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document.write('<p class="rss-title"><a class="rss-title" href="http://blogs.findlaw.com/injured.html" target="_self">Injured</a><br /><span class="rss-item"></span></p>');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/uJFmkFhWqPo/plaintiffs-look-to-dcs-lookback-window-to-broaden-boy-scout-sex-abuse-suits.html" target="_self">Plaintiffs Look to D.C.\'s \'Lookback Window\' to Broaden Boy Scout Sex Abuse Suits</a><br />');
document.write('Many adults who try to achieve justice for being sexually abused as children discover too late that they\'ve run out of time to file a claim. In the legal system it\'s known as a &quot;statue of limitations,&quot; and it\'s at the heart of a novel civil lawsuit that\'s been filed in Washington, D.C. against the Boy Scouts of America. The suit\'s eight plaintiffs, who contend that they were sexually abused when they were young Scouts, are seeking to get around the statutes of limitation in their own states by arguing that their case should be heard in the nation\'s capital. Why? Because Washington, D.C. is where BSA was founded and incorporated, and because Washington has opened a two-year &quot;lookback window&quot; that gives victims a chance to bring claims that were previously barred by statutes of limitation. In opening that window in 2019, Washington, D.C. joined 24 states in taking steps to give sexual-abuse victims greater opportunity to file claims. California, for instance, has opened a three-year window for potential claims regardless of age. The eight plaintiffs are not from one of those states, so there\'s not much they can do about the wrongs that may have been done to them long ago ? unless they can convince the U.S. District Court for the District of Columbia that all former Scouts have a right to sue due to BSA\'s alleged physical location. A group of lawyers called Abused in Scouting filed the case in federal district court in Washington, D.C. Jan. 6, saying they sought to hold BSA accountable for &quot;covering up decades of organization-wide sex abuse.&quot; ?Plaintiffs should not be denied a remedy by the happenstance that they were abused as a child by a BSA scoutmaster or scout leader in a state without a window statute,&quot; their complaint reads. In a press release issue Jan. 6, the lawyers group said that it now represents 1,551 men who claim to have been molested while they were in the Scouts. Legal Challenges Facing the Plaintiffs The plaintiffs, however, appear to have an uphill fight on their hands. First, BSA\'s national headquarters is in Irving, Texas; not Washington, D.C. Second, none of the plaintiffs live in D.C. Sexual-abuse cases are typically brought in areas where the incidents occurred. Attorney Phil Cammarata, who represented Bill Clinton accuser Paula Jones and several Bill Cosby accusers, told the Washington Post that the plaintiffs in the Boy Scout case &quot;might have a tough row to hoe.&quot; &quot;They would have to convince a court that somehow, although the act occurred outside of D.C., that the corporation is responsible for the act in D.C.,&quot; he told the Post. The plaintiffs\' lawyers, however, argue that BSA should be held responsible in the D.C. court for abuse throughout the country because the federal charter from Congress makes Washington, D.C. it\'s official home. The charter requires BSA to deliver an annual report to Congress, and the lawyers argue that the organization has been negligent in not informing Congress that it had been &quot;infiltrated by tens of thousands of pedophiles and that hundreds of thousands of Scouts have suffered sexual abuse. BSA withheld this horrific truth, all while marketing scouting as a safe and moral activity for kids.&quot; Related Resources: Boy Scouts Vote to Lift Ban on Gay Members (FindLaw\'s Law and Daily Life) Suit Alleges Molestation Abuse Cover-up by the Boy Scouts (FindLaw\'s Injured) Boy Scout Sex Abuse Files to End up in Court? (FindLaw\'s Blotter)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/qU9ZRfme430/is-it-legal-for-police-to-have-sex-with-those-in-custody.html" target="_self">Is It Legal for Police to Have Sex With Those in Custody?</a><br />');
document.write('Two Pennsylvania lawmakers don\'t think it\'s right that cops in that state can legally have sex with people in their custody. They\'re proposing bills to prohibit it. But before you conclude that Pennsylvania is a weird place for letting their police officers do that, consider this: 31 other states also allow it. We\'re talking consensual sex, mind you. If cops force themselves sexually on those in their custody, they can face criminal charges like anyone else. But the problem here is obvious. Police officers have great authority over people they place in custody. And they can use that authority to convince a detainee to engage in &quot;consensual&quot; sex in exchange for release or leniency. Hundreds of Incidents Nationwide The practice, apparently, is widespread. In 2015, the Buffalo News conducted an exhaustive national analysis of sexual encounters between cops and detainees and found 700 credible cases over a 10-year period. The News found that badge-wearing violators &quot;pulled over drivers to fish for dates, had sex on duty with willing or reluctant partners, extorted favors by threatening arrest and committed rapes.&quot; There\'s been a growing awareness since then, and especially since a highly publicized incident in New York in 2017, that this is a problem. The New York Case The New York case in question involved NYPD officers who were charged with raping a handcuffed 18-year-old woman, whom they\'d arrested on drug charges, in the back of a police van. DNA found on the woman during an exam at a medical center that night matched the officers. After the woman filed charges, the cops responded by saying the sex was consensual. And that argument, as much as anything else, is what fueled widespread outrage in New York. The very counterargument that the officers were making ? that the sex was consensual and they were therefore innocent ? caught people by surprise. Lawmakers were apparently surprised, too, because four months later the legislature passed a law prohibiting consensual sex between police and anyone in custody. After New York acted, reducing the number of states allowing sex between cops and detainees, three more states followed suit. The two officers voluntarily resigned from the NYPD, but the story roared back to life in October of this when a judge hearing the case against them announced his decision. The two men would serve no jail time. Instead, they were sentenced to five years\' probation. The ruling provoked another outcry. And more reactions, like those of the two lawmakers in Pennsylvania, that laws need to change. Related Resources: What Procedures Must the Police Follow When Making an Arrest? (FindLaw\'s Learn About the Law) When Is an Arrest a Legal Arrest? (FindLaw\'s Learn About the Law) How to Interact With Police (FindLaw\'s Learn About the Law) Find Sexual Abuse Lawyers Near You (FindLaw\'s Lawyer Directory)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/y5nioG6mFR0/can-video-games-be-addictive-fortnite-lawsuit-says-yes.html" target="_self">Can Video Games Be Addictive? Fortnite Lawsuit Says Yes</a><br />');
document.write('We\'ve all heard the confessionals by video game players who sacrificed their jobs, their relationships, or their educations to their gaming obsession. But can video games be truly addictive, like drugs? People who have joined a class-action lawsuit against a game company in Canada say yes. The defendant company, Epic Games, is the creator of Fortnite, an extremely popular third-person shooter game. A Montreal law firm, Calex Legal, has created a class action on behalf of two parents who claim that the game is as addictive as cocaine and has harmed their two children, ages 10 and 15. Their complaint argues that Fortnite, when played for a long time, results in players\' brains releasing dopamine in the same way drugs do, causing a chemical addiction. The lawsuit further contends that the game\'s developers hired psychologists to help them make the game as addictive as possible. Modeling their lawsuit after class-action lawsuits against Big Tobacco in the U.S. and Canada, the law firm is contending that the defendant knew of the dangers and failed to warn players. In this case, the two parents say that had they known of the risks, they never would have allowed their children to even start playing Fortnite. How the Effects of Video Games and Drugs Are Similar So, what kind of evidence exists to support their claim? For starters, the World Health Organization recently classified &quot;gaming disorder&quot; as an actual disease to be listed on its International Classification of Diseases. (The American Psychiatric Association\'s classification system, the Diagnostic and Statistic Manual of Mental Disorders, says that &quot;internet gaming disorder&quot; needs more research.) In 2018, researchers at Nottingham Trent University in the United Kingdom conducted a sizable review of the studies that have been done on gaming disorders and found strong consensus that the neurobiological effects of gaming addiction and drug addiction are similar. These included &quot;poorer working memory and decision-making capabilities, decreased visual and auditory functioning, and a deficiency in their neuronal reward system.&quot; On Oct. 22, the New York Times took a deep dive into the subject of video game addiction and found that in the gaming industry it is &quot;an open secret&quot; that the games are designed to be addictive. &quot;With the help of hired scientists, game developers have employed many psychological techniques to make their products as unquittable as possible,&quot; Ferris Jabr writes. For instance, according to Jabr, a typical allure to keep players playing is the use of &quot;intermittent reinforcement,&quot; where players receive rewards at random intervals. Drug Analogy Also Has Doubters Despite these findings, however, there are plenty of people who say there\'s nothing that makes video game obsessions more intense than other activities. &quot;The same can be said of many activities; people overdo it with sex, food, exercise, work or religion,&quot; says Stetson University psychology professor Christopher J. Ferguson, writing in U.S. News and World Report. &quot;(T)he solid, consistent and well-validated research base necessary to label video game addiction a disease or disorder has not materialized.&quot; Addiction or not, parents who believe their children are spending too much time playing video games might consider a few measures to reduce that activity: Encourage them to engage in more physical activity. Talk with children about what they like about gaming. This might help to identify whether they might be using gaming to escape other issues. Limit the hours when they can play the games. When calling them off the game, ask how much time they need to finish the game. Then be firm in holding them to that time. Related Resources: Fortnight Maker Suing 14-Year-Old You Tube Cheater (FindLaw\'s Technologist) 3 Reasons to Never Play Video Games at the Office (FindLaw\'s Technologist) Mom Makes 911 Phone Call to Help Video Game Addict Son (FindLaw\'s Legally Weird) Should You Call the Cops Over a Video Game Threat? (FindLaw\'s Blotter)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/31YCw4SMIko/halloween-safety-tips.html" target="_self">Halloween Safety Tips</a><br />');
document.write('For kids, no holiday can match Halloween for pure fun: Scary costumes, trick-or-treating, class parties, trips to haunted houses, and lots and lots of candy. Unfortunately, however, it\'s also one of the most dangerous times of the year for kids. While the stories of razor blades in apples or poisonous candy are exceedingly rare, children face plenty of other risks on Halloween. Children wearing loose-fitting costumes can trip and fall, pointed objects like canes or swords can cause eye injuries, and pumpkin carving always creates a spike in hand and finger injuries, according to orthopedic surgeons. But the biggest danger is automobiles. According to the organization Safe Kids Worldwide, children are roughly twice as likely to be struck and killed by a car on Halloween than on any other night. It\'s usually dark when trick-or-treaters are out, and they might dart out into roadways in their excitement. Meanwhile, motorists are more apt to have been drinking, due to the popularity of Halloween events in bars. The result, according to a study published in JAMA Pediatrics in January, is a 43% heightened risk of pedestrian fatality compared with other autumn evenings. Safety pointers Therefore, if you want to keep your little trick-or-treaters safe on Halloween night, here are a few steps you should consider: Be sure that costumes fit properly to reduce the risk of tripping. Discourage dark costumes in favor of brightly colored ones. Be sure that masks fit properly and do not impair vision or breathing. Choose face paint and makeup instead of masks as much as possible. Keep candle-lit jack-o-lanterns away from locations where children can brush against them. Consider using LED lights inside them instead. Put reflective tape on treat bags. Keep toys with small parts away from children under age 3. Remind children to walk safely: Watch for traffic, cross streets at corners using signals and crosswalks, and make eye contact with drivers before crossing in front of them. Have kids wear glow sticks or flashlights to help them see and be seen by drivers. In addition, you should always accompany young children on their neighborhood rounds. If children are old enough to go alone, plan and review a route that is acceptable and specify a time when they should be home. Halloween is an exciting time for kids. By paying attention to a few simple rules, you can help them to enjoy it safely. Related Resources: Browse Personal Injuries Lawyers Near You (FindLaw\'s Lawyer Directory) Avoid Dangerous, Illegal Halloween Decorations (FindLaw\'s Law and Daily Life) Halloween Laws: Keep Your Halloween Party Legal (FindLaw\'s Blotter) Halloween Pranks That Will Get You Arrested (FindLaw\'s Blotter)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/mEEzLOxruOk/terrifying-elder-abuse-scheme-exposed-at-nc-nursing-home.html" target="_self">Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home</a><br />');
document.write('Placing a loved one in a nursing home or assisted living facility, whether it is their choice or yours, is almost never easy. It is tough to place your trust in a facility to look after your loved one\'s every need ? food, shelter, hygiene, medication, and more. Most of us recognize the truly hard work that caregivers at these facilities perform, often for low wages. But the fact remains is that if you\'re in the job, you have to give it your all, because residents are often relying on you for everything. So imagine the horror that anyone with a parent or loved one in a nursing home must feel when reading that three employees at a North Carolina assisted living facility were arrested recently for organizing a fight club among elderly residents with dementia. A Gruesome Discovery Police in Winston-Salem began investigating the facility in June after receiving a tip. What they found shocks the conscience. The employees were encouraging residents to fight, videotaping the assaults, and sharing the videos on social media. One of the residents was punched in the face and choked during one of the fights. A further investigation into the facility uncovered a failure to distribute medication, review medical records, and properly train staff. The facility has been prohibited from admitting new residents since August. Recognize the Signs of Elder Abuse Incidents like this drive home the need for relatives to look out for their loved ones who live in nursing homes and assisted living facilities. Many times residents who face abuse or neglect are scared to speak up for fear of punishment. Some of those signs of abuse and neglect include: Bruising, cuts, burn marks, or other wounds Poor hygiene Weight loss Malnutrition and dehydration Confusion and disorientation Depression, withdrawal, and a reluctance to interact with people If you suspect that your loved one is the victim of abuse or neglect, it is important to contact the authorities immediately. After caring for their immediate safety, you should think about what your legal options are for recovering compensation for your loved one\'s suffering. A successful lawsuit or settlement can also send a strong message to other bad actors in the industry. Related Resources: Find a Nursing Home Abuse Lawyer in Your Area (FindLaw\'s Lawyer Directory) Nursing Home Abuse FAQ (FindLaw\'s Learn About the Law) Rights of Nursing Home Residents (FindLaw\'s Learn About the Law) Disrespecting Our Elders: Who to Call for Elder Abuse (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/QwPX97YDc04/fda-launches-criminal-probe-into-vaping-illnesses-deaths.html" target="_self">FDA Launches Criminal Probe Into Vaping Illnesses, Deaths</a><br />');
document.write('According to the Centers for Disease Control, 530 people have now suffered some vaping-related illness and seven have died. As those numbers are climbing, the Food and Drug Administration has opened a criminal investigation into the surge in sicknesses. This announcement comes on the heels of the Trump administration\'s efforts to clamp down on e-cigarettes and vaping products aimed at children. More than half of the victims have been under the age of 25. &quot;Even though cases appear similar, it is not clear if these cases have a common cause or if they are different diseases with similar presentations, which is why our ongoing investigation is critical,&quot; the FDA announced. &quot;CDC and the FDA are providing consultation to state health departments and working closely with them to gather information on any products or substances used.&quot; What could this mean for civil liability for vaping illnesses and deaths? Sickness in the Supply Chain The FDA has assured people that it is not looking to prosecute individual users, but is looking for information regarding what kind of vape products they used. &quot;The focus is on the supply chain,&quot; Mitch Zeller, director of the FDA\'s Center for Tobacco Products said. &quot;We\'re very alarmed about products containing THC.&quot; While all the reported victims had a history of e-cigarette or vaping use, the specific product they were inhaling has varied. Most people admitted to using e-cigarette products containing THC, many said they used both nicotine and THC, and some reported using only nicotine products. Many also said the THC products they used were purchased illegally or on the black market. &quot;There may be a problem with source material or modification that may be occurring at different places,&quot; Anne Schuchat, the CDC\'s principal deputy director, told reporters, adding that while the CDC is &quot;working around the clock&quot; to pinpoint what is making people sick, &quot;it may take some time&quot; before that is possible. Causes and Legal Claims The wide range of illnesses and products used makes it even more difficult to identify a single culprit, and officials from the FDA\'s forensics lab affirmed that they have not identified a single e-cigarette product or substance as the source of the illnesses and deaths. That will also complicate personal injury or wrongful deaths claims based on product liability, especially if the product was purchased illicitly. If you\'ve been sickened by an e-cigarette or vaping product, seek medical attention immediately and share information with health officials to try and determine the exact cause. Then, you may want to talk to an experienced product liability attorney about your possible legal claims. Related Resources: Browse Products Liability Lawyers Near You (FindLaw\'s Lawyer Directory) Vaping-Related Illnesses Surge as FDA Discloses Criminal Probe (The Washington Post) JUUL E-Cigarette Maker Facing Lawsuits for Teen Addiction (FindLaw\'s Injured) Another Study, Another Piece of Bad News for E-Cig Users (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/y_zJZbZ7nsA/are-your-x-rays-on-the-internet.html" target="_self">Are Your X-Rays on the Internet?</a><br />');
document.write('The privacy of medical records can seem like a tough balance. On the one hand, you don\'t want health data like X-rays, MRIs, and CT scans falling into the wrong hands. On the other, if you\'re referred from one doctor to another, you might want your new physician to have access to your medical history without lugging an enormous file from one office to the next. In any event, the last thing you want is your private medical information just sitting on a server, &quot;unprotected by passwords or basic security precautions,&quot; free to be seen by anyone with a typical web browser. But a recent ProPublica investigation found that the diagnostic imagery of some 5 million American patients are being stored in such a state, despite repeated warnings from security analysts. Medical Insecurity ProPublica, along with German broadcaster Bayerischer Rundfunk, identified 187 computer servers storing medical data of both U.S. and international patients, &quot;sitting unprotected on the internet and available to anyone with basic computer expertise&quot;: The insecure servers we uncovered add to a growing list of medical records systems that have been compromised in recent years. Unlike some of the more infamous recent security breaches, in which hackers circumvented a company\'s cyber defenses, these records were often stored on servers that lacked the security precautions that long ago became standard for businesses and government agencies. According to the investigation, more than 16 million scans worldwide were available online -- some viewable after typing in a simple data query -- many paired with patient names, birthdates and even Social Security numbers. &quot;It\'s not even hacking, said cybersecurity researcher and chief executive of the consulting firm Spyglass Security Jackie Singh. &quot;It\'s walking into an open door.&quot; Hungry, Hungry HIPAA? So, what can you do if you think your X-rays and other medical images are online? Likely very little, although the Health Insurance Portability and Accountability Act (HIPAA) mandates that health care providers to keep your personal data confidential and secure, ProPublica\'s report describes several entities (from doctors, to hospitals, to radiologists) pointing the finger at each other and a &quot;Band-Aid upon Band-Aid applied&quot; to try and solve the problem. Investigators also found few consequences for HIPAA violators. Still, if you can prove that your private medical information has been publicly compromised, you may have a legal claim under HIPAA. Contact an experienced health care attorney to discuss your claims. Related Resources: Find Health Care Lawyers Near You (FindLaw\'s Lawyer Directory) Your Private Medical Images May Be Online for Anyone to See (LifeHacker) Hospital Sued Over Patient Records Posted on Facebook (FindLaw\'s Injured) Have Your Medical Records Been Hacked? Probably. (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/kCYkCLH_oec/billion-dollar-opioid-bankruptcy-purdue-pharma-files-for-chapter-11-as-part-of-settlement.html" target="_self">Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement</a><br />');
document.write('Purdue Pharma, which made $3 billion in 2017 alone selling drugs that include the opioid Oxycontin, will declare bankruptcy as part of a potential settlement covering hundreds of lawsuits against the company. The announcement also comes amid allegations that the Sackler family -- who own Purdue -- used Swiss bank accounts to transfer $1 billion from the company to personal accounts to avoid its seizure in court. So, what does the settlement and bankruptcy filing mean for people who have sued over opioid addictions or deaths? Coping With Crisis &quot;This unique framework for a comprehensive resolution will dedicate all of the assets and resources of Purdue for the benefit of the American public,&quot; said Steve Miller, Chairman of Purdue\'s Board of Directors. &quot;This settlement framework avoids wasting hundreds of millions of dollars and years on protracted litigation, and instead will provide billions of dollars and critical resources to communities across the country trying to cope with the opioid crisis. We will continue to work with state attorneys general and other plaintiff representatives to finalize and implement this agreement as quickly as possible.&quot; If only it were that simple. While Purdue has agreed to pony up over $10 billion to address the opioid crisis and settle claims from 24 state attorneys general, five U.S. territories, and certain plaintiffs from hundreds of other suits, several states have declined to sign on to the agreement and some plan to challenge it in court. It\'s estimated that Purdue is facing a grand total of 2,600 lawsuits. Follow the Money So, how can plaintiffs get money from a bankrupt company? Purdue is filing under Chapter 11, which avoids asset liquidation and allows a company to maintain business operations and repay its debts over time. (Liquidation is possible under Chapter 11, but not guaranteed like under Chapter 7 bankruptcy proceedings.) So Purdue won\'t exactly be shuttering its opioid operations or other drug sales any time soon. Still, its plan for bankruptcy may run into similar roadblocks as its legal settlement agreement. Any Chapter 11 reorganization plan requires approval: Creditors holding at least two-thirds of the total debt amount and more than one-half of the total number of claims must agree to the plan. So it\'s no guarantee that most of Purdue\'s creditors will sign off, and some of those creditors may favor liquidation if they think it means they\'re more likely to get repaid. And the money trail may complicate matters as well. Court filings indicate members of the Sackler family received more than $4 billion from Purdue from 2007 to 2018, according to the AP, and much that wealth is believed to be held outside the U.S. If you have or are considering filing a claim an opioid-related legal claim, contact an experienced personal injury attorney to find out how the settlement and bankruptcy could affect your case. Related Resources: Browse Personal Injury Lawyers Near You (FindLaw\'s Lawyer Directory) Is a Nationwide Opioid Settlement Coming? (FindLaw\'s Injured) 5 More States Target Purdue Pharma, Sackler Family With Opioid Litigation (FindLaw\'s Injured) Opioid Manufacturer Insys Declares Bankruptcy After Legal Trouble (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/n2d7lHMnpNc/legal-liability-following-tragic-california-boat-fire.html" target="_self">Legal Liability Following Tragic California Boat Fire?</a><br />');
document.write('U.S. Coast Guard and Santa Barbara Sheriff\'s officials believe they have recovered 33 of the 34 bodies of those who died in a boat fire off the coast of Southern California\'s Santa Cruz Island. The victims were sleeping below deck of the commercial dive boat Conception when the fire erupted around 3:30 a.m. Monday morning. Five crew members, including the captain, were on the vessel\'s third deck and were able to jump off before being rescued, while another crew member below deck perished. Fire and Water A team with the National Transportation Safety Board began investigating the fire, along with Coast Guard officials. The Conception was required to be inspected by the Coast Guard annually and was in full compliance with regulatory requirements, according to U.S. Coast Guard Captain Monica Rochester. She added that with rescue efforts now ceased, crews could focus on &quot;why this incident occurred and what we can learn from this tragedy.&quot; Authorities believe that flames moved quickly through the 75-foot vessel, blocking a narrow stairway and escape hatch leading to the upper decks, leaving sleeping passengers below virtually no chance of escaping. Inge Courtois, general manager of boat operator Truth Aquatics, told NBC News that the five surviving crew members had no choice but to jump off the ship or else they would have died. Maritime and State Law The cause of the fire has yet to be determined, but there will likely be some litigation following the deadly fire, and maritime injury laws may differ from those on land. Liability for wrongful death under general maritime law depends where the facts causing death occurred. If the deaths occurred within three nautical miles of the United States, state law supplements federal maritime law to provide a remedy, and state wrongful death statutes apply. In this case, it would be California\'s wrongful death laws, and possibly common carrier liability, under which victims\' families would need to file suit. If, however, the deaths occurred farther out at sea, a &quot;decedent\'s spouse, parent, child, or dependent relative&quot; can sue the crew and even the boat itself under the federal Death on the High Seas Act. Damages in those claims, however, may be limited, and plaintiffs can\'t recover for things like loss of society, loss of consortium, or punitive damages. Wrongful death claims following boating accidents can be legally complex. Talk to an experienced wrongful death attorney if you have questions. Related Resources: Find Wrongful Death Lawyers Near You (FindLaw\'s Lawyer Directory) Summer Boating Accidents: Top 3 Tips for Legal Liability and Prevention (FindLaw\'s Injured) Florida Boating Accident Report Puts Spotlight on Maritime Law (FindLaw\'s Injured) 17 Dead in Missouri Duck Boat Accident (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/-GSZ5xuhlvg/is-a-nationwide-opioid-settlement-coming.html" target="_self">Is a Nationwide Opioid Settlement Coming?</a><br />');
document.write('According to the Centers for Disease Control, 130 Americans die every day from an opioid overdose, and opioid overdoses are representing an increasing percentage of more than 700,000 drug overdoses since 1999. The opioid epidemic has also unleashed a torrent of litigation: cities, counties, states, and Native American nations are suing manufacturers and distributors seeking liability for what has become a public health crisis. And a recent court ruling in Oklahoma has spurred negotiations to settle all of the opioid-related lawsuits in one fell swoop. One State, One Family, Thousands of Claims A federal judge has ordered Johnson & Johnson to pay Oklahoma $572 million for its role in fueling the state\'s opioid crisis. And in other settlements with the Sooner State, Purdue Pharma (the manufacturer of OxyContin) agreed to pay $270 million, and drug maker Teva agreed to pay another $85 million. Now NPR is reporting that those companies, along with Endo International and Allergan are attempting settle around 2,000 more suits that have been consolidated in another federal court in Ohio. Initial reports indicate that Purdue Pharma, run by the secretive Sackler family, could pay up to $12 billion to settle all the claims against it, and that the agreement may include the family paying $3 billion of its own money and giving up ownership of the company. &quot;For years, members of the Sackler family tried to hide their role in creating and profiting off the opioid epidemic,&quot; said Massachusetts Attorney General Maura Healey. &quot;We owe it to families in Massachusetts and across the country to hold Purdue and the Sacklers accountable, ensure that the evidence of what they did is made public, and make them pay for the damage they have caused.&quot; Public Pharma? The settlement talks, it appears, would only include state and local governments -- &quot;a \'negotiating class\' of tens of thousands of local governments,&quot; according to NPR. And who would control any money paid out, and who would get how much, remains to be determined. There is also talk of transforming Purdue from a private company into a &quot;public beneficiary trust,&quot; which would send all profits from drug sales to states, cities, and tribes. &quot;While Purdue Pharma is prepared to defend itself vigorously in the opioid litigation, the company has made clear that it sees little good coming from years of wasteful litigation and appeals,&quot; the company announced in an email to NBC. &quot;The people and communities affected by the opioid crisis need help now. Purdue believes a constructive global resolution is the best path forward, and the company is actively working with the state attorneys general and other plaintiffs to achieve this outcome.&quot; Opioid lawsuits can be complex, and any claims you have may already be subject to ongoing litigation. If you have questions regarding opioid-related lawsuits, contact and experienced personal injury attorney for answers. Related Resources: Find Personal Injury Lawyers Near You (FindLaw\'s Lawyer Directory) Opioid Manufacturer Insys Declares Bankruptcy After Legal Trouble (FindLaw\'s Injured) Can You Sue a Drug Company for Opioid Addiction? (FindLaw\'s Injured) Can I Sue My Doctor for Opiate Addiction? (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/oRoBzxuQ7G8/red-light-running-accidents-what-you-need-to-know.html" target="_self">Red Light Running Accidents: What You Need to Know</a><br />');
document.write('There are scary car accident statistics and then there are scary car accident statistics. This is the latter. A new study from AAA\'s Foundation for Traffic Safety, 939 people were killed in red light running crashes in 2017, representing a 28 percent increase since 2012 and a 10-year high in the data. A survey of drivers as part of the study also showed that 85 percent of drivers thought running a red light was very dangerous, but almost a third say they had done it within the past month. &quot;More than 40 percent said they didn\'t think police would stop them,&quot; according to AAA. &quot;Nevertheless, it\'s against the law and if a driver is involved in a deadly crash, it could send them to jail.&quot; Per Se Legal Proof Running a red light is a criminal offense (as is vehicular manslaughter). But breaking the law while behind the wheel could have civil lawsuit implications as well, thanks to a legal concept known as negligence per se. Negligence is a central factor in any car accident injury case, and a driver who violates traffic laws by running a red light before a crash is often considered negligent per se, because the law is intended to promote safety and avoid the kind of injuries that occurred. In many jurisdictions, proof that the defendant violated a statute, regulation, or ordinance enacted to protect against the harm that resulted to the plaintiff means that the defendant\'s negligence is conclusively established. In other jurisdictions, a defendant\'s violation of a statute is merely evidence that the defendant might have acted negligently. So, evidence that someone ran a red light could go towards proving negligence and fault in a car crash, or it could decide the matter entirely. Stopping an Accident Demonstrating fault in any car accident claim can be tricky. But having evidence that one party ran a red light certainly helps. &quot;Drivers who decide to run a red light when they could have stopped safely are making a reckless choice which puts other road users in danger,&quot; according to executive director of the AAA Foundation for Traffic Safety Dr. David Yang. AAA also has some recommends drivers to avoid running red lights and causing accidents: Prepare to stop: Lift your foot off the accelerator and ?cover the brake? when preparing to enter any intersection by positioning your right foot just above the brake pedal, without touching it. Use good judgment: Monitor ?stale? green lights, those that have been green a long time as you?ve approached the intersection. They are more likely to turn yellow as you arrive at the intersection. Tap the brake: Tap your brakes a couple of times before fully applying them to slow down. This will catch the attention of drivers who may be inattentive or distracted behind you. Drive defensively: Before you enter an intersection after the light has turned green for you, take a second after the light changes and look both ways before proceeding. If you\'ve been involved in a crash caused by someone running a red light, talk an experienced car accident attorney about your legal options. Related Resources: Find Car Accident Lawyers Near You (FindLaw\'s Lawyer Directory) Get Legal Help with a Motor Vehicle Accident (FindLaw\'s Learn About the Law) Car Accidents: If You Were Speeding, Do You Automatically Lose? (FindLaw\'s Injured) Rear-Ended at a Red Light or Stop Sign: Can You Sue? (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/I9PvedQbLZk/evidence-of-football-brain-injury-risk-continues-to-grow.html" target="_self">Evidence of Football Brain Injury Risk Continues to Grow</a><br />');
document.write('Parents of America have one more reason to keep their kids off the football field. In recent years, the high incidence of football concussions has been linked to ongoing brain deterioration, and now a new study has revealed that the dangers of playing football may be even worse. Researchers at Carnegie Mellon University and the University of Rochester Medical Center say that it?s not just the big hits that are bad; a season-long series of routine hits can also cause long-term brain damage. The researchers studied 38 University of Rochester players over the course of a season by placing accelerometers ? devices that measure accelerative force ? into their helmets before practices and games. The results: Two thirds of the players? brains experienced a reduction in white matter by season?s end. ?Our research ? is beginning to indicate that accumulation of many sub-concussive hits is instrumental in driving long-term damage in football players? brains,? said lead author Brad Mahon, an associate professor of psychology at Carnegie Mellon. Declining Participation The National Federation of State High School Associations reports that the level of participation in high school sports declined in 2018-2019 for the first time in 30 years. But the decline in football has been going on for more than a decade. Just over 1 million high-school students play 11-man football, about a 3-percent drop from the previous year, to the lowest number since 1999-2000. The impact of the brain-injury research is particularly noticeable on youth football leagues due to strong sentiment by parents to restrict, or even ban, football for kids. A University of Washington School of Medicine survey found that 61 percent of 1,025 parents who were polled nationally favored age restrictions for tackle football. Massachusetts, meanwhile, is seriously considering an outright ban on youth tackle football. Expanding Litigation And then there are the lawsuits. The NCAA has been on the receiving end of what will eventually be some 200 filings from litigants who allege that the NCAA and individual schools knowingly exposed them to risks of brain injury. There?s also been litigation on the high-school and youth-football front. Last year, a California high school settled a brain injury case for $7.1 million. And a trial has been set to start in January for a closely watched case in California where a mother has filed suit against Pop Warner Little Scholars, claiming that youth football was responsible for the chronic traumatic encephalopathy (CTE) that was detected in her son?s brain after he died in a motorcycle accident. So is the day coming when football will be waving the white flag of surrender? Or might a different flag be waving? According to The New York Times, there are now more 6- to 12-year-olds playing flag football than tackle football. But is America ? and the NCAA and the NFL ? ready for football without the violence? Related Resources Top 5 Legal Facts About Football Injuries (FindLaw?s Injured) Court Rejects Football Player?s Concussion Case (FindLaw?s U.S. Third Circuit Blog) NFL Concussion Lawsuit Information (FindLaw?s Learn About the Law) Football?s ?Big Hits?: A Lawsuit in the Making? (FindLaw?s Tarnished Twenty)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/mw8VOSAB3Yc/playground-injuries-are-waivers-enforceable.html" target="_self">Playground Injuries: Are Waivers Enforceable?</a><br />');
document.write('Whether your child is off to daycare or kindergarten for the first time, or is a seasoned fourth- or fifth-grader, chances are they\'ll be spending some time on the playground. And while playground equipment has made some great strides in safety from the old metal bars and merry-go-rounds of our youth, any kind of play carries some injury risk. Just as every school has a playground, just about every school requires parents and students to sign liability waivers at the beginning of the academic year. Often, these waivers purport to protect schools from any legal liability if a child is injured while at school. But are they enforceable? And do they mean you can never sue if your child is injured on the playground? Waiving the Right to Sue? Most courts have found that liability waivers are enforceable, but only if they meet certain criteria and only to a limited extent. First, student injury waivers must be clear, unambiguous, and explicit in their terms. So, waivers printed in faint or small font, or in an inconspicuous place like hidden in a large document, are less likely to be enforceable. Second, injury waivers only limit school liability for injuries arising out of ordinary negligence, and do not generally prevent parents from suing for injuries resulting from gross negligence, recklessness, intentional torts, or the illegal acts of school staff or other students. What does all that legal jargon mean? &quot;Negligence&quot; is generally defined as the failure to use reasonable care to prevent harm to oneself or to others. So, for example, if a teacher inspects playground equipment and doesn\'t notice that a bolt is loose on a swing set, that would normally qualify as ordinary negligence. Gross negligence or recklessness, on the other hand, refers to the lack of any care, or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others. Therefore, if school staff didn\'t bother to inspect the playground equipment at all, or worse, saw the loose bolt and did nothing, a jury might find the school liable despite the waiver. The same is true if school staff or students intentionally hurt your child. The Right Party to Sue? Most courts recognize a general duty of schools, administrators, and teachers to adequately supervise students placed within their care, and some have specified that schools must provide student with adequate instruction, proper equipment, and non-negligent supervision. So if your child is injured on a school playground, and staff failed to properly supervise the space or your child, you may be able to file an injury lawsuit against the school. Additionally, manufacturers may be liable if faulty playground equipment causes an injury. Manufacturers have a general duty to ensure their products are safe, and they may be strictly liable for injuries caused by their product. To find out if a school injury waiver is enforceable (or if you even need to sign one), or whether a school may be liable for your child\'s playground injury, talk to an experienced personal injury attorney about your case. Related Resources: Find Personal Injury Lawyers Near You (FindLaw\'s Lawyer Directory) How Dangerous Is Public School for Your Kids? (FindLaw\'s Injured) Top 5 Questions About Legal Liability Waivers (FindLaw\'s Injured) Playground Concussions Are on the Rise (FindLaw\'s Injured)');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/VfZOmqm4-BU/with-curfews-and-bans-cities-crack-down-on-e-scooters0.html" target="_self">With Curfews and Bans, Cities Crack Down on E-Scooters</a><br />');
document.write('Public menace? Or valuable innovation? Cities continue to seek a common ground on e-scooters, the rentable solo vehicles that now swarm across many urban areas. On one hand, the dockless devices are a great transportation alternative; on the other, they?ve often proven to be a safety hazard. And in the interest of public safety, some cities are starting to take a tougher stand on scooters. From Evening Bans to Total Bans One of the latest cities to act is Atlanta, which has imposed a temporary ban on evening operation after four riders died this year. ?Sadly, we have seen a pattern in the recent and tragic fatalities involving scooters ? they all occurred after sunset,? Mayor Keisha Lance Bottoms said in a statement. All companies operating the scooters in Atlanta have been asked to disable the devices from 9 p.m. to 4 a.m. Evening bans have also been instituted in Chicago, with a curfew from 10 p.m. to 5 a.m., and Jersey City, which prohibits operation from 11 p.m. to 6 p.m. Some cities are placing geographical limits on where the scooters can operate. Virginia Beach, for example, prohibits their use in the city?s Oceanfront area or on any sidewalk. Chicago won?t let them operate in the downtown Loop and other busy areas. Other cities, meanwhile, are taking an even tougher stand. Last month, Chattanooga, Tennessee, issued a six-month ban on e-scooters. Summit County, Utah (Park City) and Breckenridge, Colorado, recently banned them. Nashville Mayor David Briley called for a ban after the first scooter death occurred in that city, but the Metro Council there overruled Briley and called for a reduction of the scooter fleet instead. Injuries and Promise The largest analysis of e-scooter injuries and deaths, conducted by the U.S. Centers for Disease Control and Prevention, looked at medical records in Austin, Texas, from September through November of last year. The study identified 271 injuries, of which 45 percent were head injuries and 39 percent involved fractures. ?A high proportion of e-scooter related injuries involved potentially preventable risk factors,? the report concluded, ?such as lack of helmet use, or motor vehicle interaction.? While e-scooters have plenty of enemies (including vigilantes who throw them into the nearest body of water), they also have lots of supporters. Besides the people who just enjoy riding the devices, there are also transportation planners who see them as them as filling an important ?micromobility? role: A quick and inexpensive way of getting to and from existing public transportation networks. They might make our cities greener. But as city officials mull that desired outcome, they are forced to grapple with an inescapable question: At what cost? Related Resources: Cities Attempt to Strike a Balance on Electric Scooters (FindLaw?s Injured) Electric Scooter Sharing Accidents (FindLaw?s Learn About the Law) What?s the Penalty for Hitting Someone on a ?Bird? Scooter (FindLaw?s Blotter) Can You Be Arrested for Scootering Under the Influence? (FindLaw?s Blotter) Browse Personal Injury Lawyers Near You (FindLaw?s Find a Lawyer)      ');
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document.write('<li class="rss-item"><a class="rss-item" href="http://feeds.findlaw.com/~r/Injured/~3/IbWGj3-CmEU/leading-cause-of-medical-malpractice-claims-misdiagnosis2.html" target="_self">Leading Cause of Medical Malpractice Claims: Misdiagnosis</a><br />');
document.write('When most of us think of medical malpractice, we tend to think of an error that occurred on the operating table. In fact, however, the most common settings for medical mistakes are not surgical wards. They are doctor?s offices and emergency departments, where doctors diagnose what?s wrong with you.  The Impact of Diagnostic Errors A recent article in the medical journal Diagnosis focused on the significance of diagnostic errors, pointing out that 34 percent of medical malpractice claims resulting from a patient?s death or serious disability were caused by inaccurate or delayed diagnoses. Twenty-eight percent of total payouts were attributable to diagnostic errors. The study examined data covering a 10-year period from a database comprising 28.7% of all closed medical-malpractice claims in the U.S. Using that data, researchers identified 11,592 claims that alleged diagnostic errors, nearly three-quarters of them stemming from erroneous or missed diagnoses involving the ?Big Three? diseases: cancer, infections, and vascular events such as strokes and heart attacks. Outpatient clinics were the primary location for missed cancer diagnoses, while emergency departments are where most vascular missed diagnoses occurred. The article pointed out that the impact of missed diagnoses in the U.S. is largely unknown ? estimates on the number of people who have been harmed by them range from 40,000 to 4 million. The authors characterized their study as ?a first step toward a national epidemiological estimate of serious misdiagnosis-related harms.? ?Serious harms are disproportionately due to failures in clinical judgment,? the authors concluded. ?Research and quality improvement initiatives should target interventions that improve clinical diagnosis for high-harm diseases in specific practice settings such as stroke in the ED, sepsis in the hospital, and lung cancer in primary care.? Take Steps to Reduce Risk So, if you find yourself in one of those settings ? or any medical venue, for that matter ? what might you do to reduce the likelihood of a misdiagnosis? The best way is to become an active member of your health-care team. Tell your doctors about every aspect of your medical history, your medications, your allergies. Do your own research and gather as much information as you can from the doctor. Be assertive and speak up if you have questions. So, if you find yourself in one of those settings ? or any medical venue, for that matter ? what might you do to reduce the likelihood of a misdiagnosis? And if you believe you may have been the victim of malpractice, you?ll want to consult with a skilled attorneyskilled attorney who focuses their work in that complex area of law. Related Resources Find Medical Malpractice Lawyers Near You (FindLaw?s Lawyer Directory) Failed/Erroneous Diagnosis and Treatment (FindLaw?s Learn About the Law) Medical Malpractice: Who Can Be Sued? (FindLaw?s Learn About the Law) Medical Malpractice Claim FAQ (FindLaw?s Learn About the Law) What Is Medical Malpractice? What Is Not? (FindLaw?s Injured Blog)');
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