Injured

Beer Pong Lawsuit Tossed Out by NY Judge

2012-02-09T13:02:40Z

A New Jersey man's beer pong lawsuit was tossed out by a New York judge. Alan Berger was 22 when he went to Wicked Willy's. At that bar, he played lots of beer pong.

Beer pong is a drinking game. The goal is to bounce ping pong balls into cups containing beer. If the ball lands in a cup, your opponent must drink the cup's contents.

Berger ended up quite inebriated. He took a bus home, but was subsequently hit by a car when he tried to cross a highway.

He sustained numerous injuries. He broke his hip, leg, and foot. He tore his knees. He also lacerated his kidney, according to the New York Post. That's why he filed suit against the bar.

He claimed the bar should have monitored its patrons. And that its employees should have ensured none of the guests got too drunk.

The judge threw out Berger's case partly because she concluded that he was playing the game at his own risk. And New York state law provides for liability in cases where drunk patrons injure others -- not themselves.

These types of laws are on the books of many different states. Often called "dram shop" laws, they provide recourse against bars and alcohol retailers for victims of drunk driving or injuries caused by inebriated individuals. Around 43 states currently have some type of dram shop law in place.

These suits can be difficult to win in certain situations. Sometimes plaintiffs will need to prove that the bar owner or alcohol retailer was at fault. This can be difficult as it is not always easy to tell if someone has a low tolerance, or if they even drove to the establishment.

Even though Berger's beer pong lawsuit met an untimely end, his attorney Michael Wiseberg hasn't given up. He plans to request that the judge reconsider her decision, according to the New York Post.

Related Resources:

Drunk Beer Pong "Winner" Tries To Sue Bar After Getting Run Over (Gothamist)
Dram Shop Laws (FindLaw)
Dram Shop Law: Liability and the Alcohol Seller (FindLaw's Injured)
Social Host Liability Extended to Business Functions? (FindLaw's Decided)

DVT Study May Clot 'Economy Class' Lawsuits

2012-02-08T13:02:47Z

Staying seated on long plane flights may be hazardous to your health, according to a new study that seems to debunk some claims in so-called "economy class syndrome" lawsuits.

The study and the lawsuits involve deep vein thrombosis, or DVT -- when a blood clot forms in a vein, usually in the legs, and causes painful swelling. The clot can dislodge, block blood flow to vital organs, and can even lead to death, according to the National Institutes of Health.

Passengers who develop DVT on plane flights have sued airlines for negligence, as ABC News has reported. But the DVT study partly debunks some key arguments for "economy class syndrome," and lawyers and passengers may want to take note.

"Economy class syndrome" lawsuits generally accuse an airline of negligence based on two theories:

The airline knew about the risk of DVT, but failed to tell passengers to get up and move around to reduce the risk of blood clots, and
The airline knew that cramming seats into the economy cabin would reduce leg room and increase passengers' risk of developing blood clots.

The DVT study, published in the medical journal Chest, seems to debunk the economy-class leg room argument. The study found no difference in DVT rates between first- and economy-class passengers, Fox News reports.

It's not leg room, but rather the act of remaining seated that increases the risk for deadly blood clots, the study found. Sitting on long flights of eight hours or more also increases the risk of developing DVT; a passenger's age, obesity, and medical history are other factors.

Passengers in window seats are at the highest risk, because they're less likely to get up and move around, the study's authors said. (Perhaps we'll be seeing a new rash of "window seat syndrome" lawsuits?)

But there is a silver lining in the DVT study, conducted by researchers at McMaster University in Canada: Plane passengers can reduce their risk of developing blood clots simply by getting up, walking around, and stretching their calf muscles.

Related Resources:

No Clots in Coach? Debunking 'Economy Class Syndrome' (Time)
A Domestic Passenger's Deep Vein Thrombosis Claims Are Federally Preempted, the Fifth Circuit Court of Appeals Rules (FindLaw)
Browse Personal Injury Lawyers by Location (FindLaw)
Passenger Bill of Rights Doesn't Allow You to Sue Airlines (FindLaw's Common Law)

Denver Suncor Employees Could Sue Over Benzene

2012-02-07T15:04:50Z

Denver-area refinery Suncor's benzene problems have some employees worried. The Suncor refinery's water may have been contaminated with a potentially carcinogenic substance.

Small amounts of benzene were detected in two faucets in the facility. The other faucets were determined to be clean.

The problem may have spread to areas even outside the refinery. The contaminants may have seeped underground. Tests indicated high benzene levels of 48 times the limit some nearby waterways.

More than 500 workers at the Suncor refinery have had their blood tested. At this point it's unclear how long benzene has been in the drinking water.

The problem was discovered when an employee smelled something strange when using a faucet in late December. The company then launched an investigation.

Benzene can be dangerous. The most harmful impact of benzene can be on an individual's blood. Those who are exposed could develop anemia. Exposure to high levels of the substance in the air can also cause leukemia.

Employees may start contacting Denver personal injury attorneys soon. It's possible they could file lawsuits seeking damages stemming from the benzene leak. If the refinery is found responsible, it could be liable.

For example, if investigation reveals that the refinery did not take proper safety precautions to limit benzene exposure. Or, if the leak was the result of some intentional act by the company.

So far there is no indication that Suncor's benzene leak stemmed from the refinery's operations. Suncor refinery's water contamination problem does have some employees worried. The company has brought in temporary water supplies, according to KMGH-TV. The company earlier indicated they were unsure if any workers were contaminated.

Related Resources:

Benzene FAQ (FindLaw)
Benzene: What to do After Benzene Exposure? (FindLaw's Injured)
Ill. Benzene Lawsuit Targets Shell Oil Spill (FindLaw's Injured)
$10B Lawsuit Against BP Over TX Refinery Emissions (FindLaw's Injured)

FL Man Adopts Adult Girlfriend, 42, to Shield Assets?

2012-02-06T13:03:33Z

Adopting an adult is something individuals do out of maternal or paternal love. But the Florida man who adopted his girlfriend probably did so for financial reasons.

Goodman, 48, adopted his 42-year-old girlfriend Heather Laruso Hutchins.

Plaintiff's attorneys say that Goodman made the unprecedented move in order to shield his assets from potential liability.

John Goodman, a Florida businessman, was being sued by the parents of Scott Patrick. Goodman allegedly ran through a stop sign, hitting a car driven by Patrick. Patrick died in the crash. Several hours after the incident Goodman's blood-alcohol level tested more than twice the legal limit, according to the Palm Beach Post.

Patrick's parents filed the wrongful death suit against Goodman. If they prevail he may be on the hook for thousands of dollars of damages.

Damages vary in wrongful death suits. Oftentimes the deceased individual's age, life expectancy, intelligence, and health will all be factors. The decedent's potential earning capacity will be considered.

That might be why Goodman decided to undertake the adoption.

Goodman has a trust set up for his two minor children, reports the Post. A judge earlier ruled that the money in the trust could not be used to determine Goodman's financial worth. By adopting his girlfriend as his daughter, Goodman is essentially giving her a 1/3 stake in the trust money.

This means that Goodman could tell her to remove some money from the trust, according to the Post.

Adopting an adult is allowed in most states. But typically men don't adopt their girlfriends. It's unclear if Goodman's actions will have ramifications on the civil case. He is also facing criminal charges stemming from the incident. If convicted, he could spend upwards of 30 years in prison, reports the Post.

Related Resources:

Gross! Florida man legally adopts 42-year-old girlfriend (New York Daily News)
Wrongful Death - Overview (FindLaw)
Can You Legally Adopt an Adult? (FindLaw's Law & Daily Life)
'Ultimate Power Meal' Sued for Wrongful Death (FindLaw's Injured)

Southwest Plane Hits Light Pole in Denver

2012-02-03T15:01:13Z

A Southwest plane hit a light pole at Denver International Airport earlier this week. The minor Southwest accident did not result in any injuries. But it did lead many to wonder how it happened.

The plane was taxiing to its intended gate when it hit the errant light pole. The wing was damaged, and the pole itself collapsed. There were 89 passengers and 5 crew members on board at the time.

There were no reported injuries. However, as a precaution the airport sent out buses to shuttle passengers and crew to the terminal, according to KMGH-TV.

Southwest says it is working with the FAA and the NTSB to sort out what happened.

Aviation safety consultant Steve Cowell told KMGH-TV that light poles at airports are meant to collapse after getting hit. He said that the accident was not too major.

No other flights were impacted by the Southwest snafu.

It's a lucky break for Southwest. The company may be able to avoid the ire of a Denver personal injury lawyer since no passengers or crew were hurt.

If injuries had occurred it's likely that hurt individuals could have sued. They may then need to prove that the accident was the result of the pilot's negligence. They could have asked for compensation from the airline. Damages could have encompassed their medical bills and lost wages depending on the severity of their injuries.

There has been no word that anybody plans to sue the airline over its embarrassing runway mishap. It seems for now the Southwest "accident" won't generate litigation -- but it does provide some bad publicity. No airline wants to see "Southwest Plane Hits a Light Pole" as a headline.

Related Resources:

Southwest Plane Hits Light Pole at Denver Airport (AP)
In-Flight Injuries on Airplanes (FindLaw)
Model's Hand Cut Off by Small Plane Propeller (FindLaw's Injured)
30 Injured in United Airlines Flight Turbulence (FindLaw's Injured)

Pfizer to Face Defective Birth Control Lawsuits?

2012-02-03T13:02:08Z

A nationwide Pfizer birth-control recall, announced Feb. 1, could lead to lawsuits for unwanted pregnancies, legal experts say. Payouts could be huge.

Pfizer recalled about 1 million packets of birth-control pills because of a mix-up that could lead to unwanted pregnancies. The recalled products -- Lo/Ovral-28 and generic Norgestrel/Ethinyl Estradiol -- may not contain enough contraceptive to be effective, the Associated Press reports.

There are no health risks linked to the mix-up, Pfizer says. But some litigation attorneys foresee lawsuits linked to unexpected pregnancies that could net millions of dollars in damages.

"I think you potentially may see some very significant verdicts [if a woman gets pregnant]," New Jersey attorney Greg Gianforcaro told Fox News, "because in essence a person takes birth control pills so they don't have to address issues that -- as a result of the pill not working -- they're now going to have to address."

Potential Pfizer birth-control lawsuits could be similar to botched vasectomy lawsuits in which women sued after becoming pregnant, Gianforcaro told Fox. In one such case involving a special-needs child, the parents sued for $650 million, he said.

In another case, a woman successfully sued a pharmacist after an error in filling her birth-control prescription led to an unexpected pregnancy, Harvard bioethicist I. Glenn Cohen told LiveScience.com.

Plaintiffs who become pregnant because of Pfizer's birth-control mix-up could pursue a lawsuit to make Pfizer pay some of the costs of rearing the unexpected child, Gianforcaro said.

But Pfizer could also mount a defense. "There has to be proof that the person who got pregnant actually took the birth control pills, or there's the fact that having children could be associated with inherent benefits that outweigh the costs," Gianforcaro said.

Pfizer declined to comment about the potential for birth-control lawsuits. If you're considering such a move, you may want to speak with an attorney about the best way to proceed in your specific situation.

Related Resources:

Defective Birth Control Could Spur Big Lawsuits for Pfizer (LiveScience.com)
Pfizer Birth Control Recall: 1M Packets May Not Prevent Pregnancy (FindLaw's Common Law)
Defective and Dangerous Products - Legal Issues (FindLaw)
Browse Product Liability Lawyers by Location (FindLaw)

11th Victim Found in FL Highway Crash Wreckage

2012-02-03T01:51:33Z

Investigators recovered the body of an 11th victim from the wreckage of a massive chain-reaction Florida highway crash. Lawsuits are likely to follow.

The body of the victim, who was not identified, was pulled Tuesday from a truck that got caught in a series of crashes on Interstate 75, CNN reports. Thick smoke from a brush fire blew across I-75 near Gainesville early Sunday, and drivers were blinded.

At least 12 cars, six tractor-trailers, and a motor home were involved in the crashes, Fox News reports. Some survivors and victims' relatives are blaming state troopers for the accidents, and perhaps even a possible arsonist.

It's not yet clear what sparked the brush fire that caused the Florida highway crash, and arson has not been ruled out. If the fire was intentionally set, the arsonist could face manslaughter and even felony murder charges, legal experts told Fox News.

Felony murder occurs when a death results from a perpetrator's participation in a felony, such as arson.

But survivors are also pointing fingers at the Florida Highway Patrol. Troopers had closed I-75 for three hours because of dangerously low visibility Sunday, but reopened the highway about 3:30 a.m., a Highway Patrol spokesman told Fox News.

About 15 minutes later, the deadly crashes began.

Survivors and victims' relatives may be considering civil lawsuits against the state in the wake of the Florida highway crashes. If so, they'll need to consider Florida's laws about suing state troopers.

Like many states, Florida law limits the government's liability in tort actions. For example, a Florida state agency can only pay damage awards of up to $200,000 or $300,000, depending on the circumstances; any awards in excess must be approved by the Legislature.

Further, a Florida state trooper cannot be held personally liable for tort actions on the job, unless the trooper acted maliciously or in bad faith, the statute says. Timing is also a factor: Wrongful death claims, for example, must be filed within two years.

Those affected by the deadly Florida highway crash may want to consult a local attorney to ensure their rights are protected as the investigation continues.

Related Resources:

Fire That Led To Deadly I-75 Crashes May Have Been Arson (Miami's WFOR-TV)
Fla. highway patrol defends opening I-75 (The Associated Press)
State Sovereign Immunity and Tort Liability (National Conference of State Legislatures)
Who Pays After a Multi-Car Pileup? (FindLaw's Injured)

Brazilian Blowout Label Must Warn of Formaldehyde

2012-02-02T13:02:26Z

Is there formaldehyde in your Brazilian Blowout? Apparently there is -- which may come as a surprise to some consumers. The product has been marketed as "formaldehyde free" in the past.

Those days are no longer. GIB, the company that makes the popular Brazilian Blowout products has agreed to label their products as potentially carcinogenic. They have also agreed to pay $600,000 in fines. The settlement comes after it was sued by California for violating state laws including statutes against deceptive advertising.

The company will send products to a state-approved lab for further testing. It is also required to send pamphlets to salons to instruct workers about proper safety procedures.

Brazilian Blowout products are used in salons across the nation. It's a keratin smoothing treatment. Women with unruly hair wishing for smooth tresses flock to beauty parlors for the pricy service. One visit can cost upwards of hundreds of dollars. The products have been a salon staple for the past few years.

It also has some unpleasant side effects. The products can emit the potentially dangerous gas. Individuals exposed to formaldehyde gas can end up suffering symptoms that include irritated eyes, throat, and vomiting. It can even lead to cancer.

Both federal and state laws regulate advertising. Typically, ads deemed deceptive can be subject to penalties including fines. In GIB's case, the suit was likely spurred partially by the company's claims that their products were formaldehyde free when they actually aren't.

The company still plans to market and sell its Brazilian Blowout products -- albeit with the new warnings.

So should you dare to get a Brazilian Blowout, formaldehyde warnings be darned? It's ultimately your decision. Salon workers are likely more at risk. They can be exposed to the product on a daily basis. On the other hand, customers likely only go to beauty parlors once every few months for a treatment.

Related Resources:

Brazilian Blowout Maker Agrees to Warn Consumers About Formaldehyde (Time)
Brazilian Blowout's Cancer Risk from Formaldehyde (FindLaw's Injured)
OSHA: Brazilian Blowout Contains Formaldehyde (FindLaw's Injured)

Legionnaires Death Linked to Las Vegas Luxor

2012-02-01T17:01:58Z

A former guest at the Las Vegas Luxor hotel-casino died from Legionnaires' disease, and the resort's water system may have been the source of the infection, Nevada health officials reported Monday.

The unidentified guest stayed at the Luxor in December and fell ill shortly thereafter, the Las Vegas Sun reports. Tests found Legionella bacteria in the Luxor's water system, which was immediately treated to kill the bacteria.

The Luxor Legionnaires' death may lead to a lawsuit by the victim's relatives against the hotel's owner, MGM Resorts. The company already faces another Legionnaires' lawsuit from a separate Las Vegas outbreak last summer.

In the summer outbreak, guests contracted Legionnaires' disease -- and later recovered -- after staying at the Aria Resort & Casino. Eight guests sued MGM Resorts, Aria's part-owner, seeking more than $330 million for medical bills, pain and suffering, and a "loss of life's pleasures."

The Aria Legionnaires' lawsuit, which is pending in federal court, alleges properly functioning filtration systems would have kept the bacteria out of the resort's water system. An MGM spokesman denied the Aria lawsuit's negligence claim.

Chances are, a similar lawsuit may be filed against MGM in connection with the Luxor Legionnaires' death. If that happens, the fact that the resort treated its water system after the guest's sickness likely can't be used as evidence in court. Federal Rules of Evidence prohibit "subsequent remedial measures" to be used to prove a party's negligence.

But a potential lawsuit may bring up the fact that there were two other Legionnaires' infections linked to the Luxor last year. The guests were infected in Spring 2011 and later recovered, according to the Southern Nevada Health District. Tests found no bacterial contamination in the Luxor's water system at that time, the Associated Press reports.

Related Resources:

Three Las Vegas Luxor Guests Diagnosed with Legionnaires' Disease (Las Vegas' KLAS-TV)
Las Vegas' Aria Resort Sued Over Legionnaires' (FindLaw's Injured)
Elements of a Negligence Case (FindLaw)
Browse Personal Injury Lawyers by Location (FindLaw)

Drunk Super Bowl Guests Can Crash Your Party

2012-02-01T13:02:11Z

Hosting a giant (or patriotic, as the case may be) Super Bowl party comes with more than just colossal clean-up duties. It may also make you personally liable for drunk party guests' actions -- even after they leave your house.

That's because throwing a party and serving alcohol makes you a social host in the eyes of the law. Under general legal principles, a social host has an obligation to the public to serve alcohol to guests in a safe and responsible manner.

Consequences can be costly.

For example, if one of your Super Bowl guests has too much to drink and gets in a crash while driving home from your party, you may be held liable for any third-party injuries, depending on the laws of your state.

In general, state laws about social hosts call for different types of liability:

Underage liability: Laws in nine states explicitly hold social hosts liable only for the actions of underage guests -- who shouldn't be served alcohol anyway.
All-ages liability: Another 18 states hold social hosts liable for all guests' actions, regardless of age. But some states like Connecticut provide for harsher penalties when the guest is under 21.
General negligence: With or without an explicit social host liability law, a host can still face legal consequences under a general theory of negligence. This happens when a social host knows or should know that a guest is intoxicated and will soon get behind the wheel, but does nothing to stop the guest from driving drunk.

Again, each state's law is different. Check out FindLaw's Social Host Liability page to see the laws that apply where you live. If you're still confused, you may want to consult a local attorney before one of your Super Bowl guests gets drunk and commits a major party foul.

Related Resources:

Police offer Super Bowl party kits to prevent drunken driving (The Plain Dealer)
Practicing Your Serve: A Look At "Social Host" Liability (FindLaw)
Social Host Liability (FindLaw)
Browse DUI / DWI Lawyers by Location (FindLaw)

Top 5 Things to Do After an Injury

2012-01-31T17:02:10Z

Injuries are stressful. Trying to get someone else to pay for your injuries can be even worse.

But it doesn't have to be. Whether you've been in an auto accident, were attacked by a dog, or are the victim of a slip and fall, there are some easy things you can to do to lessen the headache.

In fact, you should try doing the following five things after an injury -- they'll help.

1. Seek medical attention. Do it, and do it as soon as you can. Your health is the most important thing. Plus, you help your case when you quickly seek medical attention after an injury.

It prevents the person responsible from diminishing your pain and from saying you made it worse.

2. Report your injury. If it's a car accident, call the police. If you've taken a tumble at a local retailer, have the manager file a report. You're going to need a copy of the report, too.

3. Identify witnesses. If possible, get the names and contact information of any eye witnesses. This includes bystanders and people who stopped to help. They may have crucial information.

4. Take notes. Soon after an injury, you need to write down your version of the events. What happened? What was the weather like? Was there a sign warning you not to step on the floor? How did you feel?

Continue to take notes as the incident resolves itself. If you're negotiating with a car insurance company or store owner, write down who you talk to, when and what about.

5. Keep records. File away all paper correspondence, bills, related receipts, medical records and doctor's notes. Track days of work missed, appointments, and anything that may help you negotiate.

If the party responsible for your injury doesn't cave when you present them with the above evidence, take it to an attorney. If it gets to this point, you'll likely be really glad you did the above after your injury.

Related Resources:

The Importance of Medical Evaluation after an Accident (FindLaw)
Insurance Claims: Dos and Don'ts (FindLaw)
11 Things to Do After a Car Accident (FindLaw's Injured)

Bedbugs + Ritz-Carlton = One Worried Hotel

2012-01-31T13:02:34Z

Bedbugs don't discriminate -- though at $695 a night, you'd hope they did.

The New York incarnation of the Ritz-Carlton has bedbugs. Lots of them, too. A pest elimination company has been called in to treat rooms, and workers have been trained on how to identify the pesky bloodsuckers.

But one room attendant is still scared -- what if she brought them home? What are you supposed to do when there are bedbugs at work?

You may think this is a silly question, but it's not. If the Ritz-Carlton has bedbugs, your workplace may get them too. In fact, they've showed up in office buildings, movie theatres and clothing stores. They've even been found in schools.

They attach onto clothing, toys, luggage -- anything with fabric. They follow the cleanest of people home and to work.

The Ritz-Carlton has offered to send an inspection company to the woman's home, according to the New York Times. It hasn't happened yet, but the company seems to be taking responsibility.

What if yours won't?

It may be tough to get your employer to pay for a home inspection, but it's not impossible. If there is a known case of bedbugs at work, your employer needs to do its best to eradicate the problem. It also needs to notify employees immediately so that all precautions can be taken.

If your employer fails to do either of these things, you probably have a case. But if you pick up bedbugs at work and no one knew about them, you may be out of luck. It all comes down to negligence.

But until you start waking up with itchy bites, you probably shouldn't worry. The Ritz-Carlton has bedbugs, not you.

Related Resources:

Bedbug Was Discovered At The Ritz-Carlton In New York (Business Insider)
How to Sue a Hotel for Bed Bugs (FindLaw's Injured)
Bed Bug Class Action Suit Filed by 300 Tenants (FindLaw's Injured)

DWI Suspect 'Forgotten' in Jail for 2 Years Gets $22M

2012-01-30T13:03:41Z

Would you like to be forgotten in jail? How about stuffed in a solitary cell without promise of release?

Stephen Slevin was -- and his confinement lasted for almost two years. Officials in Dona Ana County still refuse to admit any wrongdoing , but a jury recently disagreed.

Slevin was awarded $22 million -- the perceived cost of his confinement and the degradation of his mental health.

Slevin's story begins in August 2005, when he was arrested for driving under the influence. In lieu of posting a $40,000 bond, he was tossed in jail. Prison officials stuck him in solitary confinement because he suffers from depression.

Though he initially received medication, the Associated Press reports he never saw a mental health professional. As his pleas for help were ignored, his mental health deteriorated, landing him in an outside facility for a few days.

After he returned, he was forgotten in jail yet again. He became delirious and complained of dental pain. He pulled his own tooth.

The recent trial focused on Slevin's treatment -- not the fact that he was never convicted. He claimed prison officials were grossly negligent in their failure to provide medical care, and thus violated the 8th Amendment's prohibition of cruel and unusual punishment.

County officials claim the lack of care was Slevin's fault. He allegedly stopped communicating and requesting help from medical personnel sent to check his cell.

The jury didn't agree with this assessment. Stephen Slevin stopped communicating after he was hospitalized. When he returned to solitary, the Associated Press says he suffered from a second mental break. Is someone in this condition expected to ask for help?

The county disagrees with this logic and plans to appeal. Stephen Slevin was forgotten in jail, but the district attorney believes his verbal pleas for help were never ignored.

Related Resources:

Former inmate wins $22 million over 'forgotten' solitary confinement (CNN)
Rights of Inmates (FindLaw)
NC Man Robs Bank for $1 for Free Jail Health Care (FindLaw Blotter)

Mom Sues NYC Subway for $50M Over Son's Death

2012-01-27T13:04:12Z

A mother's New York City subway lawsuit seeks $50 million for the death of her son, who was roaming the underground tunnels after a night of partying with friends.

Marva Nelson faults NYC's Metropolitan Transportation Authority for not doing a diligent enough search for her son Briant Rowe, 24, of Brooklyn, after he jumped onto the tracks in November, the New York Daily News reports.

"If proper protocols were enforced, it is our view that Briant would still be alive today," Nelson's attorney told the Daily News. But it's not clear what those "proper protocols" actually entail.

A subway worker saw Briant Rowe jump onto the tracks, and reported the incident about 5:49 a.m. Transit workers spent 40 minutes using an out-of-service train to search for Rowe, but didn't find him, the NYC subway lawsuit states.

About two hours later, a subway train struck and killed Rowe near the Newkirk Avenue station.

The MTA declined to comment about its procedures when searching for pedestrians in a subway tunnel. But Nelson's lawyer said the MTA's 40-minute search by train wasn't adequate.

"A more appropriate search ... would have been to go on foot with flashlights and to shut the system down and find this individual," the lawyer told New York's WNBC-TV.

If the subway lawsuit proceeds to trial, a jury will likely decide whether the subway system's actions amounted to negligence. MTA regulations and expert testimony will probably come into play.

Because the MTA is a government entity, special rules may determine how the NYC subway lawsuit proceeds. Many jurisdictions provide some form of governmental immunity from lawsuits.

Rowe had been partying in Manhattan with fraternity buddies before he was struck and killed by a subway train, but he didn't have substance-abuse or mental-health problems, relatives tell New York's WNYC radio. Autopsy results are pending.

Related Resources:

$50M suit in subway stroll death (New York Post)
NYC Personal Injury Lawyer (FindLaw)
State Immunity Laws Do Not Protect the Government from all Legal Claims (FindLaw)
NYC Stoplight Suit Highlights How to Sue Cities (FindLaw's Injured)

Will 'Black Boxes' Be Mandatory in New Cars?

2012-01-25T17:03:45Z

Car accident investigations can be tough. Imagine sifting through twisted metal and shards of glass. It's not always easy to uncover what exactly happened. That's why "black boxes" in cars may soon become a reality.

Most Americans know what "black boxes" are. Authorities scrounge the ocean and ground for the device after planes crash. The device tracks and records what happened on the aircraft. It illuminates possible reasons the accident occurred.

A similar device could be installed on vehicles.

This idea was recently endorsed by the U.S. National Research Council. The "black box" in your car could end up telling investigators what happened right before you lost control.

It can assist in investigations of car accidents. This is especially true in cases that involve electronic issues & which may be on the rise. Many modern cars have a whole bevy of electronic sensors, equipment, and computer parts installed.

These electronic parts offer consumers convenience. They also lay on an extra level of difficulty when it comes to investigations.

In 2009 Toyota instituted a recall over its vehicles. It was the world's largest, according to the New York Daily News. The automaker's cars unintentionally accelerated.

Toyota inspected gas pedals and floor mats, which the company believed were the culprits. Yet many still believed there was an electronic cause. Some think there was a problem with the car's electronic throttle control systems (ETCs). Investigatory agencies were unable to find proof.

But that might change if "black boxes" are installed in cars. This could mean car accident investigations will provide more information. It may also mean consumers may have a greater chance of filing successful lawsuits. The more evidence there is to bolster your claim, the better off your legal chances.

Related Resources:

New Federal Rules To Require Black Boxes to Record Driver Activity in Every Car (PopSci)
Car Accident Liability (FindLaw)
Who Pays After a Multi-Car Pileup? (FindLaw's Injured)
Google Car Crash: Self-Driving But Human Error (FindLaw's Injured)