Woman Bruised by Hot Dog at Phillies Game

Beware of flying bats, baseballs, and hot dogs

Demonstrating good sportsmanship is valued in any competitive game.  Kathy McVay may be considered a good sport, but not for playing the game with a positive attitude.  On June 18, the Phillies baseball fan fell victim to the Phillie Phanatic’s hot dog cannon; and sustained facial bruising and a hematoma in her eye.  Instead of using the incident as an excuse to sue for personal injury, McVay is saving the accident as a funny story she can tell others. Read more

Delicious Dough Turns into a Burning Disaster

Too hot to handle

While a patron may expect and hope for a hot meal when dining out at a restaurant, there is a degree to which food may be considered too hot.  In the case of Nathanael Smith, he was served a dinner roll that physically burned his hand. Last year, Nathanael was in Ozark, Missouri with his family, on vacation.  They had decided to eat dinner at Lambert’s Café, which is famous for tossing hot rolls at the customers.  According to the lawsuit recently filed against the Café, a waiter had placed the hot roll in front of Nathanael.  The waiter had tossed a roll to Nathanael’s father and handed a roll to his mother, but physically placed Nathanael’s roll down in front of him to pick up.  When Nathanael reached for the piping hot roll, he reacted in a way that is directly linked to his brain injury.  He clenched his fist around the roll, unable to let go. Read more

Enter Walmart for Melons, Leave with a Broken Hip

Shoppers beware

Based on the evidence presented by opposing parties, a jury is faced with the dilemma of determining whether a particular lawsuit is frivolous or legitimate. The 1994 McDonald’s coffee lawsuit paved the way for public speculation of seemingly litigious lawsuits. The black and white version is that a customer sustained permanent injuries and someone had to pay the consequences. The gray line was left for the jury to determine: whether or not the customer or McDonald’s was negligent in the situation. In that particular case, the jury felt that the fast food chain carried the burden of responsibility more so than the injured party. A similar decision was met in the recent case of Henry Walker vs. Walmart. Read more

The Yankees’ Negligence May Cost Them a Nose and an Eye

Line drives may strike fans

America’s favorite pastime can become dangerous if fans do not pay attention to their surroundings. Foul balls and broken bats are common accidents within the ball park environment. When purchasing a game ticket, a fan is entering a contract to assume the risk of injury. In many instances, the “Baseball Rule” applies, where a fan cannot seek damages for wounds sustained during a major league game. One possible exception to that rule is when a child is involved.

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Red Lobster Over Serving Habit is a Danger to Elderly Community

Overflowed glasses can cause injury

Due to issues of over serving alcoholic beverages, restaurants may be held liable for any accidents or injuries that may take place after the patrons leave the establishments. This past March, following dinner and drinks at Red Lobster, an elderly, 113-pound woman in Texas fell in the popular seafood restaurant’s parking lot. Marlene Spencer’s fall resulted in a broken hip, a broken right arm, and a head injury. The 82-year-old filed a lawsuit against Red Lobster, claiming negligence.

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