Washington Personal Injury Blog - Wrongful Death

Swimming Pool Drains That Injure

Don Jacobs — Wed, 05 Nov 2008 20:43:43 GMT

Another child has been injured by the drain in a public swimming pool.

Electric pumps installed on large swimming pools have the power to move large quantities of water quickly. Most pools have a flat drain at the bottom. When operating, the drain has the ability to create an incredibly strong suction effect. If an object is placed against the drain, it can be nearly impossible to dislodge.

Most swimmers don’t give the drains a second thought. Kids though seem to be attracted to these when they play. Against a white pool bottom, the drain becomes an item of curiosity. When children swim down to investigate, they can be trapped underwater by the suction of the pump. Even worse, some large pools have enough suction power to tear flesh and rip out internal organs.

This very tragic result occurred at a golf club pool in Minnesota to a six year old girl. All she did was sit on the drain in a wading pool. The powerful suction tore out part of her intestines. She died later at a hospital. The injury could have been easily prevented with the installation of raised grates over the drain. These devices are now installed in many public pools. Fortunately, after the tragic result in Minnesota, the state passed legislation requiring raised drain covers for all new public pools.

Originally posted at InjuryBoard by Don Jacobs

Kids suing parents

Don Jacobs — Fri, 10 Oct 2008 13:46:32 GMT

The Washington Supreme Court looked at an interesting case involving a tragic drowning recently. The parents of a three year old girl left her in the care of her stepfather. The stepfather claimed he started a video for the child in her room and then left her alone to go downstairs and build a fire. About an hour later, he realized she was no longer in her room. He noticed the sliding glass door to the backyard was open. He walked into the back yard and found her floating face down in the pool. Efforts to resuscitate her failed and she died in the hospital. The parents filed a lawsuit against the stepfather. The court tossed the case based upon the doctrine of parental immunity. The court ruled the doctrine shields parents for any liability for negligent supervision of their children. In years past the doctrine of parental immunity was used to shield parents from any claims brought by their children. The law protected parents from suit even in horrible situations, such as rape of a child or other cruel and inhumane treatment. The law was changed decades ago to protect only those acts that amount to negligent parental supervision. Examples have included cases where parents let their children wander the neighborhood and they become injured playing with electrical wires. Parents are not immune from suit if they are acting outside of their parental obligations, such as in automobile accidents. Even though they may be transporting the child for a family purpose, the act of driving a car obligates them for any injuries caused by their mistakes, even if the person injured is one of their children. In this new case, the courts ruled the doctrine could be used to shield a stepfather if he was truly acting as a parent at the time.

Originally posted at InjuryBoard by Don Jacobs

Pedestrians and Motorists--Uneasy Bedfellows

Michael Myers — Wed, 17 Sep 2008 22:51:28 GMT

There are a number of laws defining the rights and responsibilities of pedestrians and motorists. Despite these laws, the shared use of our roads by cars and people often leads to sad results. Case in point this week in a bizarre and tragic story out of Olympia:

Preston C. Newby, 24, of Tualatin, Ore., was on a cell phone calling 9-1-1 about the accident when another vehicle swerved around the dead elk, striking Newby, who died at the scene.

Traffic was tied up for three hours while officers investigated.

The accident happened when Andrea L. Glandon, 16, of Mansfield was driving north on Interstate 5 when the 2000 Kia Sephia she was driving struck an elk, blocking another lane.

Newby came by to help.

Claudia R. Fisher, 24, of Yelm drove by in a 2002 Subaru Legacy, and swerved to miss the dead elk and the disabled car, but struck Newby, a Washington State Patrol news release today says.

In this particularly case, the driver who struck Mr. Newby potentially failed to use "due care".

Drivers exercise due care - Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary (RCW 46.61.245).

Related laws setting out the rights and responsibilities of pedestrians and drivers summarized at the Department of Transportation website.

Originally posted at InjuryBoard by Michael Myers

Accidental shooting and homeowners insurance

Don Jacobs — Thu, 26 Jun 2008 19:57:00 GMT

Although hunting season is past us in the northwest, many still take to the fields for recreational shooting. Some like to knock clay discs out of the sky to keep their shooting skills sharp for next year’s duck season. Unfortunately, humans being what we are, accidents occasionally happen. Most often due to shooter error, these accidents can have deadly if not very serious consequences if other humans are involved. So what happens if a shooting partner, hiker or some other innocent bystander becomes a victim of an accidental shooting? The tort law makes the shooter responsible for any errors. Failing to know exactly where a bullet can go or failing to properly identify a target makes the shooter responsible for any injury or damage caused. Improper muzzle control can also make the shooter responsible. Shooting victims have an absolute right to ask the errant shooter to pay for their injuries or loss of life or limb as a result of negligent shooting. How they obtain a recovery is another story. Many consumers are unaware that a negligent shooter’s homeowners insurance may provide an avenue of recovery. Most homeowner’s policies cover damages caused by accidental shooting, even if the shooting occurred far way from the home.

Originally posted at InjuryBoard by Don Jacobs

Asbestos Problems

Glenn Phillips — Thu, 27 Sep 2007 11:05:13 GMT

A new breed of asbestos lawsuits has been hitting the courts in which plaintiffs are suing employers over secondhand exposure to chemicals brought into the home on clothing. These so-called 'take-home' asbestos lawsuits, however, are getting mixed reviews from judges. In Washington, a state court of appeals ruled on Aug. 27th that families of workers who inadvertently bring asbestos home on clothes may now file their own claims against the employer, paving the way for potentially hundreds of plaintiffs to hold employers liable for asbestos-related illnesses. If you have had a problem with second hand asbestos please contact our office.

Originally posted at InjuryBoard by Glenn Phillips

Street Sweeping Machine Kills Highway Worker

Glenn Phillips — Fri, 13 Jul 2007 08:58:49 GMT

State Department of Transportation reports that today in Skagit County a contract worker was killed by a street sweeper when he was working on a repaving project.

"Everybody is pretty upset and shaken right now," DOT spokesman Dustin Terpening. "Our sympathies go out to the victim's family."
The worker, an employee of Rinker Materials of Everett, will not be named until the family is notified, Terpening said.

Originally posted at InjuryBoard by Glenn Phillips

Fourth of July Cannon Blast Kills a Little Boy

Glenn Phillips — Fri, 06 Jul 2007 10:32:43 GMT

In Olympia Washington, a family had a gathering when a small cannon exploded, that ended up killing an 8 year old boy, that was one of the many serious accidents that was involved in holiday celebrations.

The boy was hit by a piece of metal about 8 p.m. Wednesday while standing about 100 feet from the cannon, said Jim Chamberlain, chief criminal deputy of the Thurston County Sheriff's Office. Other shrapnel was hurled 234 feet, he said.

Originally posted at InjuryBoard by Glenn Phillips

South Seattle Accident Kills Man

Glenn Phillips — Thu, 25 Jan 2007 10:56:21 GMT

In the Labor and Industries accident that occurred on January 17, 2007; three employees at the Seattle Iron & Metals were repairing a large metal shredder. All of a sudden it fell on top of them, injuring two and killing one of the workers. Oddly, the machine was off when the accident occurred.

"Firefighters arrived at the business at 601 South Myrtle St. about 9 a.m. and were able to quickly remove the two injured men from beneath the wreckage. But it took them about a half-hour to get to the third man. He was pronounced dead at the scene."

After the firefighters had left all 60 employees were sent home for the day. The employees of South Seattle metal-recycling company said they weren't feeling well or safe enough to work after the accident.

Originally posted at InjuryBoard by Glenn Phillips

CNN Wrongful Death Suit Filed

Christina Cole — Sat, 30 Dec 2006 21:38:24 GMT

A wrongful death lawsuit that claims CNN's Nancy Grace pushed the mother of a missing toddler to suicide after aggressive questioning on her show has now been moved to Federal Court.

The suit filed by Melinda Duckett's relatives was moved from state court to federal court according to documents.
Lawyers for Grace and Atlanta-based CNN has asked that the case be moved to federal court, a move that is allowed when opposing parties in a suite reside or are headquartered in different states. The provision ensures state court will not be biased in favor of the party in their state.

The suit stems from a hostile September 7 interview on Grace's CNN Headline News show in which she questioned Duckett about her whereabouts on the day that her 2-year-old son, Trenton Duckett, was reported missing. The segment was aired after Melinda committed suicide.

Investigators have since named Melinda Duckett as the prime suspect in his disappearance. An attorney for Duckett's estate has said that Grace encouraged Duckett to appear on her show by saying the goal was to draw public attention to help find the boy.

The lawsuit seeks unspecified punitive damages as well as a court order preventing the show on which Duckett appeared from being broadcast again.

Originally posted at InjuryBoard by Christina Cole