Seattle Personal Injury Lawyer - Property Owner's Liability (Slip & Fall) - Most Commented

Injuries On The Reservation – Do The Tribes Have A Dog In The Fight?

Michael Myers — Wed, 28 Jul 2010 12:13:54 GMT

Indian casinos punctuate Washington’s landscape. A quick glance into the rearview mirror while driving along any interstate or highway shows a backdrop of brightly lit buildings advertising slots and tables.

As tribes built casinos in the 1990s I assumed that it didn’t make sense to pursue personal injury claims against the Indians. After all, all personal injury claims must be filed in tribal court on the reservation. It seemed like there would be a strong bias against plaintiffs, a bias not based on race, but rather the personal injury plaintiff’s desire to take some of the tribe’s money.

My initial assumption proved incorrect. Despite being major economic players, the tribes do not self-insure. Like most businesses they carry policies of insurance. Payments made to injured visitors, particularly non-tribal members injured in the casinos, come from their insurance carriers.

The fact that payment isn’t coming straight out of the tribes’ accounts goes a long way toward eliminating the bias and self-interest that caused so much initial concern. The tribes have a strong cultural sense of hospitality and want to make sure guests are treated fairly and with respect. If there is negligence, the tribal court will make sure injured guests are treated fairly.

Because the tribes are not paying out of pocket, these claims are definitely worth pursuing. This is particularly true when the injury takes place at a casino owned by a tribe that has adopted or turns to guidance from the Washington State Court Rules or the Federal Rules of Civil Procedure.

All that being said, I think it’s important to end with a cautionary note: Tribes are not subject to the three year statute of limitations that applies to most tort claims in the state of Washington. Because they are effectively sovereign nations, tribes are allowed to enact any statute of limitation they want. These limitation periods certainly can be less than three years and in some cases as short as sixty days. It’s important not to delay when an injury occurs on Indian Land.

Originally posted at InjuryBoard by Michael Myers

Sidewalks and Stub-Toes

Michael Myers — Mon, 04 Oct 2010 17:02:33 GMT

Sidewalks are a big part of American life. They evoke images of neighborhoods, kids riding their bikes and walking from one place to another (instead of driving).

Sidewalks, however, are not without their drawbacks. Seattle must have some of the most dilapidated sidewalks in the nation. One of the primary obstacles is the stub-toe.

A stub-toe is created when one section of sidewalk settles or another is pushed up, usually by roots. Seattle sidewalks are punctuated with stub-toes.

Both the City and the adjoining property owners are responsible for sidewalk maintenance. They have to make sure sidewalks are not unreasonably dangerous.

Stub-toes are not hard to fix. But apparently neither the City nor property owners view them as a priority. As a result a lot of people trip on stub-toes and get hurt.

In trip and fall lawsuits, defendants try to make the rules up as they go. Fortunately when it comes to stub-toes they’re constrained by a set of very stringent standards.

American Society of Testing Materials (ASTM) Standard Practice for Safe Walking Surfaces (ASTM F 1637-02) has specific requirements for sidewalks including:

- Changes in sidewalk levels between 1/4 and 1/2 inch shall be beveled with a slope no greater than 1:2 (rise:run)

- Changes in levels greater than 1/2 inch shall be transitioned by means of a ramp or stairway that complies with applicable building codes, regulations, standards, ordinances, or all of these.

The ASTM cuts property owners very little slack for stub-toes. That makes sense. They present a significant hazard to pedestrians and can be easily fixed.

Originally posted at InjuryBoard by Michael Myers

Lawsuit Over Taser Use on Epileptic Settles for $90,000

Jenny Albano — Wed, 23 Jan 2008 18:55:37 GMT

A lawsuit for tasing and punching a man who had just had an epileptic seizure has been settled for $90,000. In addition, the settlement mentioned a new policy on Taser use in Lakewood in the $300,000 lawsuit brought against the municipality, the police department, Chief Larry Saunders and four other officers.

According to Lt. David B. Guttu, the Taser policy changes listed in the settlement were not a direct result of the case. Under the new policy officers have to consider whether someone might have a medical condition, such as multiple sclerosis, muscular dystrophy or epilepsy, before using a taser on the person.

The case arose after Grider, 63, had a seizure and passed out at the auto parts store where he worked as a clerk. A co-worker called 911, an emergency medical crew was dispatched and the medics requested police aid, saying Grider had regained consciousness and was aggressive and threatening, according to a report by Officer Reynaldo Z. Punzalan.

The police report stated that Grider wouldn't let the medics check him and resisted when the police officers tried to calm him and tell him he needed medical attention. He also continued to resist when he was stunned with a few 50,000 volt bursts. After this, Punzalan punched Grider in the face, handcuffed him, and had medics take him to the hospital. No criminal charges were filed against either party.

Grider claims that he told medics he didn't need to go to the hospital and had made plans to get a ride home. He stated that he had seizures occasionally that he quickly recovered from without problems and did not need medical care.

But according to a police report, "Fire Department personnel told us they have dealt with Grider before, and he got very violent that time as well ... they also told us he had to get medical help."

Hostile behavior is not unusual when someone is recovering from a seizure, according to an Epilepsy Foundation report entitled Inappropriate Response to Seizures. "Accordingly, restraint of persons soon after a seizure may exacerbate or precipitate combativeness the opposite of the intended result," according to the report.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Breach of Trust and Confidence

Michael Myers — Tue, 04 Dec 2007 10:05:59 GMT

A female patient of Dr. Chris Woodja, a dentist who practiced in the Shoreline area, was found heavily drugged and half-naked in his office on October 17th.

The patient had come in for treatment of an abscessed tooth. Reportedly, Woodja had contacted the patient's roommates prior to the appointment and requested that the patient bring "the additional four tablets of Triazolam" he had prescribed to the office. Triazolam is a sedative.

When the patient's roommates arrived at the office to take her home they observed her wandering around in only a tank top and clearly drugged.

She was so over-medicated that she doesn't remember anything of the incident. She was taken to Harborview Medical Center for treatment.

In 1999 Dr. Chris Wodja was charged with misdemeanor assault and battery of a 16-year old girl.

This case bears a striking resemblance to the cases we're handling for former patients/clients of Drs. Greenberg and Kamson. It's difficult to imagine a situation more egregious than when a physician or other doctor takes advantage of the trust and confidence put in him and misuses that trust and confidence to gratify his prurient sexual desires or financial avarice.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Michael Myers

Gig Harbor Woman Mauled in Pit Bull Attack

Mark McLean — Fri, 24 Aug 2007 13:39:27 GMT

Sue Ann Gorman of Gig Harbor was mauled by two pit bulls in her home Tuesday morning. The pit bulls entered the house through an unsecured pet door in Ms. Gorman's home. Ms. Gorman was sleeping beside her neighbor's Jack Russell Terrier, Romeo. Romeo was killed and Ms. Gorman was severely injured in the attack.

She said she tried to protect Romeo and, in doing so, suffered wounds that will require multiple surgeries.

The pit bulls were owned by another of Ms. Gorman's neighbors. Apparently, this was not the first of the pit bulls' attacks.

Under Washington law, dog owners are strictly liable for injuries caused by pets. Also, the Washington legislature intelligently abolished the antiquated law that "every dog gets one free bite." Liability for a dog attack is often covered under the owner's homeowner's insurance policy--which would help victims of such attacks recover on a potential judgment or settlement.

Originally posted at InjuryBoard by Mark McLean

Court of Appeals Dismisses Jury Award Because Case Brought Too Late

Mark McLean — Fri, 17 Aug 2007 08:04:17 GMT

The United States Court of Appeals for the Ninth Circuit recently tossed out a jury verdict awarding a cancer victim $300,000. The victim won her lawsuit alleging that the radiation she was exposed to at Hanford Nuclear Reserve caused her cancer. The Court of Appeals tossed out the verdict because it was not brought within the mandatory statute of limitations (the time period one has to bring a claim, or it becomes barred).

"A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said a lower court erred in its ruling because plaintiff Gloria Wise's case fell outside the statute of limitations."

This is another unfortunate example of how--if you have a personal injury claim--you should be speaking with an attorney right away. Sitting on legal rights has disastrous consequences. Evidence fades away. Facts become harder to prove. Most importantly, the claim could lapse and become barred.

For more information on this subject matter, please refer to the section on Premises Liability.

Originally posted at InjuryBoard by Mark McLean

Mercer Island Priest Accused of Inappropriate Conduct

Mark McLean — Mon, 06 Aug 2007 14:21:45 GMT

Father Dennis Kemp, Pastor at St. Monica's Church on Mercer Island, has been suspended during the pendency of an investigation into allegations of inappropriate conduct with a minor. Details surrounding the allegations have not been released and the King County Prosecutors' Office has declined to press charges.

It appears that Father Kemp will not face criminal charges for the alleged conduct. However, he still could be liable in a civil lawsuit if the victim can prove that the inappropriate activity occurred. In criminal cases, the state must prove its case "beyond a reasonable doubt." However, in most civil cases, the plaintiff only needs to show the truth of the allegations by a "preponderance of the evidence"--which means more likely than not. Just because someone isn't prosecuted criminally doesn't mean they aren't still liable in the civil context.

Originally posted at InjuryBoard by Mark McLean

Home Depot Faces Lawsuit for Injuries Suffered from 600 Pound Box

Mark McLean — Mon, 06 Aug 2007 11:12:05 GMT

Home Depot could be held liable to a Louisiana couple for injuries the wife suffered when she was struck by a 600-pound box that fell from one of the store's shelves.

A Louisiana couple has hit Home Depot Inc. with a lawsuit, asking the court to hold the home improvement giant accountable for the substantial injuries the wife allegedly sustained after being hit by a 600 pound box that fell from one of the store's highest shelves.

A store which welcomes customers for commercial gain is held to the "business invitee" standard of care to prevent negligent acts (which is higher than the ordinary negligence standard). Understandably so, businesses who invite the public onto its premises for profit (like Home Depot here) are required to take extra measures to protect customers. And companies are held liable for failing to do so.

Originally posted at InjuryBoard by Mark McLean

Australian Official Recommends Criminal Charges in Cruise Ship Rape and Death

Mark McLean — Tue, 31 Jul 2007 10:11:22 GMT

The 2002 rape and eventual killing of a cruise ship patron has led Australian officials to recommend criminal charges. Dianne Brimble died after a fellow cruise patron slipped her "Fantasy", a date rape drug.

P & O Cruises, associated with Carnival Cruise Line, apologized to the woman's family.

Our responsibility is to create an environment onboard our ships where we do all we can to make sure people are safe, that behaviour is appropriate and our passengers enjoy their holiday. Our next concern is how we respond if people don't behave appropriately, regardless of what we do to try to prevent such behaviour.

As P & O admits, cruise lines have a "responsibility" for the safety of their passengers. Failing to adequately protect passengers, even from one another, fails to meet this responsibility. P & O's apology to the woman's family shows that greater steps need to be taken by cruise lines to ensure passenger safety and that cruises should be held liable for failing to take those necessary steps.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Mark McLean

License Suspended for Psychologist Accused of Voyeurism

Mark McLean — Tue, 24 Jul 2007 13:13:26 GMT

The Washington State Department of Health suspended Seattle Psychologist Stuart Greenberg's license to practice after allegations that he videotaped his patients and employees using the bathroom recently.

State regulators suspended the license of veteran Seattle psychologist Stuart Greenberg on Thursday over accusations that he videotaped women using his office bathroom.

Greenberg faces criminal charges. But he could also be subject to civil liability to the victims of his voyeurism. A number of legal theories allow victims of this type of behavior redress.

Originally posted at InjuryBoard by Mark McLean