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Articles Tagged with personal injury lawyer

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Waivers of liability can be difficult to overcome in personal injury cases. Often, proof of simple, ordinary negligence will not be enough. Instead, what must be shown is proof of gross negligence.shower2

Gross negligence occurs when there is some kind of blatant violation of or clear indifference to a legal duty toward the rights and protection of others. It’s a kind of flagrant and conscious disregard for the use of reasonable care. It doesn’t mean showing the accident/ injury was intentional, but rather showing an extreme lack of care that is likely to cause foreseeable, serious harm to someone else. In some cases, an assertion of gross negligence will support a recovery of punitive damages too, though there usually needs to be evidence of willful, wanton misconduct.

In the case of Anderson v. Fitness International LLC, the question was whether plaintiff had sufficiently proven gross negligence to overcome the protection that his signed waiver of liability had afforded the defense. A California appeals court ruled: No. Continue reading →

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A habit for fitness is supposed to be a good thing. However, an increasing number of brain injury cases are cropping up at gyms across the country, particularly involving falls from treadmills.treadmill2

You may recall the headlines last year when Dave Goldberg, the 47-year-old chief executive of $2 billion company SurveyMonkey, died unexpectedly after falling off a treadmill on vacation. The husband of Facebook’s CEO Sheryl Sandberg, Goldberg suffered massive head injuries.

The case of 60-year-old Etelvina Jimenez was far less high-profile, though it was highlighted recently in the Sacramento Bee. In 2011, Jimenez reportedly fainted while on a treadmill at a 24 Hour Fitness location. She fell backward and hit her head on equipment, suffering numerous skull fractures. Although the facility may not have been able to prevent her fainting or protect her from all injuries, improper placement of other equipment too close to the rear of the treadmill is a real problem at many facilities, who try to pack as many pieces of equipment as they can into a space – despite manufacturer instructions. Continue reading →

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Disney World is facing a serious liability after a fatal alligator attack at one of its resorts that claimed the life of a 2-year-old boy. The toddler had been splashing in 6 inches of water along the shore of a man-made lagoon, where the resort invited guests to gather that evening to watch an outdoor movie.alligator5

Posted alongside of the shore were a number of “No Swimming” signs, but nowhere did it mention the threat of alligators – despite the fact that alligators were known to live in the water and further, staffers had complained to management that guests had been feeding the gators and they feared there would be an incident.

Legal analysts and personal injury attorneys reviewing the known facts of the case have largely concluded that those “No Swimming” signs probably weren’t enough to issue an adequate warning for a serious risk that was foreseeable. The park, which attracts 55 million visitors annually, cooperated with wildlife officials and law enforcement in terminating six alligators on the premises and have also created additional barriers to the site. However, these actions will not be enough to shield the company from liability. Continue reading →

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Vacationers and thrill-seekers know that Florida, with its seemingly endless coastline, is the perfect location for parasailing. Summer is when the activity really takes off.oceanview

While it can be an amazing experience, the problem, as noted by a special investigation by the National Transportation Safety Board (NTSB) is that it is largely unregulated. In fact, serious parasailing accidents are mostly the result of faulty equipment.

It’s estimated that each year, approximately 5 million people across the U.S. participate in parasailing. The safety of each of these trips is dependent almost solely on the skill of the operator and the condition of the equipment, there are:

  • No federal guidelines or regulations that set specific training or certification for parasailing operators;
  • No federal mandate for inspection of parasailing equipment;
  • No requirement that operators halt operations during unsafe weather.

Continue reading →

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A bouncer at a popular Key West bar is suing former Backstreet Boy Nick Carter after the pop star allegedly attacked staffers and tried to choke the plaintiff for kicking him and his friend out of the establishment for being unruly and disrespectful.handcuffs3

According to The Daily Mail, the bouncer claims the singer physically assaulted him while he was escorting the pair out of the bar, Hog’s Breath Saloon. This was after he reportedly attempted to headbutt the manager of the bar after the staff refused to serve him or his friend any drinks, as they had arrived inebriated. He allegedly became irate and refused to leave after being asked to do so 10 times, staffers said.

Carter, who was recently the runner-up on the popular show, “Dancing With the Stars,” reportedly apologized for his actions, saying he was finding it difficult to “balance a healthy lifestyle” and he is “not perfect.” At the scene, where he was arrested for misdemeanor battery, Carter reportedly told the officers staff at the bar, “acted like Navy Seals.” Continue reading →

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