Fairbanks Alaska Statewide Personal Injury Lawyers - Miscellaneous

AAJ CEO Jon Haber Resigns - Missing a Good Man

Ward Merdes — Wed, 08 Apr 2009 11:53:12 GMT

The American Association for Justice's CEO Jon Haber resigned recently.

He did a great job for the AAJ. His enthusiasm and hard work will be missed. The injured, weak and downtrodden will want in his absence.

Jon, thank you for all you did.

Originally posted at InjuryBoard by Ward Merdes

Escalator Catastrophe Frames Tort Reform Debate for Alaskans

James Cool — Tue, 24 Feb 2009 02:38:29 GMT

The Anchorage Daily News reports that on February 8, 2009 a three year old girl lost 3 fingers in an escalator accident at an Anchorage J.C. Penny’s department store. According to news reports, the three year old was riding the escalator by herself while her mother paid for some recently purchased items at a nearby register. While riding, the new coat the toddler carried became caught in the machinery of the escalator. Attempting to retrieve her coat, the three year old girl reached down and pulled on the coat which led to her hand being sucked into the machinery. Witnesses to the event recall a “blood curdling scream” as the little one’s hand was devoured by the steel teeth of the escalator. Normally, escalators are equipped with sensors which detect the entrance of foreign objects into the machinery. But this particular escalator was “grandfathered in” and pre-dates sensor technology. As a result, the escalator proceeded to mangle the child’s hand as emergency and store personnel rushed to her rescue. Once they arrived, store personnel were able to locate and hit the emergency off-switch which was located beyond the child’s reach. Though this stopped the machine from further injuring her hand, it did not free her from its steel clutches. According to the news report, it took 2 claw hammers and all of the strength store personnel could muster over an agonizing matter of minutes to free the toddler from the machines deadly grasp.

As a result of her encounter with the antiquated escalator, the child is expected to lose three of her fingers. Doctors are hopeful that she will be able to keep her pinky finger. The event was horrifying for more than the girl and her mother. Witnesses describe it as “terrifying” and one witness who saw the machine “sucking her hand in” has complained of nightmares following the experience. Perhaps offered as comfort to the permanently disabled girl and her family, Ron Thompson of Anchorage Building Services proclaims that “things could have been way worse.” He is most likely referring to severe additional damage to the girl’s thumb, wrist and forearm which would have resulted had store employees not rushed to hit the emergency off-switch. Mr. Thompson also warns shoppers that “"[escalators] are not a playground. They are a very serious mechanical device that can cause some major damage, and major damage very fast, very quickly." It is not clear whether such a warning was on signs where shoppers could have received this sage advice.

The young girl’s family needs to know a few things:

(1) The Statute of Limitations for personal injury claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim may go away as a result of your failure to pursue it. Sometimes, claims may survive until the victim’s 18^th birthday. For the way in which the statute of limitations will apply here it is strongly recommended that you…

(2) Contact an attorney right away. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information only. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

If comments on the various news websites are any indication, the Alaskan and national community are quite divided over this issue. Many commenters have reacted extremely aggressively and hatefully toward the mother of the injured toddler. Other folks have expressed shock and dismay at the dangerous and antiquated machinery utilized by the store. In light of the misinformation surrounding the situation there are a few basic facts everyone, especially the toddler and her mother, should be aware of:

1.) Everyone has a duty to act “reasonably under the circumstances.” What this means is a judgment call. But generally it means taking reasonable precautions to avoid risks which can be foreseen. In other words, if it is a possibility that someone might get injured in an escalator because it lacks emergency shut-off technology, then it might be reasonable to update the escalator’s technology. On the other hand, if it is foreseeable that a young child riding an escalator with a long coat might get it caught in the escalator and perhaps get injured, it may be unreasonable to let her ride it unsupervised. One of the questions which must be answered here is whether the store normally allowed toddlers to ride the escalator without supervision or with limited supervision. What is reasonable or unreasonable in a given situation depends on many different facts, most of which are not included in the news coverage of this accident. Whether the mother, the store, the escalator maintenance company, or anyone else is at fault is a question that can only be resolved after a complete and thorough investigation.

2.) Stores have insurance for situations such as this. Whether someone slips and falls on a wet floor, has a box fall on their head, or gets mangled by an escalator, large department stores maintain insurance policies to protect themselves from having to compensate injured individuals out of their bottom line. Contrary to tort reform myth, law suits are not the cause of “sky-rocketing” insurance premiums. On the contrary, the insurance industry follows the ebb and flow of the economy. Insurance is a business. They take your money and they expect to pay out on many, many claims. Where they make their money is in two ways: a.) denying claims and b.) investing. Recent studies have shown that the uptick in insurance premiums during recent years is more closely related to under-reserving by insurance companies during prime economic times and recent fluctuations in the various securities markets. In other words, insurance companies accept your premiums on the understanding that they will pay out when people are injured and you are at fault. Premiums rise, not because of “law suit abuse,” but rather because of fluctuations in the economy and poor economic practices on the part of insurance companies.

3.) J.C. Penny should absolutely install a newer, safer escalator. Dean Paul, the co-owner of Alaska Yellow Cab who heroically came to the toddler’s rescue, said it best: "you can't grandfather safety." Of course toddlers will ride the escalator. Of course children of all ages will play on them. Of course people in Alaska will be wearing and carrying long coats and scarves which may get caught in the escalator. There is no excuse other than greed for failing to install escalators which do not pose a threat to the property and limbs of their patrons.

4.) It isn’t wrong to trust a department store. It isn’t wrong to trust that they will have appropriate safety devices in their escalators, elevators and electronic doors. Department stores receive a direct benefit from your presence. You come to shop and give them your money. They advertise, sending out fliers and coupons, inviting you to come to their store and spend your money. In exchange they promise to provide you with a safe and enjoyable shopping experience. J.C. Penny is not doing you, the consumer, any favor by letting you shop there. The least they can do is make it a safe and positive experience.

5.) Just because it does not happen often, does not mean it is the child’s or her mother’s fault. Escalator accidents are rare because they are typically safe machines. Recent advances have made them even safer. However, these accidents do occur and may have occurred at the same store. The bottom line is this: had proper sensors been installed on this machine, bringing it in line with current technology, the machine would have halted once her jacket became lodged inside of it and she would perhaps have survived uninjured.

For those pointing their finger at the toddler’s mother, I ask you this: What if it was your daughter? What expectation would you have of the store’s escalator safety mechanisms? Their signage?

Originally posted at InjuryBoard by James Cool

Fairbanks Alaska Boating Accident Injures Two Women - Here's The Law They Need To Know...

Ward Merdes — Wed, 11 Jun 2008 01:23:32 GMT

The Fairbanks Daily News-Miner reports that two women were injured in a boating accident allegedly caused by Avery Thomas - who was apparently drunk. The police report that Thomas blew a .137. The legal limit is .08. That's more than 150% of the legal limit. Thomas is toast for this act of stupidity. Here is what the two injured women need to know:

1. Fault: Thomas appears 100% at fault. Under Alaskan law, he is responsible for your injuries, including: (a) lost wages; (2) medical bills; and (3) pain/disfigurement and suffering. Be sure to get good medical care, and keep your empty RX bottles;

2. Applicable Alaskan Tort Laws: Special legal rules usually apply to boating accidents like this - which occur on navigable waters. It's called "Maritime Law" - and it has its share of weird quirks. Fortunately, because of our abundant coast-line, Alaska has a well-developed body of Maritime law. While our highways have "Rules of the Road" - our rivers have similar "Water Rules."The bottom line is that Alaskan law supports holding people responsible for injuring others, particularly in situations like this;

3. Statute of Limitations: The Statute of Limitations for bringing claims for injury related to this boating accident is (likely) two years. If you fail to bring a claim within two years of when the accident occurred, you will (likely) be stripped of all your rights. This is VERY important. Take action now. Mark your calendar;

4. "Serious Crime" Laws: Alaska Statute 09.30.070 provides that you are entitled to full, actual attorney fees, in addition to compensation for your injuries - because Thomas was apparently engaged in a "serious crime" (Drunk Driving) when he hurt you. Make sure your attorney knows about this statute;

5. Insurance Issues: Check to see if Thomas and/or the boat he was driving is insured. He probably is not. If Thomas is NOT insured, file a claim against your own boat and/or automobile insurance, the "Uninsured / Underinsured Motorist" portion. It might cover your claims. Also check to see if the boat you were occupying was insured. Ask the owner (if it's not you). Your own boat may have "Uninsured motorist" insurance that will cover your claims;

6. Hire an Attorney: I know you don't want to, but do yourselves a favor. Hire an attorney ASAP. Maritime cases are tricky, and you need somebody who knows this area of the law. At least interview a number of actual personal injury attorneys (avoid lawyers who "sometimes handle injury cases") - to see if you can find one you like. Believe it or not, Fairbanks has some good personal injury lawyers. We also have some to avoid.

Just don't hire me. You can call me - and I'll walk you through this process for free - but I will not represent you as your lawyer. The reason is because I don't want to be accused of acting like a vulture or ambulance chaser when I write these blogs. It is important that folks understand my motive is pure. I do these blogs to help, not to make a buck off of other people's misfortune.

In fact, I suggest that you hire Joe Paskvan. Mr. Paskvan is in Fairbanks. His phone number is: (907) 452-1205. Mr. Paskvan has absolutely no connection with my office and I get absolutely nothing for recommending him. He's just a good personal injury lawyer. His partner, Ken Ringstad, is also very talented. Hire Joe or Ken to help you.

Or, consider calling the Alaska Bar Association's Lawyer Referral Service: 800-770-9999. It's free. If you like the web, contact the American Association for Justice (AAJ) for a free personal injury attorney referral. Finally, even though this is not an automobile-related wreck, take the time to check out SlowDownAlaska.org for a wealth of driving tips and insurance tips that will help you avoid getting mugged on Alaska's streets.Disclaimer: My law office built SlowDownAlaska.org to help injured Alaskans get a grip on injury law.

I wish you both a speedy recovery. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes

Alaska Helicopter Crash Killes 3, injures 14 year old boy

Ward Merdes — Thu, 17 Apr 2008 13:42:07 GMT

It was reported today that a helicopter crash off the Glenn Highway killed Michael Seward, 37, of Palmer; Thomas Middleton, 46, of Anchorage; Joseph O'Donnell, 48, of Girdwood; and Benoit Pin, a 39-year-old Anchorage pilot for Era Helicopters. Quinn Ellington, 14, was also injured in the crash.

These families need to immediately contact legal counsel in Alaska. Crashes like this are not supposed to happen - and rarely happen without a mistake being made by the pilot and/or the helicopter's maintenance organization. Remember, the Statute of Limitations for bringing a personal injury / wrongful death claim in Alaska is only two years. It would be wise to take immediate action.

Originally posted at InjuryBoard by Ward Merdes

Smart Folks File Uninsured Motorist Claims ...

Ward Merdes — Sun, 10 Feb 2008 19:47:23 GMT

Almost all automobile insurance includes "Uninsured Motorist" (UM) or "Underinsured Motorist" (UIM) coverage. Yet, most people who buy this insurance fail to file a claim when they are hurt by an uninsured or underinsured motorist. Here's what you need to know

UM/UIM coverage is personal. All it requires is that you were hurt by another person who was driving a motor vehicle. You don't need to be anywhere near your insured car for the coverage to apply. You can be in a friend's car - walking on the beach - or hopping on a pogo stick. UM/UIM coverage will be there if you are hurt by an uninsured or underinsured motorist.

Oddly, most folks who pay for UM/UIM insurance never think to file a claim when they are hurt away from their own vehicle. Most folks think that they have to actually be in their own car for their UM/UIM insurance to apply. That's not how it works.

Most folks also don't know that there is no time limit on filing UM/UIM claims. Normally, you can file a UM/UIM claim at any time. In some situations, where a child was badly injured 10 or 15 years ago, a parent may bring a UM/UIM claim today. The same holds true for adults. The Statute of Limitations is usually no bar to a UM/UIM claim. And while it is always best to act quickly, many UM/UIM claims can be brought years after the injury arose.

BOTTOM LINE: Remember to look into UM/UIM claims whenever a loved one is hurt by a motorist. In Alaska, these are some of the best ways that we help our injured clients move toward a better future. Always buy a TON of UM/UIM insurance, and use it when you need it. Just don't be surprised that your insurance agent failed to mention your right to bring a claim...

Originally posted at InjuryBoard by Ward Merdes

The Family Trust - Who's Sticking It To Whom?

Ward Merdes — Sat, 01 Dec 2007 01:01:01 GMT

From an attorney's perspective, the key is tracking what the surviving spouse did with the money. If he/she simply treated the money as his/her own - and spent it however he/she saw fit, huge problems await down the road. You see, the minute the first spouse died, the trust was set in stone. Rules became important. Sadly, these rules are rarely followed - and the kids lose out. Here is what should be done...

If you are such a kid - the beneficiary of a family trust - and you don't know for sure what's going on in it, seriously consider having a qualified attorney do a "trust review" for you. Most of the trusts we investigate are not being administered correctly - costing the kids tens of thousands, hundreds of thousands, even millions of dollars. A qualified attorney (and a forensic accountant) will usually do the review for a flat rate, normally under 2% of the trust value. And, if problems are uncovered, you can then discuss whether it makes sense to have the attorney help you iron out the problems.

Trust mismanagement is a huge problem. To make matters worse, most probate/trust attorneys have no idea what they are doing in this field because most probate/trust attorneys are not litigators - they just don't know how to play hardball in court to protect the kids - ensuring that they don't get hammered.

Keep your eye on this problem. It's going to explode.

Originally posted at InjuryBoard by Ward Merdes

Rick Meshew killed in Alaska Conveyer Belt Accident

Ward Merdes — Mon, 24 Sep 2007 11:23:52 GMT

There was a tragic accident at a Matanuska-Susitna gravel pit on Thursday. The AP reports that Rich Meshew was killed in a conveyer belt accident. He apparently became tangled in the belt and died of related trauma.

Accidents like this have been happening with greater frequency of late. It's a shame that owners /operators of such dangerous equipment fail to improve the safety of such devices. Guards must remain in place. Nobody should work around such equipment unless supervised. Innocent lives are being destroyed.

That said, it's important for Mr. Meshew's family to understand that they have legal rights. They should consider hiring an attorney well versed in handling claims against industrial corporations and/or government entities, and should be aware of the following aspects of Alaska law:

1. The Statute of Limitations for personal injury / death accidents in Alaska is two years for Adults. AS 09.05.070 provides:

(a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

2. Wrongful Death Claims are handled under AS 09.55.070 and AS 09.55.580. These statutes provide that claims for "pre-death" pain/suffering exist and benefit Mr. Meshew's estate. Also, if Mr. Meshew has dependents, his estate is entitled to bring just about a full claim for all related losses. Even without dependents, his estate has as limited claim for financial loss. Again, the estate only has two years to settle this claim, or file a lawsuit.

3. Worker's Compensation Issues: If Mr. Meshew was killed while at work, certain worker's compensation benefits are due his dependents / estate.

We pray for the Meshew family during this difficult time.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Ward Merdes

Five Die in Alaskan Plane Crash

Jenny Albano — Fri, 17 Aug 2007 17:05:29 GMT

A small plane crashed near the island of Ketchikan in Alaska killing 5 passengers. Four people that were on the plane survived.

The names of the people aboard the aircraft are not immediately available, but it is known that 3 of the survivors were sent to a hospital on the mainland for treatment of burns.

According to a member of the rescue squad the plane crashed into a tree about 200 feet from the water at Traitors Cove. The cause of the crash is not known but there will be a full investigation. Megan Peters, a spokesperson for the Alaskan State Troopers, stated that when the plane crashed strong wings suddenly sprung up, but investigators are not sure if that is why the plane crashed.

Investigators will be looking at a multiple of possible causes, including weather at the time of the crash, the plane's flight and maintenance logs, and the pilot's ratings and medical records.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Small Plane Crashes into House Killing 4

Jenny Albano — Tue, 07 Aug 2007 05:31:31 GMT

A small plane crashed Monday, August 6, killing all four occupants. The plane crashed into an unoccupied house in Sitka, Alaska.

The plane was a single-engine Piper which departed from Victoria, British Columbia. The plane was owned by Hendrickson Aviation LLC, located in Delaware.

Lt. Barry Allen of the Sitka Police Department said debris under the plane was smoldering, hampering the investigation. The National Transportation Safety Board was to begin surveying the site Tuesday morning.

The accident happened in a small tourist town called Sitka, which is about 90 miles south of Juneau. The crash occurred just outside the downtown area, and had the plane crashed just a block or two south there would have been may casualties.

The owner of the house, Tess Heyburn, was not at home because she went to have a milkshake with a friend. Heyburn's home is so damaged that it will have to be demolished, but as of now she is just thankful she is alive. "Right now I'm pretty much looking at it like a miracle", Heyburn stated.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Avandia and Actos Linked to Heart Failure(2)

Ward Merdes — Mon, 30 Jul 2007 11:55:34 GMT

Hundreds of thousands of mostly overweight people are taking Avandia and Actos. They just learned that it is linked to heart failure. Can you think of a worse group of people to risk heart failure?
The drugs are prescribed by doctors for type II diabetes. Their use has doubled in the past three years as a consequence of a growing obesity problem. In 2006, 1.8m prescriptions were written across the UKAs many as one in every 50 patients taking the drugs Avandia (rosiglitazone) and Actos (pioglitazone) over a period of 26 months will have to be hospitalised for heart failure.

The class of drugs, they say in the journal Diabetes Care, doubles the risk of heart failure, and even those with no history of heart problems are affected.

This promises to be a huge mess for British company GlaxoSmithKline and Takeda, who manufacture the drugs. It is akin to Vioxx. You want to see your doctor ASAP if you're taking either of these drugs.

Diabetes drugs can cause heart failure. Talk to your doctor, now.

For more information on this subject, please refer to our section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Ward Merdes