Liable In a Roller Coaster Accident

Who Is Liable In a Roller Coaster Accident?

Legal AssistantBusiness Law, Personal Injury Law

It’s all fun and games at amusement parks until someone gets hurt. No one ever goes to Disney World thinking that they may require medical attention afterward.

According to statistics from the Consumer Product Safety Commission, approximately 8,800 people get injured on roller coaster rides every year. In reality, this number could be much higher since this data only accounts for people who suffered injuries that were serious enough to warrant emergency room treatment.

The real question is – who is liable in a roller coaster accident? Here’s everything you need to know.

Premises Liability Explained

If you’re involved in a theme park or amusement park accident, and you want to pursue an injury claim against the park, the laws of premises liability will usually kick-in in such scenarios. The same thing applies if you get hurt in a water park accident.

Premises liability refers to the set of laws used to determine who the at-fault party is when the use of land, buildings, or any other type of property results in an injury. These laws also apply in the context of the rides and activities that take place in amusement parks.

While the specific laws governing premises liability may vary from state to state, they all generally recognize three categories of “entrants” on the property – invitees, licensees, and trespassers. The property owner is responsible for providing different levels of “care” depending on the type of entrant in question.

Some states don’t make any distinction between the different types of entrants, instead following the rule that the owner of the property is only required to provide a “reasonable” amount of safety under the conditions.

Invitees and Trespassers

Whether or not a particular state follows the rules of premises liability, particularly those that make a distinction between the various categories of entrants, the injured plaintiffs will always fall into one of two classes – invitees or trespassers.

Invitees are individuals who were legally admitted to the property and were permitted to be there at the time of the accident. Trespassers, on the other hand, refer to people who were not legally permitted to be on the property at the time the accident occurred.

The amusement park is responsible for ensuring that all aspects of the park are maintained in safe conditions for individuals who are legally admitted to the park, either as paying customers or as people with free admission.

Duty of Care

The park has a duty of care to warn invitees of any dangerous conditions that it may be aware of. The failure to issue such a warning means that it has effectively failed to deliver on this responsibility and, as such, is considered to be in “breach of duty.”

As far as trespassing goes, the park does not owe any duty of care to individuals who are on the property illegally. If you sneak into a park for a bit of fun after it is closed, that would be considered trespassing, and the park would not be in breach of duty if you got injured in the process.

Likewise, if you were legally admitted to the park during its normal hours of operation (meaning, you were not trespassing) but ventured into an area of the park that was off-limits to the public, and you ended up getting injured, a lawsuit in this instance could go either way. Here’s how.

If there was clear signage indicating that the area was off-limits, then your claim might not hold up in court. If, on the other hand, you were not aware that the area was out of bounds when you venture there, then the park would be held to a higher duty of care. The higher duty would also apply if the park management were aware that the off-limits area was frequently used by people and did nothing to rectify the situation by the time the injury occurred.

Duty of Care on Roller Coaster Rides

Parks are required to provide a reasonable amount of safety for the foreseeable use of rides. This duty of care involves conducting frequent inspections and maintenance and providing employee supervision, safety instructions, and adequate restraints. This, however, does not automatically make the park liable if someone gets injured on a ride.

If the plaintiff disregards clear safety instructions or does something unforeseeable, the park is not in breach of duty if the individual gets injured as a result.

For instance, if an employee instructs an invitee not to extend their arms or legs unless they are within the descending cage, and the invitee gets injured when they disregard those instructions, the park would not be liable for those injuries.

Since the park also has a duty/responsibility to inspect and maintain amusement rides to ensure they are safe for the invitees, it has a high duty of care to identify and rectify any conditions that could potentially cause the ride to malfunction.

If you’re injured in a ride due to a malfunction of some sort, you could also sue the manufacturer of the ride in addition to your premises liability suit. Consult with an experienced amusement park accident lawyer to identify all the liable parties in your claim.

Worst Amusement Park Accidents

While you may not hear of too many Disney World accidents since it is the “happiest place on earth,” it doesn’t mean they don’t happen. In September 2003, for instance, one man was killed and 10 people injured while riding Big Thunder Mountain Railroad – a wildly popular ride at the park.

In the unfortunate incident, the train cars separated from each other, causing the coasters to come off their rails. Investigations into the Disney accident revealed that the employees of the park failed to follow proper maintenance protocols.

In another incident, a 4-year-old boy sustained severe injuries after he fell from the Roger Rabbit Car Toon Spin ride in September 2000. He suffered serious brain damage and extensive internal injuries. Disney and the boy’s family reached a settlement that would see the victim get medical care for the rest of his life. Unfortunately, he died eight years later following health complications.

While you should always take precautions to prevent injuries when visiting amusement parks, accidents can still happen despite your best efforts. If you or a loved one was involved in an accident at an amusement park, talk to an accident lawyer to explore all the legal options available for redress.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

What Happens If the at-Fault Driver's Insurance Won't

What Happens If the at-Fault Driver’s Insurance Won’t Pay?

Legal AssistantConsumer Law, Criminal Law, Personal Injury Law, Resources

At one point in your life, you will likely be involved in an accident. You might be the one at fault, or it might be the other driver’s fault.

If it’s the latter, their insurance company is required to foot the costs associated with any injuries you sustain, and the repair bills required to fix your car. If the car is damaged beyond repair, the at-fault party’s insurer will need to compensate you for its full value to allow you to get a new one.

While this is ideally what’s supposed to happen, you might encounter an instance where the at fault driver’s insurance won’t pay. Some companies drag their feet but eventually settle the claim, while others deny it entirely and refuse to pay. What should you do in such instances? Here’s everything you need to know.

What Is an at Fault Accident

An at fault accident means that the driver in question is responsible for causing it. This could be due to some action they took or failed to take. Some accidents are pretty cut-and-dry when it comes to determining who is to blame and, therefore, “at fault.”

If you’re driving aggressively, for instance, or following the car ahead of you too closely and you end up rear-ending it, you would be considered the at-fault party.

The same applies if you had an accident and you were discovered to be driving while under the influence of an intoxicating substance. There would be significant doubt cast on any testimony you give, effectively pinning you as the at-fault party.

Likewise, failing to obey traffic signs and signals by running a red light or failing to yield would be considered a moving violation. If, as a result, an accident occurred, you would be the at-fault party.

Does a Police Report Say Who Was at Fault

Once a car accident happens, police officers will show up at the scene of the incident to gather information about the events leading up to it. That way, they can prepare a comprehensive police report.

The officers will interview the drivers involved in the accident and any eyewitnesses present for their account of events. It allows them to piece together an accurate account of what transpired.

After the officers decide that they’ve garnered enough information, they’ll submit their report to the department. While it may contain a statement on who appears to have been at fault based on their expert judgment, it’s important to keep in mind that this does not constitute a determination of fault.

It, therefore, does not mean that the individual listed in the report as being responsible for causing the accident will be held responsible for damages in any lawsuit that ensues thereafter. However, the officer may issue them with a citation if they determine that the driver(s) had violated a traffic law.

How Do Insurance Companies Determine Who Was at Fault

Insurers rely on the legal concept of “negligence.” All drivers have a duty of care toward other road users. If you fail to act in a manner that would be considered “reasonable” by a rational person in a similar situation, you would be acting “negligently.” This means that you would be at fault if an accident occurs.

Some insurance companies use “comparative negligence” to determine what percentage of the blame each driver bears in the accident. Others rely on “contributory negligence” to reduce the settlement payouts based on how much a driver’s negligent actions contributed to the accident.

Once a claim is filed with an insurer, the company hands it over to an adjuster to determine who was at fault. Each driver’s insurance company dispatches their respective adjusters to research every aspect of the accident.

It involves speaking with eyewitnesses, examining the damage on each vehicle, analyzing medical reports, and verifying details on the drivers’ insurance policies, such as their coverage amounts.

Once they garner all the information they need, adjusters ultimately determine fault in an accident. Always ensure that you retain an auto accident lawyer before you file your claim with the insurance.

How Long Does an Accident Stay On Your Record

Whether you were involved in an at-fault or not at fault accident, any car insurance claim you were involved with will remain on your record for 3-10 years. The exact duration depends on the state you live in and the severity of the accident in question.

No-fault accidents stay on your record for three years. A minor crash, hit-and-run, and DUI-related accident will remain in your record for 5, 8, and 10 years respectively.

At Fault States vs. No Fault States

Most states in the country use an at-fault system of vehicle insurance. It is based on tort liability, where each insurance company pays for the damages sustained based on the percentage of fault each party bears.

No-fault states, on the other hand, require drivers to have personal injury protection (PIP) insurance to pay for any medical expenses that may arise, regardless of who was at fault in an accident.

The idea behind this system is to minimize the cost of insurance litigation by keeping small claims out of the court system.

The only no-fault states in the country are Utah, Pennsylvania, North Dakota, New York, New Jersey, Minnesota, Michigan, Massachusetts, Kentucky, Kansas, Hawaii, and Florida.

What Next If the At-Fault Driver’s Insurer Won’t Pay

If the at-fault driver’s insurer rejects your claim, there are three options you can explore. On the one hand, if you were in a car accident suing the at fault driver would be one way to recoup your losses. On the other hand, you could have your insurer cover the costs associated with repairing your damaged car.

The third option would be to take a hybrid approach by processing your claim through your insurer, paying the associated deductible, and then suing the other driver in small claims court to recover the deductible you paid.

If the at-fault driver’s insurance won’t pay, you’ll need a car accident lawyer to help with your case. Ensure they are well-versed in insurance law to get you the favorable outcome you deserve.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

Can Someone Sue You After Insurance Pays

Can Someone Sue You After Insurance Pays?

Legal AssistantPersonal Injury Law, Resources

Any time there’s a car accident, a lawsuit follows soon after. The entire ordeal can be a nightmare regardless of which side of the fence you sit.

The settlement process alone is enough to drive you to your wit’s end. It can be a long, drawn-out affair. It’s the reason why most people breathe a sigh of relief once the insurance settlement is paid out since, for many, it signals the end of any further litigation.

While this is generally true in most cases, receiving an insurance payout may not prevent a civil lawsuit. Can someone sue you after insurance pays? Here’s everything you need to know.

When Can You Be Sued After an Insurance Claim Settlement

Generally, a vehicle accident victim cannot file a lawsuit after agreeing to a claim settlement. Like with all things, however, there is an exception to the rule.

For one thing, if the settlement appears to have been tainted in some way or it can be proven beyond reasonable doubt that the defendant in question acted fraudulently or coercively, these are all grounds for a lawsuit. However, these scenarios would require misconduct on the part of the defendant’s legal team, which is rarely the case.

A more plausible scenario would be a situation where you’re found to be an additional at-fault party in a car accident suit that has been partially settled.

This may arise in instances where the victim in an auto accident case may not have initially been aware that there was another party involved in the incident.

This information may have only come to light after they had settled with their insurance. In such cases, the victim may file a lawsuit against you as an additional at-fault party.

When Can You Not Be Sued After an Insurance Claim Settlement

Generally, anytime an individual agrees to an insurance settlement, they sign an agreement that releases all the at-fault parties from incurring any liability or undergoing future litigation related to the accident in question. This is particularly common in personal injury and car accident cases that involve insurance companies.

This rule exists to give insurers the reassurance they need to know that they won’t have to deal with any further lawsuits related to a particular accident once they settle a claim. If this rule didn’t exist, insurance companies would have no reason or incentive to settle claims in the first place.

Settlement agreements are legally binding and release the defendant(s) and the insurance company from all future liability. The settlement agreement still holds even if the victim realizes later that their accident was worth a lot more money than the lowball insurance settlement offer they received.

This is precisely why all parties to an accident need to carefully review the legal documents presented to them before signing. An experienced insurance claim lawyer will help break down the complexities of these contracts to ensure that your interests are protected at every step of the settlement process.

How to Negotiate a Settlement With an Insurance Claims Adjuster

If you’re sitting on the other side of the table and want to make a personal injury claim after an accident, you will need to negotiate with the at-fault party’s insurance company.

This still applies even if you’ve gone a step further to file a lawsuit. The settlement negotiations will be ongoing. The case can be terminated at any time once a suitable out-of-court settlement has been reached.

You or your insurance claim lawyer will initiate the process by presenting the at-fault party’s insurer with a demand letter detailing the injuries you sustained together with the respective supporting documents. The letter will also list the damages you’re seeking in your claim.

The settlement negotiation process will typically involve a couple of phone calls with the insurance claims adjuster. The adjuster will first give you a lowball insurance settlement offer to try to get you to settle your claim for an amount lower than what you initially quoted in your demand letter.

You will then counter their offer with an amount higher than what the adjuster offered but lower than the initial amount you had stated in your demand letter. The final settlement figure that all parties agree to will be somewhere in between the two.

Below are a few tips you can use to negotiate a settlement with an insurance claims adjuster to get the best possible outcome.

Have a Settlement Figure in Mind at the Beginning of the Process

You’ll need to decide beforehand what the minimum settlement amount you’re willing to take is. Keep this information to yourself during the negotiation process.

Don’t Jump at the First Offer

The first offer the adjuster makes will be a low figure just to scope you out and see whether you know what you’re doing. Never accept the first offer, and don’t immediately lower the amount you listed in your demand letter. If, on the other hand, the offer seems reasonable, you should still counter with a figure that’s a little lower than what was in your demand letter.

Ask the Insurance Adjuster to Justify Their Offer

Write down all the reasons they provide to justify their low offer. Then, address each one of those reasons in a letter justifying why the settlement offer is too low.

The next time you speak to them, ask them to respond to your reply letter. If you find that some of the adjuster’s reasons bear merit, you can lower your initial demand a bit to show them that you’re willing to be reasonable.

Stress the Emotional Aspects That Support Your Claim

If the accident you suffered caused permanent or long-term effects, you can mention that the medical costs you quoted are reasonable. If your injuries prevent you from caring and providing for your child the way you should, mention that as well. Justifying the emotional component of the injuries you sustained will propel the insurer to present a reasonable settlement offer.

Life Insurance Settlement Options

If an accident resulted in the death of a loved one, there are various life insurance settlement options available to you as the main beneficiary. In most cases, the policyholder (now deceased) would have already chosen the settlement structure of the benefits to be paid out. However, depending on the policy in question, a beneficiary may be allowed to change this structure later. The most common life insurance settlement options include:

  • Lump-sum payment – The entire settlement amount is paid out in a single, tax-free payment.
  • Interest-only – The insurer holds the principal settlement and periodically pays out the earnings received on that amount.
  • Interest accumulation – The insurance company holds both the principal and the interest on that amount. The beneficiary can request a withdrawal anytime they need to access the funds.
  • Fixed period – The insurance company distributes the total death benefit and the interest accrued over a specific period.
  • Fixed amount – A fixed monthly payment that includes the principal and interest is paid out until the entire settlement amount is depleted.
  • Life annuity – This structure guarantees a lifetime stream of payments until the death of the beneficiary.

Auto-accident and personal injury cases can be complex. Ensure that you retain the services of an experienced insurance claims lawyer to protect your legal rights during every step of the settlement process.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

Who Is at Fault in a Pedestrian Accident

Who Is at Fault in a Pedestrian Accident?

Legal AssistantAdministrative Law, Personal Injury Law, Regulatory Law

According to statistics from the National Highway Traffic Safety Administration, the number of fatal road crashes in 2019 involving pedestrians was 6,205, down from the previous year’s 6,374 fatalities. While this may appear to be a slight improvement, the truth is, those numbers are still quite high, pointing to the very real possibility of being involved in a pedestrian accident.

When a motor vehicle hits a pedestrian even at what would appear to be lower speeds, severe and, in many cases, fatal injuries may result. Whether you’re a driver or pedestrian, it is important to be aware of the basic rules of fault in such incidences to determine the appropriate legal steps to take.

Without further ado, here’s everything you need to know about car vs pedestrian accident cases.

Pedestrian Hit by Car – Who Is at Fault

The biggest question in pedestrian accident claims is how to determine fault in such cases. As a rule of thumb, the law of negligence is used to establish fault. According to the law, the party that fails to exercise what would be deemed to be a “reasonable standard” of care is generally considered “negligent.”

That being said, it is not unusual to come across an accident scenario where both the driver and pedestrian are at fault. For instance, if a pedestrian crosses the street illegally and gets hit by a car traveling over the stipulated speed limit, both parties in such instances can be at fault.

However, this kind of scenario may be treated differently in different states. Virginia and Maryland, for example, follow what’s referred to as a “pure contributory negligence” rule. It means that if the pedestrian is found to have been even the slightest bit responsible for causing the accident, they are not eligible to recover damages from the driver or their insurance company in a court of law.

Some states apply what is known as a “comparative fault” rule. In this instance, a pedestrian may be able to recover some damages despite being the at-fault party in a pedestrian accident.

The Law of Percentages

In all states, juries determine what percentage (if any) a plaintiff in a pedestrian-car accident claim contributed to their own injuries. For instance, a jury might find an individual who sustained injuries in a pedestrian accident while jaywalking 60 percent liable. On the other hand, the driver being sued might be 40 percent responsible if they were speeding.

Some states would then require the defendant driver to pay the pedestrian 40 percent of their associated losses in damages. However, in other states, the defendant driver wouldn’t be required to pay a dime if the pedestrian was found to be more than 50 percent responsible.

Recovering Damages in a Pedestrian Accident

To recover damages in fatal pedestrian accidents or any other kind of non-fatal pedestrian accident, the surviving family members or the victim themselves have to prove that the driver acted negligently. This would involve showing that:

  1. The driver had a duty of care toward the pedestrian
  2. The driver’s actions were in breach of that duty and, as a result, acted negligently
  3. The driver’s negligent actions played a significant role in causing the pedestrian’s death or injury

Drivers generally have a duty of care toward all pedestrians, cyclists, and other road users. Driver negligence can be proven by:

  • Driving while under the influence of an intoxicating substance
  • Failing to yield at a pedestrian crossing sign
  • Going around a school bus that has stopped
  • Hitting a driver in the break-down lane
  • Not giving ample space to pedestrians getting into a parked car
  • Running a stop sign or red light
  • Texting while driving

If you are ever involved in a pedestrian accident, the one thing you need to keep in mind is never to admit fault. While it may be natural to want to offer up an apology after an accident, the other party may use those words later to pin the blame on you.

Get in touch with a pedestrian accident attorney as soon as possible and let a jury or an insurance adjuster decide who the at-fault party is. This is especially important if you’re not entirely sure who caused the accident.

Whats J Walking and Who Is Liable

Jaywalking, or “J walking,” refers to the act of crossing a busy street in a non-designated area with complete disregard for approaching traffic. This begs the question – If you hit a jaywalker, are you liable for their bodily injury claim? The short answer is – yes, you are.

Remember, anytime you get behind the wheel of a motor vehicle, you have a “duty of care” to pedestrians and other road users. This means that you need to drive reasonably and cautiously while always watching for the conditions on the road.

Even if a pedestrian is jaywalking and, therefore, breaking the law in the process, you can still be held liable for hitting them as they cross the street. Anytime you see a pedestrian on the sidewalk, you always have to assume that they may walk onto the street at any instance.

Pedestrian Hit by Train – Who Is at Fault

So far, we’ve looked at pedestrian accidents involving motor vehicles. What about a train pedestrian accident? Who is liable for the injuries sustained?

Generally speaking, railroad companies have a duty of care to ensure that the designated crossing areas are safe for motorists and pedestrians alike.

These companies have to anticipate potential accidents in zones with high foot traffic and take the appropriate steps to ensure that pedestrians are safe at all times.

If someone trespasses on railroad property at a non-designated pedestrian crossing, the company’s duty of care to the trespasser will be held at a much lower standard. The railroad company’s liability is technically non-existent until such a time when it becomes aware of the trespasser’s existence.

In other words, if a pedestrian gets hit by a train while trespassing on railroad property in a non-designated crossing, the individual in question would be responsible for their own injuries.

However, if the railroad company is aware of past trespassers crossing at that particular point on the railroad and fails to prevent such crossing, the company may be at fault.

Talk to an Experienced Personal Injury Attorney

State laws vary widely when it comes to who is at fault in a pedestrian accident and the extent to which they are liable. Whether you’re the victim or the driver in such an incident, ensure you get the best legal representation from a reputable pedestrian accident law firm to increase your odds of getting a favorable outcome.

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Hiring a Private Investigator

Can You Sue Someone for Hiring a Private Investigator?

Legal AssistantConstitutional Law, Criminal Law

Corporate representatives, individuals, and even attorneys hire private investigators for several reasons. Some of these may include uncovering insurance fraud, relationship infidelity, or hidden assets that may be crucial to a case. Make no mistake about it, though. Hiring a PI does not fall within the realm of “normal.”

While most people can appreciate the circumstances under which the services of a private investigator may be required, not many consider what it would feel like to be the target of such an investigation.

What if someone has hired a PI to look into your private affairs? What can you do about it? Can you sue someone for hiring a private investigator? The answers to these questions aren’t as straightforward as you might expect. Here’s what you need to know.

What Does a Private Investigator Do

To understand your legal rights against a PI, you first need to understand what exactly it is they do. You need to differentiate between what you imagine a private investigator does versus what they actually do.

PIs are often retained by their clients to tail crime suspects or individuals believed to have been involved in unethical activities. However, it’s important to mention right off the bat that a private investigator cannot break the law while investigating their case.

For instance, the law does not permit them to break into private property to obtain evidence of wrongdoing – contrary to what you may have seen in action movies. Any evidence they obtain unlawfully is inadmissible in a court of law. If they are found to have broken the law to recover the evidence in question, they may face legal repercussions for engaging in such conduct.

More often than not, a PI is hired to do case-related work for legal or professional clients. Their work would involve searching, researching, and carrying out surveillance on a target within the legal confines of the law.

A private investigator may be granted special access through their client to allow them to gather evidence of wrongdoing without breaking the law to do it. PIs possess the appropriate tools, resources, and expertise to assess and analyze the information they collect on a target and pick up on any inconsistencies that may raise red flags.

This is one of the most frequently asked questions we get. Many people are often unsure about who can retain the services of private investigation companies, whether they need some kind of a broker or referral to connect them to a PI, and whether they are legally allowed to do so.

To answer this question – private investigator services are open to everyone. Anyone can hire a PI to help bring the truth to light. Keep in mind, though, that a private investigator has no legal authority over any other citizen. They cannot arrest, detain, prosecute, or fine anyone. They are, however, trained and licensed to carry out private detective work.

There is an important caveat worth mentioning. You cannot hire a private investigator to look into individuals, companies, or any other entities out of simple curiosity or formulated conspiracy theories. This is especially important when retaining a PI to carry out comprehensive background checks or asset searches.

Do Private Investigators Have Limits

To reiterate, a PI has to ensure that their fact-finding activities remain confined to the legal limits of the law. They, therefore, have to ensure that they lawfully obtain information. This means that they cannot:

  • Hack into emails or social media accounts to garner information on a target
  • Hack into phones or computers to obtain information
  • Hack into private databases to collect confidential information
  • Tap phones, unless they are working alongside a law enforcement agency that has been granted the right to do so

HOWEVER, a PI can search for the information they need using a wide range of techniques, including accessing public records, copying files that are already in the public realm, and even obtaining private financial information that’s accessible to the public. It ultimately depends on the circumstances of the case or the entity under investigation.

Additionally, while a private investigator may not be able to hack into the target’s email or social media accounts, they are at liberty to initiate communication with them in the course of their investigations. The PI may then use this information to build their case.

Risks of Hiring a Private Investigator

The legal pitfalls of hiring a PI revolve around infringing certain privacy and criminal laws. As a result, the investigation may not go as planned and could potentially expose both the client and the PI to legal consequences.

There’s also the risk of not being able to use the evidence obtained. If a PI’s services are retained to obtain the evidence required for litigation, there’s always the chance that it may not be admissible in court.

Additionally, there’s always the chance that the private investigator and, by extension, the client may end up getting caught while doing surveillance on a target.

Even when making a discreet inquiry, word may get back to the individual that they are being investigated. This could land everyone involved in a sticky legal situation.

Can You Sue Someone for Hiring a Private Investigator

If someone hired a private investigator to target and carry out surveillance on you, you cannot sue them on that basis alone. Provided that they have not infringed on your privacy rights, meaning the surveillance activities conducted were limited to the public domain, you may have a hard time proving that you suffered injuries at the hands of the detective and the person who hired them to look into you.

Nonetheless, if you were harmed in the course of their investigation – negligently or otherwise – you can seek legal recourse against both the PI and the person who hired them.

Additionally, if you can prove that the information they garnered on you was obtained illegally, you can sue them and hold them criminally liable as well. Keep in mind that if the PI is working with law enforcement, pursuing legal action against them may be out of reach.

If you suspect that a private investigator broke the law while investigating you, get in touch with an experienced attorney to explore the legal options available to you. That way, they can help you determine if there’s enough evidence of wrongdoing to pursue the case in court.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

What Is a Conservatorship

What Is a Conservatorship?

Legal AssistantEstate & Probate Law, Resources, Wills

Following a very public breakdown in 2008 and her subsequent hospitalization, Britney Spears was put under legal conservatorship with her father as her conservator.

In that time, the pop star has made multiple comebacks, including going on tour, releasing albums, and even launching lucrative business ventures, the most successful ones being her lingerie lines and perfume brand.

Despite these seemingly successful career moves, Britney’s father, Jamie Spears, continues to have the complete legal authority to make decisions over his daughter’s personal life, business dealings, health, and finances.

Concerned over the details of the Britney Spears conservatorship, fans took to social media and launched the #FreeBritney movement. They questioned the legitimacy of this legal agreement and whether it was indeed in the best interest of the singer.

She cannot enter into contracts herself, leave the house on her own, or even spend the money she makes without consent from her conservators.

That being said, what is a conservatorship, and how is it different from guardianship or power of attorney? Here’s everything you need to know.

Conservatorship Definition

A conservatorship, as defined under US law, refers to the appointment of a court-ordered authority to be responsible for and manage the affairs of an adult who can no longer care for themselves or make competent decisions related to their health or finances. It is essentially a form of guardianship only that, in this case, the legal guardian is appointed for an adult.

The status and type of conservatorship ultimately depend on the individual’s capacity to make their own decisions. The conservator may be granted limited conservatorship over certain aspects of the conservatee’s life, such as their finances or health. Alternatively, they may be granted full conservatorship, in which case, they assume the same rights and responsibilities a parent would have over their child.

Regardless of the type of conservatorship in force, the conservator assumes complete legal responsibility for the important aspects of the conservatee’s life. It’s important to mention that the purpose of a conservatorship is to focus on the conservatee’s best interests. It does not exist to benefit the conservator.

Before a conservatorship is appointed, the court will typically have consulted with healthcare professionals and social workers to make a decision based on what it believes will keep the individual safe and in good health.

Types of Conservatorships

There are several different types of conservatorships. The decision over which one to grant ultimately depends on the goal. Here’s an overview of the different structures that exist.

Financial Conservatorship

In this model, the conservator is granted complete authority over the finances of the conservatee. While the individual will have physical autonomy on matters related to where they want to live or the healthcare they receive, they do not have access to their money, property, or investments without the conservator’s authorization. The conservatee’s assets are usually held in a custodial account for the duration of the conservatorship.

Physical Conservatorship

In this structure, the conservator assumes full authority over the conservatees’ life and health. They get to choose where they live, what kind of healthcare they receive and how they receive it, and even whether they need to move into a living facility of some kind.

General Conservatorship

In this arrangement, the conservator is granted full legal authority over the individual’s health, physical autonomy, finances, and all other relevant decisions related to their life. It is rare for a court to grant physical conservatorship without granting financial control as well. This is the most common type of conservatorship you’ll come across.

Limited Conservatorship

In this type, the court grants the conservator legal authority over certain aspects of the individual’s life. This structure is often used in cases where the conservatee is mentally disabled, allowing the legal guardian to continue providing care for them while still giving them an ample amount of autonomy. It generally focuses on the specific needs of the conservatee.

Short-Term Conservatorship

This type of conservatorship is granted for a maximum of 90 days. It is designed to address an immediate and very specific need. For instance, if an individual is suddenly incapacitated, a short-term conservatorship may be granted for a fixed duration.

Temporary Conservatorship

This structure grants legal authority to a conservator under limited conditions. For instance, if someone falls into a coma, a court may give a temporary conservatorship until the conservatee recovers.

Permanent Conservatorship

This conservatorship type gives the conservator complete legal authority over the conservatee for the rest of their life unless there’s an extenuating change in circumstances.

The individual under this type of conservatorship can apply to have it withdrawn. However, they would have to present their case in court for determination and receive a court order rescinding the conservatorship.

Conservatorship vs Guardianship

Conservatorship vs Guardianship

In some states, conservatorships are referred to as “adult guardianships.” The two terms mean roughly the same thing. The difference between them boils down to the scope of duties involved.

A conservator is charged with looking after the conservatee’s financial affairs and other relevant aspects of their life. A guardianship, on the other hand, is concerned with the individual’s day-to-day care needs, such as deciding where they’ll live, making healthcare-related decisions, or helping them transition into a nursing home or assisted living community if need be.

When a conservatorship structure applies to a minor, it is also referred to as guardianship.

Conservatorship vs Power of Attorney

A power of attorney can be used to accomplish the same things as a conservatorship, only that, in this case, it is exercised at the individual’s discretion.

A power of attorney is created before a person becomes incapacitated. On the other hand, a conservatorship is formed after the individual is no longer capable of making competent decisions on their own.

What Is Receivership

Conservatorships don’t only apply to individuals. A person or legal entity can be granted the legal right to control and oversee a company’s affairs to put it in sound status. The conservator is granted the authority of the company’s shareholders, directors, and officers.

A receivership, on the other hand, refers to a court-appointed process that helps a troubled company avoid bankruptcy, as well as assist its creditors in recovering funds in default.

If a loved one has become incapacitated for any reason and is no longer able to make competent decisions independently, get in touch with a conservatorship attorney to explore your options. That way, you can ensure that their healthcare and financial matters are handled properly in their best interests.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

Facebook Lawsuit

Facebook Lawsuit – A New Precedent in Privacy Laws

Legal AssistantAdministrative Law, Business Law, Constitutional Law, Consumer Law, Regulatory Law, Resources

On February 26, 2021, Facebook was ordered to pay $650 million for violating Illinois State privacy laws. More than 1.6 million state residents are expected to receive at least $345 each in a ruling made at a California federal court in the settlement.

The cumulative settlement amount was $100 million more than what Facebook had initially proposed in 2020. According to the presiding judge, $550 million was inadequate to compensate all the injured victims when the tech giant infringed on their privacy rights by collecting and using facial recognition data without their consent.

What was the Illinois Facebook lawsuit all about, and what does it mean for privacy laws in the country going forward? Here’s everything you need to know about it.

Facebook Biometric Lawsuit – The Genesis

On April 1, 2015, Carlo Licata proposed a class-action lawsuit against Facebook. He argued that the tech giant had violated Illinois state law, which requires residents to provide explicit consent before third parties can use their biometric information.

In the suit filed in the Cook County court, Licata alleged that he and countless other Illinois residents had suffered grievous harm under Facebook’s “Tag Suggestions” feature.

The functionality operates on powerful facial recognition technology and runs without the consent of those being tagged in the photos.

The complaint states, in part, that the proprietary facial recognition software raises issues of privacy with biometrics. The tech giant actively hid the fact that its Tag Suggestion feature scans users’ uploaded photos, extracts unique biometric markers from them, and uses it to locate them in other pictures uploaded by users on the platform to determine who they are.

In the complaint, Licata further asserted that Facebook had failed to disclose the extent of its biometric data collection practices in its privacy policies and failed to prompt users to acknowledge the aforementioned practices.

The company merely “hinted” at the fact that the Tag Suggestions feature used facial recognition software on remote parts of the social platform.

This effectively left millions of Facebook users in the dark about the true nature of the technology, all the while secretly amassing the world’s largest collective database of consumer biometrics information.

Licata petitioned the court to declare that the tech giant was in gross violation of the Illinois Biometric Information Privacy Act, order the company to cease the illicit practice, and award statutory damages in a Facebook privacy lawsuit that was yet to be certified.

Facebook Privacy Issues

While some users of the social site probably don’t mind the tagging feature, others may have huge reservations against it and have likely suffered enormous embarrassment as a result of auto-tagging.

Although Facebook’s privacy-related default settings did give users the option to opt-out of the automated tagging feature, it was still not consistent with Illinois privacy laws, which require users to provide opt-in consent for the collection of their data.

Biometric Information Privacy Act of 2008

The Biometric Information Privacy Act (BIPA) was enacted by the Illinois General Assembly in 2008 to address the risks associated with the collection of biometric data, including facial identifiers, voiceprints, fingerprints, retinal scans, etc.

In the wrong hands, such sensitive biological information gives individuals with sinister motives a permanent biological identifier for the victim. This increases the likelihood of identity theft.

BIPA addresses four principal points of concern:

  • Disclosure
  • Collection
  • Retention
  • Destruction

This means that any private entity that intends to collect any form of biometric information on an individual needs to inform the person in question that their data is being collected, why it’s being collected, and for how long the collection process will go on. The person then has to consent to the collection of their biometric data and notably provide a written release.

BIPA goes a step further to impose five key obligations to ensure that the privacy rights of Illinois state residents are protected.

1. Data Retention and Destruction Policy

Any private entity in possession of biometric data is obligated to develop a written policy that’s widely available to the public, establishing data retention guidelines and timelines for the permanent destruction of the biometric data they collect.

2. Written Release

Any private entity obtaining biometric data is prohibited from doing so without informed, written consent for the individual(s) in question.

3. Ban on Profiting

The provisions of BIPA prohibit private entities from selling, trading, or leasing any biometric information in their possession even with express consent from its owners. Entities cannot use the information they collect for profit-making activities.

4. Disclosure Restrictions

The law bars private entities from disclosing, re-disclosing, or otherwise disseminating biometric information in their possession unless they obtain consent or provide disclosure if the data is required for specific purposes.

For instance, disclosure would be necessary under a valid subpoena, warrant, or any other reason required by law. It would also be necessary for the completion of a financial transaction.

5. Security Requirements

BIPA requires private entities in possession of biometric data to institute what it deems to be a “reasonable standard of care” applicable to the existing guidelines and regulations of the industry they operate in.

The law compels private entities to use the same (if not higher) standards of data protection in the same way they do for other sensitive information in their possession, including Social Security numbers, account numbers, passcodes, etc.

BIPA Enforcement

BIPA Enforcement

Perhaps the most striking aspect of BIPA has to be the inclusion of a Private Right of Action clause. This allows any Illinois resident who suffers injuries at the hands of private entities that violate BIPA to recover damages “for each violation.” This includes:

  • Up to $1,000 worth of actual/liquidated damages (whichever is greater) for negligent violations
  • Up to $5,000 worth of actual/liquidated damages (whichever is greater) for reckless or intentional violations
  • Applicable attorney’s fees and litigation expenses, including expert witness fees
  • Any other available relief, including an injunction

Despite its enactment in 2008, it was only until 2015 that plaintiffs began to file related lawsuits, with most cases filed between 2017 and 2019.

The court rulings in these periods, including that of the Facebook lawsuit, have set a new precedent in privacy laws and given potential plaintiffs an idea of whether their cases are viable.

Facebook Lawsuit Settlement

Even though Facebook maintained its stance, denying that it did anything wrong, the tech company went ahead to participate in settlement negotiations.

In January 2020, the company offered to pay $550 million in the settlement. This, however, was rejected by the presiding judge, who stated that the payouts to the plaintiffs would be too low.

The existing provisions of BIPA allow for damages to be paid to aggrieved individuals even in instances where no actual harm can be substantiated.

The fact that BIPA permits the payout of damages to the tune of $1,000 to $5,000 for each Facebook privacy violation would see the tech company pay an estimated $47 billion in compensation.

This would amount to a $5,000 payout for each plaintiff or the maximum payable amount in damages allowed by BIPA.

On February 26, 2021, the presiding federal judge approved a $650 million settlement in the class-action suit.  Class members were required to fill in a Facebook class action lawsuit claim form by November 23, 2020, to qualify for a payout.

What It Means for the Future Biometric Cases

Facebook privacy concerns have attracted a lot of skepticism from the public. Political and social pushback against the unauthorized collection and use of biometric data continues to mount as companies like Amazon, Microsoft, and IBM pledging to deny or limit law enforcement access to their technology.

US lawmakers have gone a step further to introduce a federal bill that would prohibit the use of facial recognition technology by federal law enforcement agencies.

If enacted, the Facial Recognition and Biometric Technology Moratorium Act would make it illegal for federal agencies and officers alike to acquire, access, possess, or use any technology designed for biometric surveillance.

The proposed legislation comes at a time when the police use of facial recognition software has come under increased scrutiny. Several studies have repeatedly shown that facial recognition technology is significantly less accurate for Black people.

For instance, on June 20, 2020, Robert Julian-Borchak Williams, an African-American man, was wrongfully arrested based on a flawed match from a faulty facial recognition system.

With some government agencies and private companies taking measures to enhance biometric data protections, other entities are expanding the scope of the use of such technology. Apple, for instance, uses facial recognition as a security tool in iPhones.

With the recent Facebook settlement, more lawsuits targeting biometric data collection continue to be filed, invoking BIPA in addition to other existing privacy laws.

The biggest test for these cases will be how viable the lawsuit is under BIPA, based on whether the prospective defendants’ actions were within statutory requirements.

Determining Liability

As far as biometric data storage goes, compliance experts working in the cybersecurity sector would be best placed to establish what constitutes “reasonable care” and whether or not prospective defendants met that standard.

If the defendants in question failed on that front, the issue becomes whether the failure was intentional/reckless or negligent. The amount in damages awarded by the court depends on which of the two categories the defendants’ actions fall under.

48 States Sue Facebook

In a recent turn of events, the US government, through the Federal Trade Commission, and 48 states, through their respective attorneys general, filed antitrust lawsuits against Facebook.

The parallel suits filed on December 9, 2020, seek to break up Facebook over charges of engaging in illicit, anti-competitive strategies to bully, buy, and crush its smaller competitors.

According to the suits, the company has repeatedly abused its market dominance by creating a monopoly and killing off competition.

Facebook’s Acquisition of Instagram and WhatsApp

Facebook’s Acquisition of Instagram and WhatsApp

The tech giant’s hunger for total market dominance was seen in the company’s 2012 acquisition of the then-newcomer rival, Instagram, as well as that of the mobile messenger, WhatsApp, in 2014.

When the company CEO Mark Zuckerberg, quickly realized that Instagram, a vibrant new photo-sharing network posed an existential threat to the tech behemoth, the company decided to buy it for $1 billion rather than compete with it.

The complaint states, in part, that the purchase decision made by Facebook now makes it more difficult for any other social networking competitor to gain any form of traction in the tech space.

Two years after that, Facebook identified WhatsApp as a global niche leader in mobile messaging and decided to buy it for $19 billion to quash it.

The company has also been accused of imposing anti-competitive conditions on software developers to maintain its existing market dominance.

Facebook only made key application programming interfaces (APIs) available to third-party software developers, with the stipulation that they could not develop competing functionalities for other social media platforms. It was the only way these software developers could build apps that connect to Facebook.

The lawsuit seeks a permanent injunction in federal court requiring:

  • The company’s divestiture of the assets it currently holds, namely Instagram and WhatsApp messenger
  • The prohibition of the company from imposing conditions on software developers that would be considered anti-competitive
  • The compulsion of social media giants to issue a notice of and seek approval for all mergers and acquisitions in the future

The major problem with Facebook’s aggressive “buy-or-crush” tactics is that users who have justifiable privacy concerns about their data usage have no choice but to keep using the company’s services as-is.  According to the state attorneys general, that’s the danger of a monopoly.

A Tough New Reality for Big Tech

The landmark Illinois BIPA law now provides a solid framework for other states to come up with similar privacy protection laws.

With legislative, state, and federal-level regulators now proposing tough new measures to rein in big tech using aggressive legislation, companies like Facebook will have no choice but to do business on a state-by-state basis.

That is if they want to avoid getting slapped with similar lawsuits in the future. The Illinois Facebook lawsuit has certainly set a new precedent in privacy laws in different states across the country.

Got any legal questions for us? Chat online with a Laws101 attorney today.

Lawsuit Against TRESemmé

Why Is There a Lawsuit Against TRESemmé

Legal AssistantConsumer Law, Mass Torts, Personal Injury Law

In December of 2020, two women filed a class-action lawsuit against TRESemmé for failing to warn them about the side effects of the dangerous chemicals used in their shampoo products.

According to Shannon Keener and Robyn Lipetz – the plaintiffs in the suit – Unilever United States Inc., the manufacturer of the TRESemmé line of hair care products, should be held liable for the hair loss and scalp injuries they and other consumers suffered as a result of using their products.

The TRESemmé lawsuit has grown since then, with several other victims filing similar class action suits against the beauty conglomerate. This article takes an in-depth look at everything you need to know about the TRESemmé hair loss lawsuit.

TRESemmé Keratin Shampoo

The TRESemmé shampoo ingredients contain a chemical preservative known as DMDM hydantoin, a compound that’s closely related to formaldehyde. It works to extend the shampoo’s shelf-life by preventing microbes from invading the water-based solvents in the product.

Formaldehyde is a wildly carcinogenic chemical compound. When absorbed into the skin, it can cause cancer in addition to several other adverse reactions.

The fact that TRESemmé shampoo is directly applied to the scalp exposes consumers to these risks. According to the suit, the use of DMDM hydantoin in the products is unnecessary since several other safer alternatives on the market don’t use it in their ingredients.

Unilever’s failure to warn customers about the presence of this harmful chemical and the risk it poses for causing scalp injuries and hair loss amounts to a breach of contract, breach of common law, breach of express, breach of an implied warranty, unjust enrichment, and fraud.

The TRESemmé line of keratin shampoos and conditioners are marketed as products that “repair hair,” “gently cleanse,” “deeply and nourish,” and “add shine” to hair.

This couldn’t be further from the truth. What’s even more surprising is that the TRESemmé hair loss class action suit is not the first time Unilever is fighting similar legal actions.

The Suave Professionals Keratin Lawsuit

In 2012, Unilever recalled the Suave Professionals range of keratin products and paid $10.2 million in settlements for the class action suit they were facing at the time.

Customers who used the products suffered from hair loss, scalp irritation, and blisters, many of whom had to seek medical treatment from healthcare professionals.

Unilever did not put any warning label on the product packaging, marketing materials, or website to warn consumers that Suave products could put them at risk of suffering significant scalp injuries and hair loss.

In the 2020 TRESemmé class-action lawsuit, the plaintiffs state that Unilever has known about the DMDM hydantoin side effects for 10 or so years. The company has been aware that the formaldehyde donor it uses in its products can contribute to or cause hair loss and scalp irritation.

The company acted negligently in failing to protect and warn consumers despite having prior knowledge of the dangers the chemical in their products posed.

What the FDA Has to Say About It

The TRESemmé range of keratin shampoos and conditioners are marketed as products that help consumers “achieve silky smooth hair,” making it straight and less frizzy.

According to the latest consumer updates from the US Food and Drug Administration (FDA), most hair smoothing products usually release formaldehyde gas, which is known to be a cancer-causing agent.

Inhaling formaldehyde fumes or getting it absorbed by your skin can irritate the eyes, nose, and lungs. It can also cause allergic dermatitis or extreme skin sensitivity.

The potential health risks of formaldehyde exposure depend on the concentration of the chemical in the product and the length of time the user is exposed to it.

Some individuals are more sensitive to it than others and are, therefore, more likely to experience adverse reactions to the products that have it as an ingredient.

Laws on Personal Care and Beauty Products

Personal Care and Beauty Products

The country has laws dating as far back as 1938, with provisions for the regulatory oversight of personal care and beauty products. Technically-speaking, the FDA doesn’t have the authority to approve personal care products.

However, several pending bills propose to expand the FDA’s regulatory role to include overseeing the safe manufacture and distribution of cosmetic products in the US.

Congress enacted the Federal Food, Drugs, and Cosmetics Act (FFDCA) to allow the FDA to regulate personal care and beauty products – to a certain extent.

While the FDA does not have the authority to approve these commodities, the FFDCA makes it illegal to market adulterated or misbranded cosmetics. This means it can remove products that contain unsafe ingredients or those that are not labeled correctly.

The Personal Care Product Safety Act is a bipartisan bill introduced to the Senate in March of 2019. If enacted, the legislation would expand the scope of the FFDCA, requiring cosmetic companies to register with the FDA and submit a comprehensive list of all the ingredients used in their products.

The Act further gives the FDA the power to discontinue the distribution of and issue recalls for dangerous products with hazardous ingredients.

Product Liability Lawsuits and Claims

If TRESemmé or any other personal care product has injured you, you may have a solid basis for a product liability suit against:

  • The product manufacturer
  • The retail outlet or online store that sold you the product
  • The beauty salon that used the product on your skin or hair
  • A combination of the above

If you can prove that the at-fault party acted negligently and, therefore, failed in their “duty of care,” you can seek damages for:

  • Medical bills
  • Out-of-pocket medical expenses incurred
  • Loss of wages
  • Pain and suffering

Courts usually rely on the strict product liability standard when it comes to injuries caused by personal care and beauty products. To win a case, you would need to prove that:

  • The product was sold to you in an unreasonably hazardous condition
  • You used the products exactly as indicated in the manufacturer’s directions
  • The product was the direct cause of the injuries you sustained
  • You have suffered verifiable damages

Negligence Leads to Lawsuits

Unilever United States Inc. had a legal duty of care to do everything possible, within reason, to prevent its consumers from suffering harm while using its products.

The TRESemmé line of keratin hair care products failed to deliver on this promise, and as a result, users suffered scalp injuries and hair loss.

The class action suit against the company is based on the fact that it acted negligently by including a potentially harmful ingredient in its products and failing to warn users of the risks of using their products.

Have you suffered injuries as a result of a personal care product you were using? Chat online with a Laws101 attorney today.

Lawsuit-Against-Zantac

Why Is There a Lawsuit Against Zantac

Legal AssistantConsumer Law, Mass Torts, Personal Injury Law

Ranitidine, commonly known by the brand name, Zantac, belongs to a group of medications called Histamine-2 (H2) antagonists.

It is sold over the counter or by prescription and is used to relieve the symptoms of heartburn and treat ulcers in the stomach and intestines.

On September 13, 2019, the US Food and Drug Administration (FDA) found traces of N-Nitrosodimethylamine (NDMA) in both over-the-counter and prescription versions of the medication.

NDMA is a carcinogenic contaminant. Several studies have linked the chemical to the formation of cancer in both humans and animals.

What is the lawsuit against Zantac, and why does it matter? Here’s everything you need to know.

Zantac Lawsuit

In April of 2020, the FDA ordered a Zantac recall on all over-the-counter and prescription ranitidine medication brands. This was after it found unacceptable amounts of the environmental contaminant NDMA, which studies have linked to cancer causation.

The first lawsuit against Zantac drugmakers was filed in 2019 in California, when plaintiffs in the suit accused Boehringer Ingelheim and Sanofi of manufacturing, selling, and marketing a drug, they knew to contain a carcinogenic contaminant.

While the exact cause of the contamination is still being investigated, details of the suit indicate that the two drugmakers manufactured and sold ranitidine at a time when there was already-existing scientific research demonstrating a clear link between Zantac and cancer.

Research has shown that NDMA is a by-product of a chemical reaction when ranitidine comes into contact with water. The plaintiffs assert that the drugmakers chose to remain tight-lipped on the risks of taking the medication despite the widely available information.

Does omeprazole contain ranitidine? The short answer is – no, it doesn’t. While omeprazole and ranitidine are both used to treat various conditions that affect the digestive tract, the two drugs are completely different.

Omeprazole belongs to a class of drugs known as proton pump inhibitors. Ranitidine, on the other hand, is a Histamine-2 antagonist.

What Kind of Cancer Does Zantac Cause

If you’ve used Zantac before, you’re likely wondering – Does ranitidine cause cancer, and if so, what kind? Ranitidine in its pure form does not cause cancer. The chemical contaminant NDMA that forms when ranitidine comes into contact with water is what is carcinogenic.

There have been several reports of individuals who’ve developed stomach and bladder cancer after taking Zantac. Nonetheless, several other cancers have been linked to ranitidine, including:

  • Prostate cancer
  • Pancreatic cancer
  • Ovarian cancer
  • Melanoma
  • Lung cancer (among non-smokers)
  • Liver cancer
  • Kidney/renal cancer
  • Intestinal cancer
  • Gastric cancer
  • Esophageal cancer
  • Colon cancer
  • Breast cancer

While this may not be an all-inclusive list, any cancer that develops after taking Zantac qualifies for a lawsuit.

Other Injuries and Side Effects Resulting From NDMA Exposure

In addition to being a causative agent for cancer, NDMA also happens to be a potent hepatotoxin.

This means that exposure to the chemical contaminant in the short term can cause liver scarring, fibrosis, and other forms of damage to the organ. Long-term exposure, on the other hand, increases the likelihood of developing tumors in the liver, kidneys, and lungs.

The following symptoms have been associated with NDMA overexposure:

  • Abdominal cramps
  • Dizziness
  • Enlarged liver
  • Fever
  • Jaundice
  • Nausea
  • Reduced liver, kidney, and lung function
  • Vomiting

Other adverse effects of Zantac include:

  • Disorders of the nervous system
  • Hair loss and skin rashes
  • Increased risk of pneumonia
  • Liver failure and hepatitis
  • Low blood-platelet levels
  • Tachycardia or arrhythmia (rapid or irregular heartbeat)
  • Vitamin B-12 deficiency

Recoverable Damages in a Zantac Lawsuit

If you took Zantac and received a cancer diagnosis thereafter, you can sue the drug manufacturers and seek damages for:

  • Past and future loss of earning capacity
  • Past and future loss of life enjoyment
  • Past and future loss of wages
  • Past and future medical expenses resulting from the injuries
  • Past and future physical/mental pain and suffering brought about by the injuries, as well as the treatment and recovery process
  • Punitive damages

With that in mind, there are two claims for which you can sue Zantac drugmakers.

1. Defective Design

Drug manufacturers are held to a strict liability standard. This means that they are responsible if:

  • The design defect of a drug poses a foreseeable risk
  • The drug was manufactured within the regulatory provisions and used by patients as per the manufacturer’s instructions

Ranitidine molecules are characteristically unstable. When ingested at a normal dosage, the active ingredient – ranitidine hydrochloride – reacts with the body’s chemistry to convert it into NDMA as a natural by-product of the process.

As a result, it doesn’t matter which drug company manufactured ranitidine. It will always react to produce the carcinogenic contaminant. This is a design defect.

2. Improper Labeling

All medications have to come with warning labels indicating the potential risks and side-effects of using the drug in question. Although Zantac had a warning label, it made no mention of the potential carcinogenic effects of ingesting it.

If physicians had prior knowledge of all the risks (carcinogenic and otherwise) that come with Zantac, they would never have prescribed or recommended it to their patients.

The omission of NDMA-related information on the packaging suggests that users were not made aware of the dangers that came with the drug.

Zantac Lawsuit Settlement Amounts

The precise amount of a Zantac lawsuit payout will depend on the outcome of the bellwether cases. These are essentially test trials used to create a guideline for how much a case would be worth in multidistrict litigation (MDL).

They gauge how judges and juries would respond to the evidence provided and the arguments presented in court and use these as a basis for settlement discussions in future negotiations. MDLs provide a way for courts to streamline pretrial cases.

At the time of this publication, there had been no Zantac lawsuit settlements. As of March 24, 2021, 500+ claims were pending in the MDL.

The Bottom Line

Zantac causes cancer. The makers of the drug acted negligently in manufacturing, selling, and marketing a drug they knew contained a carcinogenic contaminant.

Information on the risks of NDMA was already in the public domain. The drug companies chose to ignore it and not disclose it to consumers.

If you or a loved one received a cancer diagnosis after taking Zantac, you’re entitled to seek damages from the drugmakers. Chat online with a Laws101 attorney today to find out how to proceed with your claim.

Sue an Airline for a Plane Crash

Can You Sue an Airline for a Plane Crash

Legal AssistantAdministrative Law, Personal Injury Law, Regulatory Law

A plane crash can be gruesome and devastating. In most cases, it results in fatalities. If there are survivors, they’re left with life-altering injuries that, more often than not, result in permanent disability. Not to mention the extensive damage to property an airplane accident causes.

Then, there’s the aftermath.  Determining what caused the crash and who is to blame. It is usually a long, complex, drawn-out affair that can take years to conclude.

Unfortunately, most people hardly ever read the fine print on their plane tickets to understand what rights they have in the event of a plane crash and to what extent the airline is liable.

That being said, can you sue an airline for a crash? Here’s everything you need to know.

How Many Planes Crash a Year

According to the Bureau of Transportation Statistics, the number of US air carrier plane accidents is usually anywhere between 30 and 40 annually. The Montreal Convention, an international air carrier treaty, was adopted by the International Civil Aviation Organization in 1999.

The treaty, whose terms and conditions govern international flights, states, in part, that if an airline is found to be at fault for an airplane accident, it is liable for special “drawing rights” amounting up to 113,100 for each passenger.

This value, which the International Monetary Fund established, changes regularly and is currently equivalent to approximately $170,000 per passenger in the US.

While various constraints have been imposed under international treaties and aviation laws regarding the amount of damages victims of airplane injuries can recover from airlines, no limitation exists for recovery unless the airline in question can prove that it undertook all the necessary precautions to prevent the crash.

The burden of proof is on the airline, not the victims suffering from airplane crash injuries. This effectively paves the way for crash victims or their surviving kin to sue airlines for negligence.

Airplane Crash Injuries

Airplane injuries are often quite serious. They result in passengers suffering from organ damage, internal bleeding, broken limbs, head and neck injuries, and other debilitating conditions.

More often than not, most plane crash injuries result from blunt trauma, which tends to be quite significant, as you would expect.

Of all the plane crashes that occur, roughly 20 percent of these result in fatalities and are what tend to dominate news cycles when they do occur, as you’ve likely seen in recent plane crashes.

Surviving kin are left reeling from the death of their loved ones and, in many cases, suffering from the financial loss that comes with losing their spouse, primary provider, or parent.

US laws recognize these as injuries, allowing surviving family members to pursue a wrongful death suit against the airline to recover damages.

This allows them to receive compensation for the emotional distress that comes from such catastrophes and funeral costs, loss of financial support, and even the victim’s lost wages.

Keep in mind that airplane crashes cause extensive destruction to the property they crash into and the property that was on board the aircraft, including personal belongings, baggage, or shipped merchandise.

Even private aircraft owners suffer significant losses from the destruction of their planes. The law recognizes property damage as a type of injury as well.

Causes of Plane Crashes

Causes of Plane Crashes

The number one cause of airplane crashes is pilot error. Some sources estimate that it accounts for roughly 50 percent of the crashes that occur.

Weather conditions can also be a contributing factor to pilot error and plane crashes, with ice, storms, and visibility issues causing problems for both the plane and pilots alike.

Another major cause of airplane crashes is mechanical failure. Planes are complex vessels made up of several constituent parts produced by dozens of manufacturers.

A failure or defect in one of these parts – like the fuel system, electrical system, landing gear, etc. – can cause extensive malfunction leading to a crash.

Other common causes of aviation accidents include:

  • Violating FAA regulations
  • Structural or design issues
  • Flight Service Station employee negligence
  • Federal Air Traffic Controller negligence

The Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) are the two federal agencies charged with air travel regulation and the investigation of both private and commercial aviation accidents.

Causation and Liability – Determining Who Is Responsible for the Crash

Determining causation is an important piece of the puzzle. Passengers and the surviving family members of crash victims need to know who is to blame for the accident.

Aviation regulators and airlines also need to determine causation to prevent similar crashes from happening again in the future. From a legal standpoint, determining causation identifies who the at-fault party is to put them on the hook for damages.

If a plane crash resulted from pilot error, maintenance issues, or any other preventable lapses, the airline would be liable for the plane accident. They have a duty of care towards their passengers.

When they fail to do this, and an accident occurs, you can sue the airline on the grounds that the plane crash resulted from the airline’s negligent actions.

The law also holds the manufacturers of aircraft components liable if they are responsible for causing injuries. This is provided in the Strict Products Liability theory.

An error or oversight in the manufacturing process, a defect in the design, and the failure to provide a warning about the potential dangers may all result in manufacturer liability.

In-Flight Injuries

In the case of airplane injuries due to turbulence or as a result of in-flight mishaps like luggage falling out of the overhead storage, the ability to sue the airline depends on who or what caused the injury in question. It all boils down to proving negligence.

For instance, if you took off your seatbelt and decided to walk around the cabin after the captain announced that passengers should be seated with their seatbelts fastened on, you’ll have a hard time proving that the airline was negligent.

If, on the other hand, the captain failed to notify passengers of incoming turbulence and you were injured as a result, you can file a lawsuit against the airline.

If you suffered injury or lost a loved one due to a plane crash, get in touch with a competent airplane accident lawyer as soon as possible. Aircraft litigation is often complicated and may involve several different parties being named as defendants in your case. Don’t go it alone.

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