In this Issue — September 2011
- Free Steelers Football Schedule Magnets (Our way of saying THANKS)
I hope you enjoy the Steelers schedule magnets we recently mailed to over 5,000 current and former clients. You might consider putting the magnets on your refrigerator to know who the Steelers play each week! The magnets also have the Pitt and Penn State football schedules and even the Sunday and Monday night football games! It’s a free gift and is just our way of saying thank you for your kind referrals. If for any reason you want a free Steelers refrigerator magnet, just call us at 800-518-0050 Mary is standing by!!
- Wrongful Death Cases and Baseball Parents
Parents involved in organized baseball know that players use wooden bats and aluminum bats. If a player is killed by a baseball hit from an aluminum bat, can they bring a wrongful death claim for his death? That’s what happened to an 18 year old baseball infielder who was killed when he was struck by a ball hit from an aluminum bat. The deceased family’s estate sued the makers of the bats under strict liability principles, claiming aluminum bats increased the dangers of baseball because infielders have less time to react due to the increased velocity of a batted ball. A jury agreed and awarded the deceased child’s estate $850,000 according to Lawyers USA.
- Medical Malpractice Lawsuits
Some hospitals and doctors claim that large jury verdicts and settlements of malpractice lawsuits are rampant. Remember the scare tactic used by some organizations about doctors leaving PA because of medical malpractice costs? Well the most comprehensive study of these claims in 20 years disputes that belief. According to the study published in the New England Journal of Medicine, only 1 in 5 medical malpractice claims against doctors leads to a settlement or other payout. In plain English, what that means is if you file a medical malpractice case against a doctor or hospital, your chances of “winning” or getting any money is only 20%! That’s why we are very selective in medical malpractice claims!
- Criminal Law-You Be The Judge
Okay, you are a police detective assigned to investigate child sexual abuse cases. There are allegations that a teacher is acting inappropriately with his students. What is worse is you talk to several of the students and they confirm the teacher touched them inappropriately. Do you have enough probable cause for a search warrant to search the teacher’s home for child pornography evidence? The answer is NO. The U.S. Third Circuit Court of Appeals recently ruled those facts are not enough probable cause to search the teacher’s home. Why?? There was no evidence to show the police would find pornography in the house. Even if pornography was found in the house, the Courts would throw out the evidence because there was no basis to search the home in the first place.
Now you may be reading this and thinking that is crazy. Why protect someone who does that kind of thing. But it is just those kinds of rulings that keep you and me safe in our homes. The police need more than a hunch to go into someone’s house. It’s also what makes our country different from the justice systems in Iraq or Libya. Think about it.
- That Darn Notice Issue/ Slip and Fall Injury Blues
A lawsuit filed against Harrah’s Casino and Racetrack based on an injury was recently thrown out by the Court. The reason the victim didn’t even get a chance to present her case to the jury? One word – Notice. The Court ruled Harrah’s Casino had no actual or constructive notice of when a liquid fell on the floor, causing the victim to injure her knee.
In our opinion, this case is an example of why it is important to contact us as soon as you are injured in any slip and fall case. When you do, we can send out our investigators quickly to try and contact witnesses to your fall. Maybe someone saw the liquid on the floor an hour before your fall. That could give us the notice required to help prove your case!
- Special Thanks
To Sheila R. for believing in us during her recent mediation. It was the main reason why we were able to get an extra $5,000 for her case at Mediation last week. The other side was bluffing and threatening to walk out of the Mediation, but we just kept to our belief about the real value of her injuries. Thanks to Sheila’s belief in us, the insurance company caved in just before lunch and we were able to get the extra money. Thanks Sheila!
Congratulations to Jean M. Her name was drawn from the list of readers who answered last month’s question correctly.
- Strict Liability-Going After The Manufacturer-Question of the Month
Can a product liability theory be used to win a case claiming defective screws were used during a hip surgery? Yes. If a jury believes that malfunctioning surgical screws caused your injuries and that the screws were defective when they left the manufacturer’s control! Legally, the case would proceed under a strict liability malfunction theory. Please call me if you wish to discuss this idea!
- 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.
- Go Steelers!