Landau Injury Law

Having handled cases where clients have been injured when a chair collapsed or broke out from under them, Reston and Herndon Virginia area product and premises liability lawyer Doug Landau knows how painful (and embarrassing) these incidents can be for the injured victim.  In a personal injury case recently brought to Landau’s attention, a Dulles Airport fast food restaurant customer was injured by a broken chair.  The plaintiff was inside the Washington-Dulles Airport and sat in a chair at a Burger King prior to the flight she and her mother were supposed to take to the West Coast.  The chair fell apart, causing plaintiff to be injured.  The plaintiff and her mother looked at the chair and noticed that all of the screws were missing.  The defendant Marriott leased the premises to Burger King, which was affiliated with Capitol Concessions. The parties disputed who was responsible for the upkeep of the premises.

Plaintiff’s counsel alleged that the agreement between the defendants indicated who was responsible for upkeep of the premises.  Counsel for the injured woman argued that the corporate defendant failed to adequately warn patrons of the dangerous condition of the chair and failed to properly inspect the premises, knowing people would use the dining facility in Dulles International Airport.  Plaintiff previously had a spinal fusion and, when she fell, the fusion dislodged and her surgeon had to remove the hardware from her lumbar fusion.  Her surgeon testified that the fusion was the source of plaintiff’s pain and complex regional pain syndrome (CRPS) occurred as a result of the fall.  The injured plaintiff was treated with a pump that provides pain medication on demand, which was considered a permanent solution for her condition.  This divorced woman was previously employed, but was unable to work after the incident and was considered totally disabled.  According to plaintiff’s counsel, the judge moved the settlement along.   The dispute in mediation was about who would pay what percentage of the settlement.  Landau points out that this is not uncommon when there is clear liability (fault), but where there are several defendants who may be responsible for the damages incurred by the injured plaintiff.  In this case, the passenger injured at Virginia’s Dulles Airport accepted a $1,450,000 settlement.

Abrams Landau clients came to watch Doug Landau "in action" as he tried a Fairfax nurse's workers comp case

Several ABRAMS LANDAU, Ltd. clients did their “homework” and came to watch Doug Landau try a case in Fairfax on behalf of an injured Fairfax nurse.  This wonderful woman had devoted almost her entire work life to helping others in the hospital nursing field.  She was a nurse with the INOVA system for over 3 decades !  Yet, when she injured herself several years ago and tried to pursue a claim on her own, the hospital denied her workers comp benefits, hired lawyers to defeat her claim and she lost in front of one of the judges in Fairfax.  She then returned to work, taking care of pregnant mothers and newborn babies in one of the busiest hospitals in the state of Virginia.  She was tripped up in a fetal monitor’s wires and thrown down to the ground.  She was injured and faced long term disability and physical therapy.  The hospital again denied her claim and hired a law firm to win the case in court.

This time the nurse called ABRAMS LANDAU, albeit “at the 24th hour” – right before her deposition and less than 2 weeks before her Hearing before the judge !  Bristow, Bradley Farms and Lake Anna injury lawyer Doug Landau was able to help the nurse prepare for her “day in court” and get this mistreated woman under the protection of an Award.  The clients who came and watched learned where to sit, park and what occurs in contested workplace injury cases.  These injured workers also got so see lawyer Landau “in action,” which is enormously important in eliminating a lot anxiety and “unknowns.”  As the only law firm that routinely invites clients, their families, friends, neighbors and witnesses to come and watch “real” cases (as opposed to those  on television), please e-mail or call ABRAMS LANDAU, Ltd. (703-796-9555) to see when next we are trying cases in your area.   Learn by watching “the real thing.”  You and your family will be glad you did.

There is one cost item that is common to truck/car crash, slip and fall and dog bite cases.  Purcellville and Middleburg area injury lawyer Doug Landau points out that in each of these cases, the PLAINTIFF must put on proof of her injuries and losses.  Expert medical testimony is generally required for such issues as:

1. permanent injury,
2. future medical treatment,
3. causation,
4. pre-existing conditions,
5. complications,
6. life expectancy,
7. plastic surgery for scars,
8. impairment,
9. job restrictions and
10. disability from work

Doug Landau uses professionally prepared medical illustrations in court and in mediation to prove his client's injuries. This piece of evidence is expensive, but not nearly as expensive as the doctor's testimony in court.

ABRAMS LANDAU, Ltd. was advised this week that a major orthopedic group in the Commonwealth of Virginia has doctors who charge $1,500/hour for preparation, depositions, medico-legal meetings, etc. and $8,000 for court appearance.  In other words, for an injured plaintiff to put competent proof before the judge and jury, $10,000 will be spent for the medical evidence from the treating doctor.  In cases in New York CIty and other “high priced” jurisdictions, it cost much more than $10,000 to properly present medical evidence in court.  Most other expenses pale in comparison, with exhibit notebooks and subpoenas costing less than $100, enlargements of photographs and scene diagrams less than $250, and medical illustrations less than $2,000.  Many law firms that pretend to be personal injury trial firms never invest in these kinds of necessary items.  Doug Landau has seen other so-called “injury lawyers” try cases “on the cheap,” without doctors’ testimony, professional exhibits, subpoenaed witnesses and even translators.  Lawyer Landau advises, “do not be penny wise and pound foolish.  The best advice: get an experienced TRIAL lawyer, one who actually tries cases in court and who invests the necessary time, staff and money that the cases deserve.”

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.

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 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

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 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.

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…)

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.