Alaska Personal Injury Blog - Miscellaneous

Crime Victims Have a Chance to Get Their Losses Back

Mike Schneider — Sun, 12 Apr 2009 19:30:19 GMT

Violence is easily found in most editions of the local paper. But the criminal justice system rarely does much to take care of the wage losses, medical bills, and other harms and losses that crime often inflicts on crime victims. Most crime victims who have such losses should consult an attorney that knows something about insurance law and claims handling. If the crime has as its basis, an act of "recklessness" or "criminal negligence" the criminal may be covered for the losses he/she inflicted by a policy of homeowner's insurance. Youthful offenders often "reside" with parents or other relatives who own or are buying a home. Almost always, these homes are covered by homeowners insurance and residents of the home are "additional insureds" under the policy.

Originally posted at InjuryBoard by Mike Schneider

AAJ CEO Jon Haber Made a Difference for All of Us

Mike Schneider — Wed, 08 Apr 2009 13:02:10 GMT

Jon Haber worked tirelessly for the American Association of Justice over the last many years. He brought the AAJ into the current century by updating its use of technology and making it appreciate what needed to be done to better advocate the "People Over Profits" philosophy of the organization. Attorneys who work for people owe him a debt of gratitude, as do all Americans who value their right to be treated fairly in America's courtrooms.

Originally posted at InjuryBoard by Mike Schneider

AAJ CEO Jon Haber Resigns - Missing a Good Man

Ward Merdes — Wed, 08 Apr 2009 11:53:12 GMT

The American Association for Justice's CEO Jon Haber resigned recently.

He did a great job for the AAJ. His enthusiasm and hard work will be missed. The injured, weak and downtrodden will want in his absence.

Jon, thank you for all you did.

Originally posted at InjuryBoard by Ward Merdes

Escalator Catastrophe Frames Tort Reform Debate for Alaskans

James Cool — Tue, 24 Feb 2009 02:38:29 GMT

The Anchorage Daily News reports that on February 8, 2009 a three year old girl lost 3 fingers in an escalator accident at an Anchorage J.C. Penny’s department store. According to news reports, the three year old was riding the escalator by herself while her mother paid for some recently purchased items at a nearby register. While riding, the new coat the toddler carried became caught in the machinery of the escalator. Attempting to retrieve her coat, the three year old girl reached down and pulled on the coat which led to her hand being sucked into the machinery. Witnesses to the event recall a “blood curdling scream” as the little one’s hand was devoured by the steel teeth of the escalator. Normally, escalators are equipped with sensors which detect the entrance of foreign objects into the machinery. But this particular escalator was “grandfathered in” and pre-dates sensor technology. As a result, the escalator proceeded to mangle the child’s hand as emergency and store personnel rushed to her rescue. Once they arrived, store personnel were able to locate and hit the emergency off-switch which was located beyond the child’s reach. Though this stopped the machine from further injuring her hand, it did not free her from its steel clutches. According to the news report, it took 2 claw hammers and all of the strength store personnel could muster over an agonizing matter of minutes to free the toddler from the machines deadly grasp.

As a result of her encounter with the antiquated escalator, the child is expected to lose three of her fingers. Doctors are hopeful that she will be able to keep her pinky finger. The event was horrifying for more than the girl and her mother. Witnesses describe it as “terrifying” and one witness who saw the machine “sucking her hand in” has complained of nightmares following the experience. Perhaps offered as comfort to the permanently disabled girl and her family, Ron Thompson of Anchorage Building Services proclaims that “things could have been way worse.” He is most likely referring to severe additional damage to the girl’s thumb, wrist and forearm which would have resulted had store employees not rushed to hit the emergency off-switch. Mr. Thompson also warns shoppers that “"[escalators] are not a playground. They are a very serious mechanical device that can cause some major damage, and major damage very fast, very quickly." It is not clear whether such a warning was on signs where shoppers could have received this sage advice.

The young girl’s family needs to know a few things:

(1) The Statute of Limitations for personal injury claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim may go away as a result of your failure to pursue it. Sometimes, claims may survive until the victim’s 18^th birthday. For the way in which the statute of limitations will apply here it is strongly recommended that you…

(2) Contact an attorney right away. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information only. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

If comments on the various news websites are any indication, the Alaskan and national community are quite divided over this issue. Many commenters have reacted extremely aggressively and hatefully toward the mother of the injured toddler. Other folks have expressed shock and dismay at the dangerous and antiquated machinery utilized by the store. In light of the misinformation surrounding the situation there are a few basic facts everyone, especially the toddler and her mother, should be aware of:

1.) Everyone has a duty to act “reasonably under the circumstances.” What this means is a judgment call. But generally it means taking reasonable precautions to avoid risks which can be foreseen. In other words, if it is a possibility that someone might get injured in an escalator because it lacks emergency shut-off technology, then it might be reasonable to update the escalator’s technology. On the other hand, if it is foreseeable that a young child riding an escalator with a long coat might get it caught in the escalator and perhaps get injured, it may be unreasonable to let her ride it unsupervised. One of the questions which must be answered here is whether the store normally allowed toddlers to ride the escalator without supervision or with limited supervision. What is reasonable or unreasonable in a given situation depends on many different facts, most of which are not included in the news coverage of this accident. Whether the mother, the store, the escalator maintenance company, or anyone else is at fault is a question that can only be resolved after a complete and thorough investigation.

2.) Stores have insurance for situations such as this. Whether someone slips and falls on a wet floor, has a box fall on their head, or gets mangled by an escalator, large department stores maintain insurance policies to protect themselves from having to compensate injured individuals out of their bottom line. Contrary to tort reform myth, law suits are not the cause of “sky-rocketing” insurance premiums. On the contrary, the insurance industry follows the ebb and flow of the economy. Insurance is a business. They take your money and they expect to pay out on many, many claims. Where they make their money is in two ways: a.) denying claims and b.) investing. Recent studies have shown that the uptick in insurance premiums during recent years is more closely related to under-reserving by insurance companies during prime economic times and recent fluctuations in the various securities markets. In other words, insurance companies accept your premiums on the understanding that they will pay out when people are injured and you are at fault. Premiums rise, not because of “law suit abuse,” but rather because of fluctuations in the economy and poor economic practices on the part of insurance companies.

3.) J.C. Penny should absolutely install a newer, safer escalator. Dean Paul, the co-owner of Alaska Yellow Cab who heroically came to the toddler’s rescue, said it best: "you can't grandfather safety." Of course toddlers will ride the escalator. Of course children of all ages will play on them. Of course people in Alaska will be wearing and carrying long coats and scarves which may get caught in the escalator. There is no excuse other than greed for failing to install escalators which do not pose a threat to the property and limbs of their patrons.

4.) It isn’t wrong to trust a department store. It isn’t wrong to trust that they will have appropriate safety devices in their escalators, elevators and electronic doors. Department stores receive a direct benefit from your presence. You come to shop and give them your money. They advertise, sending out fliers and coupons, inviting you to come to their store and spend your money. In exchange they promise to provide you with a safe and enjoyable shopping experience. J.C. Penny is not doing you, the consumer, any favor by letting you shop there. The least they can do is make it a safe and positive experience.

5.) Just because it does not happen often, does not mean it is the child’s or her mother’s fault. Escalator accidents are rare because they are typically safe machines. Recent advances have made them even safer. However, these accidents do occur and may have occurred at the same store. The bottom line is this: had proper sensors been installed on this machine, bringing it in line with current technology, the machine would have halted once her jacket became lodged inside of it and she would perhaps have survived uninjured.

For those pointing their finger at the toddler’s mother, I ask you this: What if it was your daughter? What expectation would you have of the store’s escalator safety mechanisms? Their signage?

Originally posted at InjuryBoard by James Cool

Mixing Alcohol and Minors Leads to Liability

Mike Schneider — Sun, 17 Aug 2008 16:33:16 GMT

Every few weeks there is a story, with an unhappy ending, that involves minors and alcohol. The recent double fatality in Anchorage is just one example. Those giving or selling alcohol to minors, both licensed premises (bars and liquor stores) and individuals can be held liable for all the harm that the sale or gift causes, without reduction for the "comparative negligence" of the minor. The are two cases now before the Alaska Supreme Court that test whether this will continue to be the rule in this state.

Originally posted at InjuryBoard by Mike Schneider

Pit Bull Mauls Girl in East Anchorage

Mike Schneider — Tue, 12 Aug 2008 19:29:50 GMT

APD responded this afternoon to a report that a young girl was mauled by a pit bull in East Anchorage. The dog was later shot and killed. The girl is being treated at a local hospital. If the dog can be shown to have been owned by someone with significant assets, or someone with a homeowner's insurance policy, its owner may be held to account for the harms and losses suffered by its victim. Her family should immediately consult an experienced personal injury attorney.

Originally posted at InjuryBoard by Mike Schneider

Shooting Victim May Have Claims

Mike Schneider — Thu, 10 Jul 2008 00:53:00 GMT

The incident happened at a fish camp near Akiachak. A 13 year old boy was accidentally shot while target practicing with other children. They were using a .22 rifle. The injured boy, through one or both of his parents, may have claims for his injuries. If the shooter was a resident of a home with homeowner's insurance, the insurance will cover the claim, even though the shooter was a young child, and even if the shooter's conduct is reckless or grossly negligent. An experienced attorney will be needed to help find and recover any available insurance proceeds.

Originally posted at InjuryBoard by Mike Schneider

Petra Davis Mauled by Brown Bear, But Who Planned this Bike Race?

Mike Schneider — Sun, 06 Jul 2008 19:37:07 GMT

We all wish this young woman, 15, a speedy recovery. But area biologists have been warning about a terrible event like this for years. Ms. Davis was a participant in a mountain bike race. The route took racers through Bicentennial Park, and its heavy vegetation, and its salmon-choked stream, and its salmon-foraging black and brown bears, late at night. Petra was seriously injured and is lucky to be alive.

And while it might not be a popular case to bring, Petra and her parents likely have personal injury claims against those who, many would argue, set this kid up to get hurt as she did. Safety is no accident. And "Safety Science 101" teaches that we all need to examine our activities for any chance of serious injury or death. If such a risk, even a slight one, is identified, then it needs to be eliminated, if practical and feasible to do so. If the risk can't be practically or feasibly eliminated, it must be guarded against. If not practical and feasible to guard against, it should be the subject of an adequate warning. This route, for this race, at this time of year, at that time of day, broke all of these rules.

Originally posted at InjuryBoard by Mike Schneider

High Fire Danger And Personal Responsibility

Mike Schneider — Sat, 05 Jul 2008 00:51:00 GMT

Alaskans are being encouraged to enjoy the Nation's favorite holiday, but to do it without fireworks. Fireworks are illegal in the Municipality of Anchorage, but even where they can be legally possessed, purchased and used, fire danger is high. Officials are warning that any careless use of fireworks could start hard to control fires that can cause property damage, serious injury, and death. Anyone starting such a fire may be held liable for all resulting harm of any kind. If they live in a home covered by homeowner's or renter's insurance, that insurance company should pay for any losses caused by the negligent fire starter, up to the limits of the policy.but even where they can be legally possessed

Originally posted at InjuryBoard by Mike Schneider

Fairbanks Alaska Boating Accident Injures Two Women - Here's The Law They Need To Know...

Ward Merdes — Wed, 11 Jun 2008 01:23:32 GMT

The Fairbanks Daily News-Miner reports that two women were injured in a boating accident allegedly caused by Avery Thomas - who was apparently drunk. The police report that Thomas blew a .137. The legal limit is .08. That's more than 150% of the legal limit. Thomas is toast for this act of stupidity. Here is what the two injured women need to know:

1. Fault: Thomas appears 100% at fault. Under Alaskan law, he is responsible for your injuries, including: (a) lost wages; (2) medical bills; and (3) pain/disfigurement and suffering. Be sure to get good medical care, and keep your empty RX bottles;

2. Applicable Alaskan Tort Laws: Special legal rules usually apply to boating accidents like this - which occur on navigable waters. It's called "Maritime Law" - and it has its share of weird quirks. Fortunately, because of our abundant coast-line, Alaska has a well-developed body of Maritime law. While our highways have "Rules of the Road" - our rivers have similar "Water Rules."The bottom line is that Alaskan law supports holding people responsible for injuring others, particularly in situations like this;

3. Statute of Limitations: The Statute of Limitations for bringing claims for injury related to this boating accident is (likely) two years. If you fail to bring a claim within two years of when the accident occurred, you will (likely) be stripped of all your rights. This is VERY important. Take action now. Mark your calendar;

4. "Serious Crime" Laws: Alaska Statute 09.30.070 provides that you are entitled to full, actual attorney fees, in addition to compensation for your injuries - because Thomas was apparently engaged in a "serious crime" (Drunk Driving) when he hurt you. Make sure your attorney knows about this statute;

5. Insurance Issues: Check to see if Thomas and/or the boat he was driving is insured. He probably is not. If Thomas is NOT insured, file a claim against your own boat and/or automobile insurance, the "Uninsured / Underinsured Motorist" portion. It might cover your claims. Also check to see if the boat you were occupying was insured. Ask the owner (if it's not you). Your own boat may have "Uninsured motorist" insurance that will cover your claims;

6. Hire an Attorney: I know you don't want to, but do yourselves a favor. Hire an attorney ASAP. Maritime cases are tricky, and you need somebody who knows this area of the law. At least interview a number of actual personal injury attorneys (avoid lawyers who "sometimes handle injury cases") - to see if you can find one you like. Believe it or not, Fairbanks has some good personal injury lawyers. We also have some to avoid.

Just don't hire me. You can call me - and I'll walk you through this process for free - but I will not represent you as your lawyer. The reason is because I don't want to be accused of acting like a vulture or ambulance chaser when I write these blogs. It is important that folks understand my motive is pure. I do these blogs to help, not to make a buck off of other people's misfortune.

In fact, I suggest that you hire Joe Paskvan. Mr. Paskvan is in Fairbanks. His phone number is: (907) 452-1205. Mr. Paskvan has absolutely no connection with my office and I get absolutely nothing for recommending him. He's just a good personal injury lawyer. His partner, Ken Ringstad, is also very talented. Hire Joe or Ken to help you.

Or, consider calling the Alaska Bar Association's Lawyer Referral Service: 800-770-9999. It's free. If you like the web, contact the American Association for Justice (AAJ) for a free personal injury attorney referral. Finally, even though this is not an automobile-related wreck, take the time to check out SlowDownAlaska.org for a wealth of driving tips and insurance tips that will help you avoid getting mugged on Alaska's streets.Disclaimer: My law office built SlowDownAlaska.org to help injured Alaskans get a grip on injury law.

I wish you both a speedy recovery. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes