Fairfax & Loudoun Personal Injury Lawyer - Miscellaneous - Most Popular

“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

Centros Legales de Habla Hispana

Beatriz Vargas — Mon, 09 Feb 2009 11:45:02 GMT

Douglas K.W. Landau, Melissa Landau y Beatriz Vargas de Abrams Landau Ltd. en el restaurante de Machu Picchu en Falls Church VA con los abogados Claudia Henriquez y Dan Choi de el Centro de Justicia de Asistencia Legal y ademas con Rosario Licona y otros miembros del Comité Hispano de Virginia para compartir y para aprender lo que todos hacemos para realizar un impacto positivo en las vidas de familias hispanas locales. Estas organizaciones refieren a clientes a nosotros, y nosotros referimos a gente que no podemos ayudar a estos grupos.

El Centro de Justicia de Asistencia Legal proporciona a servicios legales gratuitos en asuntos no-criminales y representación legal para los individuos de ingreso bajo en Virginia. Su misión es servir a ésos en nuestras comunidades que tengan el menos acceso a los recursos legales. El Centro de Justicia de Asistencia Legal está confiado a proporcionar a una gama completa de servicios a sus clientes. Sus programas son como siguen:
El programa civil de la defensa forma la base de su programa de los servicios jurídicos, proporcionando ayuda a los individuos y a las familias en Virginia central que se enfrentan a los dilemas legales relacionados con la vivienda, los beneficios públicos, el empleo, la protección al consumidor, o los derechos de los ancianos, a las personas institucionalizadas, y de otras poblaciones vulnerables.
En el programa Solo para Niños enfrentan los efectos perjudiciales de la pobreza sobre niños en Virginia, incluyendo la falta de éxito educativo y la sobre-implicación en los sistemas juveniles y de justicia penales, a travez de multiples estrategias de defensa. Su trabajo es reforzar cada uno de los concéntricos círculos del cuidado que existen alrededor de sus niño-clientes. Ellos tienen programas de Solo para Niños en Richmond, Petersburg y Charlottesville. En Charlottesville, también supervisan el Centro de la Defensa del Niño en la Universidad de la Escuela de Derecho de Virginia.
Uno de cada diez Virginians son nacidos en el exterior de los Estados Unidos, y cientos de millones de trabajadores inmigrantes con salarios bajos viven y trabajan en Virginia. Las barreras linguísticas y la infamiliaridad con el sistema legal de los Estados Unidos, los hacen vulnerables a la explotación, y frecuentemente trabajan sin pago alguno, trabajan en condiciones inferiores al nivel normal, y sufren con frecuencia altos riesgos de lesión en el lugar de trabajo. Muy a menudo no tienen ninguna parte a donde ir cuando se presentan los problemas. El Programa de Defensa para el Inmigrante- opera en sus oficinas en Charlottesville y en el Norte de Virginia con un personal que es fluido en español – llegan a proveerles ayuda y esperanza.

El Comité Hispano de Virginia es una organizacion privada, independiente, sin fines de lucro, exenta de impuestos, establecida en 1967 que permite a inmigrantes hispanos en el Norte de Virginia a una participacion más completamente, y de tal modo, que contribuyan a la sociedad americana. Es una organización hispana sin fines de lucro y lamás antigua y grande en el Norte de Virginia. El año pasado, el Comité Hispano de Virginia proporcionó sobre 50.000 servicios a más de 10.000 clientes. El comité tiene en su personal a 17 empleados de tiempo completo y 100 voluntarios, y su presupuesto de operacion actual es de $1,4 millones. Su junta directiva se reúne mensualmente. Tiene oficinas en Arlington, Falls Church y Alexandria. El Comité Hispano trabaja hacia su misión de promover autosuficiencia económica y de fomentar la participación cívica entre hispanoamericanos proporcionando a una amplia gama de programas y beneficios, incluyendo:

• Información y referencias, llamadas y visitas sin previa cita.

• Manejo de casos de servicio social, de gestión inmediata, básica y de emergencia.

• Servicios legales y de Imigracion, consulta y ayuda con aplicaciones.

• Compra/Venta de casa, asesoramiento de antes/despues de adquisicion.

• Educación financiera, instrucción y planes de accion en grupo e individuales.

• Desarrollo de la mano de obra, remisiones y colocación del trabajo, y ferias de trabajo trimestrales.

• Enseñanza para adultos, clases de ESL/ciudadania en las tardes y/o fines de semana.

• Educación de la juventud, asesoria/tutoría despues de la escuela y campamentos del verano.

Aprendimos que estas reconocidas organizaciones trabajan difícilmente para educar, para representar y para ayudar a clientes Latinos asi como lo hacemos en Abrams Landau Ltd.

Originally posted at InjuryBoard by Beatriz Vargas

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

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

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

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

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

Possible Potomac Drowning: Man Disappears While Swimming

Danielle Landau — Wed, 15 Jul 2009 12:32:46 GMT

A leisurely or athletic swim can quickly turn ugly in the unpredictable waters of the Potomac River.

This morning Fox News reported that Montgomery County authorities are searching for a man who went missing while swimming across the Potomac River. Officials say the man disappeared Tuesday while attempting to cross the river with several other men.

Although the accusation of illegal or unsafe swimming is not to be intended for this swimmer, we at Abrams Landau, Ltd. are familiar with charges against illegal swimming. In what has come to be known as the “Speedo-6” case, six swimmers were arrested the summer of 2007 and brought to court in December. The Defendants were charged under Virginia Code 18.2-119 (Misdemeanor Trespass), for swimming contrary to posted signs.

Mr. Landau, the “Triathlon Trial Lawyer” is a Masters Swimmer, Triathlete and 2008 Aquathlon World Championship (swimming and running) qualifier. He takes great pride in representing injured athletes and counseling coaches, doctors, sports professionals and athletic product suppliers throughout the United States.

We can only hope that the swimmer today is found soon, safe, and unharmed.

Originally posted at InjuryBoard by Danielle Landau

The importance of medication side effects in Social Security Disability cases

Doug Landau — Thu, 16 Apr 2009 09:40:15 GMT

We have all seen the orange, pink, yellow and blue labels on the sides of pill bottles. "May cause drowsiness" "Avoid operating machinery" "Take with food"

These are important warnings, because the side effects of some very good medications can cause problems in an industrial setting. In a recent Social Security Disability case, the judge failed to consider the side effects of the plaintiff's medications. The disabled worker testified that she lost her last job after falling asleep due to the medications prescribed by her treating doctors.

A Vocational Expert ("VE") testified that if the side effects of the medications caused the plaintiff to doze off two or three times daily for 10-30 minutes each time, as she testified, that would be enough to preclude any substantial employment. Since the ALJ's opinion did not discuss any of this evidence, the Federal District Court remanded the case, so that the additional evidence of the plaintiff's medicines could be considered. This is why we asks about clients' medications, their side effects, warnings and limitations. Our clients' disabling conditions, coupled with the medications' side effects, can often lead to a "fully favorable" decision from the Social Security judges and an award of monthly income benefits. If the side effects of your medications and disabling condition make it impossible for you to work, give us a call.

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