Brien Roche Law http://www.brienrochelaw.com Fri, 20 Mar 2015 19:08:44 +0000 en-US hourly 1 Tort Law and Health Care http://www.brienrochelaw.com/blog/tort-law-and-health-care/ http://www.brienrochelaw.com/blog/tort-law-and-health-care/#comments Fri, 20 Mar 2015 18:09:19 +0000 http://www.brienrochelaw.com/?p=7679 Tort Law and Health Care from Brien Roche Law

Within the general field of health care there is a good deal of discussion of tort law and health care because tort actions comprise what are more commonly known as medical malpractice or medical negligence actions.  In medical malpractice or medical negligence … Continue reading

for more personal injury news and views visit, Brien Roche Law

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Tort Law and Health Care from Brien Roche Law

Within the general field of health care there is a good deal of discussion of tort law and health care because tort actions comprise what are more commonly known as medical malpractice or medical negligence actions.  In medical malpractice or medical negligence suit is premised upon the physician or health care provider having violated some standard of care that is recognized in the medical industry.  A standard of care is simply a minimum threshold level of expertise  that the health care provider is expected to exercise in terms of providing medical services to a patient.

The standard of care does not necessarily have to be written down.  Indeed in many instances standards of care are not written down but they are recognized by health care providers as being the minimum standards that should be complied with.

In most medical malpractice actions the primary issue is exactly what is the standard of care.  The plaintiff, i.e. the party bringing the lawsuit, may contend that the standard of care is one thing.  The doctor or health care provider who is defending the case may say that either there is no standard of care or to the contrary that the standard of care is considerably less than what the plaintiff maintains it is.

In some instances there are actually written standards that are promulgated by medical specialties that define what the standard of care is.  That is fairly rare and to the extent that there are such standards or practice guidelines that are published by medical specialists such as the American College of Gynecologists, these groups expressly state that within their practice guidelines these guidelines are not intended to establish a legal standard of care but rather are simply intended to provide some guidance to their practitioners.

For more information on this topic see a book that I have written entitled Law 101 and also other articles within this website dealing with malpractice reform, hospital liability, checking out the doc, medical malpractice.

Brien Roche is an experienced health care injury lawyer serving all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. Call, or contact us for a free consultation.

for more personal injury news and views visit, Brien Roche Law

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Premises Liability Components http://www.brienrochelaw.com/blog/premises-liability-components/ http://www.brienrochelaw.com/blog/premises-liability-components/#comments Sat, 14 Mar 2015 11:47:42 +0000 http://www.brienrochelaw.com/?p=2761 Premises Liability Components from Brien Roche Law

Premises Liability Components Injury attorney Brien Roche reports that one thing that distinguishes premises liability claims from other types of tort claims is that the party who is injured (the plaintiff) must prove that the property owner had notice of … Continue reading

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Premises Liability Components from Brien Roche Law

Premises Liability Components

Injury attorney Brien Roche reports that one thing that distinguishes premises liability claims from other types of tort claims is that the party who is injured (the plaintiff) must prove that the property owner had notice of the defective condition on the premises. For instance, if you slip and fall on a liquid that is on the floor in the local supermarket, do you necessarily have a basis for a claim against the owner of the supermarket? You may not unless you have some evidence of how long that liquid had been on the floor. If it turns out that the liquid had only been there a short period of time and is there because of the actions of some other customer in the store and therefore the property owner did not have a reasonable opportunity to see the liquid and clean it up then there may not be any negligence on the part of that property owner.

The logic of this rule is that a property owner is not necessarily a guarantor of the safety of all persons on his premises but is simply required to exercise ordinary care. Obviously he can only exercise ordinary care as to those defects or deficiencies that he has some knowledge of or that he should have known of. In that same example, if you were able to prove that the liquid had been on the floor for twenty minutes, then that may be sufficient to make out a claim against the property owner because within that period of time it could well be argued to a jury that the property owner should have known that the liquid was on the floor and therefore should have cleaned it up or placed signs out to warn customers of the presence of the wet floor.

Example of Injury Claim

Let me give another example of a premises liability claim that could potentially have some merit. Suppose you are a tenant in a large apartment building where there have been a series of crimes committed resulting in serious personal injuries to the occupants. The property owner is aware of those crimes yet takes no steps whatsoever to warn other tenants of the crime wave in that building and likewise takes no steps to improve security in the building. If you are subsequently assaulted and injured as a result of a person coming onto the premises for the purpose of committing a crime then you may have a claim against that property owner based upon a negligence theory. That is, the property owner knew or should have known that there was a danger to the tenants yet the property owner took no steps to either warn the tenants or to decrease the security risk to the tenants.

Duty of Reasonable Care

Lets look at that claim from the point of view of how the four elements of a tort claim apply. The first element of a tort claim is the establishment of a duty owed by the defendant to the plaintiff. The duty in this case arises out of the relationship of the parties. That is, the property owner or the landlord owes a duty of reasonable care to persons who are lawfully on the premises. You may ask what is reasonable care?

Breach of Duty

Quite frankly, reasonable care is essentially whatever a jury says it is. A textbook definition of reasonable care is that degree of care that a prudent person would exercise in that circumstance. If the landlord in this instance failed to take some steps to warn the tenants or persons lawfully on the premises of the criminal incidents occurring, then that may be evidence of a breach of the duty to exercise reasonable care.

Causation

If in fact the assault in question was perpetrated by some person who was unlawfully on the premises then the third element of a tort claim has been met in that that breach of duty has been shown to be a cause of injury. The final element of a tort claim is simply that of injury or damage. In this case, the injury or damage consists of the personal injury to the plaintiff.

I handle premises liability claims involving structural design flaws, unsafe conditions, environmental hazards and a wide variety of other issues. In many cases, security related premises liability matters involve issues such as physical security standards and generally accepted security practices. In addition to any existing standards, crime statistics, event history, community standards, and specific risk considerations play a part in determining whether an adverse event was foreseeable.

Many slip and fall cases occur in public places such as stores, restaurants, schools and office buildings. Under many circumstances, owners of homes can be found negligent for failing to
follow ordinary standards of care when their negligence results in an injury.

About Brien Roche

Brien Roche is an experienced premises liability lawyer serving all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. If you or someone you know has been injured on someone else’s property, contact us with questions to discuss how we can help.

For additional information, see also tips on premises liability claims and also other articles on that topic in this site.

for more personal injury news and views visit, Brien Roche Law

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Corporate Officer Liability http://www.brienrochelaw.com/blog/corporate-officer-liability/ http://www.brienrochelaw.com/blog/corporate-officer-liability/#comments Mon, 23 Feb 2015 19:02:50 +0000 http://www.brienrochelaw.com/?p=9392 Corporate Officer Liability from Brien Roche Law

Corporate officer liability may be a way of casting a bigger net.  By casting a bigger net I mean attempting to better protect an injured plaintiff from the misdeeds of a corporation.  A corporation can only act through its officers and agents. … Continue reading

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Corporate Officer Liability from Brien Roche Law

Fairfax Personal Injury Lawyer Addresses Corporate Officer Liability

Brien Roche

Corporate officer liability may be a way of casting a bigger net.  By casting a bigger net I mean attempting to better protect an injured plaintiff from the misdeeds of a corporation.  A corporation can only act through its officers and agents.  To put it another way a corporation can only act through its employees or agents.Those employees or agents may be officers or directors and they may be liable for the actions of that corporation just as the corporation is liable.

Corporate Officer Liability-Business judgment Rule

There exists what is called the “business judgment rule”.  The rule is generally thought of as being a presumption.  That presumption is that in making a business decision, the directors of a corporation have acted on an informed basis and have acted in good faith.  It is further presumed that they acted in the honest belief that the action that they are taking was in the best interest of the company.  This rule was designed to protect corporate directors from liability for business decisions.  Any attempt to hold the directors liable must establish that the directors acted with actual knowledge of the wrongdoing.

A question arises as to whether or not that business judgment rule should also be applied to corporate officers.  Officers are people who hold positions such as President, Vice President, Secretary and Treasurer.  The directors are the members of the board of directors.

In general the business judgment rule does not apply to corporate officers i.e. it does not reduce or minimize corporate officer liability.  For instance in the case of FDIC v. Perry, a bank’s chief executive officer was alleged to have negligently permitted the production of a pool of more than $10 billion in risky, residential loans that were intended for sale in the secondary market.  Those bad loans caused the bank to lose $600 million.  The bank eventually closed.  The FDIC became involved and the FDIC sued the former CEO.  The allegation was that the CEO had violated fiduciary duties owed to the bank. It was further alleged that the CEO acted in a negligent fashion.  That is, he allowed the bank to create and also purchase risky loans for sale.  The CEO moved to dismiss the lawsuit.  The Motion to Dismiss was based upon the business judgment rule.  The court in that case held that the Motion to Dismiss should be denied.  The court agreed with the FDIC that the business judgment rule does not apply to corporate officers.  In so concluding, the court noted that no judicial decisions in that state, California, apply the business judgment rule to minimize corporate officer liability.  Another federal court applying federal law in FDIC v. Florescue applied the same principle.

As such it appears that unless a state has extended the business judgment rule to minimize corporate officer liability by statute, it does not apply to them.  The tendency is for courts on their own to not extend the business judgment rule to officers.  By its definition it is limited to directors.

Corporate Officer Liability-Virginia

In Virginia there is no statute that extends the business judgment rule to reduce or minimize corporate officer liability except those employed with what is called a benefit corporation.

For more information on personal injury claims, see the other pages on this site.  Also see the pages on Wikipedia for information on the business judgment rule.

for more personal injury news and views visit, Brien Roche Law

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Injury Claim Mistakes http://www.brienrochelaw.com/blog/injury-claim/ http://www.brienrochelaw.com/blog/injury-claim/#comments Fri, 06 Feb 2015 18:00:09 +0000 http://www.brienrochelaw.com/?p=9385 Injury Claim Mistakes from Brien Roche Law

Injury claim mistakes by the claimant can undermine any claim.  There are many elements to a personal injury case.  There likewise are countless ways that a truly injured person can harm his or her own case.  This harm may come … Continue reading

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Injury Claim Mistakes from Brien Roche Law

Injury claim mistakes by the claimant can undermine any claim.  There are many elements to a personal injury case.  There likewise are countless ways that a truly injured person can harm his or her own case.  This harm may come through mistake or it may be the result of the claimant thinking that he or she knows what is best for her case when in fact that is not so.

Some of those common injury claim mistakes are the following:

  1. Gaps in treatment.  One thing that insurance adjusters look for routinely in injury claims is whether or not there is a gap in treatment.  For instance if after the collision you go to the emergency room and then do not seek any further treatment for two (2) months, that gap in treatment is going to be focused on.  The insurance adjuster is going to claim that you must have recovered from the injury otherwise you would have sought more immediate treatment following the emergency room visit. The point to be made is that you should not be seeking treatment if you do not need it.  However if you do need it, you need to seek treatment and it needs to be continuous.  If there are gaps in treatment, that is going to hurt your case.
  2. Another common injury claim mistake is misstating the facts.  When you go to the emergency room or when you go to see a doctor, typically you are going to be asked what happened.  You need to state consistently what happened.  Facts are facts.  Do not be adding to those facts.  Do not be subtracting from those facts.  What is so often seen in medical records is that the injured party will report in the emergency room that the striking vehicle was going 5 miles per hour and then days later at the time of the first doctor’s visit, suddenly that speed is increased to 40 miles per hour.  You need to set in your mind what the facts are and those facts should remain consistent.
  3. Another injury claim mistake is the failure to follow the recommended treatment advice.  If your treating doctor recommends that you go to see a neurosurgeon, then you need to go see a neurosurgeon.  If your treating doctor recommends that you do home exercises, then you need to do those exercises.  If you fail to do that, then the claims adjuster defending your case is going to seize on that and use that as a basis for diminishing your claim.
  4. Another common injury claim mistake is that of exaggerating or minimizing your symptoms.  Your symptoms are your symptoms.  If you have intense back pain then it should be described as being intense back pain.  If your back pain has changed from day to day then you need to point that out to the treating physician.  This does not mean that all of those comments are going to be accurately reported but at least it means that you are reporting what you know.  A common problem in this regard is that some people minimize their symptoms.  Other people may exaggerate their symptoms.  Either way, this practice is going to hurt you in terms of pursuing a claim.  Again you need to simply stick with the facts.
  5. Another injury claim mistake is that of signing away your rights.  Insurance adjusters frequently will show up on your doorstep within days of a collision/injury wanting to either take a recorded statement from you or to get you to sign a medical authorization.  Sometimes they will even wave a check in front of you and try to get you to sign a release of all claims.  You need to be careful that you know what you are doing.  As a general rule you do not want to settle a personal injury claim until you have either recovered 100% or gotten as well as you are going to get.  If you are contemplating hiring an attorney, you should not be dealing with a claims adjuster about anything.  In particular you should not be giving any recorded statements.  Claims adjusters, in their own way, attempt to be honest but they have a habit of asking leading questions when they are taking a recorded statement.  A leading question is one that suggests what the answer is.  In doing that they frequently wind up getting the injured party so say something they did not mean.  Once they have a recording reflecting that then at that point your case has been jeopardized.
  6. Pursuing chiropractic care can in some instances be an injury claim mistake.  I am not a big fan of chiropractic care.  Insurance adjusters tend to look closely at chiropractic care.  Many chiropractors have a practice of over treating.  They can quickly run up a huge bill and the insurance company will then contest the reasonableness of the bill.  If you are going to pursue chiropractic care, you need to advise your attorney of that before beginning that care.  You need to also be conscious of the fact that chiropractic care like physical therapy should be of a focused duration.  Chiropractic care that goes on for weeks or months is generally going to be challenged by the insurance company as far as the reasonableness of the care.

Filing a personal injury claim can involve complex legal issues.  Injury claim mistakes may result in the loss of certain legal rights.

For more information about personal injury claims see the other pages on this site.  In regards to personal injury in general see the pages on Wikipedia.

for more personal injury news and views visit, Brien Roche Law

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Car Accidents Caused By Texting While Driving http://www.brienrochelaw.com/blog/texting-while-driving/ http://www.brienrochelaw.com/blog/texting-while-driving/#comments Thu, 05 Feb 2015 18:00:18 +0000 http://www.brienrochelaw.com/?p=9384 Car Accidents Caused By Texting While Driving from Brien Roche Law

Texting while driving is dangerous. Distracted driving presents many dangers that can threaten the lives of the driver, passengers or bystanders. Distracted driving is so dangerous that many states have taken legal action to prohibit the activity. Still, every day, millions of drivers … Continue reading

for more personal injury news and views visit, Brien Roche Law

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Car Accidents Caused By Texting While Driving from Brien Roche Law

Texting while driving is dangerous. Distracted driving presents many dangers that can threaten the lives of the driver, passengers or bystanders. Distracted driving is so dangerous that many states have taken legal action to prohibit the activity. Still, every day, millions of drivers place their fate as well as the fate of others in the palm of their hand. If an accident is caused by a distracted driver, there may be a basis for legal compensation for the injured party.

Dangers of Texting While Driving

Texting while driving can have serious repercussions and consequences. When you’re driving, you need to be alert to the visual and audio cues of the road on which you are driving. Texting while driving, even if only for a few seconds, requires you to take your attention off the road and your surroundings. While you’re attempting to focus and type on a tiny electronic screen, you’re not paying attention to the changing conditions around you. It is at this moment when you are most likely to have an accident. If you’re lucky, the accident will only be a fender bender. However, your accident and injuries may be much more serious than that.

According to the Virginia Tech Transportation Institute, texting while driving makes you 23 times more likely to crash than driving while not distracted. Every year, nearly half a million people are injured by distracted drivers.  Driver distraction causes about 18% of all fatal crashes and crashes resulting in an injury.

Laws Against Texting While Driving

Due to the inherently dangerous nature of distracted driving, one would think that the federal government would have already outlawed texting while driving. Unfortunately, that is not the case. Under the U.S. Constitution, only states can regulate driving safety. Many states have passed laws that make texting while driving illegal. It may be punishable by fine or incarceration. A number of national campaigns focused on eliminating distracted driving have been created in recent years. While their impact is unknown, more awareness and advocacy is a step in the right direction.

Seeking Legal Help

If you have been injured at the hands of a distracted driver, you may be able to receive compensation for your injuries. Contact an experienced personal injury lawyer to handle your case.

For more information on vehicle accidents see the other pages on this site and also see the page on Wikipedia dealing with texting.

for more personal injury news and views visit, Brien Roche Law

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Medicare Liens http://www.brienrochelaw.com/blog/medicare-liens/ http://www.brienrochelaw.com/blog/medicare-liens/#comments Wed, 04 Feb 2015 18:00:11 +0000 http://www.brienrochelaw.com/?p=9383 Medicare Liens from Brien Roche Law

A common hold-up for many personal injury settlements are Medicare liens placed on the injured party by Medicare. Medicare has a right to be reimbursed for their payment of any medical bills related to your personal injury case. Medicare liens … Continue reading

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Medicare Liens from Brien Roche Law

A common hold-up for many personal injury settlements are Medicare liens placed on the injured party by Medicare. Medicare has a right to be reimbursed for their payment of any medical bills related to your personal injury case. Medicare liens may be placed on any payment that you may get in a settlement. A lien protects Medicare’s right to be paid back. Medicare requires those who receive their services to report any possible personal injury claims related to their medical bills. Even if you don’t report your personal injury claim, Medicare will flag your injury for potential personal injury claims. Later, Medicare will contact you to find out if you filed a personal injury claim and the details of the claim.

Listed below are the necessary steps to insure that your personal injury settlement is not held up due to Medicare liens.

Percentage of Settlement Used to Pay Medicare Liens

Medicare usually pays up to a certain percentage of the injured person’s medical bills. For example, if Medicare paid $45,000 of your $70,000 medical bill, Medicare will only attempt to collect the $45,000 from your settlement.

Removing Medicare Liens

Federal law allows Medicare to automatically place a lien on your personal injury settlement. Your lawyer cannot pay out your settlement until Medicare has been paid back. You cannot negotiate your repayment to Medicare. Medicare is entitled to the exact amount of payment that they made towards your medical bills. Once you file your personal injury claim, you should contact Medicare about a possible settlement. From that point on, Medicare will follow your personal injury claim.

Medicare will send you and your lawyer a Contractor’s List of Medical Bills (CLMB). If you agree to the medical expenses listed in the CLMB, then Medicare will typically expect to be paid that amount.  They may make some changes based upon the amount of that you receive.  If you disagree with the assessment of expenses listed in the CLMB, your lawyer will notify the Contractor of the disagreement. The Contractor will review your lawyer’s notification. They will let you know if they agree or disagree. This process can take months. It will
end in either a revised CLMB or a denial of your lawyer’s notification.

There may also be a need for what is called a Medicare Set-Aside.  A Medicare Set-Aside is money that is literally set aside to cover future expenses relating to that same injury.  If Medicare pays for those expenses then Medicare will expect to be paid out of the set-aside amount. The set-aside amount is an estimate of what those future expenses will be.

Seeking Legal Help

If you are filing a personal injury claim, make sure you hire an experienced personal injury lawyer. That attorney will make sure that Medicare liens will not impede your settlement pay out.

For more information on personal injury see the other pages on this site. For more information about Medicare see the page on Wikipedia.

for more personal injury news and views visit, Brien Roche Law

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Washington DC Bike Accidents http://www.brienrochelaw.com/blog/dc-bike-accidents/ http://www.brienrochelaw.com/blog/dc-bike-accidents/#comments Tue, 06 Jan 2015 18:00:48 +0000 http://www.brienrochelaw.com/?p=9364 Washington DC Bike Accidents from Brien Roche Law

Washington DC bike accidents are on the rise.  Between the years 2000 and 2012 the number of people riding to work nationwide has increased. The increase is more than 250 percent.  The DC area ranks third in the percentage of … Continue reading

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Washington DC Bike Accidents from Brien Roche Law

Washington DC bike accidents are on the rise.  Between the years 2000 and 2012 the number of people riding to work nationwide has increased. The increase is more than 250 percent.  The DC area ranks third in the percentage of the population who bike to work.

Under DC law and regulations bicycles are treated as vehicles. Cyclists have to follow the same laws as do the drivers of cars, trucks and motorcycles.

DC Bike Accidents-Confusing Legal Framework

The laws relating to DC bike accidents can be somewhat confusing.  Part of this is due to the different surfaces that cyclists can ride on.  They can ride on the roadway, bike lanes and in some instances on sidewalks.  It is also due to the exposed nature of riding a bike.

In any bike accident case the facts and details are significant.  The type of clothing that the cyclist is wearing may be important.  Likewise what the bike looks like may be important.  All of those factors and many more need to be taken into consideration.

Within DC, cyclists are forbiddedn from riding on the sidewalks in the central business district.  That central business district is specifically defined.

A common occurrence producing DC bike accidents is what is called being “doored”.  That occurs when a motorist opens a vehicle door into the bicyclist.  In that instance it is the fault of the motorist and not the bicyclist.

DC Bike Accidents-Contributory Negligence

The District of Columbia is a contributory negligence jurisdiction.  The other states in the Union that also follow contributory negligence are Alabama, Maryland, North Carolina and Virginia.  Other states have shifted to what is called “comparative negligence”.  Comparative negligence allows the negligence of the two parties to be compared.  For instance if the cyclist is 25% negligent, then the award going to that cyclist will be reduced by 25%.

There is currently pending legislation before the DC City Council to amend the contributory negligence law in DC only for bicyclists.  That legislation is still at the review stage and it is uncertain as to whether or not it will pass.

What is important to keep in mind in regards to DC bike accidents is that all of the laws relating to the motorist apply to bicyclists.  That means that a bicyclist has to stop at a stop sign.  A bicyclist has to stop at a red light.  A bicyclist must adhere to a yield sign.  There are also special regulations dealing with bicyclists entering and exiting bike lanes.

All of those things are important in order to understand DC bike accidents.  For more information on bicycle accidents see the page on Wikipedia.  See also the other pages on this site dealing with bicycle accidents.

About Brien Roche

Brien Roche is an experienced personal injury lawyer,  serving all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. If you’ve been injured in a bike accident, don’t hesitate to call or contact us for a free consultation.

 

for more personal injury news and views visit, Brien Roche Law

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Recreational Vehicle Accidents http://www.brienrochelaw.com/blog/recreational-vehicle-accidents/ http://www.brienrochelaw.com/blog/recreational-vehicle-accidents/#comments Sun, 21 Dec 2014 18:00:41 +0000 http://www.brienrochelaw.com/?p=9355 Recreational Vehicle Accidents from Brien Roche Law

Virginia is a great state for outdoor adventures and off-road excitement. As a state that has both mountains and beaches, Virginia is an outdoor enthusiast’s dream. If you are one of the many residents or visitors that own a recreational … Continue reading

for more personal injury news and views visit, Brien Roche Law

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Recreational Vehicle Accidents from Brien Roche Law

Virginia is a great state for outdoor adventures and off-road excitement. As a state that has both mountains and beaches, Virginia is an outdoor enthusiast’s dream. If you are one of the many residents or visitors that own a recreational vehicle, you can partake in all that this great state has to offer. With that said, there are some important things to consider to avoid recreational vehicle accidents. Due to their very nature, recreational vehicles are inherently dangerous vehicles that must be handled with care. Failure to do so can lead to many serious injuries and expenses that you may have not considered.

What is a Recreational Vehicle?

Recreational vehicles are considered to be any vehicle that you use primarily for recreational activities. The list of land-based RVs includes all-terrain vehicles (ATVs), motor homes, campers, motorcycles, dirt bikes, mopeds and scooters. The list of water-based RVs includes boats, jet skis, and wave runners.

The most dangerous of the land-based RVs are ATVs. ATVs are dangerous due to their propensity to flip-over during intense riding sessions. Along with ATVs, traditional camper trailers pose a serious a risk of danger as well. Due to the large size, obstructed rear visibility and lack of maneuverability, the camper trailers are prone to accidents, ranging from minor fender benders to serious collisions.

Jet skis are considered to be the most dangerous of the water-based RV’s due to a lack of enclosure on the vehicle and the unpredictability of the the water’s surface. Like all RVs, a lack of experience poses the biggest threat to safety. All water-based RV’s should be ridden in open bodies of water that allow for space between riders and distance from swimmers.

Types of Injuries from Recreational Vehicle Accidents

Injuries from recreational vehicle accidents can be very serious in nature, often times fatal. The two most common reasons for accidents are inexperience in using the RV and equipment failure. Sometimes, the lack of experience can make situations involving equipment failure even worse. The most common RV accident-related injuries are disfigurement, paralysis, broke bones, spinal injuries, ligament and muscles tears, and amputation. If an RV is involved in an accident that causes any of these injuries, after dealing with the injury itself, the first thing to do is to determine who is at fault for injury.

Fault in Recreational Vehicle Accidents

Many different parties may be at fault when a RV-related accident occurs. If the accident was caused by an equipment failure, the manufacturer and retailer of the RV may be at fault. If RV driver negligence caused the accident, then the driver may be at fault. If the accident involved both equipment failure and driver negligence, then the manufacturer, retailer and the driver may all be liable for the injuries caused by the accident. Determining who is liable for your injuries will allow you to sue for damages to cover your medical bills as well as pain and suffering.

Seeking Legal Help for Recreational Vehicle Accidents

If you have suffered injuries caused by recreational vehicle accidents, do not hesitate to contact an experienced personal injury lawyer who will provide sound legal counsel you during the litigation process.

For more information on recreational vehicles see the pages on Wikipedia and also see the pages on this website dealing with vehicle accidents.

for more personal injury news and views visit, Brien Roche Law

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Who is Liable for Product Liability Injuries? http://www.brienrochelaw.com/blog/product-liability-injuries/ http://www.brienrochelaw.com/blog/product-liability-injuries/#comments Sat, 20 Dec 2014 18:00:21 +0000 http://www.brienrochelaw.com/?p=9356 Who is Liable for Product Liability Injuries? from Brien Roche Law

If you’ve been injured by a defective product and want to recover damages for the product liability injuries that you have suffered, the first thing that you should do is contact an experienced lawyer. They will help you determine which … Continue reading

for more personal injury news and views visit, Brien Roche Law

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Who is Liable for Product Liability Injuries? from Brien Roche Law

If you’ve been injured by a defective product and want to recover damages for the product liability injuries that you have suffered, the first thing that you should do is contact an experienced lawyer. They will help you determine which person, persons or companies are liable for your injury.  Identifying who may liable to you for the injuries can be a difficult process. In order to determine who is liable, you must determine who is in the chain of distribution, i.e. manufacturers, retailers, wholesalers or distributors. Once you have figured out which parties are liable, you need to include them as defendants in your suit.

Who Can Sue for Product Liability Injuries

In most cases, if you are injured by a defective product, you will be able to sue for your product liability injuries.

Buyer

You don’t have to be the actual buyer of the defective product to sue for damages. If you were injured by a defective product, you may still recover damages. For example, assume your mother bought you a new shampoo to use. After one application of the shampoo, you experience scalp irritation and hair loss. Even though your mother was the actual purchaser of the shampoo, you suffered injuries caused by the shampoo. In this scenario, you may sue the company that manufactured the shampoo.

Product User

You don’t have to be using the defective product at the time of injury to sue for damages. The only requirement you have meet is that you suffered injury that was caused by the defective product. For example, your neighbor is mowing his lawn with a lawnmower. As the neighbor turns the lawnmower to cut a patch of grass, one of the blades flies off and strikes you in the face. You may sue for damages because the defective product caused your product liability injuries.

Who Can be Sued

Any party that is in the chain of distribution may be sued for injuries caused by the defective product in question. The chain of distribution is the path that the product takes from manufacturing to being sold. This path includes a host of different entities from distributors to individual makers of parts and components.

Manufacturers

Manufacturers are at the start of the chain of distribution. Manufacturers include the makers of the defective component of the product and the makers of the defective product.  Manufacturers of the larger defective product are liable because they used a defective part in making the defective product, which led to that product’s defect. For example, you buy a Ford Taurus. One day while driving the Taurus, the stock tire on the car explodes, causing you to drive into a tree and suffer neck injuries. You can sue both Ford, who manufactured the car, and the company that manufactured the tire.

Retailers

Retailers may be liable for your product liability injuries even though they did not manufacture the defective product. The fact that the retailer sold you the defective put it within the chain of distribution and is thus subject to product liability.

Wholesalers and Distributors

Wholesalers and distributors make up the middle part of the chain of distribution. Because they are the driving force in moving the defective product from manufacturer to retailer, they may be liable for injuries caused by a defective product.  Be sure these entities are in your suit for product liability injuries.

Seeking Legal Help For Product Liability Injuries

Experienced legal counsel can help determine who you can sue for damages due to your injury. Choosing a lawyer specialized in products liability will be a great help to you as you seek damages for your injury.

For more information on product liability see the page on Wikipedia. For further information on product defects see the other pages on this site.

for more personal injury news and views visit, Brien Roche Law

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Surgery Center Negligence http://www.brienrochelaw.com/blog/surgery-center-negligence/ http://www.brienrochelaw.com/blog/surgery-center-negligence/#comments Fri, 19 Dec 2014 18:00:32 +0000 http://www.brienrochelaw.com/?p=9357 Surgery Center Negligence from Brien Roche Law

Surgery center negligence has become a big issue since the death of Joan Rivers. Joan Rivers, the famous comedian, passed away during the course of a routine procedure.  The procedure was performed in a surgery center operated by her GI … Continue reading

for more personal injury news and views visit, Brien Roche Law

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Surgery Center Negligence from Brien Roche Law

Surgery center negligence has become a big issue since the death of Joan Rivers.

Joan Rivers, the famous comedian, passed away during the course of a routine procedure.  The procedure was performed in a surgery center operated by her GI doctor.  The doctor at the time was performing an endoscopy.  An endoscopy is where a scope is placed down the esophagus to look at the esophagus and also to look at the stomach if need be.

The 81 year-old comedian died on September 4th,2014 after suffering brain damage.  The surgery center in this case was located in Manhattan.

Surgery Center Negligence-The Risks

Federal officials have investigated the death.  They have found numerous violations.  The violations consist of failure to notice or take action to correct Rivers deteriorating vital signs for 15 minutes.  There was also a discrepancy in the medical records of the amount of anesthesia she received.  There was an apparent failure to weigh Rivers.  That should have been done in order to calculate the amount of anesthesia she needed.  In addition a procedure was performed which Rivers had not given consent to. No determination has been made as to actual surgery center negligence.

The Ambulatory Surgery Center Association of course defends the conduct of their members and denies any prevalence of surgery center negligence.

A 2013 study by the University of Michigan analyzed over 200,000 outpatient surgeries between 2005 and 2010 to determine what the significant risk factors were.  They found there to be seven (7) risk factors associated with surgery within 72 hours of the surgery.  The most common of those are the patient being overweight, having obstructive lung disease or hypertension.

The Consumers Union has been keeping a close eye on the performance of surgery centers.  They maintain that hospitals are more tightly regulated than surgery centers.  Hospitals have to report on many more aspects of what they do such as errors and infections.  The number of surgery centers has increased dramatically over the years.  In addition the number of procedures they perform has increased dramatically.  They now perform colonoscopies, cataract removal, joint repairs and spinal injections.  This is all done as an outpatient.  In fact more than two-thirds (2/3) of operations performed in the U.S. now occur in outpatient centers.  Some of those outpatient centers are owned by hospitals.  Most of the surgery centers however are owned by the doctors who operate there.  In 2011 the number of procedures performed in surgery centers was 23 million.

One advantage of going to a surgery center is that it avoids the exposure to infections, chaos and delay that frequently are seen at hospitals.  The risk of going to a surgery center is that the surgery center personnel typically are not as well trained or equipped to deal with a sudden emergency.  One thing to look for in any surgery center is whether or not it has a crash cart.  That is a wheeled cart containing a defibrillator, medicines and other lifesaving supplies that are standard in hospitals.

Surgery Center Negligence: Pre-Screening

What is critical in the operation of surgery centers is pre-screening.  Pre-screening means that unhealthy patients are weeded out and referred to hospitals.  Hospitals are better able to deal with patients with such conditions as obesity, sleep apnea and breathing difficulties.  All of these people may need to have their procedure done at a hospital.

Hospitals are more likely to be fully equipped and to have staff members with greater experience in handling emergencies.  In general, unless the personnel have drilled for it and trained for, it is going to be difficult for them to deal with a true emergency at a surgery center.

Postoperative infections in hospitals have been a source of concern for many years.  Little is known about the rate of post-surgery infections at surgery centers. Surgery center negligence in that regard is difficult to gauge.

Surgery Center Negligence-What To Ask

In looking at any surgery center for your procedure it is important to ask open-ended questions such as “How are you going to deal with an infection that may arise?”  “How are you going to deal with a medical emergency that arises during the course of my procedure?”  Those are all pertinent and fair questions to ask.

For more information on surgery centers see the pages on Wikipedia.

For more information on medical malpractice and surgery center negligence see the other pages on this site.

for more personal injury news and views visit, Brien Roche Law

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