Tag Archives: injury

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. Continue reading →

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 may 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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An Eye for an Eye, but $20 Million Is Fine, Too

Off the court

There is a big difference between popping bottles and throwing bottles.  Just ask frenemies Chris Brown and Drake.  During the early morning hours of June 14, 2012, a fight broke out between the two music moguls at the über-trendy SoHo nightclub W.i.P (Work in Progress).  Theories abound about the impetus of the scuffle, with many news outlets sourcing it to Drake’s boasts about the affections of Rihanna, but one thing’s for certain: it got out of hand and some innocent celebrity bystanders were injured in the fallout.  San Antonio Spurs superstar Tony Parker found himself in the crossfire when the singers started lobbing bottles at each other.  A piece of glass lodged itself in Parker’s eye, an injury which brings his upcoming Olympic showing into question. Parker has brought a lawsuit against the owners of the club seeking damages to the tune of $20 million on the theory that the owners “should have known better” than to give Drake and Brown alcohol and sit them near each other.  Kind of like tossing a steak between two hungry dogs.

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Woman Wins $300k Due to Personal Trainer’s Negligence

Seems legit

When you purchase the services of a personal trainer, you hold an expectation that they have an idea or two about what’s good for your health and that their supervision over unfamiliar workouts comes with a certain expectation of safety.  A New York woman found out the hard way that this is not actually true.  The woman was exercising with her personal trainer, presumably pumping mad iron, when the trainer advised her to try out a new exercise using strange equipment or on a machine of some sort (the press release from which I found this story is a bit lacking in specific detail).  She was hesitant at first because she had never done the exercise before, but continued anyway after the reassurance of her trainer.

Read more to find out how this all went wrong, and quick