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‘Dialing While Driving’ Is Landing People
in Court |
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Most people believe that driving while talking on a
cell phone is dangerous –– and now people who have their phone to
their ear instead of their eyes on the road are starting to be held
liable in court.
A driver in Iowa who struck a pregnant woman while
talking on the phone in an SUV settled a lawsuit for almost
$200,000. And the state of Hawaii recently agreed to pay $1.5
million after a state employee talking on a cell phone ran down a
tourist.
In Virginia, a law firm is being sued for $30
million because a lawyer hit someone while making a call. The lawyer
was driving home about 10:30 p.m. and struck and killed a
15-year-old pedestrian.
Over 90 percent of Americans believe using cell
phones while driving increases the likelihood of an accident,
according to a recent study by the Insurance Research Council.
That’s backed up by scientific evidence, including a 1997 study in
The New England Journal of Medicine that found that drivers talking
on a cell phone run quadruple the risk of a crash.
New York recently became the first state to ban
hand-held cell phones while driving.
Some companies have started adopting "cell phone
safety" policies for their employees. |
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These policies might ban all work-related cell
phone calls while driving, or they might simply instruct employees
to use caution and to pull over if they are involved in an intense
conversation.
Of course, many businesses have benefited greatly
from employees who turn their car into an office and get work done
during their commute. But it appears the threat of lawsuits is
causing some of these businesses to look more closely after the
safety of their employees and others on the road.
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High-Stacked Merchandise in Warehouse
Stores Can Cause Serious Injuries |
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Wal-Mart, Home Depot and other stores save enormous
amounts of money by doing away with warehouses and simply stacking
their merchandise high above the aisles. The only problem is that
sometimes this merchandise falls on unwary customers.
There have been tens of thousands of such accidents
over the past decade. While most of them don’t result in serious
injuries, some do.
A 150-pound hot water heater fell off a 16-foot
shelf at a Home Depot in Boise, Idaho, and struck a pregnant woman
in the head. Some 3,000 pounds of asphalt roofing shingles fell on a
man at a Home |
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Depot in Las Vegas. In Colorado, a seven-pound
box fell on a woman at a Kmart, but that was enough to require
surgery for a head injury.
Wal-Mart recently paid over $11 million to end a
lawsuit brought by a man who was knocked unconscious by falling
boxes and suffered brain damage.
Stores often blame the victim or other customers for
causing the accidents, but others say that the stores are courting
disaster by stocking heavy merchandise high above customers’ heads
without proper restraints.
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Doctor Is Liable for Not Giving Elderly Man
Enough Painkillers |
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For the first time in history, a doctor has been
held liable for not prescribing adequate medication for pain.
A California jury awarded $1.5 million to the family
of an 85-year-old man whose doctor didn’t give him enough
painkillers over a few days as he lay dying of lung cancer.
The man’s family claimed the doctor gave him Demerol
instead of high-powered morphine even though he was in agonizing
pain. The family also claimed the doctor gave him painkillers only
when he complained, and didn’t consult the patient or his family
about their options regarding pain medication.
Some experts say that lack of pain medication is a
widespread problem. A |
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study in the Journal of the American Medical
Association found that 40 percent of nursing home patients with
acute or chronic pain are not getting relief.
One reason for this is that in the past, many
doctors were disciplined for overprescribing pain medication and
creating a risk that the patient would become addicted.
But in the last 10 years, scientific studies have
shown it is generally better to treat the pain and that addiction
rarely happens, especially when the patient is terminally ill.
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Should Gun Makers Be Liable for Injuries
From Violent Crime? |
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Gun manufacturers who market their products
irresponsibly can be held liable for violent crimes that result from
the use of the guns.
That’s the word from the Illinois Court of Appeals,
which allowed the families of five people who were shot and killed
by juveniles in Chicago to sue the gun makers.
The court said the families could sue for a "public
nuisance." A public nuisance is an unreasonable interference with a
right of the general public.
The families claimed that the victims had a right to
use the streets of Chicago without fear of injury. They said the gun
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makers and distributors violated this right by
selling the guns in ways they knew would result in criminal misuse.
They also claimed the makers failed to regulate
retailers they knew were irresponsible, created an underground
market for their guns, and flooded the area around Chicago with
guns, knowing the guns would wind up being brought into Chicago
illegally.
This isn’t the first suit of its kind. Similar suits
were rejected by the California Supreme Court and by a federal
appeals court in Philadelphia, so it remains to be seen what courts
in the rest of the country will say.
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Toxic Mold in Buildings Is Making People
Sick |
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"Toxic mold" in buildings is causing disease, and
people are suing over it.
Anytime there is water penetration in a building,
there is the potential for mold. Exposure to mold can cause
respiratory problems, skin rashes and headaches. In some cases, it
can cause lung disease, memory loss and even brain damage.
As a result of mold, people are bringing legal
claims against builders, contractors, architects, building owners,
building managers, employers and insurance companies.
A judge in Texas recently upheld a $32 million
verdict against an insurance company that failed to repair a
plumbing leak that caused mold to spread. A similar case in
California resulted in an $18 million verdict, although it was later
reduced to $2.5 million and is on appeal.
In Martin County, Fla., a moldy courthouse made
employees sick. The |
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builders were hit with an $11.5 million
verdict.
A number of claims have been brought by people whose
homes were built with synthetic stucco. This material consists of a
layer of styrofoam nailed or glued to the exterior plywood, then a
layer of fiberglass mesh covered with a base coat and topped with a
finish coat.
Synthetic stucco is comparable in price to real
stucco, and it provides better insulation and is more
crack-resistant. The problem is that if water gets behind the
styrofoam layer, it has nowhere to go and ends up rotting the
plywood and studs behind it, often resulting in mold problems.
It’s expected that mold claims will become much more
frequent as more becomes known about the causes and effects of
different kinds of mold.
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Lying About Someone On the Web Is Not Okay
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Some people believe the Internet is like the Wild
West, and that you can say anything you want about anyone without
getting in trouble. But that’s not true.
The Internet is no different from a newspaper or
other publication. If someone posts something on the Internet that’s
false and derogatory, they can be sued for it.
In the first such case to go to trial, a jury in
Santa Clara, Calif., recently awarded $775,000 in damages for a
"cybersmear."
The case involved two ex-employees who posted more
than 14,000 messages over three years, many of them claiming |
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that their former bosses were incompetent, had
extramarital affairs, had mental problems, and videotaped company
bathrooms.
The ex-employees claimed they were protected by the
right to "free speech" in the First Amendment. But while the First
Amendment protects honest expressions of opinion, it doesn’t protect
people who lie in order to damage someone’s reputation.
The verdict shows that this principle holds true
regardless of whether you attack someone in a newspaper or in a chat
room.
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Botched Laser Eye Surgery Can Cause Serious
Problems |
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Laser eye surgery to correct vision seems like a
great idea, and in most cases people are happy with the result --
but in a growing number of cases, patients say the surgery was done
improperly and left them with permanent vision problems.
The surgery is remarkably profitable for providers,
who typically charge $1,000 to $5,000 for a procedure that takes
less time than a haircut. As a result, some providers are
encouraging people to have the surgery without properly screening
out those who aren’t good candidates.
People aren’t good candidates for the surgery if
their pupils are larger than a certain size, for instance, or if
they have irregular astigmatism, distortion of the |
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cornea, glaucoma, cataracts or certain
diabetic conditions.
Mistakes in the surgery can result in vision
problems such as "halos" and "starbursts" around bright objects,
double vision, glare, loss of contrast sensitivity, and compromised
depth perception.
With more than a million laser eye surgeries being
performed each year, it’s expected that the number of complaints
will grow. Recent court cases have included a $1.7 million verdict
in Kentucky and a $1 million settlement in North Carolina for
patients who ended up requiring cornea transplants, a $1.2 million
verdict in Buffalo, N.Y., to a patient whose eye was sliced by a
laser.
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Compulsive Gamblers Turn the Tables on
Casinos |
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Casinos have often been criticized for taking
advantage of compulsive gamblers. So some of them have started to do
something about it. They’ve started programs where gamblers can ask
them not to send them promotional literature or "freebies" that
could tempt them into returning to a bad habit.
That’s great –– but what if the casino doesn’t live
up to its end of the bargain, and starts targeting the gambler
anyway?
In two recent cases, the gamblers sued the casinos
for breaking their word. |
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The casinos settled for a confidential amount.
Both cases arose in Louisiana.
In one case, a former Louisiana Tech football star
claimed that even though he asked the casino to leave him alone,
casino executives approached him at times when he was vulnerable ––
in one case, at his mother’s funeral.
Ordinarily, you can’t sue a casino for taking your
money if you lose. But these cases were different because the
casinos weren’t being sued for accepting a wager; they were being
sued for breaking a promise.
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This newsletter is designed to keep you
up-to-date with changes in the law. For help with these or any other
legal issues, please call our firm today.
The information in this newsletter is intended
solely for your information. It does not constitute legal advice,
and it should not be relied on without a discussion of your specific
situation with an attorney.
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