In this Issue — June 2011
- This month’s drawing question.
Congrats to Patricia H. for correctly answering last month’s Newsletter question!
Now for another $50 gas card opportunity:
“Father’s Day is in what month?”
- STRATEGIC SESSION: NOTICE AND PRIOR INCIDENTS
One of the biggest obstacles to getting you just compensation for your injuries is the issue of “Notice”. This is especially so in claims against companies and corporations. Not only does the law require a victim to show that the corporation’s negligence caused the injuries, we must also prove that the company had Notice of a problem and didn’t do anything about it.
For example, suppose you go into your local McDonald’s and order a sandwich. As you are leaving the store, you slip on some liquid that is on the floor, do a somersault in the air, and severely hurt your back. What do you think the first thing the defense will argue to prevent you from getting money you deserve? That’s right. “We are very sorry, but we didn’t know that there was water on the floor.” The burden is then on us to prove they did have Notice that there was water on the floor, but they did not take steps to fix the problem.
Thankfully, Notice can be inferred from the facts surrounding your fall. Still, there are thousands of cases lost each year by victims based on not being able to prove Notice. When the issue of Notice is proven in a case and the person who is permanently injured receives just compensation for his injuries, it is a great feeling.
The following case is an example of a Seattle lawyer who was able to prove the issue of Notice in a special way!
- DENNY’S $46.4 M VERDICT OVER SHOOTING SPREE:
A jury held the 24- hour restaurant Denny’s responsible for a shooting spree at their store four years ago and awarded $46.4 million in damages to three victims. A thug came into Denny’s late at night and without warning just started firing his gun at innocent customers. Steve Tolenoa, a 28-year-old Bible College graduate, was hit by two bullets that crushed his shoulder, perforated his liver and severed his spinal cord, making him a C-6 quadriplegic.
The victims argued that the restaurant should have provided adequate security and that violence was foreseeable, given the history of rowdy late night crowds and police incident reports. Denny’s failure to provide protection for its customers and employees against foreseeable, predictable and regularly occurring acts of violence was the catalyst for the huge verdict.
Denny’s tried to focus on the shooter, arguing that the attack was a random act that nobody could predict. See the defense tactic? Again, the issue of Notice. They argued “how were we to know the guy would start shooting?” But the victim’s attorney had stacks of police logs citing over 1,100 incidents in the previous two years at that Denny’s restaurant. The jury inferred Notice from the prior incidents at the Denny’s restaurant!
- Welcome!
I want to personally welcome Wayne F. and Keith S., two new clients who lost close family members possibly due to someone else’s negligence. Our prayers are with both of you and your families!
- A Thank You
Thank you Rebecca M, Sandy S, Eric F and Bob G for your kind referrals of injured victims to our office. When people call and say that they are referring us potential clients because they trust us, it really means a lot to Mary, Denise, Angela and me. Wow!
- FOR OUR DOUBLE NICKEL (55 years old and older) READERS:
OSTEOARTHRITIS is the most common form of arthritis and a major cause of disability for older adults. Osteoarthritis affects the majority of folks over the age of 55. What should you do if you suffer from osteoarthritis? Studies suggest an effective strategy for dealing with this painful condition is to take supplemental Omega-3 fatty acid fish oil vitamins! Let us know if it works!
- CRIMINAL LAW:
If you are arrested for drunk driving, what should you do? Try to get into the ARD Program. ARD stands for Accelerated Rehabilitative Disposition. It is a program usually offered to first time offenders (first arrest) in which the District Attorney agrees to suspend prosecuting you for your crime to allow you to complete a rehabilitation program. If you successfully complete the program, the criminal charges that you were arrested for are dismissed. Why is the ARD Program such a big deal? Because it results in a complete dismissal of the criminal charges against you! That means no criminal conviction on your record!
- CONSIDER US:
If you or someone you know has been hurt in any of the following situations, please feel free to contact me for a free consultation: Personal Injury cases, Injuries Involving Surgery of any kind, Children’s Injuries, Fractured Bones, Vehicle Accidents, Catastrophic Injuries, Medical Malpractice cases, Wrongful Death cases, Product Liability/Defective Product cases, Homeowners Liability cases, Workers Compensation cases and Criminal Defense.
- Happy Father’s Day to All Dads!