Fairfax & Loudoun Personal Injury Lawyer - Miscellaneous - Most Commented

“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

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

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

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

Loudoun bikers stop sign charges dismissed; Landau successfully represents “MS-8" Lovettsville cyclists in Leesburg Traffic Court

Danielle Landau — Wed, 08 Jul 2009 14:22:00 GMT

Yesterday morning Doug Landau represented 2 of the bikers who were ticketed for rolling through a stop sign in Loudoun County. But the details of their ride are turning heads all over Virginia, as reported in prior posts.

On Sunday June 11th, a total of eight cyclists were stopped for this offense (Virginia Code 46.2-821) during the MS ride, by a police officer whose car was parked a full 300 feet away, with orange cones near the 7-11 “rest stop.” As the cyclists approached the stop signs, located on an open, rural road, they slowed down, looked both ways, saw no traffic and continued on their route around the “squircle” (a squared off traffic circle with 4 stop signs and a sidewalk running through the center). Rather than follow some of the cyclists through the middle of the square, these experienced bicycle riders thought going around the “squircle” would be safer. The police officer, who the cyclists thought was waving on participants in the Multiple Sclerosis charity ride, then proceeded to ticket them for not coming to a complete stop. No warning. Just a citation for a moving violation, with 4 points and a large fine as well!

Landau represented two of the cyclists yesterday in the Loudon County Court, both of whom plead “not guilty” to the charges. But before the judge called the case up for trial after all the other cases had been heard, Landau showed the photographic and documentary evidence that had been prepared and had reached an agreement with the prosecutor. Both of his clients pleaded guilty to having insufficient reflectors/lights on their bicycles, which resulted in a much smaller fine, court costs and no points for a moving violation.

Mr. Landau offered to represent these bicycle riders “pro bono,” (at no charge to them) in their cases. The “TriathlonTrialLawyer” as he is also known, felt strongly that the bikers should not have been ticketed for making a rolling stop that day in the Lovettsville and Purcellville.

Interestingly, one of the eight ticketed cyclists was present in court but chose to represent himself. He plead guilty to the original charge, was fined several hundred dollars in addition to court fees, and got 4-points on his record for disregarding a stop sign, with no mention on his DMV record that he was on a bicycle and not in his car!

But none-of this would have happened if the Commonwealth of Virginia had adopted the “Idaho Stop Law”, which permits cyclists to roll up to a stop sign, yield the right of way, and then proceed without stopping. Virginia should adopts laws like this, which make the roadways safer for cyclists and motorists, while at the same time freeing up the traffic courts.

The “MS-8″ were not riding dangerously or causing accidents or injuries. Bicyclists all over Virginia should be aware that law enforcement authorities can (and do) strictly enforce the stop sign law. Even a “track stand” stop may be insufficient for some officers, such that a cyclist who is able to balance, with no forward motion, but whose foot does not leave the pedal or touch the ground, might be given a ticket by zealous sheriffs and prosecuted by Commonwealth Attorneys under the strict letter of the existing laws.

Originally posted at InjuryBoard by Danielle Landau

The Cost of Health care-Blame Insurance Companies

Melissa Landau — Sat, 27 Jun 2009 14:42:00 GMT

My 21 year old son recently had a sinus surgery, in order to alleviate allergy symptoms and drainage issues that have plagued him since he was a small boy. The surgeon did a great job and the surgery was a great success. Zach is breathing better and hasn't had a sinus infection since the procedure. He's more comfortable all the time. He really breathes better now.

When the bill arrived for the surgical center, I was absolutely shocked.

The "rack rate" for the procedure (for which he checked in at 8 and was released from recovery at noon) was over $21,000. Followed by that number was "insurance write off" of over $21,000. the insurance company paid around $5.000 to the surgical center and we were billed just over $1,000 in co-pay.

The problem with the cost of medical care in this country is not the lawsuits brought by trial attorneys, it's the billing and payment system created by the American Insurance industry and the dilemma faced by doctors and providers who are forced to strategize their invoicing in order to recover their costs of providing the services we all need.

Our family paid $1,000 for Zach's procedure. (Of course we also pay the insurance company around $1,000 a month in premiums) But what about the family without insurance, the guy who is unemployed and has lost coverage? In our office we see people who have medical bills from accidents that ruin their credit. These bills can render the uninsured homeless and indigent.

Tort reform? Let's start with health care reform.

Originally posted at InjuryBoard by Melissa Landau

Frivolous Lawsuits: The Bad Guys

Danielle Landau — Tue, 23 Jun 2009 13:14:15 GMT

My father’s not the bad guy! … Who is?

I recently posted a blog, Frivolous Lawsuits: My Dad Is Not The Bad Guy, which emphasized his fight for justice in a time when personal injury attorneys are being blasted by business interest groups as money hungry pests who file outrageous claims.

My father, has, for many years, represented people from all walks of life injured on the job or through the negligence of another person.

People who call Abrams Landau Ltd with injuries often ask why they need an attorney like Doug to help them. We try to explain that the insurance companies responsible for paying these claims have attorneys and adjusters who are trained to delay and decrease the compensation they pay people who have been hurt.

The insurance companies have done a great job of convincing America that Personal Injury attorneys and personal injury claims are the “problem”. The real “problem” is that these companies sell employers and individuals policies and then refuse and delay the claims and compensation they promise in their policies.

That is why Attorneys like Doug Landau are more important than ever in their role of representing people who have been hurt.

The insurance companies are paying for tough legal battles. If you or someone you know has been hurt, then a representative like my dad is a necessity. My dad fights for the injured as hard as those insurers fight to delay and avoid fair payment.

Here are some examples of Insurance companies and the ploys they use to avoid making payments to injured people.

1. Allstate is number one at succeeding in its attempts to “lowball claims” and fighting and denying claims at any cost.

2. UNUM: Specializing in disability claims, UNUM denied the claim of a woman with multiple sclerosis for three years, stating her conditions were “self-reported,” contrary to doctors’ evaluations. In 2005, UNUM agreed to a settlement with insurance commissioners from 48 states over their practices.

3. AIG, described by commentators as “the new Enron,” has engaged in massive corporate fraud and claims abuses. In 2006, the company paid $1.6 billion to settle a host of fraud and abuse charges.

Doug Landau and attorneys like him are fighting to bring justice and comfort to citizens who are damaged, by these insurance companies.

Read more about my father's fight for justice.

I’ll be posting more about this topic, including more insurance company information that will help you to see the bigger picture. Please stay posted.

Originally posted at InjuryBoard by Danielle Landau

Social Security Disability lag- how to get the benefits you deserve

Melissa Landau — Fri, 19 Jun 2009 13:23:54 GMT

The lag in processing of Social Security Disability claims is an issue we at Abrams Landau have been dealing with for years. In 2007 Mr. Landau posted a blog with statistics on such claims. At the time average processing by the federal government for these claims was 508 days.

More than 2/3rd of claimants are denied benefits at the first administrative level. A CBS News investigation video published in January of 2008 accentuates the problems with the Federal claims system. As the CBS report states, denials are tossed at people left and right with the assumption that claimants will give up and go away. As many as 16,000 people die a year waiting on decisions or appeals. My message to you is DON'T give up. With support and documentation this office has been over 95% successful in the appeals process. Legal representation is key in these claims in order to deal with the paperwork and deadlines the system throws at the claimant, but the benefits you are entitled to CAN BE collected.

Questions about your Social Security Disability Denial and a possible appeal should be directed to Dianna Meredith in our office or to Mr. Landau. If you've made the required payments into the system and been fully disabled from work for a full year then your application should eventually succeed.

Originally posted at InjuryBoard by Melissa Landau

Bikers ticketed by Loudoun County - Bicycle injuries 14.5% lower a year after the “Idaho Stop Law”

Doug Landau — Sun, 05 Jul 2009 16:02:00 GMT

The law in Idaho permits cyclists to roll up to a stop sign, yield the right of way, and then proceed without stopping. This is what the “MS-8″ Multiple Sclerosis charity ride participants did and what most bike commuters and weekend riders that I have observed do in Leesburg, Loudoun and Fairfax Counties. The “Idaho Stop” law makes sense and should be adopted by other states, including the Commonwealth of Virginia. The “Idaho Stop” law does NOT allow a cyclist to “Blow through” or “Race through” a stop sign.

Had the “Idaho Stop” law been in effect during the Multiple Sclerosis charity ride or when the Potomac Peddlers bike group was stopped by the Loudoun County Police, then none of the “MS-8″ would have to appear in the Loudoun District Court tomorrow in Leesburg to contest the charges.

Furthermore, Laws that make the roadways safer for cyclists and motorists, while at the same time freeing up the traffic courts, police and judges to concentrate their precious time, energy and resources on dangerous criminals and drunk drivers should be adopted.

It’s the “All American” thing to do. As one who has represented injured cyclists and motorists throughout Loudoun, Fairfax and Leesburg, the Idaho Stop law makes sense and apparently saves lives as well.

According to research from the University of California’s School of Public Health, the law has made roadways safer, while getting more people to commute by bike. Carl Bianchi, a retired administrative director of Idaho’s state courts who is widely considered the father of the Idaho Stop, said it was traffic judges — not cyclists — who pushed for the idea in 1982, according to an April article in The Oregonian. “Police were ticketing bike riders for failing to come to a complete, foot-down stop. Judges, however, saw “technical violations” clogging up their courts. “We recognized that the realities of bicycling were a lot different than driving a car,” Bianchi said. But the year after the Idaho Stop became law, bicycle injuries in the state actually declined by 14.5 percent.

“Meanwhile, in the past 27 years, Idaho motorists and police have grown to accept the legislation as sensible public policy”, said Jason Meggs, a UC-Berkeley researcher who spent last summer crunching years of traffic data, conducting interviews and observing cyclist behavior in the state. Boise, home to Idaho’s biggest bike population, “has actually become safer for bicyclists than other cities which don’t have the law,” Meggs said.

Originally posted at InjuryBoard by Doug Landau