Archive for the Defective Products Category

Having represented workers who have had limbs mangled in industrial mixers and families of those who have lost their lives in giant food vats, Ashburn and Reston area injury lawyer Doug Landau has seen first and the devastation these gigantic machines can cause innocent victims.  In one case, the Herndon based ABRAMS LANDAU law firm was able to secure compensation for a food service worker at Reagan National Airport whose hand and arm was mangled in the blades of a frozen yogurt machine.  In another case, the Landau Law Shop was called upon by the family of a worker who died in an industrial meat grinding machine.  In both cases, when the workers became entrapped in the food processing equipment, there was no way for them to shut off the machinery.

Recently, Herndon disability and injury lawyer Doug Landau was apprised of two companies that were fined after a worker died in a vat of chocolate.  Landau, who is licensed in New Jersey, came across the Insurance Journal report of two chocolate processing companies in Camden, New Jersey that had been fined for safety violations following the death of an employee who fell into a giant vat of chocolate in July.  The U.S. Department of Labor’s Occupational Safety and Health Administration cited Lyons & Sons Inc. and Cocoa Services LP with a total of 12 serious citations.

One worker died in July after he was hit by a paddle used to mix chocolate.  OSHA said there were improper safety precautions at the facility and that a first-aid program was not in place.  Fines for the two companies total more than $39,000.  A city judge had already levied a fine for operating a business without a license.  Safety precautions Doug Landau has advocated for in the past include “kill switches” that turn off food processing machines and other industrial equipment when the operator is in trouble.  Likewise, dangerous machines need to be designed so that they automatically shut down when the operator is not depressing the power button.  Lastly, machines should not be designed so that the employer can override the safety precautions or remove safety guards.

ABRAMS LANDAU, Ltd. negligence, liability, personal injury and jury trial paralegal Krisin Tanzi and her canine assistant

ABRAMS LANDAU negligence, liability, personal injury & jury trial paralegal Krisin Tanzi and her canine assistant

Another friendly, experienced and helpful voice ABRAMS LANDAU clients and their families have come to appreciate is that of Kristin Tanzi.  If a case involves negligence, liability and jury trial issues, Mrs. Tanzi will likely be interacting with you along with law clerk Shawn Shook and Landau Law Shop founding partner Doug Landau.

Recently, she helped Mr. Landau successfully conclude a dog bite case in New Jersey, prepare a trucking negligence case in Georgia and an airport cart crash case in Florida.  Legal assistant and paralegal Kristan Tanzi has experience working for law firms in New York and Texas before joining the Herndon Reston area law firm.  The Ashburn area paralegal’s responsibilities include:
•    Intermediary between attorney and clients, opposing counsel and justice system personnel
•    Drafting and filing of pleadings and correspondence (i.e., Interrogatories, Discovery Requests and Responses, Settlement Agreements)
•    Discovery preparation (i.e. correlation of client’s discovery responses)
•    Preparation of insurance claim forms for clients; Correspondence with insurance companies regarding clients claims
•    Trial preparation and attendance
•    Case file and client management
•    Scheduling appointments and court dates
•    Deposition coordination
•    Screening of potential clients
•    Docket control

Oakton Chantilly Bike crash lawyer Doug Landau always wears his helmet, whether racing, touring or training

Oakton Chantilly Bike crash lawyer Doug Landau always wears his helmet, whether racing, touring or training

As hard-headed as he is, Oakton Chantilly injury lawyer Doug Landau still wears a helmet whenever he rides his bike.  Landau was pleased to see the recent results from Bicycle Helmet Safety Institute testing.  The Bicycle Helmet Safety Institute (”BHSI”) submitted samples of six helmet models to a leading U.S. test lab: three in the $150+ range and three under $20. The impact test results were virtually identical. There were very few differences in performance among the helmets. The  conclusion: when you pay more for a helmet you may get an easier fit, more vents and snazzier graphics. But the basic impact protection of the cheap helmets tested equaled the expensive ones.

The results are a testimony to the effectiveness of our legally-required CPSC helmet standard. Although the testing sample was small, the testing indicates that the consumer can shop for a bicycle helmet in the US market without undue concern about the impact performance of the various models on sale, whatever the price level. The most important advice is to find a helmet that fits you well so that it will be positioned correctly when you hit.  The BHSI has a page up with details of the testing.  If you or someone you know has been injured in a car, truck or bike crash while riding their bike, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Reston area injury lawyer Doug Landau is often asked, “What is a premises liability case ?”

Premises Liability Lawyer Doug Landau under a sculpture at the Dallas International Airport

Premises Liability Lawyer Doug Landau under Dallas International Airport artwork

The author of several hundred pages of the best-selling Lexis Nexis 3 volume set, “Premises Liability: Practice and Procedure,” explains that when a building’s design, upkeep or use causes injury, the injured victim can bring a premises liability claim for their injuries and losses.  This is true whether it is a slip and fall, falling roof shingles, loose steps, tripping cases and even faulty doors, elevators and escalators.  Premises liability is the liability for a landowner or property management company for certain torts that occur on the real property.  In many states, a judge will give the jury an instruction at the end of the case, when all the evidence has been submitted for their consideration, that goes something like this:

  • a landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.

If the landowner or occupier created the dangerous condition or let it exist for a sufficiently long time, they may be liable to the injured person for the damages caused by their negligence.  If you or someone you know has been injured in a slip and fall, trip and fall or other accident caused by a dangerous building or structure, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

While the ABRAMS LANDAU team prepares every case for trial, our success in Mediation, Arbitration and other forms of “Alternative Dispute Resolution” has resulted in Herndon disability and injury lawyer Doug Landau being asked to write, speak and teach for the State and National trial lawyer associations.  Landau teaches for the “non-profit” organizations committed to helping innocent victims and disabled persons and their families.  Landau is not paid for teaching, writing or lecturing for these groups.  This was his second major article in 2009 for TRIAL magazine, a peer-reviewed journal sent to judges, lawyers and schools around the world.  Herndon’s injury and disability lawyer has been contributing articles to TRIAL since the 1980s.

In addition, Landau was also a presenter at the American Association for Justice’s (AAJ) 2010 winter convention.  The topics discussed at the “Litigation at Sunrise” session, included:

  • *Birth Defects Suffered by Children Whose Parents Are Exposed to Chemicals Used in “Clean Rooms” — Frank Verderame, AZ
  • Pool Safety: Drain Entrapment — Dennis M. Lynch, IL
  • How I Learned to Relax and Love Mediation — Douglas K.W. Landau, VA

If you have questions about Mediation, Arbitration and other forms of “Alternative Dispute Resolution,” please contact us at ABRAMS LANDAU, Ltd., 703-796-9555

The Hampton Roads Virginian-Pilot reports that a Virginia House committee rejected a measure which “would have ensured that home-owners could file claims with their home insurance companies for property damage caused by Chinese-made drywall,” and one which “would have prevented home insurers from canceling policies or raising rates on properties because they were built with the drywall.” While lawmakers “agreed owners of homes built with Chinese drywall deserve relief, they weren’t sure that going through insurance companies was the best way for them to go about getting it.”  Herndon Reston area injury and disease lawyer Doug Landau believes that the Virginia legislature should assist homeowner injured or made ill due to the foreign made drywall.  The American Association for Justice (”AAJ”) information on foreign manufacturer accountability can be found here.

Doug Landau's friend and mentor, Maui lawyer Jim Krueger, and "Sheffield"

Doug Landau's friend and mentor, Maui lawyer Jim Krueger, and "Sheffield"

Whenever Franklin Farms injury and disability lawyer Doug Landau travels to teach and learn at state, national and international trial lawyers meetings, he makes it a point to meet with top lawyers from all over the world to exchange ideas on how to help injured and disabled clients.  One of the best is Landau’s friend, mentor and Masters swimming champion Jim Krueger of Maui.  Krueger’s firm

has successfully handled cases involving Ocean, Boats and Pools that have caused death, spinal and other serious injuries resulting from (more…)

Jacob Buckett and his sister Isabelle, have been awarded $20 million as settlement in a personal injury suit brought against Burger King.  The 12-year old boy and his sister were playing at a playground inside the restaurant, when Jacob fell injuring his lungs, and the parietal lobe and his left front lobe of his brain.  The playground structure, which included a fireman’s pole and monkey bars, had no rubber matting beneath it, just tile.

Delta Marketing, the company that installed the playground was also named as a defendant in the suit according to news reports.  The defendants allegedly claimed that the responsibility for watching the children was the father’s, however the attorney for Jacob and his family maintained that there is an expectation of safety inherent in these types of situations. Furthermore, warning signs were not posted at the particular restaurant where the child fell, though other restaurants in the chain had posted warning signs.  The plaintiff’s injuries resulted in his hospitalization for more than 4 months, and today he is still undergoing rehabilitation and has significant brain damage.

Before letting a child play on indoor “jungle gyms” or playground equipment, make sure that there are safe places to land with shock absorbing material.  My own daughter broke her arm falling from monkey bars.  Luckily, her fracture healed after being adroitly wired together by a Reston Orthopedic Surgeon.  If you or someone you know has suffered an injury as the result of a dangerous or defective facility, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Fairfax, Loudoun and Leesburg injury lawyer Doug Landau’s speech, “How I learned to relax and love mediation,” for the American Association for Justice (”AAJ”) was well received, as was his article in TRIAL Magazine.  In his presentation, Herndon’s Lawyer Landau discussed how to use Mediation in brain injury, slip and fall, dog attack, car crash, and premises liability cases.  One review of his article in the peer-reviewed trial lawyer publication reads as follows:
DOUGLAS LANDAU, p.40    TRIAL Magazine.
Mediation can be a blessing in disguise. In fact, depending on your jurisdiction, the results can be better than what you might get at trial. An experienced trial lawyer describes three cases where mediation led to unexpected benefits and exceeded everyone’s expectations—especially his own.

The following safety checklist from the Rocky Rural Electrification Association (”RREA”) came across electrical injury lawyer Doug Landau’s desk recently.  The RREA provides complete Power Distribution services to its members. Their Safety Checklist includes the following considerations:

  1. Are all trees in the yard free and clear from overhead power lines?
  2. Are your farmyard buildings located the following recommended distances away from power lines: Barns-at least 30 feet(9 metres), House-at least 50 feet (15 metres), Bale and haystacks-at least 30 feet (9 metres), Granaries-at least 30 feet (9 metres)
  3. Are your propane and fuel tanks located at least 30 feet (9 metres) away from the power lines?
  4. Are worn or frayed extension cords thrown away?
  5. When you work outdoors do you locate ladders so they will never contact utility wires?
  6. Are overhead wires in the farmyard area and those neat field entrances high enough to adequately clear machinery?
  7. Do you always lower grain augers and cultivator wings before going under power lines?
  8. Have you had overhead lines relocated underground to avoid contact with high vehicles in the farmyard?
  9. Are outside outlets weatherproof and installed with ground fault circuit interrupters?
  10. Are all electrical appliances and power tools used around the farm CSA approved?
  11. Do you unplug tools and equipment that are not being used?
  12. Do all outlets have three pronged receptacles to provide proper grounding of electrical tools and appliances?
  13. Are fuses and switches labeled properly to prevent confusion in an emergency?
  14. Do family members and all hired farm workers know where and how to disconnect power in case of an electrical emergency?
  15. Do family members and all hired farm workers know first aid for electrical shock and burns?

If you, or someone you know, has been injured in an electrical system or on the job electrification accident, please e-mail or call us at ABRAMS LANDAU (703-796-9555)

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.