Archive for the Premises liability Category

“PICC” (or “PIC line”) is a form of intravenous (”IV”) access that can be used for a prolonged period of time (i.e., extended antibiotic therapy).  However, what most people don’t know is that these lines can also cause significant damage to nerves if not inserted and removed properly.

Warrenton and Fauquier County dog attack injury lawyer Doug Landau has recently been consulted in a case involving precisely this type of damage.  A Warrenton Virginia area client was attacked by dogs when he arrived at a residence to do repair work.  The trained attack dogs came at him without provocation, and he was bitten in his dominant hand.  The would became septic, and the injured worker was admitted to the Fauquier Hospital for treatment and IV antibiotic therapy.  The infection was treated, but when the PICC line was removed, he had tingling, weakness and pain in his upper extremity on the non-dominant side.    This has left the client with bouts of pain, loss of feeling at different points and an inability to get a full night’s restful sleep.  He also cannot make a tight grip or oppose fingers as he had been accustomed prior to the attack and he workers compensation insurance company is withholding benefits and authorization for further medical care.

Any person suffering similar symptoms should immediately contact a doctor.  They should also document all of their symptoms and communicate these to their doctor and other health care providers.  The longer a patient waits to address these symptoms the greater the risk of permanent injury.  If you or someone you know has been injured in an on the job accident or dog attack and would like our assistance, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

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 injury lawyer Doug Landau wonders about the safety Engineering at this winter's Games

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, 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

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.

The front page of the Washington Examiner screams, “A pothole ate my car.”  While this may seem like sensationalistic journalism, DC car crash and injury lawyer Doug Landau has actually won a case for driver injured by a pothole.

Doug Landau has helped motorists, bikers and athletes injured by potholes and roadway defects

Doug Landau has helped motorists, bikers and athletes injured by potholes, snow, ice and roadway defects

In Landau’s client’s case, the motorist was driving under L’Enfant Plaza, when suddenly, and without any warning, her car was stopped dead.  When she came to, she got out of the car and saw that her front wheel was completely in a large pothole in the darkened underpass.  The pothole had filled with melting snow, and so there was no way for Landau’s client to see the dangerous hazard.  The case went to court in the Superior Court, where experienced  D.C. trial attorney Doug Landau was able to cross examine the District of Columbia’s roadway expert witness so effectively, that he was able to get concessions as to the ability of freezing water to break up concrete and create a dangerous driving hazard.

Reporting potholes so that they will get fixed and other will not get injured or have their cars, trucks or bikes “eaten”:

  • Arlington: 703-228-6570
  • Prince George’s County: 301-952-0555 or 301-776-7619 (upper county)
  • Fairfax: 703-383-8368
  • Montgomery: 240-777-6000 »  District: 311
  • Maryland State Highway Administration: 800-323-6742

Doug Landau has lost hubcaps due to potholes in Virginia, and has driven disabled clients to their Social Security hearings in the District when the roads are unsafe or there is ice and (more…)

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

Ashburn injury lawyer Doug LandauThe 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.

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.