Legal Category

Kroger Pays Out $2.3 Million in Slip and Fall Lawsuit

By Los Angeles Personal Injury Lawyer on January 26, 2012

Slip and fall cases can be expensive to the companies being sued, but they can be even more so when the offending company is found to have tampered with crucial evidence.

A man from Douglasville, Georgia, has won a $2.3 million lawsuit against the Kroger Co. grocery chain. The plaintiff had slipped on crushed fruit in the deli area of a Kroger store and fell onto his back. As a result, his lawyer said that the man suffered a spinal injury, requiring multiple surgeries totaling $135,000 and losing his ability to work.

What especially got Kroger into hot water was their apparent destruction of crucial video evidence of the slip in question. Kroger lawyers claimed that tapes are only saved for 17 days and the tapes from that day had been erased. They also provided sample images to prove that the camera did not even point in the direction of the fall.

However, a demonstration of the cameras proved that the camera was actually centered on the spot where the fall took place. The judge found that Kroger had destroyed the critical video evidence, and a jury came back with the $2.3 million verdict.

As a personal injury lawyer in Riverside, I’ve dealt with a number of slip-and-fall cases. Being able to provide the proper evidence is all-important in such cases. If you’re ever involved in an unfortunate accident, keep track of everything that happens, and a Riverside personal injury lawyer like myself will hopefully be able to help.


Maine Joins National Elderly Fraud Prevention Program

By Los Angeles Personal Injury Lawyer on December 2, 2011

According to news sources, Maine officials announced that the state will now join the national Elder Investment Fraud and Financial Exploitation program in an attempt to prevent cases of elderly fraud in the state.

The program will entail training medical professionals to identify cases of mild cognitive impairment in the elderly during their diagnosis and helping them spot warning signs to that effect. There is increasing evidence throughout the country that those suffering from mild cognitive impairment are especially at risk of having scammers target their retirement savings.

Retirement savings held by those 65 and older account for about $15 trillion, representing an opportunity for scammers to exploit those suffering from cognitive impairment to invest in business opportunities that are sometimes non-existent, an official said.

Those trained in the program will be instructed on how to proceed should signs of mild cognitive impairment be found.

As a personal injury lawyer Los Angeles, I’ve seen many cases involving the exploitation and abuse of the elderly. I hope this information can help raise awareness about the issue that affect the elderly nationwide. As a Los Angeles personal injury lawyer I urge you to reach out to authorities if you know of any case involving fraud or abuse of an elderly person.


Equal Access to All Bikes is a Necessity

By Los Angeles Personal Injury Lawyer on November 29, 2011

Local news outlets in Colorado report the necessity of many bicycle riders to make city officials understand the necessity of making the access to roadways equal to all different types of bicycles, even when it comes to ‘e-bikes’.

According to cyclists, the term e-bike refers to the electric pedal-assisted bicycle that allows the rider to extend their scope while riding throughout the city. The e-bikes are starting to become more popular in places where bikers need to ride up and down different hills.

The acceptance and admission of these new types of bikes will place all bike-friendly cities among the safest ones as well. City officials and communities alike need to understand the need for safer roads where educated drivers and riders will be able to share the space and watch out for one another.

As a Los Angeles bicycle accident lawyer I hope that cyclists and drivers will be able to continue to learn with one another and abide by the law that demands all to share the road they’re traveling on.

Personal injury lawyers in Los Angeles will always be ready to answer your questions related to bicycle accidents caused by distracted or imprudent drivers. Don’t hesitate to contact one in your area whenever it’s necessary.


Consumers Union Says The Oversight of Medical Devices Should be Strengthened

By Los Angeles Personal Injury Lawyer on November 22, 2011

According to various news reports, one of the arm of Consumer Reports, Consumers Union is looking into urging the Congress to make the law governing all approval of medical devices more forceful.

The Food and Drug Administration’s role to review most of the approval of medical apparatus was an important theme discussed this week by the Senate Committee. A letter from the Consumers Union stated that the Congress should make federal regulation sterner when it comes to all medical devices although some Senate members do not agree with the agency’s point of view.

The letter claims that all devices should be subject to a rigorous review by the FDA, especially when it comes to life-sustaining medical devices. Tracking system should be developed, according to the Consumers Union, so that doctors and patients can be dutifully notified when issues related to safety surface. The ‘Safe Patient Project’ urges the government to understand that patients may be at great risk when the oversight of all medical devices fails.

As a Los Angeles wrongful death attorney, I hope that the Senate and the Consumers Union can come to a conclusion regarding this issue so no more patients will be put under unnecessary risks.

Personal injury lawyers are unfortunately very familiar with cases related to medical negligence, if something similar happens to you or a loved one, do not hesitate to call right away.


1,200 Retailers Cited For Violations of The Federal Tobacco Rules

By Los Angeles Personal Injury Lawyer on November 11, 2011

According to recent FDA reports, there have been over 1,200 retailers cited by the agency for breaking federal tobacco laws.

Warning letters were sent to retailers in 15 different states. The FDA claims that since they started inspections under the new 2009 law, they have violated many regulations. Center for Tobacco Products inside the FDA has conducted over 27,000 inspections of stores that sell tobacco products. They seek to lower the number of smoking-related illnesses.

Officials from the Center for Tobacco Products claim that most smokers begin to smoke at a very young age. Most of the time it even starts when the kid is not old enough to buy his or her own cigarettes. The retail community must be the first one to act in accordance to the law and respect and uphold smoking age restrictions.

Most of the citations unfortunately regarded the infringement of laws related to selling tobacco to minors. As soon as the warning letter is received, the retailer must respond in 15 days explaining how they intend to address the alleged violations.

As a Los Angeles personal injury attorney I hope that all retailers that have been cited by the FDA will be able to respond to the letters in a timely manner. Minors should not be allowed to be close to tobacco in any situation, it is against the law. Personal injury lawyers can assist you if you’re ever the victim in a product liability case.


Bills Hope to Lower the cases of Abuse of the Developmentally Disabled

By Los Angeles Personal Injury Lawyer on November 5, 2011

Unfortunately, the abuse of adults carrying developmental disabilities in nursing homes and other health facilities continues, according to many news sources. Following the reports from articles discussing the subject, the only way to change this picture is to have lawmakers working on bills that protect disabled adults from neglect and abuse.

By creating a tougher set of regulations for mental care facilities, adults left under the care of mental health professionals would be much safer.

Reports of malnourishment and neglect are often publicized but little seems to be done to change this tragic reality. A few of the bills that have recently been introduced regarding the subject include “Tara’s Law” and a bill that would hold witnesses of neglected disabled adults accountable. Under this new bill, anyone who ever witnessed an abuse to a patient of a mental facility and didn’t report the occurring could be criminally liable.

As a Los Angels wrongful death attorney, I’m familiar with the tragic causes of fatalities related to the mistreat of disabled adults. Health care professionals should not only be attentive to their colleagues but also to the overall conditions of the facilities they work for. Promoting a professional and ethical environment can make the life of adults who care developmental disabilities much better.

Don’t hesitate to call a personal injury lawyer case you or a loved one is a victim of ethical or professional violations.


San Francisco’s Cell-Phone Warning Requirement Rejected

By Los Angeles Personal Injury Lawyer on November 4, 2011

According to various news sources, an ordinance announced in San Francisco that required all retailers to hang warning signs regarding cellular phone use has been blocked by the U.S. district court. Reports have declared that a Judge of the U.S. District Court for the Northern District of California said that this specific requirement happened to violate the First Amendment to the United States Constitution.

San Francisco prior provision named “Cell Phone Right to Know” requested signs declaring “Studies continue to assess potential health effects of mobile phone use” to be affixed on displays in every cell phone store. The requirement only came to be due to warnings of the World Health Organization group regarding the possible cancer threats phones allegedly pose to users.

Reports from Alsup indicate that the alleged ordinance could be made legal if authorities requested that the signs simply stated the possible risks affiliated to cell phone usage. The fact that the signs carried a warning asserting cell phones pose a definitive threat to the health of all users is misleading.

As a Los Angeles personal injury lawyer I urge all readers to be alert of possible health risks related to products we use in a daily basis. Remember to make all your doubts clear by conversing with your personal injury attorney if you ever find yourself victim in a product liability case.


With a Limited License, Sierra Tucson agrees on Paying Fine

By Los Angeles Personal Injury Lawyer on November 3, 2011

Sierra Tucson, the treatment center located northwest of Tucson near Catalina Arizona has agreed to fulfill the agreement between the for-profit facility and the Arizona Department of Health Services. The center must pay $9,250 in fines for multiple violations.

News sources say that, despite the clinic’s good fame, a few of the violations are related to failing to appositely organize staff members for supervising patients. After a patient was recently found dead, the treatment center has to follow through with the improvements indicated by the Arizona Department of Health Services or face the risk of losing its state behavioral-health license.

According to the office chief for the state’s office, the provisional licensing Sierra Tucson now holds is the evidence of a grave matter. Reports show a severe lack of commitment to the type of care the facility is supposed to offer their patients.

In a year’s time, if Sierra Tucson does not comply with the requested ameliorations, including proper training of the present staff, the Facility’s Level Two license could be revoked indefinitely.  The fact that a patient literally wandered off shows the staff deliberately has no specific training regarding behavioral health.

According to reports, right after the state’s investigation and the disappearance of one of the facility’s patients, there were exactly 42 violations of strict state regulations and laws governing mental and behavioral-health clinics.

The chief executive officer of Sierra Tucson has stated that the encounter with the Arizona Department of Health Services was productive. He claims that the treatment center has already started to execute all the improvements demanded by the state. This is not the first time Sierra Tucson is forced to pay fines to the state because of accidents involving patients. Personal injury lawyers are familiar with the institution.

It was agreed that the Sierra Tucson Center had until Nov. 21 to submit a plan of correction to the state. The Los Angeles personal injury lawyers at Panish Shea & Boyle represents the family of a doctor who died during a stay at Sierra Tucson.


HBO Documentary Sheds Light on Tort Reform and Consumer Rights

By Los Angeles Personal Injury Lawyer on October 10, 2011

Hot Coffee: Is Justice Being Served? is a documentary film that focuses on the influence of big business interest on our civil justice system. The film premiered at the 2011 Sundance Film Festival and has also been shown on HBO, garnering critical acclaim and winning several awards.

The film exposes the public relations campaigns of big businesses such as the tobacco, insurance, and pharmaceutical industries which began in the mid-80s and have continued to this day. The campaigns encouraged the public that our civil justice requires reform, and that we have a disorderly jury system and far too many trivial lawsuits. The film supports the belief that big businesses have put limits on access of the legal system – “the one and only place where an average citizen can go toe to toe with those with money and power and still have a shot at justice,” according to the film’s website.

The filmmaker has used this documentary as a vehicle to inform consumers of their rights and of the injustices being done to them by pro-business and tort reform groups.

As a Los Angeles personal injury lawyer, I am glad to see that this extremely important issue is getting attention. The product liability lawyers at Panish Shea & Boyle believe that consumer who have suffered as a result of the irresponsibility of another party have every right to seek justice, and we are committed to providing legal services to these people. At our law firm, we believe at fault parties should be held responsible for the pain that they cause others. If you or someone you care about has sustained injury as a result of another’s actions or choices, I advise you to seek out the counsel of a personal injury lawyer as soon as possible.


Brian Panish Delivers Address at Treusch Public Service Lecture

On Monday, Brian Panish was honored to have been a guest speaker at the annual Treusch Public Service Lecture at Southwestern Law School, his alma mater.

The Treusch Public Service Lecture was established in 2000 by the late Paul E. Treusch, a member of the Southwestern faculty from 1979-2004, and his wife Phyllis, as an expression of their commitment to public service and legal education.

The lecture series brings national leaders in the field of public interest to the campus to share their insight and experience. Brian Panish’s address followed the screening of the HBO documentary Hot Coffee: Is Justice Being Served?

Before passing away at age 95 in 2006, Professor Treusch described the effort behind establishing the lecture series:

“We believe efforts like this are much needed now, when our profession has been challenged to justify its ethical base. We want to stress to our students that the practice of law is not just a money-making venture, but a profession and a service.”

The lawyers at Panish Shea & Boyle were very proud to have one of their own speak at an event with aims like this one. As a personal injury law firm, we strive to bring justice to those who have been wronged, and work to hold responsible parties accountable for their actions.


Categories
Archives

Los Angeles Trial Lawyer Disclaimer: The personal injury, wrongful death, catastrophic injury, or other legal information presented at this site should not be considered formal legal advice, nor the formation of a lawyer or attorney client relationship. Prior results do not guarantee or predict a similar outcome with respect to any future matter. Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.

Copyright © 2012 Panish Shea & Boyle - Los Angeles Personal Injury Lawyers - California Trial Attorneys - Top Plaintiffs Lawyers Los Angeles California. All rights reserved.

Website Design and Search Engine Optimization by SLS Consulting | Blog Sitemap

11111 Santa Monica Blvd.
Suite 700
Los Angeles CA 90025
P: 310-477-1700
F: 310-477-1699
Toll Free: 1-877-800-1700