Landau Injury Law

It was one of the greatest days of my racing career. Having signed up for the Annual Herndon Festival road races, I knew that my eldest daughter and wife would also participate, as the running course goes right by the ABRAMS LANDAU “Law Shop,” not once, but twice ! Both the 5k and 10k follow the same course, which goes through the “Downtown Historic” section of the Town of Herndon, past the Court House, Municipal Center, City Hall and Library.

Imagine my surprise when I saw ALL 3 daughters, my bride AND sister at the starting line, in matching race singlets, with my brother photographing the scene. Not only had one of my daughter registered under an “alias” so as not to be discovered by her dad the “Triathlon Trial Lawyer,” but the girls had gotten up at 5 AM (!) in order to chalk the race course and decorate the ABRAMS LANDAU building with posters.

It was a wonderful day, for it was the day of my two older daughters’ graduation party and my youngest daughter had a soccer match later the same day. So it was really amazing that they got up so early, worked so hard and kept such a secret from their nosey dad. My son stayed at home to “hold the fort,” babysit for our nieces and nephews, and host all of our out of town guests.

Doug Landau can always find a pool.  Shown here at the Saint Petersburg, Florida pool, the Loudoun, Leesburg and Fairfax injury lawyer notes the rules and the layout of this superb aquatic complex before joining their masters team for an afternoon practice.  Safe swimming is not just something Landau writes about and preaches, but he also practices by familiarizing himself with pool rules, open water swim guidelines and Competitive association rules.

Having raised 4 children to be “water safe,” and rescued people in white water raft accidents, the Herndon Reston area lawyer is well aware of the many kinds of aquatic injury.  Drowning is one of the most common causes of death for children under 14 years old and every year more than 6500 people drown in the United States. A great many of these deaths could have been prevented – either through better safety precautions or increased lifeguard supervision. Even near-drowning can cause serious long-term mental and physical handicap and injury.  Unfortunately, pool related injuries and drownings are often caused by:

• Untrained and/or inattentive life guards
• Broken or inadequate pool ladders that enable swimmers to easily exit the pool
• Failure to maintain water clarity such that someone stuck or drowning at the bottom cannot be seen in time for rescue
• Overcrowded pools with too many people in the pool at one time
• Inadequately trained pool staff and maintenance people responsible for pool upkeep
• Defective pool light or inadequate lighting areas around pool
• Failure to have a drain cover that meets safety standards (ANSI/ASME A112.19.8-2007)
• Emergency phone near pool broken or non-existent
• Failure to follow state law and keep pool logs
• Broken or defective pool equipment such as filters, drains and pool pumps that affect water clarity
• Failure to have clearly identified depth markers so pool users can see how deep the water is before getting in the pool
• Lack of flotation safety lines that separate deep and shallow areas of the pool
• Failure to maintain self-latching and closing gates that keep small children from entering the pool area without adult supervision
• Lack of safety and rescue equipment, such as ring buoys or “life savers” with throw rope, shepherd’s hook, flotation belts, etc.
• Vacuum drains that lack proper covers that can cause serious or fatal injuries, especially to small children

If you or someone you know has been affected by a drowning or other swimming pool accident you may want to seek legal counsel to advise you as to your legal rights. Experienced and compassionate legal guidance can answer many of the questions that usually follow after a tragic pool injury or drowning.  Contact us today at the Landau Law Shop or call us at 703-796-9555.

With two Tibetan monks leading the assembled faculty, families and guests at The Madeira School graduation, this exceptional single-sex institution sent its class of 2009 out into the world. Doug Landau was proud to once again have a daughter in the graduating class of this international school. While attending Madeira, Ms. Landau worked in the famous “co-curricular program.” In her Sophomore year, utilizing her strong science and math skills, she worked at Fair Oaks Hospital. Last year she worked on Capitol Hill, serving in the office of Senator Robert Byrd (D-WV). This year, she was a writer and a photographer for the Connection newspapers. Ms. Landau hopes to pursue her education by studying Journalism at her father’s alma mater and this summer will be helping at ABRAMS LANDAU, Ltd. with publications, postings and other computer-related assignments. She has already saved her dad by helping him with his InjuryBoard conference power point presentation on Hip Fractures ! Everyone at the Landau Law Shop wishes her safe celebrations, a salubrious summer and success at college.

ABRAMS LANDAU received notice that the Washington, D.C. Social Security Hearing office will be moving !  Since we have a half dozen cases currently before the Administrative Law Judges (”ALJs”) at that location, it is important that our clients, their families, witnesses and friends know where to go for their all-important “Day in Court.”

The ODAR intends to relocate June 9th, 2009.  The new address will be: 1227  25th Street, N.W., 3rd Floor, Washington, D.C. 20037.  The front of the building is shown with Shawn Shook of ABRAMS LANDAU, Ltd.  in the  picture for scale.  Shawn has already been successful in helping a disabled client win her Social Security Disability case in front of an ALJ in Washington, D.C.  Good work Shawn !

Pictured sitting at the fountain directly across from the entrance to this fancy new office building is Herndon Reston area lawyer Doug Landau, as this is a good landmark for meetings before going inside.  If you or your family or friends have questions as to how best to get to your Social Security Hearing, please call us at 703-796-9555 or e-mail us at: frontdesk@LandauLawShop.com.

This is what the building looks like from 25th Street.  This is near the intersection with “M” Street, in North West Washington, D.C.

When we go on holiday to a resort, spa, hotel, amusement park or camp, we do not expect the owners or operators to be “on a vacation” when it comes to safety. Doug Landau of ABRAMS LANDAU, Ltd. contributed hundreds of pages to the three volume PREMISES LIABILITY books published by Lexis-Nexis. Under premises liability law, every property owner has a legal obligation to keep its premises reasonably safe and protect customers from danger. This applies to hotel, motel, resort, spa, tennis camps, golf resorts, and amusement or theme park owners. Premises Liability law also generally holds that the premises owner or operator must also warn guests of any (more…)

A construction worker who lost his arm after sustaining an electrical shock recovered $1.97 million. In 2006, the young Florida construction worker was guiding a concrete beam that was being carried by a crane. The crane’s cable came in contact with a power line and then he was shocked. His right, dominant arm had to be amputated and was replaced with a prosthetic device. Florida Erectors, which hired the Crane Service, was found 55 percent liable. The crane service company settled before trial for $1.65 million, but along with its crane operator, remained on the verdict as defendants. Florida Erectors was found 55 percent liable and the other defendants 45 percent liable, which reduced the $3.6 million award.Injury Board member Doug Landau has tried electrical shock (or electrification) cases. These injuries can be devastating and often leave permanent scars and nerve damage. In some cases, electrical current injuries are lethal. In one electrocution case tried by Virginia injury and disability lawyer Doug Landau, he brought the lead police officer and fire chief to prove his client’s case. The boom of the truck the decedent was working on touched the power lines. The unfortunate driver saw the tires melting and smoke coming from the truck as he was making a call across the street. he ran to get the fire extinguisher off the truck. When he made contact with the metal fire extinguisher, high voltage electricity was sent through his body, killing him instantly. Doug Landau represented his child, who was then being raised by her grandparents. Landau won the case, and the child’s needs were provided for through an Order of the Virginia Circuit Court judge in Bowling Green.

Let us all take a moment to reflect on the sacrifices made by our men and women in uniform.  Throughout American history, our armed forces have made the highest sacrifices in order to preserve the freedoms we often take for granted.  Let us preserve the memory of those who have fallen striving to protect and keep our freedom.  Having visited the many memorials in our nation’s capitol and elsewhere, I recommend that everyone take a “field trip” to visit the national memorials, battlegrounds and museums dedicated to the men and women who have so bravely served this country.

In drunk driving/DUI/DWI cases, at ABRAMS LANDAU we can sometimes bring a claim for punitive or exemplary damages. Punitive damages are allowed by the courts in cases where the evidence supports a finding of “willful, wanton and reckless misconduct” on the part o the Defendant drunk driver or stoned vehicle operator. This is “punishment” compensation that arises out of the grossly negligent or egregiously bad acts by a drunk driver. While other injury case compensation is paid to cover the injuries and harm that has been caused to the victim, punitive damages are paid as a form of punishment to the drunk driver who caused the car wreck and to prevent others from engaging in the same dangerous conduct.

If there has been a criminal conviction, we may be able to use evidence and testimony from the Traffic Court or Criminal proceedings in the civil injury lawsuit. In some cases, we are able to offer evidence of a DUI/DWI drinking plea of guilty by the drunk driver. However, in many states, if the drunk driver does not plead guilty (but is found guilty) the law prohibits offering the fact of the conviction. Do not get confused-even if the conviction itself is not admissible in the civil personal injury trial, we can still offer any proof to show that the driver was drunk, stoned or “under the influence” if there are sufficient facts and/or witnesses. We can offer evidence of drunken behavior, of field sobriety testing, of a BAC result or medical test results. If you or someone you know has been injured because of a drunk, impaired or stoned driver, e-mail us at FrontDesk@LandauLawShop.com or call 703-796-9555 at once.

It’s that time of year again ! The Herndon Farmers market, located a block from the offices of ABRAMS LANDAU, Ltd., will offer fresh fruit, herbs, vegetables, flowers, foods, and other wonderful items. Just a short walk from the Landau Law Shop, the Farmers Market is every Thursday from 6 AM to noon through the season.

Fairfax, Loudoun and Leesburg injury and disability lawyer Doug Landau has already planted tomato plants, sunflowers, peppers, basil and marigolds that he has purchased this month from the Herndon Farmers Market. Conveniently located in front of the Municipal complex, Dairy Queen and Courthouse, everyone at ABRAMS LANDAU has their own particular favorite. The next time you are visiting with us on a Thursday before noon, visit with our local farmers, gardeners and growers.

Home exercise equipment and therapy aids can be paid for by the workers compensation insurance company according to Herndon Reston area injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. For example, in the case of Emmett v. Food Lion, Inc., 73 OWC 166 (1994), an employee sought to hold her employer responsible for exercise equipment prescribed by her treating physician. The Workers Compensation Commission agreed that the equipment was allowed by the Act as an “appliance prescribed by the treating physician” but found that the employer was not required to purchase in-home equipment when it offered to provide use of the equipment at a local gym.

The trial team at ABRAMS LANDAU has gotten gym memberships for clients where the attending physicians have prescribed and exercise program or self-regulated physical therapy. The Loudoun Fairfax Injury Board member has even won pool memberships for clients who need “aqua therapy,” “hydrotherapy,” “aquatic exercise” and “non weight bearing activity.”

In cases where a local gym is not “local,” or the cost is prohibitive, or travel is dangerous or contrary to the treating doctors’ instructions, home exercise equipment can be made the responsibility of the insurance company. Likewise, home therapeutic aids and equipment can be made the responsibility of the insurance company. Examples of such expensive items ABRAMS LANDAU has won for clients include: hospital beds for the home, ramps, railing, special commodes, spa heaters, electrical stimulation units, ergometers, hand exercisers, therapy bands and exercise bikes.

Where the injured claimant cannot travel absent a wheelchair-accessible van, the Workers Compensation Act clearly provides for transportation expenses to and from medical treatment, including meal expenses. Thus, Virginia law is clear, according to Virginia workers comp lawyer Doug Landau that the employer is required to provide appropriate transportation to and from medical treatment, taking into account the claimant’s wheelchair limitations.