Archive for the Negligence Cases Category

DSCF3752.JPGThis afternoon Doug Landau once again helped out a partner at the Reston Virginia law firm of Dain, Walker, Sobhani & Nicoli with questions about one of their personal injury cases. The ABRAMS LANDAU trial lawyer is regularly called by experienced lawyers from all over Northern Virginia to assist them and their disabled clients.

Landau went to the Dain, Walker office just last week in order to give guidance to a Persian workers compensation and Social Security Disability claimant. Attorney Cyrus Sobhani of the Reston firm is fluent and is able to discuss with clients their cases in their native language. He and Doug Landau have helped other workers compensation, personal injury and Social Security claimants in the past, and they look forward to working together in the future to assist others from around the world.

All clothing will burn given enough heat or exposure to flames. For example, in a case handled successfully by Doug Landau on behalf of a “Disney on Ice” pyrotechnical engineer, his clothing caught fire because as he attempted to destroy plastic explosives in the Texas dessert, not because of any defect in his garments. We won his workers compensation claim and he went on to recover from his severe burn injuries and the make explosions for the heavy metal rock group “Kiss” in South America and “Toy Story” on ice.

When a fabric does not meet minimal standards, it will ignite and cause devastating injuries. Some defective fabrics or clothes will ignite with only a spark. In those cases, the manufacturer, seller and/or supplier may be held accountable for the burn injuries to the innocent victim. As with ALL product liability cases, prompt investigation is key to the ultimate success of any lawsuit.Some of the worst and most painful injuries we have seen at ABRASMS LANDAU, Ltd. involve burn injuries. Flammable clothing and pajamas can cause serious and permanent injury and death. Clothing meant to be sold to the general public must comply with the Flammable Fabrics Act. Many clothing products have been recalled because they don not comply with the standards of the Flammable Fabrics Act. In evaluating any burn injury case involving a potentially defective garment, we ask, “Does the clothing meet national fire retardant standards ?”

DSCF3658.JPGAll clothing will burn given enough heat or exposure to flames. For example, in a case handled successfully by Doug Landau on behalf of a “Disney on Ice” pyrotechnical engineer, his clothing caught fire because as he attempted to destroy plastic explosives in the Texas dessert, not because of any defect in his garments. We won his workers compensation claim and he went on to recover from his severe burn injuries and the make explosions for the heavy metal rock group “Kiss” in South America and “Toy Story” on ice.

When a fabric does not meet minimal standards, it will ignite and cause devastating injuries. Some defective fabrics or clothes will ignite with only a spark. In those cases, the manufacturer, seller and/or supplier may be held accountable for the burn injuries to the innocent victim. As with ALL product liability cases, prompt investigation is key to the ultimate success of any lawsuit.

DSCF3669.JPGMost car crash cases the Herndon Virginia injury and accident law firm of ABRAMS LANDAU, Ltd. accepts each year have a “Police Accident Report“, “Police Investigation Report” or “Police Accident Reconstruction Report.” These are usually compared to the ambulance emergency and first responder reports in order to verify key facts about the wreck. However, there are incidents where there are no official or law enforcement documentation.  Instances where Virginia and D.C. “Super Lawyer” Doug Landau observed no reports included cases:

  • where the crash happened on private property (i.e., a shopping mall parking lot, unpaved road or farm);
  • where the damage to the cars or cost to repair was under $500; or,
  • where the police where immediately called away to another emergency and those involved in the first wreck denied any injuries at the scene and were not blocking traffic or in peril.

If you have been involved in a car or truck crash, and there are no investigating officers, take notes, pictures and witness information. Otherwise, you may find it difficult, if not impossible to prove your case.

Irwin_on_fire.jpegRecently, Doug Landau was an eye witness to not one, but TWO episodes where a bath robe caught fire.  What was even more startling was the fact that, because of the nature of the absorbent fabric, it was not immediately apparent that the wearer was on fire !  Some synthetic fibers do not give off smoke, and burn with an almost invisible flame !  This makes them extremely dangerous to the wearer, and especially children, who are often vulnerable to burn injuries caused by defective clothing.

In a lawsuit for injuries as a result of flammable clothing, the injured victim must generally prove:

  • The clothing was defective and unreasonably dangerous because it was highly or unusually flammable;
  • The defect in the clothing caused the victim’s injuries;
  • The defendant sold, distributed and/or manufactured the defective clothing or the fabric from which it was made;

If you or someone you know has been injured or burned because of flammable clothing, please contact us at once.

DSCF3689.JPGVirginia sports injury and disability lawyer Doug Landau was thrilled to be joined this year by his friend, and top New York City Trial Lawyer Stephen Peskin and his wife Victoria.   Peskin, a past president of the New York State Trial Lawyers Association, has been featured in Who’s Who in American Law and is a senior member of the board of directors of the American Association for Justice.  Landau has worked with Peskin and other New York City lawyers in his office on injury and accident cases.  Steve is a partner at the Tolmage, Peskin, Harris, Falick law firm and his talented and beautiful bride, Victoria Bond, is an accomplished composer and conductor.  From 1986-1995, Victoria was conductor of the Roanoke Symphony Orchestra and Roanoke Music Director.

Landau and Peskin compare notes and trial strategies at Virginia and American Trial lawyer meetings and conventions.  Triathlon Trial Lawyer Doug Landau makes the annual trip to New York for the Millrose Games, which are considered by many to be the premier indoor track and field meet in the world.  If they ever hold a Masters endurance race for trial lawyers at this Madison Square Garden showcase, Landau thinks he would do quite well on the steeply banked, 11-lap to the mile track.  Landau is scheduled to compete at the United StatesCross Country Championships next weekend at the Agricultural Farm Park in Derwood, Maryland, sponsored by the USATF.

DSCF3507.JPGIn a word, “yes.” If you have a permanent injury or are going to be disabled from work for a long time, you want the best or “Top” lawyer for your case. While Awards and being listed in “The Best Lawyers in America,” “Super Lawyers” and having the highest listing in the Martindale Hubbell National Lawyer Directory, like Doug Landau, are all nice, there is a better way to select legal counsel for your brain injury, car crash or disability case.

One way to decide if a lawyer is competent, experienced and effective, is to actually go and see that lawyer in trial. At ABRAMS LANDAU, Ltd., we encourage clients, their families and prospective clients to come and “see us in action.” We are proud of how we help injured and disabled people. We want people to see what we do in Court and how we do it. And we wish more lawyers and law firms were not scared to do the same. Please call us today to find out when you can watch us “in action” so that you can learn about trial lawyer Doug Landau and the ABRAMS LANDAU team and better understand the process that your own case will follow. (Photo by Doug Landau during his trip to the Galapagos Islands)

DSCF3670.JPGWhile many slip and fall or trip and fall cases have witnesses or videotape recordings, some cases have no eyewitnesses.  These cases are difficult, but not always impossible.  One way that Virginia injury and disability lawyer Doug Landau is able to win these “premises liability” cases for his clients is by showing that the building was unsafe, defective or did not meet applicable building code standards.

Instances where Virginia and D.C. “Super Lawyer” Doug Landau succeeded on behalf of injured clients who had no eyewitnesses to their premises liability included:

1. Unsecured hand rail on an office building steps,
2. Parking garage speed bump carpeted over and out of compliance with the “Americans with Disabilities Act,”
3. Ramp with a slope that was too steep for the conditions,
4. Spilled concrete was allowed to harden and form a “tripping hazard” in a poorly lit shopping mall parking garage, and
5. A drainage grate was missing in a “big box” retail store’s night time delivery parking lot blacktop.

If you or someone you know has been injured in a slip and fall or trip and fall accident, please contact us at ABRAMS LANDAU right away.  Immediate investigation in these cases is important, as the scene often changes and critical evidence “disappears” after someone is hurt.

Stairway falls, unlike those on level surfaces, have resulted in multiple injuries to clients, as there is traumatic impact every time they hit another step, railing or the landing.   In the adult population, falls down stairs may result in serious injuries, particularly head trauma. In a study published in the Journal Emergency Medicine the investigators conducted an analysis of serious injuries caused by stairway falls.  In the study, the group of patients had a significantly higher mortality than other trauma.  In patients who sustained serious injuries from falling down stairs, head injuries were common with acute subdural haematoma occurring in 57% of patients. Head-injured patients had a significantly higher mortality rate than non-head-injured patients.

Not surprising to injury lawyer Doug Landau was the fact that increasing age and higher injury severity scores correlated with poor outcome in all patients. Thirty-nine of the 113 stairway-fall patients (35%) died in hospital compared with 207 of 1091 non-stairway-fall patients (19%) during the same period.  In this study, this group of patients had a significantly higher mortality than other trauma patients.  If you or someone you know fell or was thrown down dangerous or defective steps, contact ABRAMS LANDAU at once.  Prompt investigation of these premises liability case is important, and important legal rights can be lost if immediate action is not taken.

DSCF3497.JPGJust as one pregnancy or clutch can result in two eggs in the nest of this blue footed booby, one accident can result in several potential claims for the injured worker or innocent victim.  At the Herndon Virginia law firm of ABRAMS LANDAU, we see many cases where the client comes to us with a workers compensation claim, and we are also able to successfully represent them in a personal injury case due to a defective product or the negligence of some third party.   We also help those disabled workers whose injuries are permanent with Social Security Disability cases, so that they can access the money that was taken out of their pay checks by the Federal Government BEFORE the usual retirement age.  And, we have some clients for whom we have been successful before the state workers compensation board, the Federal Social Security Administration AND County trial court !

{Photo of blue footed booby, with an EGG AND A CHICK IN THE SAME NEST in the Galapagos, Ecquador, January, 2009, by Doug Landau}

Given the massive nature of the recent peanut butter recall there is much speculation as to whether people made ill by these products will have viable claims.   Lawyers involved point out that a positive salmonella diagnosis will be the key component for these cases.  Either a positive stool culture or a blood test is the definitive way to diagnosis salmonella.  Without a positive diagnosis, legal causation will prove very difficult, even if those affected can establish product identification through an empty package wrapper, container receipt or other documentation.
If you know anyone who was made ill by eating contaminated peanut butter, ask them to keep any packaging or wrappers of the product in a safe place, such as in a ziploc bag or tupperware container.  The label, box, wrapper or food product itself is important evidence that may need to be tested or examined at a later time.  Putting evidence in tamper-proof containers and labeling the date and circumstances can further substantiate meritorious food poisoning claims.  Those consumers who were not diagnosed, but seriously affected, will likely be eligible for a nationwide class action in the months ahead as we are certain many will be filled soon.

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.