In his lawsuit, the deceased girl’s father alleged he told the host parents, “No boys with cars.”  Despite her agreement to that request, the friend’s mother allegedly permitted her daughter to ride with the boy, which left the victim no choice but to go along.

The case produced an opinion from the Supreme Court of Virginia that a parent who agrees to supervise and care for a child has a common law duty to do so with reasonable care.  The court’s ruling sent the case back to Henrico County Circuit Court for trial. According to the stories in Lawyers Weekly, trial had been scheduled for July, 2010. The plaintiff’s family hopes the case will bring attention to the responsibility that adults have towards children in their care and the risks of teenagers driving with multiple teenage passengers.

Bottom line according to car crash and wrongful death attorney Doug Landau: if you agree to take responsibility for someone else’s kids, you had better do so responsibly.  And if the rule is “No driving with boys,” then, as the supervising parent or adult, you allow no driving.

Herndon and Reston premises liability lawyer Doug Landau notes that immediate investigation is needed in PTSD and head injury cases

Herndon head and facial injury lawyer Doug Landau helped write the Premises Liability books for Lexis Nexis over 25 years ago.  During that time, the ABRAMS LANDAU trial lawyer has helped people severely injured by dangers and defects on property and in buildings.  This includes injuries caused by slippery surfaces, defective steps, missing railings, broken curbs and falling objects in Virginia, New Jersey, Florida, Connecticut, Carolina and the District of Columbia.

In a case from Monmouth County, New Jersey, a light weighing approximately 20 pounds fell from a pull down attic stairs and injured an innocent plaintiff.  The plaintiff was a real estate agent and she was showing a home to a prospective buyer.  The realtor sustained several injuries, including a laceration to her lip and chin, dental injuries, fractured fingers, and post traumatic stress disorder (”PTSD”).  The plaintiff realtor contended that the defendant homeowner negligently kept a 10-20 pound light on the pull down attic steps, resulting in the light falling and striking her as she was showing the home to a prospective buyer. The plaintiff contended that she did not exercise any control over the manner in which the light was stored and that the jury should be instructed regarding Res Ipsa Loquitur.

The real estate saleswoman required 60 sutures.  She contended that the moderate facial scarring was permanent in nature. The plaintiff also contended that she sustained several loose teeth, fractures to the left forefinger and thumb which will cause permanent pain and restriction and bruising to the left forearm that resolved.  The plaintiff also maintained that she suffered a post traumatic stress disorder that caused anxiety, flashbacks of the event and difficulties sleeping. The plaintiff’s psychiatrist would have given testimony supporting her injuries and a guarded prognosis.  The defendant contended that any emotional reaction essentially resolved and that the dental and finger injuries resolved.  The case settled prior to trial.

Because there are strict time limits for claims against property owners, building managers and homeowners,  if you or someone you know has been injured in an premises liability or other accident caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Because there are strict time limits for claims against cruise lines, resorts, property owners and recreational facilities if you or someone you know has been injured in an premises liability or other accident caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

If you or someone you know has been injured by a dog or other animal caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

So if a pit bull that has a history known for absence of aggressive behavior one day attacks someone without provocation, then we conclude after the fact that it must have happened because of how the owner had treated it?  And if the dog never did the attack, we conclude the owner is a good owner ?  Not necessarily.  Statistically, Pit Bulls are one of the most likely breeds of dogs to attack a human being, and they have a natural propensity to attack and bite hard.  They were bred as a fighting dog, when society accepted that as a sport.  One neighbor and pit bull  owner told me that they were bred to fight lions and other animals in the Roman Colosseum.

However, the type or breed of a dog is not sufficient in Virginia to cause a jury to find for the injured dog attack victim.  In a dog bite case, the injured plaintiff must still prove negligence.  To prove this point from an evidentiary standpoint, the injured victim will usually need an expert unless in pre-trial investigation or during discovery it came out that the dog had several prior attacks on humans.  There is no question that there are good dog owners that can train a Pit Bull to be well behaved and others who can cause an otherwise docile breed of canine to be vicious and dangerous.  See tomorrow’s post for a friend’s use of a trainer to prove negligence in a pit bull dog attack case where there were no “prior bites” or other attacks.

If you or someone you know has been injured by a dog or other animal caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

WInchester area lawyers at the Virginia Trial Lawyers Annual Convention in Williamsburg

“We know Doug Landau travels all over Virginia and the East Coast, but how does he manage local issues that might affect a case ?”  This is not an unreasonable question.  Herndon Reston and Dulles Airport area in jury lawyer Doug Landau has built up a network of lawyers all over the country who have helped him over the years.   Landau regularly participates in answering and asking questions on national and statewide listServs, travels to teach lawyers all over the country and fosters networking among trial lawyers for injured people and their families.  These lawyers routinely help ABRAMS LANDAU with questions about local doctors, car crashes, premises liability cases, Social Security Disability and workers compensation claims.  Shown here with top Winchester area lawyers Nate Adams and Nick Parthemos at the Virginia Trial Lawyers Association meeting in Williamsburg, Landau has fostered good working relationships with them and other Clarke County attorneys.  These good relations enable workplace injury and car crash lawyer Landau to better assist his disabled clients, wherever their case may arise or they may live or work.

In a recent in jury case where a workers cut a finger in a saw accident, a small Sterling Virginia area employer came to ABRAMS LANDAU because it did not have workers compensation insurance because it had less than 3 full time, regular employees.  The claimant alleged otherwise, and had the Loudoun County employer lost the case, they stood to lose many thousands of dollars and face fines and other penalties from the Virginia Workers Compensation Commission.  Landau agreed to represent this employer on an hourly basis, with an advance Retainer as against his costs and fees.  This can get very expensive, as proper preparation for this kind of court Hearing normally requires 10 hours of time, which at $600/hour, is why an advance of $5-10,000 is normally required for these very few hourly cases Landau will agree to accept.  The vast majority of cases at ABRAMS LANDAU are on a “contingency fee” Retainer, where the client only pays legal fees if the Herndon Reston law firm is successful.  While costs and expenses are always to be reimbursed, in most contingency fee cases, the injured clients are generally not able to advance any costs, so the firm undertakes what are “interest free loans” while the case is progressing.

In the Loudoun County saw accident case, Landau was able to save the employer from having to go to court, pay fines and from having to pay a potentially large Award.  Landau secured a settlement of less than $2,000 and also drafted a new engagement letter for this client so that all future workers engaged by them will know to get their own insurance as they are “independent contractors” and the company does not have the number of employees necessary for coverage under the Virginia Workers Compensation Act.  If you or someone you know has a company that needs advice on matters involving workers comp, injury claims, risk management, disability and defense in court, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) as we may be able to help.

Basically, a victim with pretty severe symptoms (typically, someone with a pre-existing, compromised immune system or hypersensitivity to mold) who has been exposed to a large quantity of “bad mold” (like stachybotros) over a sufficiently long period of time that they have suffered some type(s) of permanent injury (i.e., it won’t get better simply by eradicating the mold or removing the victim from the moldy environment) may have a chance of getting fair restitution and payment for what has been taken from them and their families.  If you or your family or friends have questions about mold or sick building illness, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

Herndon, Loudoun & Leesburg Virginia bike crash injury lawyer Doug Landau notes that even on recreational and public park bicycle paths, riders must be aware of the road surfaces, obstacles and potential dangers

After his bike accident with the steel expansion joints on the Lee Bridge in Richmond, Doug Landau noted with interest the recent case of a Connecticut woman who was injured when she struck a steel grate while cycling.  The Hartford Metropolitan District Commission(”MDC”) has been ordered by a Connecticut jury to pay $2.9 million to a woman cyclist who was injured in a bicycle accident in 2002.  According to the Hartford Courant, the jury ruled that the MDC had improperly placed a steel grate on a recreational path.  The woman was on her bike when she hit the steel grate, breaking four vertebrae in her neck.  The jury’s verdict represents reimbursement and restitution for what has been taken from this active athlete.  If you or someone you know has become permanently injured or disabled in a bike accident or car crash, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

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David Carson, moderator Deborah Waters & Doug Landau at the Annual VTLA Tort Law Seminar after the presentation on creative personal injury settlement packages and professional demand letters in Roanoke

Teaming up with another outstanding defense attorney enabled Herndon and South Riding area injury lawyer Doug Landau to show lawyers from South West Virginia how to maximize recovery for their disabled clients.  Roanoke defense lawyer David Carson of Johnson, Ayers & Matthews the view from the insurance company perspective in a “Point Counterpoint” presentation.  The Roanoke audience at this year’s Annual Tort Law Seminar heard from outstanding VTLA speakers as well as judges. Landau and Carson discussed personal injury settlement demand packages.

The two experienced Virginia trial lawyers gave their views and fielded questions from the audience, made up largely of attorneys who had been practicing for many  years.  Carson discussed some of the mistakes made by by lawyers who hold themselves out as being “personal injury lawyers,” but who do not actually try cases, invest properly in their disabled clients’ cases or even go to court.  Doug Landau showed effective ways of proving losses as the result of car crashes, dog attacks, bike accidents and slip and fall incidents.  If you would like to see Mr. Landau “in action,” please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555), as his calendar is an “open book” for trials, speeches, races and meetings.