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.

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.

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 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.

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)

ABRAMS LANDAU received its first shipment of Doug Landau’s new book, “Ten Mistakes That Can Derail Your Bicycle Injury Case.”  Drawing upon over 25 years’ experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer’s court cases in Loudoun County.

In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients.  The easy to read book talks about defective bicycle products, car crashes, cyclists attacked by dogs and head injuries.  There are pictures of cracked helmets from Landau’s head and brain injury cases, as well as discussion of the investigation of these sports injury cases.  The Landau Law Shop is regularly contacted by injured bikers, and this new book is also intended to be a helpful resource for those cases and injured cyclists that we cannot help.  If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

W&OD Trail in Herndon, Virginia

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs.  While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project.  Small bikes and riders coming from Reston are not easily seen as they head West.  And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path.  If you are riding or training on your bike in the area of the W&OD Trail, be careful.  Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank.  It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders.  If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.