Landau Injury Law

The Occupational Safety and Health Administration (”OSHA”) is investigating the death of a SeaWorld Orlando killer whale trainer.  An autopsy showed that the veteran sea mammal trainer likely died of multiple traumatic injuries and drowning, according to the Orange County Medical Examiner.  How the park handled previous whale attacks will also be a part of the OSHA investigation.

According to news accounts, this whale had been associated with two prior fatal attacks.  In this latest attack, the orca dragged the trainer to her death underwater in front of horrified spectators.  Sea World workers described to the press how the killer whale dragged the aquarium trainer by her hair with his massive jaws and teeth and would not let go.  The frenzy of the fatal attack shocked onlookers and begs the question, “If this animal had been involved in two prior fatalities, what additional safety measures were taken to protect the Sea World employees ?”

Slip and fall and trip and fall cases are not limited to injuries on dry land according to Alexandria, Fairfax and Leesburg injury lawyer Doug Landau.  In a recent case out of South Florida, the injured plaintiff was on a cruise ship at the time of the fall.   The plaintiff fitness instructor  alleged he was injured when he slipped and fell on a wet floor at a cruise ship spa

According to the premises liability lawsuit, the 42-year-old fitness instructor who worked for Miami-based Steiner Transocean, sustained a back injury and became incontinent and impotent as a result of the fall in 2006.  The case was tried in Miami-Dade Circuit Court.  Plaintiff’s counsel told the newspaper that the verdict included damages for economic losses, medical expenses and past and future pain and suffering. The South Florida jury awarded $9.5 million.  The defendant Steiner Transocean, which operated the spa on Norwegian Cruise Line’s Norwegian Crown, filed papers seeking a new trial or a reduction of the jury award.  Miami-based Norwegian Cruise Line previously settled out of court.  There are special rules and time deadlines for bringing claims on cruise ships and for injuries that occur on “the high seas.” If you or someone you know has been injured on a cruise ship or other ocean going vessel, please seek legal counsel at once.

One of the most terrifying experiences is  being chased by a pit bull, or several pit bulls.  These vicious dogs are often trained to attack and cause permanent disabling injury.  As a child, dog bite injury lawyer Doug Landau was warned by his neighbors that their pit bulls were bred by the Romans to fight lions in the coliseum, and that their strong jaws and teeth could rip into the jugular veins of their enemies.   As an adult, the Chantilly canine attack lawyer saw firsthand how devastating dog bite injuries can be to his clients and friends.  The staff at ABRAMS LANDAU has seen how the emotional scarring can last long after the physical wounds have healed.  How does one safely avoid the deep, penetrating wounds that often result from a put bull and other large dog attacks ?

According to Daniel Estep of the The National Animal Control Association’s training academy,

• “If the dog is 50 yards away and starts after you, if you can escape somewhere – inside a building. or on top of your car, or jump a fence – then that’s probably the best thing to do.  If the dog iis closer than that, then that’s not a good idea.  In a footrace, you’re going to lose.  The January Esquire Magazine piece continues,

• If the attack is imminent, try to shove something in its mouth, hopefully not a body part.
• If you’ve got a briefcase or clipboard or even a coat, shove that at the dog.  Most of the time, dogs are going to bite the first thing they get their teeth around.  And then you can try to walk your way out of the situation.
• If that’s not possible, feed him your nondominant arm.  Arm, not hand.  And let him grab onto that and try to get yourself out of the situation.  The last thing you want to have happen is to be taken off your feet, because then it’s much more difficult to protect yourself from serious injuries.
• If you get brought down, the best advice is to curl up into a ball and try to protect your belly and chest area.  Cover your neck with your hands and loop your arm around so that it covers your face.  When people roll up into this position and don’t move, oftentimes the dogs lose interest.”

If you or someone you know has been injured in pit bull or other dog or animal attack, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

The Olympic motto is “Citius, Altius, Fortius.”  These Latin words mean “Swifter, Higher, Stronger.”  But at this winter’s Games in Vancouver, perhaps the motto should be “too fast, too steep, too dangerous !”

Concerned about injuries and death on the slopes of the 2010 Winter Olympics, Herndon sports injury lawyer Doug Landau wonders about the safety engineering at these Games

I had previously noted the fatal crash that killed the Luger from Georgia.  As pointed out by my new American Association for Justice friend and fellow New Jersey trial lawyer Anthony Sellitto, of Toms River, “the young luge athlete from Georgia loses control around a bend – hits the opposite wall and becomes airborne.  The video link is graphic.   The design problem is that right along the track they have a row of steel columns right next to the track that support the roof over it.  Sort of like the columns in the tunnel that killed Princess D.”   The Georgian Olympic athlete flew right into a column.  Why would anyone build something like this without thinking of what would happen if someone left the track which is expected to happen on a luge course from time to time ? I wonder if they send down unmanned, but weighted luges to see what happens once the course construction is completed.

Slowing this course down isn’t the answer – because luge athletes can lose control at slower speeds and become airborne at this curve.  They have to put up some type of protection in between or alongside the columns – sort of like a Jersey Barrier.  That’s what these Jersey boys think.  Engineering design requires that the greater the potential injury, the greater the care to prevent such harm that is required.

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

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.

The death of a young Luge athlete from Georgia  and a U.S. snowboarder suffering a serious brain injury on the halfpipe during a December practice remind us of the risks inherent in Winter Olympic sports.  While Ashburn accident lawyer Doug Landau notes that while winter sport injuries can  be permanent, athletes do not normally have legal claims since they are presumed to have “assumed the risk of harm.”  The winter triathlete lawyer points out that if an injured sportsman tried to bring a claim for his injuries in Virginia, a judge would instruct a jury that:

• “If you find by the greater weight of the evidence that the injured athlete fully understood the nature and extent of a known danger and if the disabled sportsman voluntarily exposed himself to it, the competitor assumed the risk of injuring himself from that danger.  The injured plaintiff CANNOT recover for injuries that resulted from assuming the risk of a known danger.” [from Virginia Model Jury Instruction 6.100]

This rule applies in Virginia and some other states no matter how serious or disabling the injuries.  Even if the sled or skiing crash or snowboarding fall results in death, this very strict common law rule applies in this jurisdiction.  According to a report in today’s USA Today there have been other serious winter sport injuries, including short-track speed skater J.R. Celski gashing his leg in a crash at the U.S. Olympic trials and several Alpine skiers injuring themselves on icy slopes.  Sports writer Vicki Michaelis notes that, “this season has brought a series of reminders of the perilous nature of many ratings-grabbing winter events.”  Lawyer Landau hopes that the remainder of the Winter Olympic Games are safe, injury-free and wonderful to watch.

The Landaus were the couples married over 20 years winners at the race to support Women's Wellness at the Coral Springs Medical Cente, Broward County, Florida

Woman’s wellness is a cause near and dear to Loudoun and Leesburg lawyer Doug Landau.  So he and his bride participated in the 5th Annual Race For Women’s Wellness 5K Run.  It was no accident that Landau, married a quarter of a century, wanted to compete in this South Florida race.  This Valentines Holiday Weekend race had several unusual award categories, including: “Couples married less than 10 years, 10-20 years and over 20 years, as well as “significant others’.”  The Landaus were up for the challenge of the senior couples category in this competitive Broward County Florida event.  The Triathlon Trial Lawyer was amused by the freezing Floridians, who were not used to 40 degree temperatures and blustery winds.  Landau went off with the lead pack, averaging 6:39/mile and managed to finish 8th overall, winning his age group by 10 seconds.  His bride, despite plantar fascitis from a half marathon the prior week, bravely ran strong despite this often debilitating sports injury.  More importantly, the Landaus won the “Husband Wife Team – Married 20+ years” and beat almost all of the other, younger teams, as well.  For results, go to eteamz AccuchipTiming.

Age Group & Couples Division winner Doug Landau faces the "paparazzi" with other top finishers this weekend

His bride, despite plantar fascitis from a half marathon the prior week, resolutely ran despite this often debilitating sports injury.  The trophies from this and Landau’s other successful winter races will likely end up in the parlor at the ABRAMS LANDAU Law Shop building in Herndon, Virginia, as Mrs. Landau does not want any more of the Triathlon Trial Lawyer’s accolades cluttering up the house !

Golf injury lawyer Doug Landau examines a model with no seat belts, back rests, railing or other golf cart safety devices

While golf carts look like fun, safe vehicles for traveling over golf courses, retirement homes and areas where short trips are the norm, they can be dangerous just like any other motor vehicle according to car crash injury lawyer Doug Landau.   Golf cart safety has been in the news because the number of people hurt in golf carts has more than doubled, researchers say. Part of the problem is that the carts are faster than they used to be and they move with very little noise, unlike a diesel or gas engine car.  The ABRAMS LANDAU trial lawyer notes that golf carts are also being used in ways they were not necessarily intended for and are carrying people — especially children — they should not.  Writing in the July issue of The American Journal of Preventive Medicine, the researchers said that from 1990 to 2006, the injury rate had doubled. The lead author is Daniel Watson of Ohio State University.

Over the period studied, the researchers counted injuries in almost 150,000 people ages two months to 96 years. The study found that many of the injuries were caused by falls, which can occur at speeds as low as 11 miles per hour when the cart turns.  Doug Landau has successfully prosecuted golf cart injury case where a golfer was ejected from a cart at relatively low speed.  Newer carts can hit 25 mph. They often lack safety equipment, according to a co-author of the study, Tracy Mehan, a researcher at Nationwide Children’s Hospital. For example, the majority of the carts in use do not have seat belts. A lack of front brakes makes the vehicles prone to fishtail, the study said.  In addition to being injured by falling out, riders are hurt when the carts turn over.    If you, or someone you know, has been injured in a golf cart or golf course accident, please e-mail or call us at ABRAMS LANDAU (703-796-9555)

Tragedy doesn’t discriminate against fame, as NFL receiver Chris Henry’s family and friends learned after the 26 year old fell from the back of a truck and his wounds proved fatal.  At ABRAMS LANDAU we have helped accident victims who have fallen or been ejected from moving vehicles in their negligence cases.  In one case a woman was ejected from the sun roof of her sports car when it rolled at high speed.  While she survived her ejection injuries, Herndon car crash lawyer Doug Landau notes that she was lucky, as the roof was completely crushed after the vehicle finished rolling.  Sometimes smaller clients can slip under a safety belt or come over the back and headrest, with predictably tragic results.

This sad story shows that even the most physically fit people cannot withstand a sudden accident in a moving vehicle. Always use the proper restraints when driving or riding in a car, and please, never ride in the bed of a truck.

Chris Henry’s full story can be found here at ESPN’s website.