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“Hot Coffee” spills the beans on frivolous lawsuit charges

Doug Landau — Fri, 07 Aug 2009 11:53:55 GMT

Who has forgotten the 2.9 million dollar case where a woman spilled hot coffee on herself, got 3^rd degree burns on her legs, and sued McDonald’s for serving her coffee at 190 degrees? The facts of the case may be a little foggy, but everyone THINKS they know the facts of this case. The truth is, most people do not.

I recently attended a screening of the movie, "Hot Coffee" in which the family, doctor, lawyer and witnesses are interviewed to bring the truth about what McDonalds did to light, and how the press and insurance companies distorted the truth in order to portray this as a "frivolous lawsuit." The ABRAMS LANDAU, Ltd. personal injury trial team is against frivolous lawsuits. As a Herndon/Reston area trial lawyer I talk people OUT of bringing unnecessary claims.

But soon a unique production crew of editors, photographers and interestingly, a lawyer, will bring the details of the story to the big screen. “Hot Coffee”, presents Stella Liebeck's story in a documentary format. The makers hope that it will receive positive feedback at a future Sundance film festival and will outline the facts of the case that made headlines, and discuss why it has lead to so much discussion regarding law suit abuse and frivolous litigation. The film will expose the details by interviewing doctors, lawyers, jurors, and even Stella’s grandson.

The car was parked. There was no cup holder in the car. And McDonalds KNEW that their coffee was so hot that it would scald and cause permanent injury. McDonalds had almost 200 prior scalding accidents. The plaintiff burned through her flesh in her pelvic area and has permanent scars from the scalding and graft sites.

McDonalds admitted in the 1994 hearing that they were aware that they were serving extremely hot coffee but they tried to excuse their actions. The McDonalds representatives explained that most customers did not immediately drink their coffee, but instead drove away from the drive-thru window, and took the first sip 5-10 minutes later. But some customers want their caffeine fix right away, accounting for the hundreds of claims of burning coffee McDonalds had ignored prior to the famous Liebeck case.

So who was in the wrong? Did the elderly woman spill the coffee and throw an exaggerated fit? Or did McDonalds get what they deserved from an impartial jury when someone finally stepped forward to accuse them of their ignorance? “Hot Coffee” will reveal to audiences the true story that set the country ablaze.

Originally posted at InjuryBoard by Doug Landau

Frivolous Lawsuits: My Dad Is Not The Bad Guy

Danielle Landau — Mon, 22 Jun 2009 13:06:24 GMT

As the daughter of a personal injury attorney, clips and quotes, which point a finger of blame at personal injury attorneys, offend me.

On facesoflawsuitabuse.org, Jerry Lightfoot, who became involved in a lawsuit concerning his workplace, Orange County Building Materials, Inc., said the following.

"These lawyers are not ambulance chasers but they are certainly creating havoc in society today."

Consider a world without personal injury attorneys. There would be dangerous drugs on the market killing people. Unfair laws and legislature would still be in use. And if you were wrongfully injured, put in the hospital, and unable to work and provide for your family, you would simply have to “deal with it”. When I see clips that point the finger of blame at advocates like my father, whom I truly believe fights for justice everyday, I am stunned.

For example: cigarettes are in the process of being marketed under new FDA restrictions and guidelines because personal injury attorneys have exposed through lawsuits, the harm of cigarettes. Smokers should know in this day and age what they are doing to their bodies, because, lawsuits filed by advocates like my dad, brought the dangerous effects of cigarettes to light. Now we know the risks; children are prohibited from purchasing cigarettes, and warning labels exist. Drugs like Thalidomide, were taken off the market because attorneys like Doug Landau represented families living with children who had been born with birth defects because of a bad drug.

And consider this: My father does not get paid if he does not help the person. This is a broad statement, but what I really mean is that my father provides the funds needed to bring a case to trial. If he does not believe that the injured person has been significantly hurt at the cost of another person’s negligence, then he will not proceed with the claim. It would not only be unethical, it would be a bad investment.

When I was younger, my peers and even adults in my life contributed to the negative impression of lawyers that was etched into my mind. But I have learned what my father actually does, and I have met countless people he has helped. My own impressions have changed and matured. Not all lawyers are scary, brutal, money-loving worms. I know this because I have a front seat view watching my father fight for people who have been hurt, in accidents that weren’t their fault. He helps these people get the restitution they need, sometimes when nobody else is willing to do so.

Bicycle lights and reflectors save lives, but when are they required?

Doug Landau — Thu, 09 Jul 2009 13:14:04 GMT

Are bike lights and reflectors required all day?

After representing cyclists in the Loudoun County District Court in Leesburg Tuesday I was asked this question. The short answer is no, you do not need lights on or reflectors from sunrise to sunset. However, I have been stopped by the police for not having reflectors, lights and even mudguards on my old Italian Bianchi racing bike.

Most racing and triathlon bikes do not have lights, reflectors or mudguards in order to save weight, rotating mass and because most competitions are held in the daytime. If you are a bicycle commuter, long distance bike tour participant or training very early or late in the day, you may need to have lights, reflectors and other safety gear.

Here’s the relevant Virginia Code section:

§ 46.2-1015. Lights on bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds.

A. Every bicycle, electric personal assistive mobility device, electric power-assisted bicycle, and moped when in use between sunset and sunrise shall be equipped with a headlight on the front emitting a white light visible in clear weather from a distance of at least 500 feet to the front and a red reflector visible from a distance of at least 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. Such lights and reflector shall be of types approved by the Superintendent.

In addition to the foregoing provisions of this section, a bicycle or its rider may be equipped with lights or reflectors. These lights may be steady burning or blinking.

B. Every bicycle, or its rider, shall be equipped with a taillight on the rear emitting a red light plainly visible in clear weather from a distance of at least 500 feet to the rear when in use between sunset and sunrise and operating on any highway with a speed limit of 35 mph or greater. Any such taillight shall be of a type approved by the Superintendent.

Originally posted at InjuryBoard by Doug Landau

Bicycle Versus Car

Doug Landau — Wed, 24 Jun 2009 10:00:00 GMT

As I have just concluded another bicycle crash case, I believe it is important to look at cases involving cyclists. Motorists have a legal duty to drive at a reasonable speed and to keep a lookout for other vehicles. They must also take care to pass bicycles at a safe distance and speed. The Virginia Code provides that: “any driver of any vehicle overtaking a bicycle . . . proceeding in the same direction shall pass at a reasonable speed at least two feet to the left of the overtaken bicycle . . . and shall not again proceed to the right side of the highway until safely clear of such overtaken bicycle.”

When a cyclist is cut off or driven off the road, problems of proof can prevent an injured plaintiff from legitimate recovery for his/her loss. Objective proof, eyewitness testimony and/or physical evidence can help in a bicycle negligence case where the 2-foot zone and/or contact is disputed.

In one case I handled, the defendant motorist denied contact with the injured cyclist, who was traveling in the second position in a line of three cyclists on a two-lane road.

(Fleeter v. Cawthorn, Loudoun County Circuit Court.) Fortunately for the biker with the broken ankle, the third/trailing rider had saved the rear view window from the Defendant’s car. The last rider of the trio had been struck just moments prior to the tortuous impact: the driver did not pass with the 2-foot safe distance minimum.

The case settled after that evidence came to light and several “scene depositions” showed the topography of the roadway, which was an important element of the case. As in most “car versus cyclist” cases, visibility and lines of sight are important issues. In a case where a Virginia Community College physical education professor was injured on a “Maine to Miami” charity bicycle tour, the fact that the motorist had a clear line of vision and decided to try to “beat” the cyclist to the one lane bridge, were critical to the ultimate, and favorable disposition of the case. During the cycling portion of a well-known triathlon, a competitor was struck by a car within sight of the finish line. In Colosi v. Willis, Cambridge, MD, the motorist chose not to continue waiting despite signage and race volunteers. The resulting personal injury claim was not against the race directors or event promoters, but solely against the driver. Fortunately, as the plaintiff was in top physical shape, he, like many of our other athlete-clients, made an almost full physical recovery. Critical to the success of both cases were personal inspection, familiarization, photographing and measurement of the scene as well as preservation of the physical evidence. It is also important to have documentary proof of the worth of the bicycle, as top-end models can cost more than the cars that strike them! See also, e.g,

Kastberg v. Milagros, United States Federal District Court for the Eastern District of Virginia, Alexandria Division (Judge Brinkema), wherein we and D.C. co-counsel recovered the full $300,000 policy limits for a cyclist struck while training with his teammates in Reston.

Originally posted at InjuryBoard by Doug Landau

Multiple Sclerosis Charity / Potomac Peddler Bike Ride Case: Newspaper Interviews Virginia Bicycle Crash Legal Expert

Doug Landau — Thu, 16 Jul 2009 15:22:40 GMT

Herndon Attorney Defends ‘MS-8’ Landau wins case for bikers ticketed during multiple sclerosis fundraiser.

By Mike DiCicco, The Connection

Attorney Doug Landau of Herndon-based Abrams Landau succeeded in defending two bicyclists whose cases he had taken for free at a July 7 court hearing.

The defendants were two of eight cyclists ticketed for failing to stop at stop signs during a bike ride to raise money for multiple sclerosis on Sunday, June 7 in Lovettsville.

"It struck me as unjust," Landau said, noting that the people who were ticketed were part of the charity fund-raiser or were on a concurrent ride with the Potomac Pedalers Touring Club, a regional bike riders’ group. An avid bike rider, Landau has ridden not only as part of multiple sclerosis fund-raisers but also with the Pedalers. "They’re generally older people who are just out for a sunny Sunday afternoon ride," he said.

Landau said it was not inappropriate for the Loudoun Sheriff’s Office to respond to complaints earlier in the day about cyclists running stoplights and riding three abreast but that the incidents of actual ticketing he knew of from that day seemed excessive. One of his pro-bono "clients," he said, made what is known as a "track stand" stop, coming to a stop but not touching his feet to the ground. The other slowed and checked for traffic before continuing, in what is called an "Idaho stop" for its legality in that state.

FAILURE TO STOP at a stop sign, whether on a bike or in a car, carries a penalty of four points on one’s driver’s license and substantial fines, along with court fees, Landau said, adding, "On the ticket, it doesn’t say that these are for bicycle infractions.

"If I’m blowing through stoplights at 30 miles per hour with those little ear buds in for an iPod, sure. Take me down," Landau said. But he said he felt there were substantial differences between bicycles and cars not recognized by state law.

He didn’t get a call from one of the cyclists until July 3, four days before the court date, but he extended the offer for free litigation to all eight of them. Normally, Landau works on cases of personal injury, workers compensation and federal Social Security disability income. "I don’t go to traffic court unless it’s for one of my kids’ tickets," he said.

After he showed prosecutors his clients’ perfect driving records, aerial photos that illustrated the rural area and the distance that the officer would have been from the bikers, and the Idaho stop law, the two sides agreed on a deal that convicted the two cyclists of lacking reflectors, a much lesser infraction.

FOUR of the others had already pre-paid their fines, while one got his case continued and the other represented himself and lost.

Since the charges were incurred during a multiple sclerosis fund-raiser, Landau has labeled the ticketed bikers the "MS-8." "I’m all for the best and highest use of resources, and I want cops going after MS-13, not the MS-8," he said.

Originally posted at InjuryBoard by Doug Landau

Cyclists in Multiple Sclerosis Charity ride in hot water: Fighting for their rights in court

Doug Landau — Fri, 10 Jul 2009 14:42:08 GMT

The MS-8 case has stirred up talk up and down the east coast, and even made it on last nights 5 ‘o’clock news!

Here is the story:

Abrams Landau, Ltd. was contacted only last week by one of the Defendant bicyclists cited by the Loudoun County Sheriffs for failure to stop. On Friday, July 3^rd I spoke to the first of these bikers. This experienced cyclist advised that the cases were to be heard in Court on Tuesday, July 7th. Agreeing to represent as many bicycle riders who would have me, pro bono (at no charge), I left messages with the other two-wheeled Defendants that I was given contact information for by the Defendant Potomac Peddler ride co-leader. I reviewed the ticket, photographs and other evidence that had been left for me. By this time I had spoken with several other riders who had been charged June 7th, and advised that while my practice is primarily helping injured cyclists, runners and other victims, I would appear on their behalf and help them in the Leesburg Court the next morning.

On Tuesday morning, I met with the bikers, Commonwealths Attorneys, officers and other Loudoun County criminal and traffic defense lawyers. By the time our cases were called, the count was “2 Strikes and 2 Outs.” The court already had prepayment by a cyclist who plead guilty. Strike one. One of the bikers I had called chose to “go it alone.” He valiantly argued his case, and was found guilty, given a fine and court costs of several hundred dollars and FOUR POINTS on his DMV record. He may also face repercussions, depending upon his point balance, when it comes to getting car insurance and umbrella coverage. Strike two. The officer was not at all happy to see me there as counsel for the Defendants. After several hours, a substitute judge came on the bench and I indicated to the prosecutor that we were ready to try the remaining cases. No cyclist had avoided conviction and there had been no stop sign or signal acquittals for motorists either that morning.

I had discussions with three different Assistant Commonwealth Attorneys, debated the merits of our cases, demonstrated our photographic and documentary evidence, my clients “+5″ DMV records and even the use of a “track stand” and Idaho (rolling) stop.

The prosecutor offered to dismiss the failure to stop violation if we would agree to a non-moving equipment charge. There would be no points, major fine or court costs and no appeal. I discussed this with my clients, staff and family members present, and it was decided to accept. This action would not prejudice the other cyclists I spoke with over the holiday weekend who requested continuances or sought to fight the charges another day. Little did I think that our actions in court would stir up so many additional questions, much less a spot on the news.

Originally posted at InjuryBoard by Doug Landau

Police Assisted Suicide: Insurance Comapany to blame

Doug Landau — Mon, 06 Jul 2009 17:02:00 GMT

Doug Elliott was hurt on the job. He sustained a burst fracture to his spine while working construction. Doug was an amazing man with a wife and 2 kids who he loved dearly. He was in great physical condition before this accident and enjoyed physical work and recreation. Mr. Elliott did all he
could to get better. He underwent spinal surgeries, and countless hours of physical therapy. He and his wife came to Abrams Landau for representation against the insurance company in his
workers’ compensation claim. The employers insurance company’s representatives did all they
could to minimize and delay Mr. Elliott’s medical care. His pain treatment and rehabilitation were manipulated by “nurse case managers”. Doug wanted desperately to be nondependent on pain
medications; his inabilities to support and engage with his family led to depression and withdrawal.

After years of battling the pain and inability to support his family Mr. Elliott walked into the office of his psychiatrist and stabbed himself with an ice pick. He simply couldn’t cope any longer. He had asked the insurer for treatments involving more strength training and less prescriptive treatment. He had never abused prescriptive care. He simply couldn’t tolerate feeling disoriented and removed from his family and the world around him. Doug Elliott was a smart guy. He knew that the doctor would call for help. When the police arrived on the scene he rushed toward them with the ice pick, knowing that they would be forced to shoot. Doug died of what is termed “police assisted suicide”. His wife called us the day of his death to let us know about it. EVERYONE in our office shed tears for Doug Elliott, his wife Kim and his children Ryan and Danielle. Abrams Landau settled with the insurance company on behalf of the Elliott family after we won the case in court. The insurer’s “nurse case manager” has left that field of work. Doug’s wife and kids are healing slowly, They miss their husband and father. They speak out for suicide prevention. We speak out against insurers who delay, deny and degrade injury claims and injured people.

Read our most recent note from Doug Elliott’s wife Kim:

“Please keep up the great work and Keep fighting for victims like
my husband, we are the only voice they have. I am so proud to
say that you were not only a great attorney but excellent friends.
You have stood by my family side after the whole loss and I
appreciate that. Thanks. Keep in touch. Keep fighting for the
many people that deserve LIFE and JUSTICE. Remember if you
ever need me for anything call I will be there.”

The insurance company accused Mr. Elliott of abuse of pain meds, but after his death they found multiple bottles unused. Mr. Elliot wanted to free himself of dependance, and the insurance company refused to help. Insurers place blame on injured people in order to avoid paying for treatments that will help patients to heal.

Originally posted at InjuryBoard by Doug Landau

Deadly "trailer sway" - the hidden dangers of RVs

Doug Landau — Sat, 28 Nov 2009 22:55:00 GMT

Trailer sway can be deadly. This phenomenon occurs when a "Recreational Vehicle" ("RV") is met by a crosswind, passing truck or other sideways wind source. Having driven an RV, Broadlands and Broad Run injury lawyer Doug Landau has experienced firsthand how difficult these large vehicle are to handle on the open road under windy conditions. "Even though I could see far down the road, it took intense attention and anticipation to safely drive the RV to Harpers Ferry, West Virginia with my kids in the back" the experienced traveler and trial lawyer noted.

Virginia RV crash injury lawyer Doug Landau notes that educating RV drivers about "trailer sway" can help prevent accidents and death on the roadways. Trailer sway is very difficult to bring under control, even if you do everything right. Taking the wrong action can quickly turn trailer sway into a deadly crash. One of the problems RV drivers encounter is that they are not advised about the hazards of trailer sway. RV salesmen do not give the innocent purchasers information on how they should react in the event of trailer sway. Yet an RV is often as big as a large truck and can cause devastation if not handled properly.

If you or someone you know has been injured by an out of control RV or motor home that had "trailer sway," please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

The Social Security Denial Saga

Melissa Landau — Wed, 12 Aug 2009 14:36:43 GMT

The San Francisco Chronicle published a story today covering a $500 million settlement between the Federal government and 80,000 Social Security recipients. Based on a law which denies benefits to anyone fleeing felony prosecution, the Social Security Administration withheld money from anyone named in a state or federal arrest warrant. Because of this policy, these people, unaware of these warrants and many never charged with a crime, were denied benefits.

The policy has been declared illegal by several courts.

Because the Social Security Administration denies most claims at the first level, appeal is often required in order to collect Disability benefits. Though the success rate is small when unrepresented, Doug Landau's success rate on these appeals is 99%. Because clients do not pay legal fees to our office unless Mr. Landau succeeds and they are awarded benefits, there is simply no reason for disabled individuals to go the process alone.

In addition to the San Francisco News piece, I recommend the videos I linked to in a post on June 19th which consider the government's time lag in processing these claims as well as evidence that denials are tossed out with the expectation that claimants will simply give up on the process entirely. Claimants shouldn't give up, they should seek legal help.

Originally posted at InjuryBoard by Melissa Landau

Bike Crash kills Cyling Safety Advocate and Leader Bruce Rosar

Melissa Landau — Mon, 13 Jul 2009 20:27:18 GMT

The North Carolina cycling community is mourning a great loss. Bruce Rosar was killed while riding his bicycle when he was struck by a motorist in Apex North Carolina on Saturday.

Mr. Rosar taught "Smart Cycling" course in North Carolina, Pennsylvania and Tennesse. the program, of the League of American bicyclists is a nationally recognized safety program with certified instructors. Mr Rosar was struck by a Honda and police investigation is ongoing.

Mr. Rosar was a proponent of both recreational cycling and cycling for transportation. His constant campaign and concern for bike safety made him famous in the cycling community. Friends of Mr. Rosar are encouraging donations in his memory to ncactive.org.

Last week this office represented cyclists in Loudoun County who had been ticketed for not coming to "complete ctops" at an intersection during a charity bike ride. Since we got those charges dismissed at the Leesburg Virginia Court house, we have been overwhelmed by the activity level and interest of the internet cycling community. In addition to meeting with cyclists and cycling groups in person throughout the Mid-Atlantic area, we have been posting reponses to questions about Virginia Bike laws here on InjuryBoard, TheAthleteslawyer.com as well as on LandauInjuryLaw.com. Much time has been spent discussing safety laws, especially Idaho's "rolling Stop" Bike law. Idaho has exceptional bike safety record.

Abrams Landau has helped cyclists struck by cars, trucks and dogs in North Carolina, Virginia, Maryland and elsewhere. It is important that the police are investigating. Taking pictures, making measurements and interviewing witnesses while memories of the accident are fresh is often critical to these situations. As cyclists ourselves and an attorney legal professionals who have seen too many tragic bike vs. car scenerios, our hearts go out to Mr. Rosars family and friends. As the story unfolds, we encourage cyclists and friends of Mr. Rosar to attend the court hearing if a ticket is given to the motorist. A court reporter should also be present to make a record of the proceedings. There are instances where the driver is charged by the Police, but because no one shows up at Traffic Court, the case is dismissed for "lack of prosecution" or witnesses.

Originally posted at InjuryBoard by Melissa Landau