Civil Law Articles

Colorado Murders may now have Civil Lawsuits Filed

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There could be several lawsuits filed against the movie theater for the death and injury of friends and family for the shooting.  While any lawsuit at this point would not have a good legal basis while the facts are still being developed, that is not to say that the victims will not go forward with the litigation.  The main issue would be negligent security at the movie theater.  These type of cases usually involve a known danger and a preventable danger.  In this case it will be difficult to show that the theater could have prevent this horrible event, because there was not basis for them to suspect that such a catastrophic tragedy would occur.  Many negligent security cases involve fights, assaults and even murders.  However, the business owner has some notice that this could occur at their location and did nothing to ensure the safety of the business invitees.

A good personal injury lawyer will have the ability to determine whether a negligent security case can be brought based on the facts as they are now presented.  It is my opinion that any case will most likely be dismissed based on the facts that have been released by the police in Colorado.  There would have to be some basis for the case to withstand a challenge from any good law firm and fighting insurance companies is no easy task.  Many times the insurance company will make every effort to ensure that their case has an advantage and in doing so weaken a real plaintiffs case.  Frivolous lawsuits do occur and our guess would be that any lawsuit brought against the movie theater in this case will be dismissed.  Our negligent security attorneys are familiar with what needs to be alleged to win a negligent security case and from the information provided to date, these facts are not present in this case.

Hiring a good personal injury lawyer is important at many different levels.  First the lawyer should be able to inform you as to the type of case you may have and whether it is worth while to pursue into court.  Many lawyers will tell you that for case is great, but then refuse to file a lawsuit on your behalf.  This usually means the lawyer prefers not to go to court or that the case was never really that good to begin with.  You should always speak to at least two personal injury attorneys or two personal injury law firms prior to hiring anyone to represent you or a family member.  All lawyers have different opinions as to what a case may be worth or what to expect in the litigation.  Just as some lawyers never handle real estate or wills, some lawyers never handle wrongful death or catastrophic injury cases.  Each case is different and you will not know which personal injury lawyer is right for you until the case starts to progress.  Many times injury cases take years to either resolve or go to trial.  In the past decade mediation has become a requirement in most jurisdictions and ends up settling many cases.  Our personal injury lawyers in Myrtle Beach, SC are experienced in negligent security cases and wrongful death cases.  You may contact one of our Myrtle Beach lawyers at www.TheMaceFirm.com.

Foul Ball at Braves Game Sparks Lawsuit

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On August 30, 2010 at a Braves-Mets game at Turner Field, a foul ball struck the head of a 6 year old girl. As a result of the hit, her skull was fractured, damaging her brain. This week, her father and the family’s personal injury lawyer filed a personal injury lawsuit against the Braves, Liberty Media Corp and Major League Baseball Enterprises. The suit alleges that they were “negligent for failing to provide proper protection for his daughter.” Despite tons of suits that are filed each year by spectators who were struck by balls, the Braves and the MLB declined comment on this particular suit.

The suit was filed Monday in Fulton County State Court and does not reveal the identities of the girl and her father to protect the girl’s privacy. The personal injury lawsuit seeks unspecified damages for the girl’s pain and suffering, punitive damages and compensation for the family’s medical expenses, which are expected to be in excess of $100,000.

Approximately 200 lawsuits are filed every year by spectators hit by bats and balls at all levels of competition down to Little League, said Gil Fried, representative for the University of New Haven’s management and sports department. Typically, the lawsuits rarely succeed. “It’s the baseball rule: Tough luck. When you come to the ballpark, you assume the risk,” Fried said. In fact, the reverse side of all baseball tickets offers this warning: “The holder assumes all risk and danger incidental to the game of baseball, whether occurring prior to, during or subsequent to, the actual playing of the game, including specifically … the danger of being injured by thrown or batted balls, thrown or broken bats.”

For the sake of this family, hopefully their personal injury lawyer will be able to get them the compensation they deserve. It is always wise to speak with an experienced injury attorney to help you or your family file an injury lawsuit.  Call one of the Myrtle Beach personal injury attorneys at The Mace Firm. Our experienced Myrtle Beach lawyers are ready to speak with you about your case.

Another Automobile Related Death in the Myrtle Beach Area

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Today, a woman has been killed in an automobile accident near Surfside Beach, South Carolina.  The accident occurred on U.S. 17, which is one of the most dangerous roads in the this part of the state.  It appears from initial reports that the accident occurred during rush hour and several vehicles were involved in the collision.  I passed the exact area where the accident occurred about 15 minutes prior to the accident.  This road is extremely dangerous because of the amount of traffic entering and exiting the highway.

There is some confusion about the proper way to enter and exit this stretch of road.   The numerous businesses adjacent to the highway make for visual distractions, which at times contribute to the motor vehicle collisions in the area.  It is horrible when someone is killed on a road with a speed limit of 55.  There definitely was some negligent conduct by one or more of the drivers involved.  A good personal injury lawyer in Myrtle Beach would be helpful in sorting out who was at fault and what type of injury case each victim may have .  The family of the deceased woman may also have a claim for wrongful death.

A wrongful death claim requires the opening on an estate.  In this case there must be a determination as to what county the accident occurred in.  This location is very close to the boarder for both Horry County and Georgetown County.   Once the estate is opened the case begins and a lawsuit is usually filed on behalf of the personal representative.  Our Myrtle Beach injury lawyers have experience in this type of case and would be eager to assist anyone injured in this accident.  Our condolences go out to the woman’s family.

Deadly Weekend In Miami

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Wrongful death can occur anywhere.  In a tragic introduction to a holiday week, car accidents caused by out of control vehicles have claimed seven lives in Miami, including three members of a single family and two church leaders.

The deadliest of the crashes happened in Little Havana last Saturday when a van crashed into a family from Georgia walking to their car after an afternoon baseball game at the new Marlins Park. The family was on the sidewalk when they were struck by the van. Of those killed were a 13-year-old girl, a 14-year-old boy, a 50-year-old woman and the driver of the out of control minivan. All were pronounced dead at Jackson Memorial Hospital, according to authorities. A surviving 10-year-old girl was in extremely critical condition Sunday night and a fifth family member, a man in his 60s who was unhurt but witnessed the horrific accident and was overcome with grief, was also hospitalized.

The driver of the van was identified as Raul Herberto Ortega, 67, and is believed to have suffered a heart attack just before losing control of his red 2006 Dodge Caravan, police said.

At approximately the same time in Liberty City, two more deaths occurred. Two church leaders stopped to have something to eat at Jumbo’s Restaurant, a landmark in the city. While they were standing outside, a pick-up truck sped by and flew out of control, slamming into the pair. As a result of the crash, one of the victims was “sent flying into the restaurant as the truck pushed one of the victims’ parked vehicle into the restaurant’s front wall, shattering three window panels and leaving a gaping hole.” The driver of the pick-up, Antonio Lawrence, 53, was charged with two counts of DUI manslaughter and was being held in jail on $30,000 bond.

The seventh victim in the flurry of fatal crashes died around 1 a.m. Sunday morning in Pembroke Pines. Police said “a white, two-door Nissan spun out of control, hit the curb and slammed into a concrete utility pole near the Shops at Pembroke Gardens, in the 900 block of Southwest 145th Avenue.” The impact split the vehicle in half which caused the front-seat passenger to be ejected from the vehicle. He died at the scene. Police did not identify him, but said he was 22 years old. The driver, 21-year-old Kevin Singh, was hospitalized and is said to have non-life threatening injuries.

If you or someone you know has been injured or killed in a car accident, you will benefit from speaking with a good personal injury lawyer or wrongful death lawyer. Call one of the Myrtle Beach personal injury attorneys at The Mace Firm. Our experienced Myrtle Beach lawyers are ready to speak with you about your case.