Kids and adults are attacked by dogs more often than most people are willing to believe. The consequences of those attacks are immediate and can be severe and even lead to death. Statistics from the Center for Disease Control suggest over 4 million people are attacked by dogs each year.
The Sacramento Bee recently reported serious dog bites have risen 44% state wide and the Sacramento Valley has seen a rise of over 50% since 2006. The raw numbers are even more telling and reflect the consequence to the average California resident.
Jet Blue is something called in the law a "Common Carrier" and that simply means it's an entity whose business involves transporting people or goods from one place to another for a fee. In California even amusement parks are considered to be Common Carriers as are trains, busses, taxis, Uber and Lyft. Common Carriers are held to the highest standard of care because they are transporting passengers for money and need to be extra careful and they may be held liable for damages if a plaintiff can prove negligence.
Common Carriers offer their services to the public under the authority of a regulatory body, which sets standards for safety and other passenger concerns. Commercial airlines like Jet Blue for example are expected to adhere to regulations set forth by the Federal Aviation Administration (FAA). Common Carriers are required to exercise the highest degree of care and diligence in the safety of their passengers and/or cargo. Their failure to warn passengers about potentially dangerous conditions expose carriers to legal action. For example, an airline like Jet Blue may be held liable for a passenger's injuries if the pilot failed to turn on the fasten seatbelt sign after noticing and flying into an area known to have heavy turbulence.
Liability for failure to warn comes down to the question of whether a reasonably careful operator would have known or should have known about the dangerous condition. Therefore, Jet Blue is being sued for injuries as a result of severe turbulence and for failing to exercise the care and diligence expected of a reasonably careful operator.
In this particular instance 24 people were transported to the hospital after the Jet Blue flight from Boston To Sacramento was forced to divert and perform an emergency landing to tend to the injured aboard. The facts support that the pilots flew into severe turbulence even after the FAA warned of such turbulence and a CNN Weather anchor revealed that the sort of turbulence the Jet Blue pilots were flying into could have been seen on both Radar and visually from the cock pit.
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Hitting the gas when you mean to hit the brake happens to just about every driver at one time or another. It may happen due to distraction or just because you weren't paying complete attention to what you were doing. The reality is this lapse could be enough to result in a serious car accident. Review what we've written about these accidents and ways to prevent them.
The reality is we all know better and continue to do it anyway. The use of social media along with texting while driving continues to rise. It appears that nothing short of serious injury or death will slow down the use of these applications.
Anyone familiar with our Law Office knows we handle Personal Injury Litigation exclusively. We work with injured people from injury to settlement and that can mean all the way to trial. We take exceptional care of our clients and as a result they often ask us to handle everything from Estate Planning to Family Law and child custody.
We see more and more evidence that features designed to protect us are actually doing the opposite. Let's take a minute and review some of the more obvious and egregious examples;
We are all prone to rants from time and to time. Sometimes folks may even have the temerity to tell me to not be quite so serious. Whenever I read a story like I read this morning from San Francisco I get serious and I tend to stay serious!
The cost of dog bite litigation is climbing in California and larger settlements are being awarded to resolve these claims. State Farm reports that more than one third of their homeowner claims are as a result of costs resulting from dog bites. It was also reported that much of the settlement increase comes as a result of more severe injuries and better reporting. It was also reported that Sacramento ranks #16 nationally in postal carriers being bitten by aggressive dogs and these facts only tell a portion of the story.
What a specific case is worth is possibly the most often asked question when we meet someone who has been injured. There is no answer that's 100% accurate. Each and every injury has issues that are specific to each individual. For instance, imagine there are 3 people in a car hit from behind and that means there is the potential for 3 vastly different levels of injury even with the same dynamic force.