The Truth About Seatbelt Safety
With April first just a few days away, many people here in Baton Rouge, LA are getting ready for April fool’s day. However, despite the fun spirit of this holiday closing in, personal injury attorney J Price McNamara and the rest of his staff want to tell you a little about one thing that most certainly is not a joke; your seatbelt.
What do we mean by this? Well, take this statistic for instance; in the year 2012 alone, if all passenger vehicle occupants ages five and older had worn seatbelts, an additional 3,031 lives would have been saved. That’s nearly twice the number of lives lost when the Titanic sunk. (NHTSA.gov)
With that being said, it has come to our attention that not many people know about the importance of seatbelt safety and how it can change the course of your life. Today we have decided to discuss some basic aspects of seatbelt safety for both adults and children in hopes that it might save some lives here in Baton Rouge.
Some Myths About Adult Seatbelt Safety
There are numerous myths about seatbelts and their effectiveness that have been floating around for many years. Many of them are quite obviously false, but with others, it can be a bit harder to tell. Let’s take a look at some of the more popular myths about seatbelts and uncover the truth behind them.
If your car has airbags, you don’t need to wear a seatbelt.
False. Regardless of whether your car has airbags or not, the safest way to travel in a vehicle is to do so while wearing a seatbelt. You are always safer with a seatbelt on.
Your seatbelt can hurt you in a crash.
The truth is everything in your car can hurt you in a crash. The walls, the glass, the metal. All of it has the potential to hard you. However, not wearing a seatbelt and being thrown around in a car during an accident, or worse, ejected from the car altogether, has a much greater chance of causing to harm that the seatbelt does. A seatbelt will keep you stationary, and help to avoid injury caused by any part of your body colliding with, or being thrown through, any part of a car.
If you aren’t going very far or traveling at a high speed, there is no need to wear a seatbelt.
Wrong again. This myth is one of the oldest and most popular in terms of seatbelt safety. In all actuality, those routine trips you take on the road can be the most dangerous. Why? Because you feel comfortable and familiar, thus you are more likely to let your guard down while driving. That means if someone pulls out in front of you, you may not be ready to slam on the breaks.
Most fatal crashes happen within twenty-five miles of home and at speeds of forty miles per hour or less. Always buckle up whether you are going five miles or fifty.
Seatbelt Safety for Children
When it comes to cars and small bodies, some of the rules change. Many people do not know that there is a right and wrong way to buckle your child in. Here are a few examples of mistakes that are made every day with children and seatbelts.
Letting your child sit in the front seat if they are twelve or younger.
Until your child is thirteen, they should always sit in the back seat of a vehicle. Front seat airbags are not designed for children and can actually seriously injure or kill them. You should also never place a rear-facing care seat in the front seat of a car.
Not wearing your seatbelt in front of them.
children learn by example. You cannot expect them to take the safety of a seatbelt seriously if you do not participate as well. always buckle up in front of them while in a car. Also, make sure to establish that wearing a seatbelt is a non-negotiable rule and that the car doesn’t move until everyone is buckled in.
We hope some of the information in this article shed new light on seatbelt safety for you and your family. If you find yourself injured in an accident despite the fact that you were properly buckled in, give the staff at the Law Offices of J Price McNamara a call. We can help you get your life back on track.
Until next time readers, buckle up and stay safe out there.
Hoverboards and the Spike in Personal Injury Cases
Hoverboards — a wildly popular gadget that is much different than Marty McFly’s flying board shown off in Back to The Future. In 2015, this self-balancing scooter soared in popularity and it seems this trend is continuing with the newest 2016 models making their way to consumers. Everyone from high-profile celebrities to kids and their parents enjoy taking a ride on their hoverboards. While these hands-free electronic boards are the hottest craze among both children and adults, there are plenty of unseen hazards to enjoying the trendiest gadget of the moment.
After a slew of injuries including dangerous falls and hoverboards catching on fire, the U.S Consumer Product Safety Commission has devoted time to look at safety concerns regarding hoverboards. So, what does this mean for hoverboard users that have experienced a personal injury due to a hoverboard accident? Personal injury attorney, J. Price McNamara explains product liability and takes a look at some of the personal injury cases that are in the works due to hoverboard incidences.
Falls, Crashes, and Spontaneous Combustion with Hoverboards
Despite the name, hoverboards don’t actually levitate like the name suggests. This gadget can more accurately be described as a hands-free, motorized scooter. The premise to riding hoverboards is pretty simple; Lean forward to move forward, lean back to reverse, and slightly shift your weight to the right or left to steer. Although steering and operating a hoverboard may seem intuitive, being stable on the board is more difficult than you would expect. Some manufacturers even recommend having a spotter when you first get on the hoverboard because it will begin to excel as soon as you apply pressure.
The difficulty with riding a hoverboard is apparent when you look at the number of injuries that occur due to falls and collisions. In fact, hoverboards have been banned in places all around the world including parts of New York City, the University of California, Los Angeles campus, and the public streets of London. The popularity of hoverboards and the lack of regulations is a dangerous combination.
Adding to the obvious dangers of this trendy gadget, there have been many reports of hoverboards exploding. A Louisiana family lost their home after their son’s hoverboard caught fire while charging the battery. The mother reported that the board caught on fire so quickly that her house was in flames within a few minutes. Fires associated with hoverboards have been traced back to faulty batteries. The lithium-ion batteries that are used to power hoverboards can overheat in some instances and then catch fire. Major retailers like Amazon are erring on the side of caution with this product and offering a full refund for consumers that want to return their hoverboards.
Hoverboards and the Louisiana Products Liability Act
Fortunately, the Lafitte family sustained no injuries from the hoverboard fire. However, this brings up the question, who would legally be responsible if an injury had occurred? There are specific laws that create legal ramifications for manufacturers with defective goods that harm consumers. Louisiana created the Louisiana Products Liability Act, LPLA, in 1988 to address this exact concern.
A manufacturer that is liable for injuries is characterized as an entity that puts its name on a product label, a seller who controls the design or quality that causes an injury, or a seller that sells products made outside of the country.
In order to successfully use LPLA in court, you must prove several elements of the specific case. A successful claim would have to prove that a dangerous characteristic of a product caused damage during anticipated use, the product caused injuries without adequate warning or the dangerous aspect of the product existed while it was still in control of the manufacturer. If you’re able to prove that a manufacturer is liable for damages that occur under the LPLA, you can be compensated for emotional stress, pain and suffering, lost income from not working, medical bills, and wrongful death.
The Consumer Product Safety Commission Chairman, Elliot F. Kaye announced last week that the CPCS staff is looking into the designs of hoverboards. Kaye stated that he didn’t believe manufacturers fully took into account how hoverboards would be affected by users at different weights.
The lack of regulations with hoverboards makes this product a personal injury lawsuit waiting to happen. It’s important to be aware of all of the safety concerns with this gadget and to be cautious with this purchase, especially if it’s a lower-end hoverboard in regards to combustion.
Contact the Law Offices of J. Price McNamara
With hundreds of falls or collisions and more than 40 hoverboard fires, this trendy gadget can certainly cause a significant amount of damage. If you’ve experienced a personal injury due to hoverboards or any other reason, contact the Law Offices of J. Price McNamara. You can seek compensation for you and your loved ones injury with the help of an experienced, knowledgeable attorney. Contact our Baton Rouge, LA office today to schedule your free case review!
Did Natural Born Killers Cause A Crime Spree?
Well, it’s time for yet another Myth Buster’s: Personal Injury Edition blog courtesy of the Baton Rouge, LA Law Offices of J. Price McNamara. This time, we’re going to talk about killers. Natural Born Killers, to be exact. Not many people have heard about this particular case, however, trust us when we say that this particular case is about as ridiculous as they come.
Hollywood has been producing films for longer than the majority of us have been alive. The genres spread across hundreds of mediums from romance, horror, suspense, mystery, mystery, etc. we’ve all been watching them for years, all of us owing large portions of our entertainment to the brilliant minds in Hollywood both on and off the screen.
However, one family decided to take inspiration to a whole other level, then retroactively blame Hollywood. More specifically, they blamed Natural Born Killer’s director Oliver Stone.
Let’s take a closer look at this story, and what actually happened.
The Crime, the Family, the Consequences.
In 1995, a young couple by the names of Sarah Edmondson and Ben Darras decided to walk into a local convenience store and rob it. Unfortunately, during the scuffle of this robbery, an innocent bystander by the name of Patsy Byers was shot and nearly killed. Instead, he was left a quadriplegic. Of course, despite how horrible these events are, they are not uncommon. Unfortunately, that’s the world we live in. However, when a crime like this strikes your family, everything becomes real. It’s no longer a story you are hearing about on the news and then moving on about your day. It’s personal, it’s life-altering, and it’s tragic.
Natural Born Killers Get the Blame
Here’s where this case jumps from the norm and into the slightly abnormal. Once apprehended the two suspects, Edmondson and her boyfriend Darras, claimed to have watched Oliver Stone’s 1994 blockbuster filmed Natural Born Killers several times before deciding to go through with their robbery plans.
In case you aren’t familiar with the movie, Natural Born Killers is a film that that follows a mentally unsound couple as they burglarize and shoot their way across the country. If you are seeing a connection between the crimes portrayed in the movie, and those committed by Edmondson and Darras, you are not alone. The family of Patsy Byers felt the same after they heard the couple spent the days before their crime watching Stone’s film several times.
Constitutional Amendments Save Stone
Like any normal family, Byers’ wanted justice, and someone to blame other than the criminals. They wanted a reason, they wanted sense to be made of a senseless situation. This is normal and nearly anyone would feel the same in a situation similar to the one Byers’ family was now in. Because of this, the family soon sought out repercussions in the form of a lawsuit filed against Stone and his movie. They claimed Stone’s film drove Edmondson and Darras to commit the crime.
However, and some might see this as unfortunate or fortunate, anger and a need for closure do not override the first amendment, under which Stone’s film is protected. That amendment promises and protects the rights of American citizens to freedom of speech, religion, and press. Stone’s film was a direct exercise of this amendment. As an American citizen, he is free to produce any film, as long as that film does not affect another person’s free will or rights. Stone was also not present at the time of the shooting and did not know of it, or the people involved, in any way.
For this reason, the lawsuit was thrown out by a judge right here in our own beautiful state of Louisiana. Edmondson and Darras were not so lucky. Edmondson, who was the one that actually shot Byers, is serving a thirty-five year prison sentence. Darras is in prison for life, as he committed murder Mississippi during the same crime spree that Byers was shot in.
And there is it. The case of the Natural Born Killers inspired crime spree busted – J. McNamara style.
Until next time readers, be safe out there and Godspeed.
How TomorrowWorld Didn’t Plan For Tomorrow
In a previous blog, we talked about a bug infestation that left partiers at the popular festival, Burning Man, literally burning from bug bites. If that wasn’t enough to make you want to steer clear of these wild youngster festivals, then this story might. Personal injury attorney, J. Price McNamara is blogging from Baton Rouge, LA to talk about how the recent EDM festival, TomorrowWorld became a riotous failure with lawsuits waiting to happen.
Trapped In a Muddy Nightmare
TomorrowWorld took place a couple weeks ago. Originating in Europe, it’s now a 3-day long music festival in the Chattahoochee Hills in Georgia. The Chattahoochee Hills are a rural farm setting that are about 45 minutes from the busy metropolis of Atlanta.
TomorrowWorld is the biggest music festival in the world with about 160,000 participants, featuring big name performers like David Guetta, Big Gigantic, and Armin Van Buuren. If you’re not familiar with these performers, all you need to know is that their songs sound a lot like “mmm-sk, mmm-sk, mmm-sk.” With the vast nature of the festival, you’d think they’d have some sort of plan B in the case of inclement weather.
The nightmare began when a torrential downpour of rain in the muggy Chattahoochee Hills turned the festival into a flooded mess. This wouldn’t have been a big deal, since most of the festival goers were too zonked out of their minds to let the weather rain on their parade, until it interfered with transportation.
Eventually, the rain got so bad that Ubers and shuttles couldn’t make it to the festival grounds to pick Saturday night’s day-pass attendants. The miles of muddy roads leading to the festival grounds made it impossible to get in out and of parking fields and to drop-off locations.
With miles of dirt roads that were impossible to drive on, day-pass attendants were totally abandoned and unable to make it back to their houses and hotels. Instead, they remained trapped in their muddy and drenched sun dresses with nowhere to go.
The music-goers that actually made it to their Lyft and Ubers after hiking for miles in the cold and dark had to pay huge surge fees. A lot of people just slept on curbs or in the grass. One volunteer described the scene as “the Hunger Games,” where people were anarchically banging on the doors of full shuttles that were trying to leave the festival.
In the volunteer’s interview with Vice, he claimed that one man just laid in the middle of the street to try and stop a jam-packed bus from leaving the grounds without him. A lot of the attendees were Atlanta locals who decided not to camp, so they could just go back to their warm comfortable bed at the end of the day.
A lot of these locals took it personally, since their support was part of the reason that the festival made its home base near Atlanta, in the first place. Instead of getting to enjoy the festival, these locals were left on the sides of muddy roads. After the chaos on Saturday, the festival released a statement saying that day-pass attendants wouldn’t be allowed in on the second day.
A Facebook page led by a 20-year veteran human rights lawyer is trying to pursue a lawsuit against TomorrowWorld for abandoning the festival-goers, after canceling the promised shuttles.
One attendee reported that they had waited in 2 lines for a shuttle, only to be told “keep walking, there are shuttles a few miles away.” The were told this even after the event organizers knew that the shuttles had been canceled.
Some people were not even allowed to exit the grounds, because security wouldn’t allow them past the checkpoints. To get around security, they were forced to sneak through the woods.
Not only were their ticket contracts broken by not allowing day pass holders to return for music on Sunday, but their lives were endangered the night before. Disabled attendants were even more neglected, stranded in their wheelchairs and unable to cross the muddy pathways.
The non-campers were stranded without shelter, food, or water. The majority of the safety and neglect could’ve been avoided if the festival had planned better, instead of making people fend for themselves.
Is There a Case?
Luckily, there were no fatalities at the festival. Just a lot of tired and angry college kids, who might’ve gotten the flu from staying out in the rain too long. Unfortunately, for those trying to sue for personal injury, they won’t have much luck.
At the time of purchasing the tickets, the attendants agreed to assume all of the risk/danger inherent in attending the event, including personal injury, damage or liability. However, there might be a case that could be built around the false imprisonment of security not allowing day-pass attendants to leave the grounds.
Top 8 Celebrity Personal Injury Lawsuits
Personal injury lawsuits are all too common for many people out there. We talked about some outrageous personal injury lawsuits in our past posts, and not surprisingly, the rich and famous of Tinseltown have their fair share of personal injury cases as well. Celebrities are not immune to dealing with these lawsuits and most these cases can range from reasonable to ridiculous quite quickly. Personal injury attorney, J. Price McNamara of Baton Rouge, LA explains the top 8 celebrity personal injury lawsuits. From dog bites to death threats, find out how some of Hollywood’s most famous personalities have been involved in a personal injury case.
Personal Injury Cases for the Rich and Famous
Personal Injury Case # 1: Dr. Phil – Dr. Phil has made a name for himself by giving other people advice, but it seems even this seemingly all-knowing Hollywood personality couldn’t have anticipated what his dog would do. Janet Harris, a long-time friend of Dr. Phil and his wife Robin McGraw, was visiting their Beverly Hills home when she was bitten by their dog, Maggie back in late 2009. Harris claims that the Korean Jindo attacked her without any warning or instigation. After being bit, Robin McGraw told her husband that Harris would need to be taken to the hospital and he reportedly told her to avoid the hospital trip because it would create bad publicity. Harris was instead privately prescribed antibiotics, but she found her arm was swollen the next day. Although Harris then went in for a tetanus shot and IV antibiotics, her condition didn’t improve. In fact, Harris developed hypersensitivity to the antibiotics, which caused her to lose hearing in her right ear and a tremor in her right hand. Harris consequently couldn’t continue to work and was forced to close down her skin care clinic in Beverly Hills. Dr. Phil has asked the lawsuit to be dismissed because Harris signed an arbitration agreement.
Personal Injury Case # 2: Lindsay Lohan – As most readers probably know, Lindsay Lohan is no stranger to the law. She was involved with a personal injury case after a paparazzo claimed that the actresses’ chauffeur ran him over while driving away from a club in Hollywood. The paparazzo, Grigor Balyan, filed the lawsuit against Lohan, her driver, and the management company. Balyan and Lohan ended up settling outside of court in 2013.
Personal Injury Case # 3: Bret Michaels – This former Poison frontman is best known for his 80s rock hits, but even this macho musician has experienced a personal injury case. Michaels filed a lawsuit against CBS and the Tony Awards after he was hit on the head from a descending backdrop. Michaels claims that he wasn’t given the proper instructions to exit and had no idea about the set change. He broke his nose, received three stitches, and claimed that the injury contributed to a brain hemorrhage. The lawsuit was settled, but the terms of the settlement aren’t known.
Personal Injury Case # 4: Joe Francis – Joe Francis, known as the creator of “Girls Gone Wild”, went to court with Wynn Casino and Hotel owner, Steve Wynn. Francis claimed that Wynn threatened to kill him after not paying a $2 million gambling debt that Francis accumulated at Wynn’s casino. In the end, Wynn sued for defamation and won the $40 million lawsuit.
Personal Injury Case # 5: Adrian Bailey – This celebrity was a member of “The Little Mermaid” Broadway musical when he sustained his injuries. Bailey’s injuries include a broken back, shattered pelvis, fractured sternum, fractured wrist, and fractured foot after falling through a trap door. He went on to to file a lawsuit against Disney by claiming there were no warnings or devices that could have prevented his fall.
Personal Injury Case # 6: Hulk Hogan – Although Hulk Hogan isn’t directly responsible for injuries sustained by a man injured in a car crash with his son, he is still liable as the parent of Nick Bollea, who was 17 years old at the time of the incident. The man who was critically injured, John Graziano, was in the passenger seat at the time Bollea lost control of his car and crashed into a palm tree. Graziano was hospitalized for two years and still remains in a minimally conscious state. Bollea spent five months and jail and Hulk Hogan settled the lawsuit with the Graziano family.
Personal Injury Case # 7: Britney Spears – This pop princess was in a legal battle with a former backup dancer who sustained a broken nose due to claims of negligence and battery. The backup dancer’s lawsuit claimed that Spears struggled to nail down any dance moves and hit the dancer in the face after twirling around with her arms extended. The dancer then went to the doctor and learned she would need to repair her nasal bone fracture. Spears said she would pay for medical bills but failed to do so, which lead to the dancer to file a lawsuit.
Personal Injury Case # 8: Rick Springfield – On the wackier side of things, this is next lawsuit is a strange one even by Hollywood’s standards. 80s musician Rick Springfield was involved in a personal injury lawsuit when concert goer, Vicki Calcagno sued for personal injuries sustained from Springfield’s butt hitting her head. Calcagno claimed that Springfield fell on her during a concert at the New York State Fair in 2004, which caused her to suffer from disabling, permanent injuries. Springfield denies ever falling on her. In the end, the jury sided with Springfield due to lack of witnesses, photos, or videos as evidence.
Call the Law Offices of J. Price McNamara
Celebrity or not, you’re going to want experienced and qualified legal representation for your personal injury lawsuit. If you or someone you know is currently dealing with serious injuries, contact the Law Offices of J. Price McNamara. Attorney J. Price McNamara has made a difference in the lives of his clients for decades. To get the compensation you deserve for your injuries, contact our office to schedule your free case review.
Amazon Prime Day Preventing Personal Injury
Well, folks, it’s Amazon Prime day. For those of you who don’t know what Amazon Prime Day is, it’s the equivalent to a Black Friday sale, only it’s online and made available to Amazon Prime members only (which is like nearly everyone and anyone who uses Amazon. Seriously, if you have a Costco club member card then congratulations because you are in much more exclusive club than Amazon Prime.)
In all reality, Amazon Prime Day seems to be the day that some poor imaginary sap walked into a room everyone had forgotten about at the Amazon headquarters. That room happened to be filled with a plethora of unsold merchandise. The aforementioned poor sap then comes running out of the room like his hair’s on fire and screams “We have to sell this stuff! Quick! Make up a holiday, slash the prices, and throw in a few tv’s to catch people’s attention!” Thus was the birth of Amazon Prime Day (not really, but we like to imagine this is how it happened.) All kidding aside, it’s basically a garage sale, turned marketing opportunity, turned Black Friday in July. Only virtual.
And thank goodness for that. In fact, we’re hoping massive sales from the physical world continue to transcend into the virtual world. Permanently.
Now, at this point you may be asking yourself why we’re saying this. And it’s a very logical question. Aside from the people camping outside Best Buy, Macy’s and Old Navy for three days with war paint on their faces and tents behind them, what’s not to love about Black Friday type sales, right?
That was sarcasm. Black Friday sales are awful. They are awful and dangerous.
The Mayhem Ensues
While personal injury attorneys need work as much as the next person, we have our boundaries. No one in their right mind likes to see people trampling over one another in the name of holiday spirit and they try and cram through the doors of Target and sprint for the one of the three flat screen tv’s that seventy other people are also sprinting toward. Tis’ the season, right?
If you don’t believe us, simply go to youtube.com type in “black Friday security camera footage,” put on Tchaikovsky’s 1812 Festival Overture in the background and watch the mayhem unfold as capitalism rears its head. It’s actually funny. That is until you start to notice people are getting hurt. People are stepping on other people, pushing them, shoving them, and even downright brawling with one another, all in the name of an XBOX.
The ones that limp away from these economic extravaganzas end up needing personal attorney lawyers because some man accidentally punched their grandmother in the face while reaching for the last $20 Blu-Ray player. We’re not kidding, guys. This type of thing actually happens! It’s sad, unnecessary and frankly discouraging to know that people can let themselves get so caught up in a frenzy that they end up hurting another person for a material item.
A Long Awaited Solution
As it appears humans cannot play nicely with one another when there are only ten Kindle Fires on sale for $40 bucks and a whopping seven Playstation 4’s whose prices have been slashed in half, we’re honestly glad sales like these are being transferred to the internet. This way, when people get upset the only thing they have to scream at is their computer screen.
So to all our coupon cutters, extreme shoppers, deal hounds and the many relieved courtesy clerks out there, we wish you a very happy Amazon Prime Day.
Louisiana Kidnap Victim’s Family Hunts Down And Kills Abductor
In a story straight out of a made for television action movie, a man looking for his abducted cousin kicked down the back door of an abandoned house to rescue his cousin last week. During the incident, the man also shot and killed her kidnapper.
The surrounding community was in shock as none suspected the events that were taking place on the seemingly quiet street. And despite the fact that the man hunted down and killed his cousin’s kidnapper the shooting has been ruled justified by the Lafayette Parish Sheriff’s Department.
In the interest of protecting the identities if the victim and the victim’s family, the cousin’s name was withheld by the sheriff’s department. The abduction victim was 29-year-old Bethany Arceneaux who reportedly knew her abductor.
Arceneaux disappeared Wednesday night. Thomas’ car was found that night abandoned behind a cane field about a mile from a road. After making a complete search of the area after the cousin’s disappearance, family members came across an area where they felt a strong suspicion that Arceneaux might be. Those suspicions were confirmed when the cousin heard Arceneaux’s voice.
According to witnesses, the cousin said he heard screams from a nearby house as he stood on the sidewalk. Whether it was luck or careful planning, no one would say, but the cousin said he actually saw a man start stabbing Bethany Arceneaux. At that point, he broke through the door and fired several shots with a handgun. The cousin told police he wasn’t sure if he hit the kidnapper because the house was so dark.
Inside, police officers found the unresponsive body of Scott Thomas. According to the family, Thomas has a child with Arceneaux and had previously violated a restraining order protecting her.
Arceneaux was hospitalized with wounds but is expected to make a full recovery. The child was not involved in the incident and was not reported to have been injured in the melee.
Interestingly enough, police and bloodhounds had searched the area without success the day before the family located Arceneaux. The following morning, police were met by about 20 relatives who decided to organize their own search party.
Officers and relatives searched the area until about noon, when one of the family members found the house. Local authorities say that the family just happened to be at the right place at the right time and were able to prevent a possible tragedy for Arceneaux.
After a careful investigation, the sheriff’s department concluded the cousin acted within his rights. In Louisiana, a state law that allows deadly force to be used in preventing great bodily harm or death. It is likely that the case also will be reviewed by the district attorney. However, many believe that given the circumstances, no charges will be filed.
See J. Price McNamara For Legal Help With Your Injuries
If you or someone you know has been injured by the negligent actions of another person, you should contact a legal professional immediately. The law may limit the time you have to file your lawsuit, so do not wait! J. Price McNamara is a well respected attorney in the Louisiana legal field and beyond for his expertise, skill and tenacious advocacy for his clients. Attorney McNamara can help you get the compensation you deserve for your injuries, so don’t wait to seek legal help. Call us today for your free case review and find out how J. Price McNamara can work for you!
New Orleans Nun Sues Over Auto Accident Injuries
PERSONAL INJURY IN METAIRIE AND BATON ROUGE
Car accidents can cause serious injuries; in fact, roughly three million Americans are injured invehicle accidents each year. What’s more, 98 percent of accidents are caused by negligent drivers and are, in principle, fully preventable. Drivers have a duty of care towards each other to exercise reasonable precaution. In non-legal terms, what taking reasonable precaution means is avoiding distractions, driving safely, and following all traffic laws, no matter how inconvenient they may seem. Breaching the duty of care can result in significant injury or worse. This is exactly what happened in the case of Christian Green, who is being sued for hitting a New Orleans’ nun’s car after allegedly making a left turn against the light.
Negligent Driving and its Consequences
A New Orleans-based nun, Sister Vincent Marie Wilson of the Franciscan Handmaids of Mary, has filed a lawsuit against Green, a Louisiana driver who is accused of making an illegal left turn before colliding into Sister Wilson’s vehicle on August 7 of last year. Claiming to have suffered severe personal injuries as a result of theaccident, the plaintiff is seeking compensation for past and future damages, medical expenses, and non-economic costs, including pain and suffering. Green is accused of negligence, including a failure to properly control the vehicle and driving in a careless, reckless manner.
According to the suit, Green made a left turn against the light before hitting Wilson’s car. Green was reportedly arrested at the scene for failing to provide proof of insurance. The suit reports that the collision caused Wilson to suffer from back, neck, shoulder, and pelvic injuries, for which she claims to have undergone medical treatment and physical therapy. Sister Wilson also asserts that the accident caused mental distress, shock, depression, anxiety, and sleeping problems and that directly following the collision she was unable to continue to perform routine daily tasks.
Seeking compensation for personal and physical damages, Sister Wilson has filed a lawsuit against Green, as well as the car’s owner, Jasmine Martin. Also implicated is Martin’s insurance provider, Progressive Security Insurance Company. The case has been assigned to District D Judge Lloyd J. Medley, of the New Orleans Parish Central District Court.
Protect Yourself Against Negligent Drivers
If you have recently been the victim of a negligent driver and have suffered from injuries or damages, you may be entitled to compensation. To successfully fight for the recompense you merit, it’s important to hire an experienced attorney with the know-how to capably represent your interests. Price McNamara is a tried personal injury attorney in the Metairie and Baton Rouge, LA areas who has helped hundreds of clients achieve the results they seek. His devotion to his clients and his passion for law has earned Price McNamara an AV-rating, the highest peer review rating offered for Professional Excellent and Ethical Standards. Schedule your free case review at the Law Offices of J. Price McNamara today: (225) 201-8311!
Woman Injured After Boat and Bridge Collision
PERSONAL INJURY ATTORNEY | BATON ROUGE, LA
Metairie residents were shocked this summer when a recreational boat collided with the Lake Pontchartrain Causeway in June. The 21 foot fiberglass boat hit the bridge and was carrying five people, all family. According to Jefferson Parish and bridge authorities, one woman was injured when she and one other passenger were thrown from the boat. One of them was wearing a life jacket, while the other was thrown a life preserver while in the water.
Assessing the Boating Accident in Metairie, LA
Under General Maritime Law and Personal Injury, the injured woman in this scenario could have the standing to sue for injuries sustained from a recreational boating incident. The question, however, is who was responsible for the accident. For this scenario, there are a few points that must be taken into account:
Could the driver have avoided the bridge?
Was the driver being negligent?
Did the driver intend to crash the boat into the causeway?
Was there something wrong with the boat’s mechanics?
After a follow-up questioning with the driver by the authorities, he claimed that he had lost control of the steering, at which point the boat clipped the piling and crashed into the bridge.
If the boat’s steering had been faulty because of the manufacturer’s oversight, then the injured woman and her family have grounds to sue the manufacturer for negligence. However, if witnesses can prove that the driver was distracted while driving or not suited to drive the boat, then the driver could be sued for negligence.
Contact Our Team for A Free Case Review
Customer Sues Local Bar for Hole in Parking Lot
PREMISES LIABILITY BATON ROUGE, LA
A Jefferson Parish man, Alberto Caceras, is suing a local bar for getting allegedly injured after stepping into a hole in the bar’s parking lot. He is suing the bar and its landlord for failing to maintain areas passed through by pedestrians, failure to upkeep public premises, failing to warn customers, and failing to observe the hazard.
Caceras claims he was at Bottom Line Bar and Grill in Metairie when he was talking to a friend in the parking lot and stepped backwards into a hole. The plaintiff claims that he received disabling injuries in the fall and is suing for suffering, distress, loss of earnings, and medical expenses.
This case is an example of premises liability and personal injury, for which the Law Offices of J. Price McNamara have years of experience representing.
Premises Liability in Baton Rouge and Metairie, LA
You have a case for premises liability if your fall and subsequent injuries were due to dangerous conditions caused by negligence. Landlords and property owners are expected to adhere to a standard of safety; failure to comply can lead to injuries and lawsuits.
Do You Have Grounds for a Premises Liability Lawsuit?
There are some things to consider when filing a lawsuit for premises liability:
- You must be an invitee to the premises (i.e. a customer).
- There are three broad categories of premises liability: slip and fall, trip and fall, and construction accidents. You can consult with one of our attorneys to determine which one yours is.
- You must get yourself and your injuries examined by a doctor to have a case. Keep records of every test and visit.
- There is a statute of limitations on filing legal action.
- Contact an attorney right away. The sooner you have an attorney help you with your case, the better your chances of building a formidable case.
Call Our Experienced Attorneys for Premises Liability in Louisiana
Call the Law Offices of J. Price McNamara for representation and advice in filing your premises liability or personal injury lawsuit. Your first consultation with us is free, and we will be honest and forthcoming with you about whether you have a case based off of the evidence. We have two offices: Baton Rouge (225) 201-8311 and Metairie (504) 458-8455. Give us a call today for free legal advice!
Marriot Sued by Lousiana Woman Injured in Elevator Slip and Fall
PERSONAL INJURY ATTORNEY, PREMISES LIABILITY, LA
Marriot Customer Sues After Elevator Slip and Fall
On June 30, 2014 a Lousiana woman filed suit against Marriott Hotel Services Inc., Marriott’s Ko Olina Beach Club, Marriott Ownership Resorts and Marriott Vacation Club International in the 24th Judicial District Court. Lauren A. Welch asserts that she broke her foot and a tooth when she slipped and fell on a slick area while entering one of the elevators in Marriot’s Ko Olina Beach Club
The case will be presided over by Judge Henry G. Sullivan Jr. in the 24th Judicial District Courtin Louisiana. Marriott is being accused of allowing the hazardous condition of the slick elevator floor to exist, failing to properly monitor the condition of the floor in the elevator, creating a hazard for patrons, and failing to properly train and supervise employees. An unspecified amount in damages is being sought for physical disability, mental pain and suffering, loss of enjoyment of life, and also for medical expenses.
Injured? The Law Offices of J. Price McNamara Can Help!
Hotels have a high duty of care for their guests and customers. This includes maintaining a safe and clean premises in order to prevent unreasonable hazards and dangers to the safety and well being of their guests. If you are injured while staying at a hotel, then having an experienced and knowledgeable personal injury attorney can help you seek the appropriate compensation that you may be entitled to for your injury. Do not let yourself be a victim twice! Contact the Law Offices of J. Price McNamara for your free case review and consultation today!
Louisiana Residents Notified that their Hurricane Katrina, Rita Claims are Denied
HURRICANE KATRINA CLAIMS DENIED BATON ROUGE, LA
Over 500,000 Louisiana residents and business owners filed claims for trillions of dollars of damages against the Army Corps of Engineers for the failure of the levee systems during Hurricanes Rita and Katrina. The levees were designed and built by the Army Corps of Engineers.
Earl H. Stockdale, chief counsel for the corps, told the Louisiana residents in a letter that their claims were denied. He said, “The United States is immune from personal injury, property damage, and wrongful death claims resulting from the exercise or performance or the failure to exercise or perform a discretionary function or duty…the United States is also immune from damages from floodwaters.” This immunity comes from the Flood Control Act of 1928, and protects the Army Corps of Engineers no matter how negligent it may have been in constructing and designing the levees.
Those dissatisfied with the judgment are allowed to file suit in a United States District Court no later than six months from the mailing of the letter. For suits like this, it is wise to use an experienced and aggressive lawyer to represent your claim.
Choose the Law Offices of J. Price McNamara for Wrongful Death, Property Damage, and Personal Injury Claims
If you feel you or a family member are the victims of wrongful death, property damage, or personal injury due to another’s negligence, then please contact J. Price McNamara and his law offices for a free consultation. We are happy to give free legal advice and help plan the next steps in the process. Ultimately, we want to help you achieve justice. J. Price McNamara has numerous successful settlements to his name–many against huge corporations and insurance companies.
At the Law Offices of J. Price McNamara, we take a limited caseload approach to every case. We also remain honest with clients about whether we think their claim has a chance for success. It is this client-centered approach that allows us to devote more time and attention to every case, whilst keeping the client abreast of every development in the legal process. We also believe our approach makes for a greater chance of success.
Schedule a Free Legal Consultation in Baton Rouge and Metairie, LA
For wrongful death, personal injury, and property damage claims, contact the Law Offices of J. Price McNamara for expert advice and representation. We offer free legal consultations and provide honest feedback about whether your case has a chance for a success. For your personal and free consultation, call our offices today: Baton Rouge: (225) 201-8311 | Metairie: (504) 458-8455
BNSF Railway Employee Awarded $500,000 in Personal Injury Trial
RAILROAD WORKER INJURY IN BATON ROUGE, LA
In the United States, and especially in the state of Louisiana, workers who are injured while on the job are legally entitled to worker’s compensation. Sometimes the employer may shirk the responsibility of providing their employees with adequate recompense for an on-the-job injury. This was the case when, in 2006, Thomas Tsohonis suffered an on-site accident while working on a train crane for his employer, BNSF Railway. After a long legal battle, a Billings, MT jury awarded Mr. Tsohonis with a $500,000 award on June 17, 2014.
The 60 year old Mr. Tsohonis allegedly suffered a debilitating personal injury when he slipped and fell while repairing a train crane in the city of Billings, MT. Resulting in severe back pain, the accident condemned him to a premature end to the physically demanding work that had kept him employed with BNSF for over 31 years. According to an economist’s analysis and estimate, Mr. Tsohonis forwent between $489,000 and $716,000 in lost wages between the time of the accident and the expected time of retirement.
BNSF Railway is the second-largest freight railroad firm in the United States, controlling three transcontinental rail routes and a variety of other inter-regional rails spread across 27 U.S. states. The Fort Worth, TX based company employs over 40,000 employees, 6,400 locomotives, and more than 85,000 freight cars. According to Securities and Exchange Commission (SEC) data, BNSF reported total equity for the fiscal year of 2011 being $43.8 billion.
According to Jon M. Moyers, Mr. Tsohonis’ attorney, his client had suffered from a hyperextension of the back in October 2006, while working for BNSF as a mechanic. A hyperextension exists when the lordosis, which refers to the natural curve of the lower back, is excessively rounded. This type of injury causes both immediate and long-term pain, which can make the carrying out of everyday activities difficult and uncomfortable. As a result of the back injury, Mr. Tsohonis claims that he was no longer able to continue working for BNSF as a mechanic.
BNSF attorney Anthony Nicastro denied that this particular injury had resulted from an at-work accident and argued that Mr. Tsohonis’ back problems stemmed from an injury sustained at home in December 2007. The company did acknowledge that their employee had suffered an accident in October 2006, but held that it did not lead to the physical health problems that Mr. Tsohonis seeks to make BNSF liable for. In response, Moyers accussed Nicastro of making an “offensive” argument and suggested that the firm had failed to take responsibility.
“It’s [BNSF’s] fault, 100 percent. What is their defense? I really don’t know,” claimed Moyers while giving his closing argument.
The jury apparently agreed with Mr. Tsohinis and with his attorney, Jon Moyers. Believing that BNSF Railway had violated its duty of precaution, the jury awarded the plaintiff a $500,000 award for the injuries sustained and the wages lost as a result of incapacitation.
Schedule Your Free Case Review Today
If you have suffered an injury while on the job, Price McNamara and his expert J. Price McNamara legal team have the know-how and experience to represent your interests in court. A former prosecutor and insurance company defense attorney, McNamara specializes in using this accumulated knowledge to protect workers from insurance companies and firms intent on evading their responsibility to provide compensation. Contact our Baton Rouge, LA to schedule your free case review and consultation with our practiced legal team today!
GM Expands Ignition Switch Recall; Victims Not Entitled to Compensation Have the Option to Sue
GM VICTIMS HAVE OPTION TO SUE BATON ROUGE, LA
GM has been in the news lately for its promise to compensate victims of crashes due to ignition switch failure. Well, the list of cars with that ignition issue has expanded by over 6 million older vehicles. These vehicles include many Oldsmobile, Pontiac, and Chevy models from 1997-2008. However, these recent recalls are not eligible for compensation. GM only created their compensation fund for the 2.6 vehicles recalled in February. The fund is not available for any later recalls.
GM says that this is because one issue has to do with the ignition switch itself, and the other issue has to do with the key. If you believe a crash you or a family member was in was the result of an ignition issue, you may have grounds for a wrongful death or injury lawsuit.
The Law Offices of J. Price McNamara Can Help with Wrongful Death Lawsuits
If you feel you are a victim of someone else’s negligence, contact our office. J. Price McNamara and his law offices have experience with personal injury and wrongful death lawsuits. Whether you need legal advice or representation, we are happy to help—and the first consultation is free! We have represented clients against large insurance companies and corporations before, and won! We have been victorious against such large companies as:
· Allstate Insurance Co.
· State Farm Insurance Co.
· Transit Management of Southeast Louisiana
(See the full list here)
J. Price McNamara has experience as a former insurance company defense attorney, and is in pursuit of a mission to stop companies from taking advantage of injured and disabled victims. In addition to this mission, J. Price McNamara also believes in taking a limited caseload. This way, we can give each client more attention and personalized service. J. Price McNamara is dedicated to your victory!
Contact Our Office for a Free Legal Consultation in Baton Rouge, LA
If you feel like you have been the victim of a large corporation’s negligence, such as GM, contact The Law Offices of J. Price McNamara. We have offices in Baton Rouge, LA and Metairie, LA. Our offices are dedicated to giving personalized service and keeping a limited caseload to better serve our clients. It is our personal mission to hold large corporations accountable for any negligence on their part.
Call our offices today:
Baton Rouge: (225) 201-8311
Metairie: (504) 458-8455
Widow of Louisiana Victim Files Lawsuit Against Pipeline Company
WRONGFUL DEATH LAWSUIT BATON ROUGE, LA
The widow of a Louisiana man is filing a wrongful death lawsuit against Precision Pipeline, a Wisconsin-based pipeline company. Jennifer McDannell’s husband was killed when a 7,000-pound section of pipe crashed through the cab of an excavator he was operating and struck him in the chest. The incident occurred in 2012 in Brooke County, West Virginia.
McDannell is claiming working conditions were unsafe, the pipe was unsecure, and there was no protective screen on the front of the cab. She is seeking damages for the death of her husband, funeral costs, and mental anguish experienced from the loss.
For cases like these, The Law Offices of J. Price McNamara can help represent you. We offer free consultations so that you can get expert legal advice on what your next step should be.
Contact J. Price McNamara for Wrongful Death Lawsuits in Baton Rouge, LA
If you have suffered through a loss you believe is the result of another person’s negligence or wrongful act, you may be entitled to an award of damages for wrongful death. In Louisiana, only a surviving spouse, parent, guardian, or child may pursue a wrongful death case. You only have two years from the loved one’s death to file a wrongful death lawsuit. It is imperative you speak with a personal injury attorney as soon as possible. A personal injury lawyer is needed for such cases in order to properly assess liability, damages, insurance, as well as access to experts in the field. If you believe a loved one’s death was the result of a wrongful or negligent act, we want to help you seek justice.
Free Legal Consultations in Baton Rouge, LA
J. Price McNamra is an experienced personal injury attorney that can help guide you on the right course of action. We are happy to give free legal advice and determine if your claim is grounds for a lawsuit. We will also take the time to educate you on the personal injury litigation process, what to expect, and personally prepare you for any depositions. We believe in taking a limited case load in order to devote more time and personal attention to your case. We believe the attorney and client should be on the same page for the entire process! Contact our firm for a free consultation: (225) 201-8311. We help clients in the Baton Rouge and Metairie, LA areas.