you’re negotiating on your own with the other driver. While a minor fender bender may only require the exchange of insurance information, anything more serious may require legal assistance.
The Police Will Determine Whose Fault It Was. If your car accident involves significant damage or any injury, you should call the police so they can write an accident report. And while this report may come in handy in court later, the police don’t ultimately decide blame for an accident. It’s possible that insurance companies, lawyers, and the courts could battle over liability, so you should supplement any police report with your own notes, pictures, evidence, and recollections.
Your Insurance Company Will Handle Everything. While insurance is a great, and a legally required thing to have, your policy may not cover everything, and the company may not be eager to pay out what is covered. You should review any offer your insurance company makes and be especially wary of talking to the other driver’s insurance company or attorneys.
I Don’t Need an Attorney to File My Injury Claim. It’s possible a minor accident won’t necessitate the advice of an attorney, but if there’s any dispute regarding who was at fault, the damages, or enforcing payment, you might want a good lawyer on your side. This is true even if you’re planning on settling your claim out of court.
Hopefully you’ll never find yourself involved in a serious car accident. But if you have been, you may want to consult an attorney regarding your options.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
When Is It Too Late to Sue for Injury? (FindLaw’s Injured)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
Can You Sue for Injury Without a Police Report? (FindLaw’s Injured)

Source: Legal Law Firm

Every state requires all drivers to carry auto insurance. And Obamacare now requires everyone to have health insurance. Facing these laws, many people’s first thought is to get the absolute minimum insurance required, in order to save money.
While this may seem like the most fiscally responsible move in the short term, not having more than the minimum insurance coverage could end up costing you later.

Covering More Than Your Car
While terminology and penalties may vary, every state has laws requiring a minimum amount of auto insurance coverage. And of the many different types of coverage available, many of us choose the minimum.
But basic collision coverage may only cover that — collisions — paying just the cost to cover the damage to your vehicle in a car crash. This could leave you on the hook for any personal injuries or property damage from an accident or damage to the car from theft, fire, vandalism, or other random destructive acts like falling tree branches.
There are car insurance policies that will cover all of that and even some that will cover damages from uninsured or underinsured motorists and hit-and-run accidents. While these policies may be more expensive up front, they may come in handy later.
Harboring Your Health
We’ve all been there: presented with 3 (or more) health insurance coverage options, trying to figure out how many prescriptions we may need, or if your dentist is included in the plan. Balancing costs and the likelihood that you’ll need medical attention in the future is a difficult calculus and the threat of fines for not having insurance doesn’t make the decision-making any easier.
Choosing a healthcare plan can seem impossible, but here are a few considerations, according to HealthCare.gov:

Your income, and total family income;
Your overall health, and the health of your family; and
Your average yearly doctor visits, along with prescriptions.
Deciding the amount of insurance coverage that is right for you is a personal decision. But you may want to consult with an experienced insurance attorney if you are faced with a lawsuit or claim based on your insurance.
Related Resources:

Browse Insurance Lawyers by Location (FindLaw Directory)
Injury Claims and Insurance (FindLaw)
Car Accident Liability (FindLaw)
Legal How-To: ‘Signing Up’ for Obamacare (FindLaw’s Law and Daily Life)

Source: Legal Law Firm

Every state requires all drivers to carry auto insurance. And Obamacare now requires everyone to have health insurance. Facing these laws, many people’s first thought is to get the absolute minimum insurance required, in order to save money.
While this may seem like the most fiscally responsible move in the short term, not having more than the minimum insurance coverage could end up costing you later.

Covering More Than Your Car
While terminology and penalties may vary, every state has laws requiring a minimum amount of auto insurance coverage. And of the many different types of coverage available, many of us choose the minimum.
But basic collision coverage may only cover that — collisions — paying just the cost to cover the damage to your vehicle in a car crash. This could leave you on the hook for any personal injuries or property damage from an accident or damage to the car from theft, fire, vandalism, or other random destructive acts like falling tree branches.
There are car insurance policies that will cover all of that and even some that will cover damages from uninsured or underinsured motorists and hit-and-run accidents. While these policies may be more expensive up front, they may come in handy later.
Harboring Your Health
We’ve all been there: presented with 3 (or more) health insurance coverage options, trying to figure out how many prescriptions we may need, or if your dentist is included in the plan. Balancing costs and the likelihood that you’ll need medical attention in the future is a difficult calculus and the threat of fines for not having insurance doesn’t make the decision-making any easier.
Choosing a healthcare plan can seem impossible, but here are a few considerations, according to HealthCare.gov:

Your income, and total family income;
Your overall health, and the health of your family; and
Your average yearly doctor visits, along with prescriptions.
Deciding the amount of insurance coverage that is right for you is a personal decision. But you may want to consult with an experienced insurance attorney if you are faced with a lawsuit or claim based on your insurance.
Related Resources:

Browse Insurance Lawyers by Location (FindLaw Directory)
Injury Claims and Insurance (FindLaw)
Car Accident Liability (FindLaw)
Legal How-To: ‘Signing Up’ for Obamacare (FindLaw’s Law and Daily Life)

Source: Legal Law Firm

Travel is expensive. Why spend money on a hotel if you’re going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers.
However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue?

Personal Injury Lawsuits
Under the principle of premises liability, homeowners, landowners, landlords, Airbnb hosts, are responsible for maintaining a relatively safe environment on their property. For premises owners to be held liable for injuries, you, the plaintiff, must show that the owner created, knew, or should have known about an unsafe condition and negligently failed to correct it, causing your injury.
Airbnb guests would usually be considered invitees, people invited onto property for business reasons. As such, the property owners owe guests the highest degree of care and a duty to take reasonable steps to cure any hazards.
Sue The Biggest Fish
If you’re injured at an Airbnb, you can sue the homeowner or renter, the landlord, or possibly Airbnb. Many times, who gets sued depends on who the plaintiff thinks will actually have money to cover the damages.
Previously, Airbnb disclaimed all liability for injuries occurring at host properties and stated this in their terms of service. So, you would have to seek recovery from your host or his landlord. But some renters who list their rented property may not even have renters insurance. This is why many people would try and sue the landlord. Generally, a landlord has a duty to make his property reasonably safe, even if it’s occupied by a tenant. However, if the renter/Airbnb host is violating his lease by renting it out through Airbnb, the landlord would most likely be off the hook. In addition, depending on the terms, many homeowners and renters insurance policies may not even cover injuries to paying guests.
However, Airbnb’s new Host Protection Insurance may  provide an additional
source of coverage for injury claims. According to the company’s website,
starting January 15, 2015, Airbnb’s new host
protection insurance program  may cover a guest’s injury at a listing during
a stay, provided certain conditions are met. The coverage is for up to $1
million per occurrence, but only kicks in after other available insurance is
used. So if the host and landlord do not have insurance to cover the cost of
your injury, Airbnb’s host protection insurance may cover your claim.
If you’ve been injured in an Airbnb rental or any other property, and need help making a claim, consult with an experienced personal injury attorney.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Can You Really Sue City Hall? (FindLaw’s Injured)
What if I’m Injured Hiking or Camping? (FindLaw’s Injured)
Injured on Someone Else’s Property: Can You Sue? (FindLaw’s Injured)

Source: Legal Law Firm

Travel is expensive. Why spend money on a hotel if you’re going to spend most of your time sightseeing? Airbnb has become a cheaper and more attractive option for many travelers.
However, what happens in the case of an injury? You slip and fall in a hotel, you sue the hotel. If you slip in fall in an Airbnb rental, who do you sue? Can you even sue?

Personal Injury Lawsuits
Under the principle of premises liability, homeowners, landowners, landlords, Airbnb hosts, are responsible for maintaining a relatively safe environment on their property. For premises owners to be held liable for injuries, you, the plaintiff, must show that the owner created, knew, or should have known about an unsafe condition and negligently failed to correct it, causing your injury.
Airbnb guests would usually be considered invitees, people invited onto property for business reasons. As such, the property owners owe guests the highest degree of care and a duty to take reasonable steps to cure any hazards.
Sue The Biggest Fish
If you’re injured at an Airbnb, you can sue the homeowner or renter, the landlord, or possibly Airbnb. Many times, who gets sued depends on who the plaintiff thinks will actually have money to cover the damages.
Previously, Airbnb disclaimed all liability for injuries occurring at host properties and stated this in their terms of service. So, you would have to seek recovery from your host or his landlord. But some renters who list their rented property may not even have renters insurance. This is why many people would try and sue the landlord. Generally, a landlord has a duty to make his property reasonably safe, even if it’s occupied by a tenant. However, if the renter/Airbnb host is violating his lease by renting it out through Airbnb, the landlord would most likely be off the hook. In addition, depending on the terms, many homeowners and renters insurance policies may not even cover injuries to paying guests.
However, Airbnb’s new Host Protection Insurance may  provide an additional
source of coverage for injury claims. According to the company’s website,
starting January 15, 2015, Airbnb’s new host
protection insurance program  may cover a guest’s injury at a listing during
a stay, provided certain conditions are met. The coverage is for up to $1
million per occurrence, but only kicks in after other available insurance is
used. So if the host and landlord do not have insurance to cover the cost of
your injury, Airbnb’s host protection insurance may cover your claim.
If you’ve been injured in an Airbnb rental or any other property, and need help making a claim, consult with an experienced personal injury attorney.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Can You Really Sue City Hall? (FindLaw’s Injured)
What if I’m Injured Hiking or Camping? (FindLaw’s Injured)
Injured on Someone Else’s Property: Can You Sue? (FindLaw’s Injured)

Source: Legal Law Firm

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.
So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable?

On Tour
If you’re injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn’t have a permit to access the tidal pool area where the wave hit, and the teen’s parents sued the company, believing the company’s negligence led to their son’s death.
In order to prove negligence against a hiking or camping tour company, you would need to show that the company owed you a duty of care, that they breached the duty, and that the breach was the proximate (foreseeable) cause of your injuries.
State and National Parks
Most of us will do our hiking and camping in state or national parks, like Yosemite in California, Yellowstone in Wyoming, the Great Smoky Mountains in North Carolina, or Glacier National Park in Montana. National parks are operated and maintained by the National Park Service. So what happens if you’re injured while hiking or camping in a national park?
In general, property owners are responsible for maintaining a safe environment for invitees and must exercise reasonable care for the safety of visitors. However, for a long time government entities were protected under “sovereign immunity,” which prohibited premises liability lawsuits against the government. That changed with the Federal Tort Claims Act which allows injury lawsuits against the federal government.
The FTCA has strict guidelines regarding how a claim against the government can be filed and when. You may want to consult with an experienced injury attorney to make sure you’re complying with any local, state, or federal filing rules.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Yosemite Deaths: How Safe Are National Parks? (FindLaw’s Injured)
Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw’s Injured)
Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird)

Source: Legal Law Firm

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.
So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable?

On Tour
If you’re injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn’t have a permit to access the tidal pool area where the wave hit, and the teen’s parents sued the company, believing the company’s negligence led to their son’s death.
In order to prove negligence against a hiking or camping tour company, you would need to show that the company owed you a duty of care, that they breached the duty, and that the breach was the proximate (foreseeable) cause of your injuries.
State and National Parks
Most of us will do our hiking and camping in state or national parks, like Yosemite in California, Yellowstone in Wyoming, the Great Smoky Mountains in North Carolina, or Glacier National Park in Montana. National parks are operated and maintained by the National Park Service. So what happens if you’re injured while hiking or camping in a national park?
In general, property owners are responsible for maintaining a safe environment for invitees and must exercise reasonable care for the safety of visitors. However, for a long time government entities were protected under “sovereign immunity,” which prohibited premises liability lawsuits against the government. That changed with the Federal Tort Claims Act which allows injury lawsuits against the federal government.
The FTCA has strict guidelines regarding how a claim against the government can be filed and when. You may want to consult with an experienced injury attorney to make sure you’re complying with any local, state, or federal filing rules.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Yosemite Deaths: How Safe Are National Parks? (FindLaw’s Injured)
Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw’s Injured)
Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird)

Source: Legal Law Firm

Prosecutors charged Bumble Bee Foods and two managers after a worker was cooked to death in an industrial oven along with six tons of tuna. Plant Operations Director Angel Rodriguez and former safety manager Saul Florez could face 3 years in prison and the Bumble Bee could pay $1.5 million in fines for violating workplace safety standards.
But what about the family of the man who died, Jose Melena? Does workers’ compensation cover death in the workplace? Or will survivors need to file a wrongful death claim?

Death Benefits
Melena, 62, was killed in 2012 and left behind six children and seven grandchildren. California’s workers’ compensation system, like that in many other states, provides death benefits to spouses, children, or other dependents if an employee dies in a work-related incident.
The state’s Department of Industrial Relations determines the amount based on the number of total and partial dependents and pays benefits on a weekly basis. The statute of limitations on the collection of death benefits is one year. These requirements may be different in other states.
Without knowing how many of Melena’s children remain dependent on his income, it is tough to say how much his family might receive, but the state caps death benefits from workers’ compensation at $320,000.
Wrongful Death
In most cases, employees are prohibited from suing their employers for workplace injuries because they are covered by workers’ compensation insurance. However, if a person dies as a result of someone else’s negligence or misconduct, his or her survivors may be able to file a wrongful death claim.
In order to succeed in a wrongful lawsuit, the survivors must prove:

The death of a person;
Due to another’s negligence; and
The surviving family members have suffered some monetary injury as a result of the death.
In this case, supervisors thought Melena was in the bathroom when in fact he was cleaning the industrial cooker when they filled it with 12,000 pounds of tuna and turned it on. Bumble Bee has already paid nearly $74,000 in fines, and it remains unclear whether Melena’s family has filed a lawsuit against the company.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Bumble Bee Plant Reopens After Worker Killed in Oven; Family Speaks Out (Los Angeles’s ABC7)
Workers’ Comp: What Injuries Are Covered? (FindLaw’s Injured)
Workers’ Compensation Basics (FindLaw)

Source: Legal Law Firm

Prosecutors charged Bumble Bee Foods and two managers after a worker was cooked to death in an industrial oven along with six tons of tuna. Plant Operations Director Angel Rodriguez and former safety manager Saul Florez could face 3 years in prison and the Bumble Bee could pay $1.5 million in fines for violating workplace safety standards.
But what about the family of the man who died, Jose Melena? Does workers’ compensation cover death in the workplace? Or will survivors need to file a wrongful death claim?

Death Benefits
Melena, 62, was killed in 2012 and left behind six children and seven grandchildren. California’s workers’ compensation system, like that in many other states, provides death benefits to spouses, children, or other dependents if an employee dies in a work-related incident.
The state’s Department of Industrial Relations determines the amount based on the number of total and partial dependents and pays benefits on a weekly basis. The statute of limitations on the collection of death benefits is one year. These requirements may be different in other states.
Without knowing how many of Melena’s children remain dependent on his income, it is tough to say how much his family might receive, but the state caps death benefits from workers’ compensation at $320,000.
Wrongful Death
In most cases, employees are prohibited from suing their employers for workplace injuries because they are covered by workers’ compensation insurance. However, if a person dies as a result of someone else’s negligence or misconduct, his or her survivors may be able to file a wrongful death claim.
In order to succeed in a wrongful lawsuit, the survivors must prove:

The death of a person;
Due to another’s negligence; and
The surviving family members have suffered some monetary injury as a result of the death.
In this case, supervisors thought Melena was in the bathroom when in fact he was cleaning the industrial cooker when they filled it with 12,000 pounds of tuna and turned it on. Bumble Bee has already paid nearly $74,000 in fines, and it remains unclear whether Melena’s family has filed a lawsuit against the company.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Bumble Bee Plant Reopens After Worker Killed in Oven; Family Speaks Out (Los Angeles’s ABC7)
Workers’ Comp: What Injuries Are Covered? (FindLaw’s Injured)
Workers’ Compensation Basics (FindLaw)

Source: Legal Law Firm

Have you ever been to San Francisco’s city hall? Like so many across the nation, it’s huge and beautiful. Inside, past security and a dark hallway, you enter into a bright atrium with a grand staircase and a beautiful dome. But let’s say as you walk up the staircase to get your picture taken, you slip on a puddle, fall backwards, bonk your head, and break a leg.
If this happened in a store, you would sue the store owner for your slip and fall. But, can you sue the government for a fall in city hall?

Suing City Hall
The short answer is yes. (And of course, by city hall, we mean essentially any property that is controlled and operated by some sector of government.) The longer answer is more complicated.
Before, most cities, states, and the federal government had sovereign immunities laws that prevented individuals from suing the government for injuries or damages. However, the Federal Tort Claims Act, passed in 1946, allowed private parties to sue the federal government for torts committed by people acting on behalf of the federal government.
Most other states also have passed their own laws that allow people to sue their local government for injuries. Going back to S.F. for a moment, California’s Government Code section 945 states, “A public entity may sue and be sued.” These laws do vary state by state. Some states only allow people to sue if the government was negligent. Some states only allow claims for injuries caused by “special defects” that present unusual and unexpected dangers.
How To Sue
Against any other defendant, you would go straight to court and file a lawsuit. But, the government is a bureaucracy, and bureaucracies love hurdles.
File a Claim First
When trying to get money out of the government, you must first file a claim with the local government entity. Most states and cities have some kind of claim form that you can fill out.
Once you’ve filed a claim, the government will review your claim and either accept it and compensate you for your injury, or deny your claim. If, and only after, your claim is denied, you can file a lawsuit to sue the government.
Statute of Limitation
If you want to file a claim against the government, don’t dawdle. Most states have shorter statutes of limitations on claims against the government. A statute of limitation is a time limit on when you can bring a claim or lawsuit for your injury. In California, you must file a claim with the government within six months of an injury. If your claim is denied, you must file your lawsuit within six months of receiving the denial of claim.
If you’ve been injured by an accident on government property, consult with an experienced personal injury attorney as soon as possible to ensure that your claim is timely and properly filed. Because if you do it right, you can sue city hall. And win.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Injured at School? Can You Sue? (FindLaw’s Injured)
Can You Sue for Injuries in Jail or Prison? (FindLaw’s Injured)
Sue the Government Over Potholes, Salt Damage? (FindLaw’s Injured)

Source: Legal Law Firm

Have you ever been to San Francisco’s city hall? Like so many across the nation, it’s huge and beautiful. Inside, past security and a dark hallway, you enter into a bright atrium with a grand staircase and a beautiful dome. But let’s say as you walk up the staircase to get your picture taken, you slip on a puddle, fall backwards, bonk your head, and break a leg.
If this happened in a store, you would sue the store owner for your slip and fall. But, can you sue the government for a fall in city hall?

Suing City Hall
The short answer is yes. (And of course, by city hall, we mean essentially any property that is controlled and operated by some sector of government.) The longer answer is more complicated.
Before, most cities, states, and the federal government had sovereign immunities laws that prevented individuals from suing the government for injuries or damages. However, the Federal Tort Claims Act, passed in 1946, allowed private parties to sue the federal government for torts committed by people acting on behalf of the federal government.
Most other states also have passed their own laws that allow people to sue their local government for injuries. Going back to S.F. for a moment, California’s Government Code section 945 states, “A public entity may sue and be sued.” These laws do vary state by state. Some states only allow people to sue if the government was negligent. Some states only allow claims for injuries caused by “special defects” that present unusual and unexpected dangers.
How To Sue
Against any other defendant, you would go straight to court and file a lawsuit. But, the government is a bureaucracy, and bureaucracies love hurdles.
File a Claim First
When trying to get money out of the government, you must first file a claim with the local government entity. Most states and cities have some kind of claim form that you can fill out.
Once you’ve filed a claim, the government will review your claim and either accept it and compensate you for your injury, or deny your claim. If, and only after, your claim is denied, you can file a lawsuit to sue the government.
Statute of Limitation
If you want to file a claim against the government, don’t dawdle. Most states have shorter statutes of limitations on claims against the government. A statute of limitation is a time limit on when you can bring a claim or lawsuit for your injury. In California, you must file a claim with the government within six months of an injury. If your claim is denied, you must file your lawsuit within six months of receiving the denial of claim.
If you’ve been injured by an accident on government property, consult with an experienced personal injury attorney as soon as possible to ensure that your claim is timely and properly filed. Because if you do it right, you can sue city hall. And win.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Injured at School? Can You Sue? (FindLaw’s Injured)
Can You Sue for Injuries in Jail or Prison? (FindLaw’s Injured)
Sue the Government Over Potholes, Salt Damage? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve got questions … we’ve got answers. If you have not yet asked or answered a
question in FindLaw’s Answers community, what are you waiting for? This amazing free resource
supports a dynamic community of legal consumers and attorneys helping each
other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look
at some recent questions relating to injuries, accident, and torts from our
FindLaw Answers boards.

My neighbor and I aren’t on the best of
terms (we’ve had to complain several times about his late-night parties). Last
week, I fell down the stairs of my apartment complex and ended up breaking my
leg and hip. My neighbor saw me fall from across the courtyard, but just walked
away! Even after I yelled for help and asked him to call 911! It took two hours
for someone to finally walk by and call for help. Can I sue my neighbor for the
pain and suffering I endured during those two hours I had to wait for help?

Wow, this poster’s neighbor certainly won’t be winning the
“neighbor of the year” award anytime soon! As crazy as it sounds, the general
legal rule is: people don’t have a duty to help or assist another person
that is injured or in danger. This legal rule was created to address potential
liability issues that make come up if someone were to help an injured person. What if the rescuing person
actually made the injury worse? Is it fair to punish someone for being a Good
Samaritan? The courts wanted to make a black-and-white rule, so they decided
not to create a duty
to rescue at all.

So unfortunately for this poster, he or she probably won’t
be able to sue the neighbor for failing to help. Of course there are always
exceptions. One such exception might apply if the neighbor created the
condition that caused the injury (e.g. as a prank, the neighbor left something
right outside the poster’s front door, ultimately causing the fall down the
stairs). The Answers Community ended up advising the poster to talk to an experienced personal injury attorney to discuss the case and determine whether the landlord might actually be liable for the injuries.I slipped and fell on some water in the
middle of a grocery store aisle. There was no sign warning about the wet floor,
so I feel like the store is responsible for my injuries. What are my next
steps?

Whether this poster has a strong slip-and-fall
case against the grocery store, depends on the specific facts of the
situation. The burden of proof is on the poster to prove that the store knew or
should have known that the water might cause a fall. An experienced personal injury
attorney would assess the grocery store’s liability in light of several
factors, including:

How the water got to be on the floor (e.g. did someone
spill the water, or was the water set to over-spray in the produce aisle?);How long the water had been on the floor?Whether the store was on notice that there was
water on the floor? Whether the store should have been on notice that there was water on the floor?

In addition to contacting an attorney, the poster was also
advised to collect and document evidence as soon as possible. This would include taking
pictures at the scene of the accident, taking pictures of the injury, and
making an appointment to see a doctor. Well-organized documentation will not
only help the doctor make an accurate diagnosis, it will also strengthen
a case during settlement negotiations and/or during trial.Got a question of your own? Be sure to ask our Answers Community for their suggestions. It is easy to do and a good way to get a start on finding any legal help you might need. Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)When Is It Too Late to Sue for Injury? (FindLaw’s Injured)Slip-and-Fall: Do You Have a Case? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve got questions … we’ve got answers. If you have not yet asked or answered a
question in FindLaw’s Answers community, what are you waiting for? This amazing free resource
supports a dynamic community of legal consumers and attorneys helping each
other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look
at some recent questions relating to injuries, accident, and torts from our
FindLaw Answers boards.

My neighbor and I aren’t on the best of
terms (we’ve had to complain several times about his late-night parties). Last
week, I fell down the stairs of my apartment complex and ended up breaking my
leg and hip. My neighbor saw me fall from across the courtyard, but just walked
away! Even after I yelled for help and asked him to call 911! It took two hours
for someone to finally walk by and call for help. Can I sue my neighbor for the
pain and suffering I endured during those two hours I had to wait for help?

Wow, this poster’s neighbor certainly won’t be winning the
“neighbor of the year” award anytime soon! As crazy as it sounds, the general
legal rule is: people don’t have a duty to help or assist another person
that is injured or in danger. This legal rule was created to address potential
liability issues that make come up if someone were to help an injured person. What if the rescuing person
actually made the injury worse? Is it fair to punish someone for being a Good
Samaritan? The courts wanted to make a black-and-white rule, so they decided
not to create a duty
to rescue at all.

So unfortunately for this poster, he or she probably won’t
be able to sue the neighbor for failing to help. Of course there are always
exceptions. One such exception might apply if the neighbor created the
condition that caused the injury (e.g. as a prank, the neighbor left something
right outside the poster’s front door, ultimately causing the fall down the
stairs). The Answers Community ended up advising the poster to talk to an experienced personal injury attorney to discuss the case and determine whether the landlord might actually be liable for the injuries.I slipped and fell on some water in the
middle of a grocery store aisle. There was no sign warning about the wet floor,
so I feel like the store is responsible for my injuries. What are my next
steps?

Whether this poster has a strong slip-and-fall
case against the grocery store, depends on the specific facts of the
situation. The burden of proof is on the poster to prove that the store knew or
should have known that the water might cause a fall. An experienced personal injury
attorney would assess the grocery store’s liability in light of several
factors, including:

How the water got to be on the floor (e.g. did someone
spill the water, or was the water set to over-spray in the produce aisle?);How long the water had been on the floor?Whether the store was on notice that there was
water on the floor? Whether the store should have been on notice that there was water on the floor?

In addition to contacting an attorney, the poster was also
advised to collect and document evidence as soon as possible. This would include taking
pictures at the scene of the accident, taking pictures of the injury, and
making an appointment to see a doctor. Well-organized documentation will not
only help the doctor make an accurate diagnosis, it will also strengthen
a case during settlement negotiations and/or during trial.Got a question of your own? Be sure to ask our Answers Community for their suggestions. It is easy to do and a good way to get a start on finding any legal help you might need. Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)When Is It Too Late to Sue for Injury? (FindLaw’s Injured)Slip-and-Fall: Do You Have a Case? (FindLaw’s Injured)

Source: Legal Law Firm