Articles Posted in Premise Liability

The Oregonian reports that Christine Shertzer was awarded a $108K settlement for injuries she received when an Australian shepherd bit her at a party.

Shertzer, 43, claimed that the dog’s owners were negligent for allowing their dog to roam freely during the party.

Shertzer suffered serious dog bit injuries in the attack and had to have plastic surgery to repair facial injuries. According to her attorney, she has has permanent numbness of her lip, and eating and drinking is difficult and she can no longer kiss without experiencing pain.

There was conflicting testimony at the trial as to the aggressive nature and history of the dog. The homeowner claimed that Shertzer had handled the dog roughly. However, other witnesses testified that the dog was unpredictable and aggressive and a veterinarian testified that the dog had bit her.

Shertzer had filed a claim for $668,420 for medical bills, pain and suffering and for pain and suffering. However, the jury voted 12-0 finding Shertzer 48% at fault for petting a dog unknown to her.

The homeowner’s insurance policy will pay the settlement.

Dog Bite Liability

Dog bite injuries can often leave victims with disfigurement, scarring and permanent nerve damages. Nerve damage can cause constant pain. Dog bite victims often have to undergo multiple surgeries to correct damage.

Washington State Dog Bite Law

Washington state code 16.08.040 finds that owners of any dog that injures a person are liable for the damages that the bitter person suffers regardless of the former viciousness of the dog. If the dog owner knew their dog was prone to biting, then can be held liable for injuries and that liability is expanded.

Bellevue Dog Bite Attorney

Herbert Farber, a Bellevue personal injury attorney, represents dog bite victims and their families. Our law firm takes seriously the injuries suffered when a person has been attacked by a dog. We work hard to insure that the dog bite victim receives the compensation they deserve to cover medical costs, loss of wages, rehabilitation costs and for pain and suffering.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Orion Fenstra, a 2-year-old-boy, was killed on Monday morning around 10am when he fell into an uncovered septic well when his family was visiting another family in the 20000 block of Sanchez lane in Burlington in Skagit County reports Fox News.

According to a report on Fox News, little Orion wandered off as the two families were visiting. Officers from the Skagit County Sheriff’s Office responded to a call shortly after Orion was reported missing.

Sheriff deputies found Orion in the septic well. It was covered at the time they made their search but they learned that it had been uncovered earlier.

Efforts to resuscitate Orion were not successful.

Just last month, a five year old boy, Noah Thomas, was found in a septic tank in Dublin, Virginia. His death is being treated as suspicious. Read more on ABC news here.

Accidental Falls into Septic Wells

Our thoughts and prayers are with the family of Orion Fenstra tonight as they grieve the loss of their young son. While investigators will sort out what exactly happened, it appears that Orion’s death was not intentional but may have been caused by negligence on the part of the property owner or the company that may have been working on the septic tank prior to the accident.

While doing some research, The Farber Law Group found that accidents involving fatalities to children when they fall into septic tanks or wells occur far too frequently. It is estimated that there are approximately 50 deaths and many more injuries due to fall into wells and septic tanks every year.

Some times people are injured when septic tank covers are too light and can be moved by children and sometimes the covers are damaged or fragile so that a person who steps on them can fall through.

Septic tanks should never be left open or unattended at any time for any reason because a person or small child could fall in and drown. Septic tanks no longer in use should be decommissioned and filled in.

Septic tanks are a type of sewage facility and approximately 25% of the properties in the U.S. relies on septic tanks for their sewage, mostly in small towns and rural areas.

Because of the high risk of injury or death, the Washington Administrative Code provides for certain design and construction requirements for on-site sewage system tanks to prevent fall accidents as well as problems with methane gas. Unfortunately, safety precautions are not always followed by installers or manufacturers or the septic tanks and their covers are not properly maintained or secured.

Property owners as well as installers and maintenance personnel must maintain septic tank safety. Because septic tanks are a well-known hazard, homeowners or renters must check to make sure that a septic tank does not pose a hazard to anyone who inadvertently steps on a septic tank cover and that no tank is uncovered so that a person can fall into it.

Just last year, we read this article about a 4-year-old child who inadvertently stepped on a septic tank lid, popping the lid up and she fell in. The lid then popped back into place. Fortunately, her family was nearby and was able to rescue her. Read more here.

Unfortunately, these preventable tragedies do occur because of many older tanks are not maintained or decommissioned.

Washington Premise Liability Attorney

If your loved one or child has been injured or killed after a similar tragedy you are advised to contact Herbert Farber, an experienced premise liability lawyer at 1-800-244-9087. Mr. Farber has more than 30 years experience representing families with their wrongful death cases. Call today for a free and confidential consultation.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Three members of the same Seattle family were taken to University of Washington Hospital after they experienced symptoms of Carbon Monoxide poisoning at their Seattle home. Seattle firefighters said that all three were in stable condition and that the source of the CO was a faulty furnace in the basement.

carbon monoxide poisoning lawyer washingtonCO poisoning can be deadly. Symptoms can include headache, dizziness, nausea, weakness, shortness of breath, confusion, loss of consciousness, and blurred vision. If a person is sleeping or intoxicated, they can succumb to the deadly fumes without realizing they are in danger. CO poisoning can result in non-reversible brain damage, heart damage and death.

We often see CO poisoning in the winter, especially when there is a power outage and people are attempting to stay warm by bringing an unapproved device like a barbecue or unvented space heater inside. In 2012, two Kent families — in two separate incidences — were sickened when they used charcoal barbecues in their homes for heat.

Any appliance which is fueled by either gas or wood can produce CO poisoning if they are not properly vented, maintained correctly and vented properly. These include charcoal grills, cooking stoves, water heaters, fireplaces, portable generators, furnaces and car or truck engines.

Children, elderly adults and unborn babies are more readily sickened or killed by CO poisoning.

How to Protect Your Family from Carbon Monoxide Poisoning
Winter is now here and we usually have power outages at some point in the greater Seattle area. It’s important that you protect your family from becoming ill or having a tragedy of death. Here’s some tips to protect your family:

  • Purchase and install a Carbon Monoxide Detector.
  • Use gas appliances for their intended purposes. For example, never use an oven to heat a kitchen.
  • Never bring a charcoal-burning grill or fireplace indoors.
  • Have your furnace inspected by the gas company or a certified technician. Perform maintenance on your furnace including changing the filters at the prescribed intervals.
  • Clean your chimneys and flues annually and only burn firewood and never pressboard.
  • Open your chimney damper when using your fireplace.
  • Make sure any space heaters are UL approved.
  • Kerosene heaters should have proper ventilation and you should always refuel when they are cool and outdoors.
  • Never leave a car running in a garage.

Carbon Monoxide Poisoning Serious Injuries and Wrongful Death Attorney

The Farber Law Group represents client who have become seriously ill or had a family member die due to carbon monoxide poisoning including the following:

  • Improperly installed or defective furnace
  • Defective gas appliances
  • Defective propane heaters
  • Gas leaks caused by construction
  • Landlords failing to maintain heaters.

Contact Washington Carbon Monoxide Attorneys

If a family member has serious illness including heart damage, brain damage or an extensive hospital stay or if a family member has died as a result of carbon monoxide poisoning as a result of neglience of another, The Farber Law Group is here to provide you a case evaluation. Protect your rights and don’t ignore the negligence of a building owner, plumber or manufacture.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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hard_hat.jpgA taped measure dropped by a construction worker who was working 50 stories up in a high rise has resulted in the death of a man who was delivering sheet rock to the construction site.

The New York Post reports that Gary Anderson, 58, was killed by the 1-pound dropped tape measure. Anderson’s hard hat was in his pickup truck.

This tragic construction accident highlights the importance of head protection when working or visiting construction sites.

Hard hats protect against injury on construction sites

Hard hats have been widely used at construction and industrial work places since 1938. The hats or helmets protect the head from injury from falling objects, debris, impact with other objects, and electric shock. Hard hats have proven to prevent or lessen head injuries from falling objects, falls and bumps against a protruding object.

Hard hats are designed to have 1.2 inch suspension between the helmet’s shell and the worker’s head so that, when struck, the blow to the head is deflected. The suspension acts as a shock absorber.

Hard hats provide important head protection and, besides protecting the skull, it protects the eyes, nose, ears, and mouth.

According to the Bureau of Labor Statistics (BLS) the majority of fatal impact injuries on construction sites occurred to workers who were not wearing a helmet. Helmets are important safety devices for everyone who enters a construction site.

Employers are responsbile for ensuring every person on a construction site wear a safety helmet whenever there is a risk of a head injury and it is required whenever there is demolition work.

Types of hard hats

There are different types of hard hats. Class A helmets protect against impact, penetration and low-voltage electrical current. Class B helmets protect against high-volt electrical conductors. Class C helmets protect against impact and penetration only.

The life span of hard hat is typically five years depending on the wear and tear on the helmet. However, it is recommended that the suspension system be replaced every year.

Washington attorney represent construction accident victims

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction accidents and the family of those killed.
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A man who was severely beaten by an intoxicated patron of a Portland bar has filed a civil lawsuit against the bar asking for nearly three quarters of a million dollars in damages. (Read “Beating victim sues N. Portland bar, claiming it failed to protect him from drunken customer

The plaintiff, Nathan Anderson, claims that the Wishing Well Restaurant and Lounge in Portland over-served an already intoxicated Michael Sloan, and in doing so, fostered an “unsafe atmosphere.” The suit says the Wishing Well also failed to kick Sloan out of the bar when he became argumentative and failed to intervene when he began beating Anderson. The bar had an unsafe environment with only one employee both serving drinks and providing security.

While the specific law cited in this case is Oregon statute 471.565 which holds that a restaurant or bar can be held liable for providing or serving alcohol to obviously intoxicated persons.

This law falls under the general category of “dram shop liability.” In Washington state RCW 66.44.200 provides that it is illegal to sell or give away alcoholic beverages to a person under the age of 21 years or a person who is visibly intoxicated.

The goal of dram laws is to keep inebriated and young people from consuming too much alcohol and suffering a serious injury or killing someone else due to over-intoxication. In many cases, dram shop laws are cited when a person is over-severed and then gets behind the wheel of a car and is involved in a drunk driving auto accident in which they kill or seriously injure another person.

The RCW law in Washington requires that establishments with a liquor license must post a notice which informs patrons that they are prohibited from serving alcohol to patrons who are intoxicated. Over-serving can create a case where the establishment and/or bartender are legally financially liable.

Restaurants and bars are required to train their employees to recognize the signs of inebriation including:

  • slurred or slowed speech
  • loss of motor skills
  • bloodshot eyes
  • belligerent, loud or obnoxious behavior
  • excessive emotional behavior including aggressiveness
  • falling down.

Injured Persons Have Legal Rights Under Dram Laws

People who are injured in DUI car accidents or people, such as in this case, who are attacked by a drunk, can file a civil suit asking that the establishment that over-served alcohol be held legally responsible for damages for injuries and fatalities caused by the over-served person.

Most people who seek damages under dram shop laws seek the assistance of an experienced personal injury attorney because of the amount of investigation and evidence that is required to prevail in the case.

The Farber Law Group
has more than 30 years experience representing the victims of drunk drivers and their families and some of these cases have involved dram shop liability. Contact us using our online form or call us toll free at 1-800-244-9087. We will provide you with a free and confidential case evaluation.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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wet_floor2a.jpgWe have seen time and time again cases where a person goes shopping, visits a local business or visits a friend in an apartment complex and suffers a life-changing injury due to a slip and fall accident. When a slip and fall accident is caused by the property owner or management companies negligence, they can be held legally responsible for damages suffered by the injured person.

Proving a that a property owner or manager’s negligence caused the slip and fall accident is not always easy. However, a personal injury attorney can help with a claim when a property owner was negligent and the victim’s injuries are so severe that they required a hospital stay, physical therapy or are left permanent injury or disability.

In proving negligence, the plaintiff must:

  • Prove that the property owners failed to maintain the property in a safe manner
  • Prove the property owners created unsafe conditions which resulted in the injury
  • Prove the property owners were aware of hazards or unsafe conditions on their property but did not remedy the situation or warn others.

It is important to provide information on whether the hazardous conditions which resulted in the injury were permanent or temporary and, if they were temporary, how long the conditions existed.

Types of Slip and Fall Cases

Slip and fall cases can result from a variety of causes including:

  • Wet or slippery floors — When a floor is freshly mopped or when they are slippery due to waxing, polishing or spills, signs should be placed which warns pedestrians of floor conditions.
  • Clutter, machinery and tools — Store aisles and walkways around buildings and on grounds should be clear of hoses, trash, equipment, machinery, trash and other clutter which can cause a person to fall.
  • Ditches, holes and trenches — Should be fenced and sings warning of the hazard should be placed around the hazard.
  • Loose carpet, loose tiles and uneven floors.
  • Snow and ice.
  • Uneven concrete in parking lots and sidewalks.
  • Falling objects from retail displays.
  • Escalator malfunctions.
  • Falls caused by poor lighting.

      Bellevue Slip and Fall Accident Lawyer Helps Slip and Fall Victims

      If you or a loved one has been seriously injured in a slip and fall accident you may wish to consult with a personal injury attorney who can help determine whether premises liability applies to your accident and whether you have a legal claim.

      The Farber Law Group is a personal injury firm that has handled many premises liability cases and we can evaluate the possibility of a claim after your slip and fall accident. A personal injury lawsuit may help you recover compensation to pay for your medical costs, loss of wages and for your pain and suffering.

      To schedule a free consultation, call us at 1-800-244-9087.

      Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Yesterday was the year anniversary of the death of Maurecio Bell, who died in an escalator accident after he fell and his clothing got tangled on the University Street Station escalator in Seattle.escalator

Since then, The Washington state Department of Labor and Industries estimates that more than 60 people have suffered injuries related to riding on an escalator in Washington.

Escalators seem such a ubiquitous part of American life whether one is shopping at Bellevue Square or catching a flight at SeaTac airport. It’s hard to imagine that can pose a hazard, especially to small children.

carbon monoxide death lawyerWe just read a tragic story by KOMO News about twin brothers in their 80’s who died of carbon monoxide poisoning while working on an antique car in the garage at one of their homes.

The death of William Schofield and Walter Schoenfield comes but days after a
Carbon monoxide leak at a Long Island mall killed a restaurant managers and seriously injured a restaurant employee. In all 26 people had to be treated from exposure to carbon monoxide.

Carbon monoxide is a silent killer and is the leading cause poisoning death. According to the Centers for Disease Control and Prevention, approximately 400 Americans die from accidental carbon monoide poisoning every year.

Carbon monoxide is a odorless and colorless gas which is tasteless and at first exposure is non-irritating. Because of these characteristics carbon monoxide might not be detected until people become ill unless there is a carbon monoxide detector present.

State fire codes do not require carbon monoxide detectors except in places where people sleep.

Symptoms of carbon monoxide poisoning can include:

  • Confusion
  • Headaches
  • Vertigo
  • Flu-like symptoms
  • Shortness of breath
  • Lightheadedness

At higher levels of the gas, carbon monoxide can cause a person to lose consciousness and can prove fatal.

In Washington state, we have seen incidents of carbon monoxide during period during power outages and people try to heat their houses with their oven or bring a barbecue in the house to cook.

Washington Accident Attorney: Tips to Prevent Accidental Carbon Monoxide Poisoning

To prevent accidental death in your own home or business, follow these tips:

  • Make sure furnaces and appliances are installed correctly including proper venting.
  • Make sure chimney flues are not blocked.
  • Use precaution when service fuel-burning appliances.
  • Do not use portable generators or gasoline engine-powered tools in an enclosed space.
  • Do not run a car in a garage, even with the garage door open.
  • Do not burn charcoal inside a home.
  • Do not use gas powered appliances such as an oven to heat your home.
  • Install CO alarms in hallways and in sleeping areas of your home.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have become ill due to carbon monoxide poisoning due to defective products or through the negligence of another. We also assist families with their wrongful death lawsuits as a result of losing a family member due to a negligent or wrongful act.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Linda Astorga has been awarded $75K by a Thurston County jury for injuries she sustained when her neighbor’s dog bit her reports The Olympian.

Astorga filed a dog bite lawsuit seeking $25,000 in economic damages and $50,000 in other damages after her neighbor’s dogs, which were running loose, attacked her and bit her in the calf on the driveway of her Tenino home.

Astorga’s attorney said that she suffered permanent scarring after being bitten and that she is coping with ongoing Post Traumatic Stress Disorder (PTSD) after she was chased and attacked by the neighbor’s dog.

People age 75 and an older are at risk of a traumatic brain injury (TBI) due to a fall. TBIs are caused when there is a blow or jolt to the head. The number one cause of a TBI in the elderly are falls. As people age, they are at a greater risk of falling and the risk is greater with women than for men.

In the elderly, 75% of those who have fallen will fall again within the next six months.

Environmental hazards in the home are a leading cause of falls among the elderly. Throw rugs and poor lighting along with objects of everyday living can provide hazards which can make an elderly person more susceptible to falls.