Norfolk-Portsmouth Personal Injury Lawyer - Wrongful Death

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Suffolk’s Dog Leash Law Slated for Long Overdue Review and Expansion

Randy Appleton — Tue, 03 Nov 2009 09:41:15 GMT

The Nov. 3 Virginian-Pilot contains a report that will probably surprise most people in Tidewater. To quote the article, “The ‘enforcement areas’” for the city law requiring owners to keep their dogs on leashes when taking the animals off their own property, “omit large swaths of rural Suffolk and some newer housing developments.”

The exceptions—which do not exist in Chesapeake, Norfolk, Portsmouth, or Virginia Beach unless a dog is properly and legally used for hunting—have led to situations like one described in the article in which animal control officers could not impound a threatening pit bull because the officers had no legal authority to do so.

I wrote a few months ago that dangerous dogs often have owners who do not take the responsibilities to properly train and control their pets. Few steps are more responsible—or simpler—than keeping a dog on a leash while taking the animal out of the house or outside a fenced yard. At least 20 Americans have already died this year after being attacked by a dog. The final tally for dog bite fatalities in 2009 will probably exceed the number of 23 reached in 2008. And as high as those statistics seem, deaths from dog attacks pale in comparison to the millions of serious injuries that result from dog attacks in the United States each year.

Suffolk city council members have agreed to review their municipal leash law and may vote on an expanded ordinance this December. I hope the council members do act quickly.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. We have experience handling wrongful death cases, and we understand the difficult circumstances which accompany these types of cases.. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Restaurants at Waterside Receive New Alcohol Permits, Could Increase Risk of Drunk Driving and Dangerous Behavior

Emily Mapp Brannon — Sun, 28 Jun 2009 15:15:00 GMT

Waterside is a popular market area in downtown Norfolk, Virginia (VA) that’s been opened for 26 years. However, there has been a spike in raucous behavior – 258 calls for police assistance - and even a shooting in a Waterside parking garage, according to The Virginian-Pilot.

The restaurants inhabiting Waterside have been operating with “special exemptions” to allow the sale of alcoholic beverages. City officials recently passed a new set of “special exemptions” to continue the sale of alcohol.

As an injury lawyer concerned with the safety of our citizens, I believe the sale of alcohol at Waterside is a strong contributing factor to the increase in violence and illegal incidences in the area. I’ve represented clients who were severely injured due to drunken customers at bars and restaurants.

I understand the importance of personal responsibility when it comes to consuming alcohol at a restaurant, but city officials should have implemented stricter guidelines and regulations before granting these new permits to Waterside restaurants.

Here’s a video discussing the future of Waterside and the increased incidences of drunken brawls and violence…

http://www.youtube.com/watch?v=oJOhijTkB10

So often people go out to a restaurant, enjoy a few too many drinks, and then irresponsibly drive home. Our firm has represented numerous clients who’ve suffered horrific injuries due to drunk drivers. I’m not saying Waterside is a haven for drunk drivers, but when you look at the escalation of a police presence at Waterside and the recent shooting, it makes you wonder if a moratorium on alcohol sales may have been a better option, or at least much stricter regulations.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Emily Mapp Brannon

Washington, DC Metro Opens $250,000 “Relief Fund” for Metro Crash Victims

Rick Shapiro — Wed, 24 Jun 2009 15:10:45 GMT

The Washington, DC Metro Board of Directors decided to create a relief fund totaling $250,000 for victims to help cover medical expenses, funerals, and other financial needs, according to foxbaltimore.com.

So far, nine people have been killed and over 50 people have been injured due to the Metro train accident, which occurred on June 22, 2009. Police are investigating the scene of the accident to try and determine the cause, but there is no official explanation at this time.

Many people are suggesting one of the Metro trains was equipped with outdated technology and the Board of Directors were reluctant to spend the necessary funds to update all of their trains. Our firm has written about the myriad of potential causes for the Metro train crash, but we have to wait until a full investigation is complete.

Here is a video providing details on the DC Metro crash investigation…

http://www.youtube.com/watch?v=-V1m7ATjGc8

The DC Metro Board of Directors made a wise decision to allocate funds to assist victims with their medical expenses and families who lost a loved one with funeral costs, but if it’s determined this accident was caused by negligence on the part of s Metro train operator or a lack of sufficient upgrades by administrators for the trains, $250,000 will not be enough compensation.

As an injury lawyer with over two decades of experience, I’ve represented clients who’ve been severely injured due to horrendous accidents and the DC Metro accident is the worst in Metrorail history. The emotional ramifications for family members who lost a loved one are unquantifiable at this point.

Again, it’s a nice gesture on the Board of Director’s part, but certainly not the end. In addition to properly compensating injured victims and family members who lost a loved one, additional funds must be allocated to properly updating the safety features of these Metro trains. Steps must be taken to ensure this never happens again.

Originally posted at InjuryBoard by Rick Shapiro

Fog, Rain or Ice Can Result in Car Wrecks and Death

Randy Appleton — Sat, 02 May 2009 15:01:06 GMT

Difficult weather and road conditions can contribute to major collisions on the highways in Virginia and leave drivers and passengers dead on the roadway. Every day there are serious automobile accidents with fatalities on Virginia (VA) highways as I am aware of having practiced personal injury and wrongful death law for over 25 years. Even if you are not a personal injury attorney who pays attention to such things, all you have to do is watch the evening news or read the newspaper in Hampton Roads, Virginia and you will see all of the horrible combinations of ways in which people die in car crashes. Most car and truck wrecks are preventable if the drivers pay more attention to road conditions, including the weather. If you see that it is going to be raining during your drive to work from the City of Suffolk, Virginia to Poquoson on the peninsula, you need to prepare to avoid accidents by leaving early. If you are not in a rush, you may have a greater chance of getting home safely to your wife and children than if you fail to take the time to drive only as fast as conditions permit. You do not want to be thinking what you should have done differently after someone has died as a result of your fault behind the wheel. Please take a look at an interesting piece about the law of Virginia as it relates to driving in rain and fog on a recent post by my law partner John Cooper.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the Northeast North Carolina (NC) border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Randy Appleton

Scuba Diving Accidents & Product Recall: Know Your Equipment and Your Dive/Sports Companies

Emily Mapp Brannon — Thu, 19 Mar 2009 18:44:43 GMT

Recently Silent Diving Systems made a voluntary recall on their Crimped Low Pressure Diving Hoses. The reason for the recall was due to the possibility that diving hoses may have been made without crimps which can allow gas to leak or water to enter into the re-breather unit of the scuba diving equipment, posing a drowning hazard to the diver. If the product defect goes unnoticed, death or catastrophic injuries could occur.

Devastating injuries or death can occur on commercial dives, and it is unclear if errors may be involved in the case involving the death of Joanne Page, 51 of North Carolina (NC). Page went on a dive with her boyfriend, Eugene Jackson, on a commercial dive boat in the Florida Keys in October 2008. They performed a dive previously in the day without a problem but on the second dive they had surfaced 100 meters from the dive boat. Jackson stated they had struggled against a very strong current but could not make any headway. After about a half hour of swimming Jackson noticed that Page had fallen behind. When he looked back she was face down in the water and appeared unconscious. The commercial boats dive crew did not notice the missing couple until other divers returned and they did a head count. The Coast Guard and Florida Fish & Wildlife Conservation Commission responded to the emergency call. They found Jackson struggling to revive Page. Page was found dead on the scene.

Knowing your product recalls and checking on the pertinent safety rules and practices/history of a tourism dive/sports company may keep you from suffering an accident/injury or the death of a family member from negligence of a dive/sports company. Plan your trip, whether in VA, NC or elsewhere, in advance and do background research on the companies involved. Ask questions about the types of equipment they use and check the appropriate recall websites.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia, with offices in northeast NC and Virginia Beach (VA), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits three injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a video library covering many FAQ’s on personal injury subjects

Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia Beach Woman's Family Recovers Nominal Damages for Wrongful Death/ Negligent Homicide against German Government Official in Skiing Death Case

Rick Shapiro — Thu, 05 Mar 2009 21:23:56 GMT

The family and widower of Beata Christandl obtained a small, nominal recovery in wrongful death/negligent homicide ruling from a Austrian court relating to her death in an unusual skiing accident that occurred in Austria. Dieter Althaus, a German state governor, was skiing in the wrong direction at an intersection of two ski slopes when he collided with Christandl. She was not wearing a ski helmet, and he was. She died as a result of her injuries. Altaus was essentially convicted of negligent homicide and ordered to pay $6300, together with $41,550 in fines. Is this Austria’s form of full compensation for an admitted wrongful death? Clearly, there is something lacking in the court award, but it is unclear how involved the family was in the Austrian court case, and it appears that this action was more a restitution action than what in the USA is called a wrongful death case.

Under the Austrian justice system, Althous essentially admitted negligent homicide in his own testimony where he testified “ I stand by my responsibility, as it is shown by the reconstruction of the accident, although I cannot remember the skiing accident." The widower is a colonel in the Austrian army assigned to the NATO base in Norfolk, Virginia.

I am an avid skier and began wearing a ski helmet several years ago after avoiding this very slight inconvenience for several years. There is no question: wearing a ski helmet can save a life as brain injuries can and do occur at ski resorts. Within a few days, I got used to wearing a ski helmet and actually enjoy wearing it as it does keep your head warm, will not slip off in the wind like a cap due to the chinstrap, and these are apart from the obvious safety reasons highlighted by this skiing accident case.

Our law firm has handled skiing accident cases which do not fully involve accidents caused by another skier. Ski resorts cannot be sued for routine dangers associated with recreational skiing, but most state laws allow accident claims against ski resorts for creating a dangerous, artificial condition at the ski resort. What is an artificial condition? Things such as poles, active grooming equipment, fencing and similar artificial structures. In one of our cases, a young woman suffered a significant knee injury when the ski lift operator failed to promptly hit the correct button after snowboarders bumped into her while she was getting ready to get on the chair lift. We alleged that the ski lift operator accidentally hit the wrong button actually. In another case involving an injured client we alleged that an artificial condition, a flimsy plastic barrier, did not prevent the client from a falling over a steep embankment.

Originally posted at InjuryBoard by Rick Shapiro

Mediation is Key to Best Outcomes in Virginia (VA) Wrongful Death Cases

Jim Lewis — Sat, 24 Jan 2009 08:55:46 GMT

The handling of a wrongful death case in Virginia or any state is one of the hardest kinds of cases that a personal injury lawyer is called upon to handle. The need to really get to know your client by visiting the family home and perhaps going to the gravesite of their deceased loved one is critical to understanding and being able to present the losses and grief caused by someone else’s fault. Because the death of a family member in an accident is such a devastating emotional event in the life of the widow or children left behind, it is often a great blessing if the case can be resolved through agreement to settle the case at mediation if a fair value can be reached with the insurance company for the at-fault company or individual.

Our law firm prides itself on being able to achieve the best possible results at the mediation phase by really getting to know our clients, knowing how to put on a mediation presentation with real impact, and getting the job done to resolve the case without putting the family through the further pain of a full-blown jury trial. Please read more about our work in the field of mediated settlements of personal injury and wrongful death cases in a recent article written by my fellow lawyer John Cooper.

Originally posted at InjuryBoard by Jim Lewis

Wrongful Death Cases and Family Stress

Randy Appleton — Fri, 23 Jan 2009 13:51:19 GMT

When our law firm handles a wrongful death matter in a car accident case in Virginia (VA), North Carolina (NC) or elsewhere, we try to not only do a great job at getting the most money we can from the insurance company, but also helping the survivors to cope with the emotional toll that the situation has put the family into when someone has been killed as the result of the fault of another driver.

Likewise, when I as a veteran FELA lawyer help a family whose relative has been killed by mesothelioma, a cancer caused by exposure to asbestos in railroad work, I have to use all my skill at hearing what the family’s financial and emotional needs are to make sure that those needs are addressed. A good recovery may allow them to move on with their lives as best as possible. This delicate hand holding in the context of wrongful death cases is discussed by my fellow lawyer John Cooper in a recent article he put on our firm’s website.

I hope for you that you never have someone struck down by the fault of another, but if it does, I hope you will have the wisdom to pick a lawyer who has the knowledge and compassion to help you through that difficult situation in the best possible way.

Originally posted at InjuryBoard by Randy Appleton

Boating fatalities and alcohol

John Cooper — Tue, 19 Jun 2007 11:44:13 GMT

Boating in Virginia (VA) and North Carolina (NC) waters is serious fun. Boating collisions often occur because boat operators are not paying sufficient attention in keeping a good look out for other boats. Like automobile accidents, boating wrecks typically occur because of operator error.

There are lots of things that can distract your attention. There are the natural factors, such as the sun, dehydration, and motion. Fatigue can set in as a result of these stressors. However, when you add alcohol to the mix, you really risk having a boating accident. One-third of the collisions that occur on the water involve alcohol. Given we all take drunk driving on the roads seriously, we also should consider the dangers of drunk boating as quite real. Since have a non drinking driver when you go out to the bar with your friends, you should do the same on your vessel.

Please do what you can to keep Hampton Roads' waters safe and fun when you go boating. Remember that in one year 100 people will die in boating accidents and another 4,000 will be injured. Most deaths and injuries did not have to happen and were the result of someone's not being careful enough. Please do what you can to not add to these numbers

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by John Cooper