Archive for the ‘Personal Injury-Liability’ Category

Supreme Court Rules That Federal Auto Safety Standards Do Not Bar State Court Lawsuits

Friday, February 25th, 2011

Despite its disappointing ruling on vaccine-related lawsuits earlier this week, the Supreme Court just decided another personal injury case that marks a significant victory for victims of negligently designed or manufactured automobiles.

In Williamson v. Mazda Motor of America, Inc., a unanimous Court held that state tort remedies are not preempted by federal minimum safety standards.  The Court found that lower courts had expanded such preemption too far in barring state law remedies for dangerous products. 

In Williamson, the victim was killed in a head-on collision because the rear center seat in the minivan she was riding in only had a lap-type seat belt rather than the safer lap/shoulder belt.  The state trial court dismissed the family’s product liability lawsuit against Mazda on the ground that it was preempted by federal motor vehicle safety standards, which allowed automakers the option of installing lap or lap/shoulder belts in the non-window position.  After the state appeals court affirmed the trial court’s decision to dismiss the case, the Supreme Court held that the regulation at issue only established a “minimum standard” and allowed a “continued meaningful role for state tort law.”

This decision will have a significant effect on millions of drivers throughout the country, including Florida residents involved in auto accidents, because over a million vehicles with this type of lap belt are still on the road.  In addition, this decision will likely be used to limit preemption of other minimum federal safety standards in future state court product safety lawsuits.

Keyless Cars May be Fatal

Thursday, February 17th, 2011

This morning’s broadcast of the “Today” show provided a grim reminder of the potential health hazards and personal injury risks in cars with keyless ignitions.  The show discussed the recent deaths of two Florida residents and a New York man in the past year from carbon monoxide poisoning when their keyless ignition vehicles, including a 2008 Lexus, remained running in their garages.  A fourth person suffered permanent brain damage.  A personal injury lawsuit has been filed in the New York case against Toyota, which owns Lexus.  More…

NJ Supreme Court Deals Blow to Premises Safety

Friday, August 6th, 2010

A ruling by the New Jersey Supreme Court has dealt a blow to consumer rights and safety expectations of the residents of the state. A 5-2 decision handed down yesterday cleared a New Jersey health club from liability in a case regarding the injury of one of its members. Bob Considine of the New Jersey Star-Ledger has these details:

In the case of Stelluti v. Casapenn Enterprises, Gina Stelluti purchased a gym membership at the Powerhouse Gym at 8:30 a.m. on Jan. 13, 2004, and was injured less than an hour later while using a stationary bicycle in a spin class.

Stelluti, of Seaside Heights, claimed the bike’s adjustable handlebars dislodged as she was instructed to stand on the pedals. Stelluti’s feet remained strapped into the pedals as she fell forward, causing her to suffer chronic neck and back pain, as well as a cracked tooth, according to court papers.

Stelluti sued Powerhouse for negligence.

The defense argued Stelluti was bound by the agreement — or the Powerhouse Waiver and Release Form — she signed before joining the gym. Among the many conditions of the form was release of liability by the club for “the sudden and unforeseen malfunctioning of any equipment.”

By allowing the gym to excuse itself from liability regarding the safety of its patrons, the New Jersey Supreme Court has made the regular task of exercising a dangerous and potentially costly activity for thousands of gym members across New Jersey. The “Waiver and Release” forms that were used by Powerhouse and many other gyms provide protection for the businesses from a wide swath of potential safety hazards, including injuries that result as a result of “general negligence”, which includes harm caused by faulty or unchecked equipment and environmental hazards such as slippery floors.

When businesses and corporations are allowed to seek profits without expending due diligence protecting their consumers, a dangerous lapse in our society’s protections occurs. At PERENICH The Law Firm, we fight for the citizens of our country that have been the victims of negligence and wrongdoing at the hands of companies that placed profits over safety. As your Tampa Bay premises liability lawyers, we can help you heal from injuries and pain that resulted from businesses not making safety their number one priority.

Pre-Injury Releases for Minors Revisited

Monday, June 21st, 2010

The Michigan Supreme Court issued a decision last Friday that closely mirrors a ruling by the Florida Supreme Court. The issue at hand dealt with pre-injury release waivers for minors, and again, that state Supreme Court reinforced the rights of minors to seek recourse for injuries that were caused by negligence or misconduct. Ed White of the Associated Press has these details:

“The court said Michigan’s 133-year-old common law, which is law rooted in the court’s previous decisions, prevents a parent from entering a contract restricting the rights of a child.

The case involved a 5-year-old boy at a birthday party who broke his leg after jumping down an inflatable slide at Bounce Party, an indoor recreation center near Grand Rapids in western Michigan.

Trent Woodman’s mother sued Bounce Party’s owner, Kera LLC, claiming it failed to properly supervise children and was negligent. The boy didn’t get a pad to move down the slide as the manufacturer required, the family said. “

Commercial business owners have the responsibility to meet a standard of safety throughout their offered services. The liability waivers that many parents sign for their minor children have not only covered inherent risks of activities (such as the natural dangers of whitewater rafting), but also instances of negligence and employee misconduct. Businesses and corporations cannot hide behind pre-injury release waivers to shield them from the responsibility to maintain a safe environment for their consumers.

We have previously written an extensive posting regarding Florida’s specific ruling and statutes, and we strongly suggest you read it over before you sign a waiver for your child. At Perenich The Law Firm, we fight for the rights of those who have been hurt or killed through the negligence and irresponsibility of others. Safety measures and laws meant to protect our children are not optional, and businesses that seek to shirk their responsibility deserve no place in our society.

IMPORTANT: Changes in FL Law Impact Waivers for Your Child

Friday, May 21st, 2010

A recent Florida Supreme Court decision and a newly passed bill from the Florida Legislature have altered the use of pre-injury releases (usually known as waivers) that many commercial establishments make parents of minor children sign. It is important that you, as a parent of a minor child, know your rights when presented with such a form.

The ruling and new statutes now say that liability waivers for commercial establishments for minor children signed by their parent may only cover injuries resulting from the inherent risks of the activity. Inherent Risk is defined within the bill as:

“[T]hose dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner.”

This new legislation does not include negligence or misconduct on behalf of the commercial establishment and its staff as provisions that may be included and enforced in these waivers. All commercial parent/minor child waivers must have the following paragraph included in a font larger than and clearly distinguishable from the rest of the text of the waiver:

“NOTICE TO THE MINOR CHILD’S NATURAL GURADIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (…name of release party or parties…) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM (…name of released party or parties…) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (…name of released party or parties…) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.”

If the waiver only covers the inherent risks as described above, it is valid and enforceable, but if negligence and misconduct are also included, you still have the right to hold the commercial entity responsible for injuries arising from those actions.

This ruling and law only apply to commercial establishments. Waivers given by non-profit, community, or volunteer-run establishments may still use waivers that cover negligence and misconduct. Be sure to look over any and all forms that you are given before your child participates in any activity that could result in injury in death.

At Perenich The Law Firm, our goal is to educate our clients to evolving laws and legislation that can impact their everyday life. Make sure to always read over any type of legal form such as a liability waiver carefully, and if in doubt, contact one of our Personal Injury attorneys here in Clearwater. We serve the Tampa Bay area, and we will assist you in navigating the murky depths which surround these legal documents.