Articles Posted in Wrongful Death

Vanessa and Josh Ellis, of Bonney Lake, and their 8-month old baby son were killed Monday night when a slab of concrete fell from a Highway 410 overpass and struck their motor vehicle crushing it.

Construction workers were working to install a sidewalk when the accident occurred.

The Ellis’ were traveling on Angeline Street under the 410 in their Toyota pickup truck.

This tragic accident stunned the neighbors and friends of the young couple who said that anyone of them could have been killed as this was a road that they all traveled.

An investigation into the accident is ongoing. One question that must be answered is why there were not flaggers or traffic diversion measures taken during the work on the overpass.

In all likelihood, there may be a case of negligence in the death of this young couple and their baby. The family of the deceased may be able to file a wrongful death claim on the couple’s behalf. The law requires that a contractor exercise what is known as “reasonable care” to foresee that people might be injured during the work. In addition, the entities that hired the contractor may also be held responsible for the negligence of the contractor.

Road construction contractors have a legal duty to safeguard the public and make driving safe while construction is ongoing. Failure to do so may be a breach of contract. In this case, it seems apparent that the contractors failed to warn motorists of hazards.

In bringing a wrongful death claim, there is a statute of limitation in Washington and an attorney should be consulted so that a right to claim is protected.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 40 years experience representing families with their wrongful death claims. Call today for a free and confidential consultation.

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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 40 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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A Marysville couple was killed and a Lake Stevens couple was seriously injured, one critically, when their two vehicles collided head-on on state Route 9 at 84th street near Marysville around noon on Friday.

Killed in the accident was Adam D. Huzar, 42, and Agnieszka Huzar, 38. Inured in the accident was Calvin Marlor, 62, and his wife, Billie, who was listed in critical condition at Providence Hospital.

According to the accident report, Calvin Marlor driving a Ford Explorer northbound, crossed the centerline and struck a Saturn SL2 driven by Adam Huzar head-on.

Preliminary information finds that there was no signs of impairment in Marlor and an investigation is underway to determine why he apparently swerved into oncoming traffic.

Head-On Auto Accidents are Often Devastating
Head-On collisions often have devastating results. The force of two vehicles traveling in opposite directions striking each other often results in catastrophic injuries or death to the car occupants.

Head-On Collisions Often Caused by Driver Negligence

There can be many reasons for head-on collisions. Sometimes, these types of accidents are caused when a driver falls asleep, is distracted or over-reacts when their vehicle drifts out of lane. Other times, highway conditions including snow or ice can contribute to a head-on collision.

Head-on Collisions Account for 10% of Car Accident Fatalities

Head-on collisions account for only about 2% of all car accident but account for about 10% of all car accident fatalities. Often times survivors suffer serious injuries including fractures, lacerations, and traumatic brain injury which can result in hospitalization in a trauma unit and lengthy rehabilitation.

Washington Personal Injury Attorney Represents Car Accident Victims

Washington car accident law begins with the idea that all drivers must drive with due care and do what they can to avoid an accident. It is every driver’s responsibility to not drive if they are too tired and every driver is required to drive with diligence and drive at safe speeds for road conditions.

The Farber Law Group, personal injury law firm, has represented victims of head-on collisions throughout Washington. If you or someone you know would like our assistance, please contact us online. Or call us toll free at 1-800-244-9087.
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The Office of the Washington State Fire Marshal released a bulletin reminding Washington residents to take steps to avoid home electrical fires. According to the bulletin, there are 280 fire fatalities every year due to residential fires. An estimated 26,000 fires annually results in more than $1 billion in property loss.

Faulty wiring and broken electrical appliances can result in electrical shock injury or residential fires which can both result in death.

The Fire Marshall provides the following safety tips to avoid an electrical fire or shock:

  • Replace worn or damaged appliance cords. Many fires start at appliance cords, receptacles and switches. If a frayed cord is near a curtain, rug or other combustible surface, a fire can start.
  • Only purchase appliances that have been approved by a UL testing lab.
  • Plug appliances directly into a wall outlet instead of an extension cord. If you use an extension cord, be sure to use those with surge protectors.
  • Unplug appliances when you are not using them.
  • Discontinue using appliances that smoke or shock you when you use them.
  • Use lightbulbs of the wattage recommended for the socket you are placing them into. A lightbulb with too high of a wattage for a lamp or light fixture is a common cause of electrical fires.
  • Hire licensed electricians for home electrical work. Faulty and outdated wiring can cause electrical fires.
  • Avoid the use of extension cords except for occasional use. Appliances should never be plugged in to extension cord.

What UL (Underwriters Laboratories) Listing Means

seattle burn injury attorneyUnderwriters Laboratories (UL) is a safety consulting company which tests and provides safety analysis of Look for UL Listing tags on electrical appliances when you purchase them. UL Listing means that UL has tested a representative number of the products to determine that it meets nationally recognized Standards for Safety. All kinds of household and electrical appliances including household cooking, lamps, batteries and food serving appliances are tested.

Christmas Tree Fires

Christmas tree fires are not common but when they do occur, they are most likely to occur after Christmas than before. That reason is that trees dry out after a few weeks. So, it is important to keep your tree moist and discard it once it dries out.

Keep your family safe and avoid house fires and burn injuries this.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by defective products and those who have suffered burn injuries.

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 40 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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Despite the fact that two pedestrians have been struck and killed by bicyclists in the past month in New York City, a study of three busy intersections found nearly 80% of bicyclists are still running red lights.

According to the New York Post, a bicyclist was seen riding through a red light at the same Central Park intersection where a Connecticut woman was struck and killed just a week ago. See Bicyclist behavior in the news after pedestrian struck and killed.

New York Police have been ticketing bicyclists at the rate of 608 this year but still, bad behavior still remains. Said one cyclist about red lights, “I treat them like they’re stop signs. Why would I just sit there at a red light?”

Bicyclists In Seattle

Bicycle commuting is on the rise in Seattle and Seattle has several initiatives to make streets safer and friendlier to bicyclists and pedestrians. Bicyclists need to be aware of the danger posed to them by street hazards and by automobiles and the hazard they post to pedestrians.

Frequent Causes of Bicycle Accidents

Bicyclists are required to obey the same laws as motorists in Washington state. Accidents tend to happen when either the bicyclist or the driver breaks a fuel. Common causes of bicycle accidents include:

  • Bicyclist riding against traffic, facing traffic rather than in the same direction as traffic.
  • Bicyclist failure to stop at a stop sign or red light.
  • Bicyclist jumping a red light.
  • Bicyclist darting between moving or stopped vehicles or bicyclist darting between pedestrians.
  • Bicyclist riding on sidewalks and striking passengers.
  • Bicyclists speeding in areas where people are walking.
  • Driver turning in front of a bicyclist.
  • Driver running a red light or stop sign.
  • Driver under the influence of alcohol or drugs.

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A construction worker fell several stories to his death while on a ladder at the new Bellevue College Health Sciences Building which is under construction. The construction accident occurred on Monday morning around 10:30 am.

Bellevue police say that the 31-year-old construction worker was on the 4th floor and fell approximately 50 feete.

The Washington State Department of Labor and Industries is investigating the accident. The man who died was working for Evergreen Erectors, Inc. He apparently was wearing a safety harness. Often construction workers wear a lanyard or another device which attaches to a lifeline. These harnesses are usually kept short to minimize a fall distance.

Construction work is a dangerous occupation, especially when working on ladders and scaffolding.

Ladder and Scaffolding Falls

Ladder and scaffolding falls are some of the most serious hazards at construction sites. Injury or death can occur in the case of a defective ladder, windy conditions, slippery surfaces or poor footing. The investigation into the accident should determine the factors which caused the accident .

Bellevue Construction Accident Attorney

Whenever a loved one is killed or seriously injured in a construction accident, the family often wants answers to their questions: What caused the accident? Was someone at fault? Was someone negligent? Had their loved one received proper training? Did equipment fail?

Herbert Farber, a Bellevue construction accident attorney, is experienced with working with investigators to get to the bottom of the cause of the accident and will help a family determine whether they have a valid claim against their employer or a third party. If possible, Mr. Farber will help maximize a financial recovery by pursuing workers’ compensation benefits.

If you or a loved one has been involved in a serious construction accident of if a loved one has died in a fatal construction accident, The Farber Law Group is here to be of assistance to you. We have more than 40 years experience representing accident victims and their families.

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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One woman has been killed and a man and a woman were taken to Harborview Medical Center in serious condition after a Lake Washington boating accident in which a powerboat struck a sailboat around 10:30pm.

In what might be a case of boating under the influence, a 46-year-old Renton man, is being investigated for Boating Under the Influence (BUI) and homicide by watercraft after the fatal boating accident. Seattle police believe alcohol was involved.

The accident occurred off of Leschi.

There were seven people on the sailboat and three of them landed in the water during the accident, according to the Seattle P-I. A young woman in her mid-20’s died at the accident scene; she may have been pinned between the two boats. The other victims, a man in his early 40’s and a woman in her early 30’s, reportedly suffered lacerations and fractures.

Of the four people on the power boat, one was reported to have minor injuries.

Operating a boat after dark and under the influence of alcohol makes for a dangerous situation for all boaters.

Washington State Navigation Rules

The Boat Washington Course provides that when a powerboat meets up with a sailboat head-on, the power boat must give way. In a crossing situation, when a powerboat meets a sailboat, the powerboat must also give way.

This accident reminds one of another fatal boating accident on Lake Washington. In 2008, a 37-year-old Bellevue School District teacher was killed in a boating accident when the sailboat she was riding in was struck by a powerboat that was speeding at the time.

This information was brought to you by Washington Injury Attorney blog, a service of The Farber Law Group. Serving the greater Seattle area, we have more than 40 years experience representing boating accident victims.

If you or a loved one has been seriously injured in a boating accident, contact us for a free case consultation.
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Every year, more than 4,000 pedestrians are killed in motor vehicle accidents in the United States. Older adults — those 65 and older — account for 19% of all pedestrian accident fatalities and another 52,000 older Americans are treated for pedestrian accident injuries including those that were hit by a motor vehicle and those involved in fall-related accidents at curbs.

Elderly pedestrians face a higher risk of death in a pedestrian accident than any other age group. In fact, death rates among the elderly due to a pedestrian accident are twice that of people aged 34 and younger. We often hear about the peril to bicyclists in Seattle, but data suggests that the elderly are more at peril than cyclists.

In some cities, seniors are killed in pedestrian accidents at an alarming rate. To be honest, a lot of cities streets have not been designed with walkers in mind, some streets are very wide and a lot of drivers are so distracted by their cell phones that they are not watching for pedestrians.

The elderly face many issues when they are walking. Often, the signals do not allow enough time for them to cross the street. At some corners, there are missing or broken pedestrian ramps which make it difficult for elderly walkers to use their walkers or canes. Another issue is that painted crosswalk markings are often faded or hard-to-see.

Many pedestrian accidents are caused by motorists who are often distracted by cell phones or failing to abide by traffic laws and they neglect to check sidewalks and crosswalks before turning or crossing in an intersection.

Western Washington’s Most Dangerous Intersections

The following are some of the intersections in Western Washington where the most serious or frequent accidents have occurred.

  • Bellevue – Northeast 8th Street and 148th Avenue Northeast
  • Everett – 128th Street Southwest and 4th Avenue West
  • Federal Way – 320th Street and Pacific Highway South
  • Lacey – College Street Northeast and Martin Way East
  • Lakewood – South Tacoma Way and 96th Street Southwest
  • Lynnwood – 196th Street Southwest and 44th Avenue West
  • Lynnwood – 200th Street and 44th Avenue SW
  • Seattle – Northwest 85th Street and 15th Avenue Northwest
  • Tacoma – 19th Street and Orchard Street
  • Tacoma – 6th and North Stevens Street
  • Vancouver – NE 117th Avenue and NE 76th Street

Injured in a Pedestrian Accident?

If you or a loved one has suffered a serious injury in a pedestrian accident, The Farber Law Group wants to help you claim the financial compensation you deserve. Herbert Farber has more than 40 years experience representing pedestrian accident victims and their families and he is available to meet with you to discuss your personal injury or wrongful death claim.

If the driver who caused your accident was texting behind the wheel or driving drunk, you urge you to take the first step in filing a claim by contact The Farber Law Group for a free 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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