Hasenyager & Summerill: Utah's Wrongful Death & Personal Injury Attorneys
wrongful death
Civil Rights & Wrongful Death Law
12/15/12
Utah District Court Ruling - Civil Rights - “Danger Creation” Theory & Wrongful Death
In Thayer v. Washington County School District, the district court held that defendant Officer Richan was entitled to a summary judgment dismissing the allegations against him brought pursuant to 42 U.S.C. § 1983 (civil action for deprivation of any rights, privileges, or immunities secured by the Constitution and laws). The case involved the wrongful death of a high school student who shot himself in the temple with a blank from a .38 caliber revolver at Desert Hills High School in St. George, Utah. The gun had been brought onto campus to be used as a prop in the play “Oklahoma.” Officer Stacy Richan, a police officer with the St. George Police Department, who was on assignment to the high school as its special resource officer, had been asked what the rules would be to bring the gun on campus to be used in the play.
The plaintiffs’ case against Officer Richan was based on a “danger creation” theory, whose key lied in the “state actors’ culpable knowledge and conduct in affirmatively placing an individual in a position of danger, effectively stripping a person of her ability to defend herself, or cutting off potential sources of private aid.” Under the theory, the court ruled that “the danger creation theory permits liability against a state actor only when there is either actual wrongful intent or recklessness that is sufficiently egregious to shock the conscience.”
In analyzing the six-part test, the court ruled that the risk was not “substantial” and the harm was not “immediate” because the harm did not occur on the same day that Officer Richan allowed the gun to be brought on campus by a student rather than by an adult where Officer Richan believed his rules would be followed by another adult, the school’s drama coach. The court also ruled that the risk was not known or obvious, that Officer Richan did not act recklessly in conscious disregard of the risk, and that Officer Richan’s actions did not “shock the conscience.”
Experienced Utah wrongful death lawyers must be consulted in any case involving allegations that government agencies, employees or officials caused or contributed to the death. In addition to statutory claims under 42 U.S.C. § 1983, there may be claims under the Utah Constitution as well as claims under Utah’s governmental immunity act.
Hotel Liability - Wrongful Death
11/02/12
Can A Hotel or Motel Be Held Liable Under Utah Law for Wrongful Death or Personal Injury?
Hotels and motels can be held liable under Utah law for a variety of injuries as well as wrongful death. Utah lawyers regularly represent claims against hotel owners for everything from slip and fall to wrongful death to assault and battery. Premises liability, security issues and general maintenance can all form the basis for such claims. Additionally, because hotels and motels are a ‘take all comers’ operation, pre-injury releases do not apply and it may be the case that the hotel or motel is subject to even greater duties of care than the general public. Recently, an out of state Marriott Hotel has been named in a wrongful death lawsuit, claiming a guest dining at the hotel in July inhaled "dangerous aerosolized water vapor contaminated with Legionella bacteria" and died a month later. The bacteria was found in a fountain in the main lobby. The suit accuses the hotel of negligence and failing to maintain "appropriate control measures." This is just one example lawsuits against hotels and motels. As always, it is imperative to contact a good Utah injury or wrongful death lawyer as soon as possible to preserve any claim or right to bring a lawsuit.
Medical Malpractice Lawsuits In Utah - A Step Forward for Patient Rights
10/22/12
Early Disclosure - Early Resolution: Medical Malpractice Mistakes, Compensation & Progress in Utah
I recently had the honor of meeting with Utah Lt. Governor Greg Bell, Dr. Ed Clark, and Dr. Lisa Gunther. As an attorney who works with patients harmed or killed due to a medical mistake, I was apprehensive and very suspicious. The program presented to us by Dr. Clark is an ‘early disclosure, early resolution’ system whereby doctors, nursing and hospital staff acknowledge whenever there has been an error which caused harm or death to a patient. The staff then disclose this fact to the patient and/or their family and they are offered the opportunity to openly discuss the occurrence and also offered the opportunity to work toward a mediated compensation arrangement.
Lt. Governor Bell posted about patient oriented medical malpractice reform on his blog. Highlights include:
- Medical malpractice does occur sometimes and when it does the patient should be compensated.
- [W]e must permit, and the Utah and U.S. Constitutions ensure that citizens have the right to present their case to a court.
- When an adverse event occurs, the doctor and hospital disclose the problem and its cause to the patient. The patient may involve their family and hire counsel if they wish. No waiver of liability is required. The doctor and hospital will give consolation and advice, and if warranted, apologize, accept responsibility, and give fair compensation.
- The beauty of this method is that the paramount relationship of doctor-patient is preserved rather than destroyed in an adversarial climate. This system requires no legislation, is completely voluntary, and is a human rather than a legal solution to real human problems.
Not specifically mentioned by the Lt. Governor, but equally important, the transparency associated with such a system also increases patient safety. By discussing the medical negligence early and openly, steps can be taken to prevent similar cases from occurring in the future. Additionally, the family can obtain compensation at an earlier stage, leading to improved care and financial ability to deal with the consequences that inevitably flow from a medical error that can either result in death or serious impairment.
Most importantly, the medical malpractice mediation approach allows the family and victims to bring a Utah medical malpractice attorney with them to any mediation. This is very important because the hospitals and risk managers on the other side of the table have a tremendous information advantage over the injured malpractice victims. By allowing families to bring lawyers, the family can be assured that they are adequately represented and get a fair shake through any medical malpractice mediation program.
Hospitals Are Killing Us
09/25/12
Are Utah Hospitals and Doctors Killing Their Patients?
A recent Wall Street Journal article does an amazing job of setting out the truth about medical malpractice, death and injury:
“When there is a plane crash in the U.S., even a minor one, it makes headlines. There is a thorough federal investigation, and the tragedy often yields important lessons for the aviation industry. Pilots and airlines thus learn how to do their jobs more safely.
The world of American medicine is far deadlier: Medical mistakes kill enough people each week to fill four jumbo jets. But these mistakes go largely unnoticed by the world at large, and the medical community rarely learns from them.”
You can read the full article here. The article is authored by a physician and, in plain and simple terms, details the problem with american hospitals and healthcare. There is a built in code of silence which prevents people, consumers, patients and their families from ever learning the truth about how a loved one suffered from a preventable medical mistake. We often hear clients tell us that they just cannot get a straight answer from anyone or, worse, that a nurse or other healthcare provider has ‘whispered’ to them and told them they should seek an attorney to help investigate the death or injury. The healthcare industry should be alarmed that so many people die and are injured by medical malpractice. The cure to malpractice litigation is to stop killing and injuring patients. Tort reform does nothing more than treat the symptom of a disease and, as any doctor can tell you, you must find the source in order provide a cure.
Head Injury Risk to Infants - Utah Recall
09/05/12
Head Injuries Can Lead to Serious, Life Threatening Complications. Bathing Seat Recalled Due to Risk.
The Consumer Product Safety Commission and the manufacturer of infant bathing seats have issued a recall due to risk of injury to infants. The bathing seat frame can collapse, resulting in serious personal injury to infants.
When the bather is lifted and/or carried with an infant in it, its folding wire frame can suddenly disengage from the side hinge, dropping the baby out of the bather, posing a fall hazard and a risk of serious head injury to infants.
Reported injuries include skull fractures and bleeding on the brain. Under Utah law, a product is considered unreasonably dangerous if it works in a way that a normal user would not expect. Collapse of the device and causing a head injury is certainly outside the expectations of the normal Utah user.
Injury Lawsuits, Utah Law and Lawyers
06/08/12
Embarrassed to file a Utah lawsuit for personal injury
The most common theme from every client and potential client we meet with? “I never thought I’d be the type of person to sue for medical malpractice/personal injury/auto accident.” Unfortunately, many people do not realize just how devastating the costs can be from a personal injury accident. Medical malpractice victims can experience the worst of injuries, including death, because a simple procedure, or safety rule was not followed, i.e. the doctor, nurse or hospital was negligent. So, too, in auto accident cases, people can be catastrophically harmed and lose enormous amounts of wages, aka lost income, because someone ignored a stop sign, failed to yield the right-of-way, or was distracted by their cell phone or text message.
Personal injury lawyers and lawsuits enforce accountability and act as a deterrent to negligent conduct.
Although there may be some embarrassment in pursuing a lawsuit for personal injury, people need to understand that lawyers and these type of lawsuits support to very important principles of justice. First, someone hurt by the negligence of another should not be forced to bear the costs. Just because someone wasn’t paying attention or violated a safety rule, doesn’t mean that the victim should have to shoulder the costs of lost wages, medical expenses and pain and suffering. Our justice system demands that the wrongdoer be held accountable for the harm that they cause. Second, if hospitals, doctors, drivers and corporations know that they will be held accountable for ignoring safety rules, they will act more carefully to follow keep people safe from harm. This is called the ‘deterrent’ effect of personal injury law. Deterrence works to keep people following safety rules and to keep them from acting negligently in a way that causes needless injury or death.
Don’t let a negligent actor become a repeat offender. Only by pursuing a lawsuit can we enforce accountability and deter future negligence. Talk to one of our Utah injury attorneys today.
Distracted Driving Kills and Injures Too Many.
05/30/12
More than 3,000 people lost their lives last year in distraction-related accidents according to a study by the National Transportation Safety Board. Due to the ever increasing use of cel phones while driving, the dangers are getting higher every day. Death, personal injury, lost wages and medical expenses can all be avoided if people will just set aside their cel phones while they drive.
The NTSB reported that, for the first time, they were calling to end the use of all portable electronic devices while operating a motor vehicle. In No call, no text, no update behind the wheel: NSTB calls for nationwide ban on PEDs while driving the safety recommendation specifically calls for the 50 states to ban the nonemergency use of portable electronic devices, including cel phones, for all drivers. “No call, no text, no update is worth a human life.” Utah law and law enforcement need to find a way to stop distracted driving from causing car accidents.
Several incidents prompted the recommendation, including a situation where a pickup truck ran into the back of a semi-trailer that had slowed due to an active construction zone. The pickup was then struck from behind by a school bus. The ensuing chain of events resulted in two deaths and 38 other people being injured. After investigating, the NTSB found that the pickup truck driver has sent and received 11 text messages in the 11 minutes leading up to the crash. The last text was received moments before the pickup truck ploughed into the big rig.
If you need a Utah lawyer to handle a distracted driving car crash, give us a call immediately 801-326-8400.
Safety and avoiding car accidents requires a ban on cel phone use while driving.
The NTSB reported that, for the first time, they were calling to end the use of all portable electronic devices while operating a motor vehicle. In No call, no text, no update behind the wheel: NSTB calls for nationwide ban on PEDs while driving the safety recommendation specifically calls for the 50 states to ban the nonemergency use of portable electronic devices, including cel phones, for all drivers. “No call, no text, no update is worth a human life.” Utah law and law enforcement need to find a way to stop distracted driving from causing car accidents.
Several incidents prompted the recommendation, including a situation where a pickup truck ran into the back of a semi-trailer that had slowed due to an active construction zone. The pickup was then struck from behind by a school bus. The ensuing chain of events resulted in two deaths and 38 other people being injured. After investigating, the NTSB found that the pickup truck driver has sent and received 11 text messages in the 11 minutes leading up to the crash. The last text was received moments before the pickup truck ploughed into the big rig.
If you need a Utah lawyer to handle a distracted driving car crash, give us a call immediately 801-326-8400.
Injury, Landlord Liability and Exculpatory Clauses in Residential Leases
05/14/12
Can landlords immunize themselves against liability for injury or death caused by their own negligence through an ‘exculpatory’ clause in a residential lease? We recently argued to the Utah Supreme Court that landlords, property management companies and apartment owners should not be able to shield themselves against liability when someone dies or is harmed because of the landlord or property management company’s own negligence or carelessness. As part of that argument, we urged the court to recognize that because they are providing a public service when they rent property to families, landlords cannot legally prevent themselves from being sued by placing exculpatory clauses or pre-injury release language in the lease agreement. The case involved a fire in an apartment complex which caused substantial property damage as well as resulted in the death of one of the tenants. The Utah Supreme Court decided the case of Broderick v AMC, Canyon Cove in our favor, but didn’t directly address the issues raised. Nonetheless, the opinion seems favorable and, if faced with the same issue again in the future, a Utah appellate court may well invalidate such pre-injury release language.