Can Passengers File Personal Injury Claims After a Car Accident?

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The law tells us that drivers of autos can file personal injury claims, following an automobile collision, against the party responsible for causing the accident.  But, what about passengers of autos?  If injured in a car accident, do passengers go without any type of recourse for their injuries?  The quick answer is “no.”  Let’s take a moment and analyze this issue in a bit more detail.

Drivers are Responsible for Their Passengers

 When passengers are riding in a motor vehicle, the driver of that vehicle has a legal duty to exercise reasonable care for the safety of the passengers while driving.  Put another way, drivers are responsible for a passenger’s well-being for as long as the passenger remains as such in the vehicle.  If a motorist drives in a negligent manner, and an accident results, any passengers in the vehicle that suffered injuries can seek to hold the driver liable for those injuries.

We must note here that automobile passengers can also suffer injuries in car accidents that are caused by other motorists.  We must further note that negligent drivers are liable for the injuries of all the occupants in a car that they negligently hit.  For example, assume John is driving a car and has no passengers.  Further, assume that Sally is driving a second car and her friend, Beth, is riding as a passenger.  If John is negligent in causing an auto collision with Sally, and Beth is injured in the accident, she can try to hold John liable for her injuries.

Can a Passenger File a Claim Against Multiple Drivers?

 If an auto collision took place between two cars, and both drivers were responsible for the accident, then a passenger can make a claim against both drivers.  Let’s return to John, Sally and Beth.  Consider the factual scenario where John and Sally are approaching an intersection.  John is speeding and fails to see Sally’s car.  Sally though is not wearing her prescription eye glasses and does not observe John until the two vehicles collide.  Theoretically, both John and Sally are at fault for the accident.  If Beth was injured in the accident, she can file a claim against both drivers to recover damages.

Please know, however, that comparative negligence percentages will apply if a passenger successfully makes a claim against multiple drivers.  We discussed the concept of “comparative negligence” in a previous entry.  In Washington, this concept basically states that an injured party, in an automobile accident, will be awarded a damage amount in proportion to the percentage of fault of the other driver.  If Sally had no passenger and it was found that John was 80% at fault in our hypothetical collision, Sally would receive 80% of any compensation she sought in a personal injury claim.

For collisions involving passenger injuries, these same percentages and rules apply.  Let’s reintroduce Beth into our accident scenario.  Assume she suffered $50,000 in damages and filed a claim against both John and Sally.  It was determined that Sally was 20% at fault for the collision and John was 80% at fault.  Under the concept of comparative negligence, Sally would owe Beth $10,000 (or 20% of $50,000) and John would owe Beth $40,000 (or 80% of $50,000).

What Happens if a Passenger is Related to a Driver?

 We really do not like to cause rifts in familial relationships and no parent ever enjoys being sued by a child, or vice versa.  Thus, we have to consider the situation where a driver is negligent in a car accident and was driving while a relative was riding in the car.  In these circumstances, the relative/passenger is typically deemed an insured under the driver’s automobile insurance policy; and resultantly, the passenger can pursue recovery options under that policy.

Other Insurance Considerations

 Filing a personal injury claim against a negligent driver in court is definitely not the only option available for a passenger who has suffered injuries in an accident.  Depending on who was at fault for the collision, the passenger can make a claim against either of the following liability insurance policies:

  1. The policy of the driver or owner of the car the passenger was riding in, or
  2. The policy of the driver or owner of another vehicle involved in the accident.

Depending on the facts involved, passengers may even be able to make multiple insurance claims.

Phillips Law Firm Can Help

 Passenger injuries following an automobile accident can be severe.  To make matters worse, passengers may experience several difficulties in trying to recover damages from these accidents.  If you have suffered injuries as a passenger in an automobile collision, please do yourself a favor and let our firm’s experienced attorneys help.  We can easily answer any of your questions, and if necessary, they can begin building your case today.

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What Can I Do if My Workers’ Compensation Claim Gets Denied?

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An old proverb tells us: “If at first you don’t succeed, try, try again.”  This about sums up what claimants can do if they’ve filed a workers’ compensation claim with the Washington State Department of Labor & Industries (L&I) and the claim gets denied.  The “try again” part means workers have the right to appeal their workers’ compensation denial.

The following takes a closer look at the appeal process.  Please note that this is a big picture as to how the appeal process works for workers’ compensation claims that are denied in Washington.  The nature of specific cases always varies depending on the specific facts involved.  As always, Phillips Law Firm stands ready to address your specific needs and concerns.  Please contact one of our experienced workers’ compensation attorneys today to get your specific questions answered.

Protest and Request for Reconsideration

If your workers’ compensation claim gets denied from L&I, the first way to appeal the decision is to file a “Protest and Request for Reconsideration” with L&I.  There is no exact form for this protest and request.  Rather, denied claimants simply write a letter to the adjudicator listed on the denial order in dispute.  Within the letter, claimants provide the reasons as to why they disagree with the reasoning behind the decision to deny benefits.

Once this document is sent, an L&I employee will review the claimant’s original claim, denial order, and the protest and request information.  L&I has 60 days to review this information and make a determination as to whether it will affirm the original order of denial, reverse it or modify it. If a claimant is dissatisfied with this determination, he can then file an appeal with the Board of Industrial Insurance Appeals (Board of IIA).

Appealing to the Board of IIA

Filing an appeal with the Board of IIA involves filing a specific appeals document.  This document can be found online at: www.biia.wa.gov.  The document is free to file, but denied claimants must bear their own litigation expenses if a case proceeds to a hearing.

After an appeal is filed with the Board of IIA, the Board typically holds a mediation conference.  If a claimant and his employer are unable to resolve matters at the conference, the case will be sent to a hearing.  A hearing at the Board of IIA is much like a trial in court.  By this, we mean a claimant and his employer have the right to present evidence (primarily through witness testimony) to help prove their respective cases.  A judge presiding over the hearing will then issue a Proposed Decision and Order that determines the ultimate ruling in the hearing.

Appealing a Proposed Decision and Order

If a claimant is dissatisfied with a judge’s Proposed Decision and Order, the claimant then has another appeal at his mercy.  This appeal is known as a Petition for Review.  A Petition for Review is a legal document in which a claimant states the specific reasons as to why he believes the Proposed Decision and Order was inaccurate.  The claimant also sets forth the evidence that supports his position.

Once a Petition for Review is submitted, a three member panel decides whether to accept it and review the case.  If review is decided upon, the case returns to L&I and the claimant will likely receive some form of benefits.  If the panel rejects a review, then the claim continues in denial.

Further Appeals

If a Petition for Review is denied, then a claimant may still appeal this decision with State Superior Courts, the Washington State Court of Appeals, and even Washington’s Supreme Court.  However, claimants should note that this particular process can prove difficult.  For this reason, an experienced L&I attorney is often recommended for handling a case.

In Fact…

Appealing a workers’ compensation denial, even at the first chance of appeal, can be a grueling and complex process.  The process though is important for an injured worker should rarely be denied benefits following a work related injury.  If your workers’ compensation claim has been denied, don’t wait until it’s too late.  Contact an experienced workers’ compensation attorney to help represent your needs and interests.

The experienced attorneys at Phillips Law Firm have been handling workers’ compensation claims, and appeals wherefrom, for years.  These dedicated attorneys can undoubtedly answer your questions, and if need be, represent you throughout the entire appeals process if your specific claim has been denied.  Simply contact them now and get the justice you deserve.

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Three Tips to Help Build a Better Personal Injury Claim Following an Automobile Accident

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We all know that auto accidents can lead to heightened emotions, anxiety, and yes, injuries.  All of these possible results tend to prevent an accident victim from gathering valuable information from the scene of an accident.  By “information,” we mean critical facts and evidence that may help a victim build a better personal injury claim.  Let’s take a moment below to provide three simple tips to help ensure you preserve the information you need following an accident.

Before jumping to the tips, please note that if you’ve suffered injuries as the result of an automobile collision, the most important thing to do is seek medical assistance.  This critical step goes unwavering.  No matter even if you might contemplate bringing a personal injury claim immediately following an accident, your health and safety comes first.

Tip #1 – Return to the Accident Scene

An accident victim should try to return to the scene of his accident as soon as possible after the event took place.  As stated above, safety and a sense of calmness should come first.  However, after both have been ensured/restored, accident victims should re-visit their accident scenes.  Why?

The main reason is to gather evidence as to what may have caused the accident.  Victims are often surprised to learn of new facts (e.g., a traffic light that wasn’t working) that may have been a contributing factor to their injuries after re-visiting a scene.  To help assist in gathering evidence, victims should return to their accident scenes with a camera.

It’s important for a victim to photograph anything that he believes could have caused the accident.  Some things to consider when taking photos include: weather conditions (e.g., icy or wet road surfaces), traffic signs, and traffic levels.  Victims should also try to take photos from a variety of different angles.

Tip #2 – Seek Out Witnesses

Witnesses can prove invaluable when building a personal injury claim following an automobile accident.  Witnesses can help describe: the events leading up to an accident, how an accident occurred, and what took place immediately following a collision.  Witnesses may be able to support a victim’s version of events; or, they may be able to indicate how another driver was at-fault.

Gathering witnesses is another important reason why a victim should return to an accident scene.  When a scene is re-visited, a victim may find someone who saw what took place.  Further, a victim may discover someone who lives near the scene that knows of other accidents that occurred at the same location in the past.

Tip #3 – Document Injuries

If a person has suffered injuries following an auto collision, that person should take steps to ensure that all injuries are sufficiently documented.  Granted, if a collision victim receives medical treatment from a hospital or medical provider, his injuries should be well documented within medical records.  However, injuries should also be promptly recorded via photographs.  Pictures should be taken of bruises, cuts, swollen limbs or areas of the body, and any devices (e.g., splints, casts, and braces) that may have been used in the course of medical treatment.

Paint a Picture of the Accident

Personal injury claims following an automobile accident will likely involve claim adjusters and attorneys.  Unfortunately, these individuals will not have been present when an accident took place.  Granted, they might have access to a police report that provides background information and facts concerning how an accident occurred.  But, they will likely be missing other pertinent accident details.

If available, further evidence and information of an accident should be gathered to help paint a better picture for adjusters and attorneys.  Obtaining photographs, witnesses and documenting injuries will help fill in any possible blanks within a personal injury claim.  Holes in a claim may lead to unsuccessful claim negotiations or reduced settlements.  Simply follow the above tips to help ensure your claim is as solid and strong as possible.

If you’ve been injured as the result of an automobile accident, please contact Phillips Law Firm for assistance.  Our talented team of personal injury attorneys can answer your questions and help better build your personal injury claim.  Simply contact them today and let them help!

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Portable Heater Recall Provides Safety Reminder

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Seattle, and much of the State of Washington for that matter, has experienced unseasonal cold spells over the past few weeks.  In the quest to stay warm, many of us have turned to portable heaters for respite.  But, please note that these products are not without safety concerns.

Phillips Law Firm is committed to protecting the safety of consumers.  We are also committed to upholding justice for those victims that have suffered damages from defective products.  Given these commitments, we believe it’s necessary to inform on a recent portable heater recall.  The recall also helps remind us all to use these products with extreme safety.

Vornado Heater Recall

Please be aware that the Whole Room Vortex VH110 heater from Vornado was recently recalled.  The heater has been blamed in 29 incidents of overheating and melting.  Of these 29 instances, seven have included fires.  The heaters were sold in stores and online from June 2013 through May 2014.  Further information on the recall can be found at vornado.com/recall.

Consumers should note that a product recall is a manufacturer’s request for consumers to return a product.  The recall often results after the discovery of safety issues with the product that might endanger consumers and place the manufacturer at risk of legal action.  A recall is often conducted to limit a manufacturer’s liability for corporate negligence.

Be Safe When Keeping Warm

As recently told by Consumer Reports, portable heaters account for one-third of all home-heating fires every year.  Further, portable heaters account for more than 80% of home-heating fire deaths.  Yes, staying warm is important.  But, so is your safety.

Given the inherent dangers of these devices, Consumer Reports recommends several important safety tips when using portable heaters.  Some of these helpful tips include:

  • Consider replacing older heaters.  Consumer Reports recently finished testing on over two dozen space heaters.  Results show that newer heaters are indeed safer, much in part due to safety switches that automatically turn heaters off if they overheat or tip over.
  • Place heaters at least three feet away from any flammable items (e.g., curtains, bedding, linens, papers, etc.).
  • Always plug heaters directly into a socket.  Never use an extension cord.
  • If you own a portable heater, make sure to check its safety by visiting the Consumer Product Safety Commission website.  The site will be able to provide whether your specific heater has been previously recalled due to fire safety risks.

Your Safety is Our Concern

Quite often, the safety issues and/or defects related to a product are not easily discovered so as to create the need for a product recall.  The truth of the matter is that the defective nature of a product can go unknown for years until a consumer is innocently harmed.  Further, nearly any type of product can prove to be defective and cause injury.

What does this all mean?  Be a smart and safe consumer.  Make sure you research both the product and its maker, prior to purchase, to ensure it’s safe for you and your family.  If available, read reviews of the product from other consumers to learn of any safety issues the product may have caused.  When using a product, do so for the use it was intended for.

Phillips Law Firm is in the business of providing justice and assistance to those persons who have suffered harm from a personal injury.  However, we are also focused and committed towards trying to prevent this harm from ever occurring.  We care about your safety!

In the event you have suffered harm from a defective product, please contact our passionate team of attorneys today.  While our main focus is on defective drugs, our firm has handled numerous defective product cases in the past.  Always remember that we’re here to provide you with the help and justice you deserve; and, the safety you require.

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Police Body Cams – Good, Bad, or Ugly?

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Questions and controversy surrounding police body cams are escalating to new heights in Washington and around the nation.  Washington Attorney General Bob Ferguson provided a recent legal opinion in which he stated that police don’t need a citizen’s permission to record interactions using cameras worn on police uniforms.  Ferguson’s opinion may, or may not, have added to citizen concerns regarding police body cams.

Phillips Law Firm is constantly assessing the needs and concerns of Polour citizens.  In our continued quest to gather your information, please tell us your thoughts on police body cams.  Are they good, bad…or is the concept just ugly?  To help generate comments, let’s provide some further information on the topic.

More on the Ferguson Opinion

Ferguson’s recent opinion was largely based on several Supreme Court rulings that hold that interactions with on-duty police are presumed to be public.  Based upon these rulings, Ferguson opined that officers are under no obligation to turn off body cams if people object to being recorded.  According to Ferguson, this even holds true if an event is being recorded in a person’s home.  Ferguson’s opinion is a nonbinding legal opinion.

The opinion was given in response to a request from state Senator Andy Billig of Spokane.  Billig made his request after questioning whether the use of body cams might run counter to Washington’s Privacy Act.  This act prohibits the recording of most private conversations without the consent of all persons involved.  According to Ferguson, however, consent to record is not necessary since, in his opinion, the interactions being recorded are public in nature.

Why Body Cams in the First Place?

Many citizens and politicians have questioned why body cams themselves are even necessary.  Police departments across the nation have adopted the cameras to help: improve police accountability, solve crimes and defuse volatile situations.  According to the U.S. Department of Justice, support for the cameras is also found in evidence that shows that both officers and civilians behave better when they know they’re being recorded.  One study in particular points to a steep drop in complaints against police authorities after officers started wearing body cams.

Concerns Remain

Despite the reasoning that supports body cams, several concerns remain over their continued use.  One main concern is privacy.  This concern involves both conversations, as well as, private information that could get released in public records (via a transcription a camera’s recording).  In contemplating this issue, citizens should note that body cams record not only conversations, but they can also capture footage of a person’s face, home, and license plate.

According to a report from Komo News, James McMahan, policy director of the Washington Association of Sheriffs and Police Chiefs, says that while the cameras are a good tool and his organization supports their use, the privacy questions they raise are difficult to answer.  For example, McMahan points to the hypothetical instance where a citizen might be reluctant to call 911 because he feels police will be recording the inside of his home.

What Do You Think?

Approximately a dozen cities across Washington have started equipping police officers with body cams.  But, should the cameras continue in their recordings; or, should they be turned off for good?  As some citizens believe, do the cameras cross a line between police protection/public safety and personal privacy?

As always, Phillips Law Firm is interested in hearing your thoughts.  Please always remember that our attorneys are here to listen to your concerns and they stand ready to protect your rights.  In the end, our firm is committed to providing access to the justice that we all deserve.

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Attorney’s Fees in Medical Malpractice Cases – Contingencies and Limits

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Medical malpractice in the U.S. affects millions of patients every year.  While this is unfortunate, it’s true.  The negligent acts of doctors and nurses can mean injury and even death for countless innocent patients every year.  Many injured parties want to pursue legal recourse for their damages.  However, they often feel hindered on account of what could become exorbitant legal fees.

Believe it or not, a patient is typically not charged a dime for bringing a medical malpractice suit, unless their suit proves successful.  Further, if successful, there are limits in place as to how much an attorney can recover in a given case.  Let’s take a further look at both of these concepts.

Contingent Fees

Attorneys take medical malpractice cases on what is known as a contingency basis.  This means an attorney will not charge his client a professional legal fee unless the attorney handles the case successfully.  No, there’s no catch.

In a contingent fee arrangement, an attorney agrees to accept, as compensation for his services, a fixed percentage of any damages ultimately recovered in a case.  The fixed percentage is often one third.  If a case proves successful, an attorney receives his fixed percentage from the money awarded to his client.  If the case is unsuccessful, both the attorney and his client receive zero dollars; and, the client does not have to pay the attorney for work done on the case.

Since we all like success, let’s consider a quick example where John, an injured patient, is successful in a medical malpractice case against his doctor.  John hired attorney Sarah to represent him in the matter.  The two agreed on a contingent fee arrangement whereby Sarah would receive one third of any monies recovered in the lawsuit.  At trial, a jury awards John $900,000 in damages.  According to the fee arrangement, this means Sarah would receive one third of the award (or, $300,000).  John would receive the remaining $600,000.

Despite this success, many may still question the total amount paid to Sarah for her legal services.  Some might find this amount unfair or excessively high.  Individual states within the U.S. have shared in these questions and concerns.  As a result, most states have enacted statutes that pertain to limiting attorney’s fees in medical malpractice cases.  These limits serve to protect an attorney’s client.  These limits, further, usually come in two forms…percentage limits and court review.

Percentage Limitations on Attorney’s Fees

Over a dozen states have statutes that limit an attorney’s contingent fee arrangement, for medical malpractice cases, on the basis of percentages.  Recall that in contingent fee arrangements, an attorney agrees to a fixed percentage of ultimate recoveries as compensation for the attorney’s services.  Percentage limitations essentially limit the fixed percentage an attorney may use in his contingent fee arrangement.  For example, the State of Tennessee imposes a strict limit that an attorney’s fees may not exceed a percentage of one-third of any overall recovery.

Court Review and Approval

In some states, including Washington, limits on contingent fees come in the form of court review and approval.  Let’s consider Washington law as an example.  Here, our laws state that if a client is unsatisfied with his attorney’s fees arrangement, he may petition the court for a determination as to whether any fees charged were reasonable.

Whether or not a fee arrangement is “reasonable” depends on several factors.  Some of these include:

  • The time involved and the requisite level of skill required by the attorney
  • The amount of damages involved and the damage award actually obtained
  • The length of the attorney’s involvement in the given case
  • The experience, reputation, and ability of the attorney involved in the matter

The Phillips Promise

The Phillips Law Firm has a no fee promise when it comes to medical malpractice cases.  This promise is simple: If we do not recover anything for you, you do not owe us an attorney fee.  Yes, we operate on a simple contingent fee arrangement when in comes to medical malpractice cases.

We also offer a free evaluation of your case.  We do this all to ensure that you don’t waste your money or time just so that you can gain the justice you deserve.  If you’ve been a patient recently injured in a medical context, please contact our firm today.  Our talented team of attorneys is ready to answer your questions and assist in building your case.

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Who’s Responsible in a Slip and Fall Accident?

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It’s quite certain that you’ve either seen someone injured, or you yourself have been injured, due to a slip and fall accident.  These accidents injure thousands of people every year.  The question begs: “who is actually responsible for these injuries?”  Can the owner of the property on which the slip and fall took place be held accountable?  Or, does the injured party get blamed for not exercising greater care?  The quick answer is that it all depends on the circumstances.  Let’s examine this more closely.

The General Rule

Most slip and fall accidents take place on property owned by a specific business.  For example, a shopper might slip and fall at a grocery store, a clothing store, or even an airport.  These properties are business properties and Washington law imposes on business owners a duty of ordinary care to their invitees.  Great, but what does this mean?

Well, let’s assume Peter slips and falls on a piece of wet tile while shopping at a grocery store.  After sustaining injuries from the fall, Peter hopes to file a lawsuit against the owner of the grocery store to recover damages from his accident.  In Washington, the general rule governing liability in these types of cases states that Peter must prove two elements to be successful in filing a suit.  First, Peter must show that an unsafe condition existed on the business premises.  Second, Peter must prove that either: (1) this unsafe condition was caused by the business owner (or its employees); or, (2) the owner had knowledge of the unsafe condition and failed to correct it.  Let’s help clarify matters by looking at this second element in more detail.

Unsafe Condition Caused By Business Owner

As stated above, a business owner can be held liable if the owner (or, the owner’s employees) caused an unsafe condition.  Liability can also be imposed if the owner, or an employee, tried to correct an unsafe condition, but did so in a negligent manner.  Unfortunately, there is not a hard and fast way to determine if an owner created an unsafe condition; or, if an employee was negligent in trying to correct an unsafe condition.  The specific facts of a case will typically determine whether or not either one of these conditions was met.

Knowledge of Unsafe Condition With No Action

Again, according to our general rule above, a business owner can be held liable for a slip and fall accident if a person can prove that the owner knew of an unsafe condition but failed to correct it.  Proving that a business owner knew of an unsafe condition can take two forms.  First, an injured party can try to show that a business owner had actual knowledge of the dangerous condition.  Second, an injured party can try to show that a business owner had “constructive notice” of an unsafe condition.  Constructive notice basically means that an unsafe condition had existed for such a period of time that a business owner should have discovered it, and remedied it, by making a proper inspection of the premises.

As with determining if an owner created an unsafe condition, there is no hard and fast rule to determine if a business owner had actual or constructive notice of an unsafe condition.  Again, this issue is typically resolved by the specific facts of a given case.  Upon an analysis of these facts, a judge or jury is left with the task of deciding whether a business owner should have known, and remedied, an unsafe condition.

Carelessness of an Injured Party

Some slip and fall accidents are due to a level of carelessness by an injured party.  For instance, in our example with Peter, maybe he did fall while shopping because of a liquid on the store’s tile floor.  However, it may be the case that he was partly to blame for the slip because he should have exercised greater care while walking, or at least observing his surroundings.

In this instance, the law states that Peter is “comparatively negligent” for his accident.  This essentially means he is partly to blame for any injuries he sustained.  When a party is comparatively negligent, and if a damage award is provided to the injured party, the total amount of this award can get reduced because of the party’s own carelessness.

We’re Here to Help

If you haven’t guessed by now, it can be difficult to successfully prove that a business owner should be held liable for slip and fall injuries.  The law in this area is a little complex, exceptions to rules apply, and specific facts will ultimately determine if liability should be imposed.  The attorneys at the Phillips Law Firm have successfully represented numerous clients that have suffered injuries from slip and fall accidents.  These attorneys are ready to assist you in this area of the law today!  Simply contact them and let them get you the justice you deserve.

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Who’s Responsible if I Suffer Injuries from a Defective Product?

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defective-productPreviously we examined who’s responsible for injuries suffered in premises liability claims.  We again visit the topic of responsibility.  We do this to support our ongoing dedication to assist personal injury victims in understanding where responsibility for their injuries lies.  This time our attention is focused on defective product claims.

The Nuts and Bolts of a Defective Product Claim

Responsibility really can’t be determined unless we all have an equal understanding of what a defective product claim is.  Let’s get our feet firm by quickly visiting the topic.  If you receive injuries as a result of using a specific product, you may be able to file a suit for damages.  This particular lawsuit is known as a defective product liability claim.

Most of these claims are based on a general negligence standard.  This means that an injured party would base a defective product lawsuit on the assertions that:

  1. A manufacturer (or some other party as discussed below) was negligent in making a product;
  2. The product was defective;
  3. The defective product caused the claimant to receive injuries; and,
  4. These injuries resulted in recognizable harm or damages.

Defective product claims can also be based upon breach of warranty and strict liability theories.  This first basically asserts that a product did not perform as promised.  The second will support a lawsuit when a manufacturer places a defective product on the market and the product causes injury.

Responsibility for Defective Products

Placing blame in defective product liability cases normally involves something called the “chain of distribution.”  The chain of distribution simply refers to the path a product takes, and the parties involved, once the product is manufactured.  This chain typically starts with a manufacturer and ends with a retailer.  In between these two entities are various middlemen, that will usually differ depending on the product being manufactured.  As a general rule, a defective product suit will likely try to impose responsibility on all the parties involved in the distribution chain.

Let’s help clarify matters by taking a closer look at the parties within a chain of distribution.

  1. Manufacturers:  Manufacturers of defective products should be responsible for injuries caused by these products for obvious reasons.  A difficulty often lies in determining responsibility with complex products that incorporate parts manufactured by different business entities (e.g., cars, lawnmowers, grills, etc.).  Here, responsibility should be placed, at least in the early stages of a lawsuit, on both the manufacturer of the defective part and the manufacturer of the product that contains the defective part. 
  2. Retailers:  Granted, a retailer does not manufacture defective products that cause injury.  However, responsibility could very well be placed on a retailer for an injury incurred if the retailer was negligent is selling the defective product.
  3. Middlemen:  Depending on the specific product in question, the product’s chain of distribution could involve: wholesalers, suppliers, and distributors.  All of these parties are deemed middlemen linking a product from its manufacturer to its retailer; and, all could face responsibility for injuries sustained in a defective product case.

Other Considerations

Keep in mind that defective product liability claims can be quite complex.  For example, parties can still file these claims regardless as to if they: were the original “buyers” of the defective product; actually used the defective product themselves; or, sustained damages from a defective product that was used (i.e., not new).  In addition, the manufacturers, retailers and middlemen in some defective product claims that involve gigantic corporations and even foreign businesses.  All of these considerations can inject a series of complexities into an already convoluted area of the law.

At Phillips Law Firm, we have successfully handled numerous defective product cases in the past. Our main focus is on defective drugs but we have been involved with other types of products as well.  Many of these cases have included large-scale manufacturers, Fortune 500 companies, and a host of negligent middlemen.  Our attorneys effectively apply their extensive knowledge in the service of all of our clients, whether they’re in Seattle or anywhere in the United States. Fighting for the rights of injured people is just one step toward justice and the attorneys at Phillips Law Firm are committed to getting Justice For You.

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Young Workers More Likely to Get Hurt on the Job

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teen injured on the jobChallenges abound for today’s young workers.  High unemployment rates mean young workers face greater competition from adults for jobs traditionally reserved for teens and 20-somethings.  Young workers must also balance employment demands with those demands imposed by family, school or even other jobs.  Further, today’s young workers are more likely to get hurt on the job in comparison to working adults.

If you don’t believe the latter point, just ask Matt Pomerinke.  Matt, of Longview, Washington, was recently working at a Washington lumber mill.  During the course of his employment, Matt’s arm got caught in an unguarded conveyer drive chain.  A result was that his arm was amputated just below the elbow.  Matt was only 21 at the time of the accident.

Working Teens at Greatest Safety Risk

Today’s young workers are more likely to get hurt on the job than working adults. Working teens suffer the greatest number of work-related injuries every year. According to the University of Washington’s Health and Safety Awareness for Working Teens (HSAWT), nearly 230,000 teens in the United States suffer a work-related injury per year.  This number is twice as high as the same statistic for working adults.

In regards to Washington State, the HSAWT reports that between 2000 and 2006, 11,125 teens reported a workplace injury to the Washington State Department of Labor and Industries (L&I).  “Ninety-three percent of those teens were 16-17 years old.”  The HSAWT further reports that the most common work-related injuries for teens include: cuts, sprains, bruises and burns.  We should also note that from 1988 through 2006, according to the HSAWT statistics, 15 teens died on account of workplace related injuries.

The Injured Young Workers Speakers Program

We mentioned Matt Pomerinke at the beginning of this post.  Matt tells his story and speaks about safety awareness as part of L&I’s Injured Young Workers Speakers Program.  This program brings young speakers who suffered severe work related injuries to high schools around the state.  The program began in June of 2008.  Since its inception, the program has educated over 3,000 teens throughout Washington.  In addition to high schools, speakers from the program have made presentations at technical colleges, Job Corps schools and various skills centers.

What is the program’s success?  Evalutaions show that the program results in greater work-hazard awareness for teens and young adults.  Over the course of 2009 to 2011, 70% of teens attending the program reported that their awareness of work-related safety issues was significantly raised due to the program’s speakers.  We, at the Phillips Law Firm, applaud the speakers from L&I’s program.  We are remorseful for their injuries, but we are proud of their continued dedication in fostering awareness and education.

Young Workers Deserve Our Attention and Protection

Many young workers enter the workforce with vigor and vim.  They show passion and dedication with a thirst to learn.  These workers have decades of years in front of them that should be full of happiness, experiences, and the ability to see the rewards of their hard efforts.  A serious injury could take away all of this in a matter of seconds.  A serious injury could also destroy their job options for the future.

Teens and parents alike should realize that labor laws may differ for working adults and younger members of our workforce.  Young workers deserve our attention to help ensure they understand their rights and responsibilities when it comes to their employment and our State’s labor laws.  A greater understanding means nothing less than greater protection from work related injuries.

While we should all seek to provide this attention and protection, our firm solidly stands ready to lead the march.  The attorneys at the Phillips Law Firm have years of experience in representing injured workers…both injured adults, as well as, injured teens and young adults.  We know the pertinent laws and rules that are in place to protect our younger workers.  Hopefully you will never require this knowledge, but if you do, simply contact us and let us pass it along.

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Who’s Responsible If Someone Hurts Themselves On My Property?

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danger of death by electricityWe’ve said it before and we’ll say it again…the law can be complex and confusing.  This is especially true in the realm of personal injury matters.  By their very nature, these matters mean a person has been injured and someone must legally assume the blame or responsibility for any injuries caused.  Placing responsibility on a party is often not readily or easily accomplished.

The Phillips Law Firm never wants it clients or injured persons to be left in a state of confusion.  This is why we’re dedicating some time once a month to examine personal injury scenarios and explain where responsibility for any perceived injuries lies.  Our first scenario involves a topic known as “premises liability.”

What is Premises Liability?

Let’s assume for a moment that you own a home.  Let’s draw a mailbox for your home at the front door.  Now, pencil in a postal carrier that enters your property so that he can deliver the mail.  This carrier has a reasonable expectation that he will not get injured while on your property.  For you, the homeowner, this means that you are responsible for maintaining a reasonably safe environment upon your property.

This hypothetical demonstrates the general concept of “premises liability.”  The factual scenario involved is typically one where a person steps foot on another person’s property and gets injured.  The questions then become: (1) who was responsible for the injury; and, (2) what specific duty did the property owner have in regards to maintaining his property in a reasonably safe condition.

In the State of Washington, the answers to these questions depend on the specific legal classification that is placed on the injured person.  That is, according to Washington’s premises liability laws, a person entering another’s property does so in one of three ways.  He can enter the property as: an invitee, a licensee, or a trespasser.  The specific label a person assumes will essentially determine responsibility and liability.

This will clearer if we examine each of our three legal classifications.  An examination of each will indicate the duties owed to a person stepping foot on another’s property.  It will also help determine the party that bears responsibility for injuries.

Trespassers

The law defines a trespasser as a person that steps foot on another person’s property without permission or invitation (e.g., a burglar).  Premises liability laws state that a trespasser enters a person’s property at his own risk.  This means property owners owe no duties to trespassers.  The only exception is that property owners cannot deliberately, willfully or wantonly injure a trespasser.  So, if a burglar steps foot onto your property and he’s injured after tripping over a small rock, the property owner is not responsible for the injuries because the injured party entered the property as a trespasser.

Licensees

The law defines a licensee as a person that enters another person’s property with the property owner’s permission, but not for a business-related purpose that would benefit the property owner.  For example, a licensee includes a social guest that is visiting a friend’s home for a non-business purpose.  A property owner is responsible for any injuries caused to a licensee, but only if three conditions are met.  These include:

  1. The property owner knows, or should realize, that a harmful condition exists on his property; and
  2. The owner fails to exercise reasonable care to either make the condition safe or to warn of the condition; and
  3. The licensee does not know or have reason to know of the harmful condition.

Invitees

The law defines an invitee as a person that is invited onto another person’s property for a business related purpose benefiting the property owner (e.g., a customer of a restaurant).  The law states that property owners have a duty of ordinary care for an invitee’s safety.  This includes a duty to safely maintain portions of the property that an invitee has been expressly or implicitly invited to use (or, might be expected to use).  Further, property owners have a duty to protect invitees from criminal conduct on the property that the owner either knows of or should know of.

The above represents a quick snapshot as to the intricacies involved in a premises liability matter.  The most important thing to understand is that responsibility for injury, suffered by one person while on another person’s property, will ultimately depend on the injured party’s legal status at the time of the injury.  This is by no means an easy issue to understand and resolve.  Luckily, our knowledgeable attorneys have years of experience in representing injured parties in premises liability cases.  If you have been injured while on another person’s property, simply contact us today.

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