Those injured on the job typically will file for workers’ compensation. However, they may need to go a step further and contemplate further legal action with a personal injury lawsuit, which is the first course of action if the victim was not working at the time. Personal injury with chemicals often involves product defects or …
Tag: Premises Liability
Slip and fall injuries can happen any time of year. However, walking seems to get more treacherous every winter as fewer people shovel their sidewalks and temperature shifts mean snow melts and then freezes into ice patches. Even handrails can ice over leaving those on foot to struggle with the very real fear that they …
The average person rides an escalator thousands of times during their lifetime. We think nothing of it, and rarely consider the dangers involved. However, these seemingly innocuous transports can cause serious bodily injury. One example is a woman who had her toe shredded when she was Christmas shopping in 2013 at a mall in Little …
There are mistakes that happen in nursing homes, like failing to check on a patient regularly or neglecting duties to a patient who is immobile. Usually, missing one check-up isn’t the end of the world, and the staff takes steps to make sure it doesn’t happen again. However, when patients go without care for a more significant length of time, that’s when the real trouble starts.
A Titusville woman, appointed by the court as guardian for her incapacitated husband, has filed a lawsuit in federal court, seeking damages from his employer and another firm.
The lawsuit was filed in the U.S. District Court in Pittsburgh by attorney Neil R. Rosen on behalf of Lenise Thomeier, the permanent guardian of Stephen Thomeier.
Named as defendants in the lawsuit are Rhone-Poulenc Specialty Chemicals Co. of New Jersey and Pennzoil Co. of Oil City. Rhone-Poulenc operates a plant in Cornplanter Township. Pennzoil owns and operates a refinery near Rhone-Poulenc.
The lawsuit lists two counts, seeking damages in excess of $50,000 each.
The lawsuit says Stephen Thomeier was injured and incapacitated following an accident Oct. 14, 1993, as he was standing in the area of a two-inch bleed line Rhone-Poulenc.
Thomeier was employed as a maintenance supervisor with Rhone-Poulenc.
The lawsuit states “the bleed line assembly suddenly and without warning began to rotate on its axis. When the bleed line assembly began rotating, it struck (the) plaintiff in the head with extreme force, causing plaintiff to suffer … serious and severe injuries.”
The court action alleges the accident occurred after a diesel pump that supplied a fire water system to the Rhone-Poulenc plant failed, leaving the property without a supply of water to fight any fire.
The lawsuit says Rhone-Poulenc maintained an agreement with Pennzoil. Under that agreement, Pennzoil was to supply a back-up source of water through a pipe that started on the Pennzoil property, connected to a pipe owned by Rhone-Poulenc and eventually connected to Rhone-Poulenc’s fire water line.
Because the pipe was above ground and subject to freezing, the lawsuit says, the pipe was kept empty.
On the day of the accident, the lawsuit says, Pennzoil employees activated the back-up system. The lawsuit claims the force of the water or air through the pipe caused the bleeder assembly to begin rotating out of control, striking the plaintiff.
As a result of the accident, the lawsuit states Thomeier’s health and earning capacity have been seriously and permanently impaired.
Because of the seriousness and permanence of those injuries, the suit says Thomeier was adjudicated “a totally incapacitated person” on Jan. 27, 1994, by Crawford County Court.
The lawsuit demands a jury trial.
When people think of premises liability, they probably immediately think of someone slipping and falling in a store or on a faulty sidewalk. However, landlords, employers, elevator companies, and even mass transit authorities can all be responsible for injuries on their property or equipment they operate. Every year, individuals are injured in accidents that occur when premises and equipment are not properly maintained or managed. These injuries can range from cuts, bruises, broken or fractured limbs, to injuries such as brain injuries or even death.
According to the Center for Disease Control, 3,300 deaths were caused by drowning or submersion in 2000, with 25% of the victims being children under 16. Although drowning can occur in a number of places, including public and private swimming pools, open recreational waterways such as lakes and ponds, spas, hot tubs and even bathtubs, many of these accidents occur in backyard swimming pools. About 350 children under the age of 5 drown in backyard pools each year. Drowning is the second leading cause of death for this age group after motor vehicle accidents. Another 2,600 children are treated in hospital emergency rooms each year for near-drowning incidents. In non-fatal cases, an estimated 20% percent of victims suffer severe, permanent neurological disability due to brain damage, which can generally result after four minutes of submersion.