Archives for March 2014

Fraternity Parties Coming Under Attack for Rash of Sexual Assaults

March 31, 2014 By

Fraternities and their famed parties have been a part of the American collegiate experience almost as long as colleges and universities themselves have existed. Unfortunately, the issue of sexual assaults at fraternities, and on college campuses generally, has become a major national problem garnering a lot of attention and raising many important questions.

A recent case from Wesleyan University in Connecticut highlights many of these issues. An undergraduate student there has filed suit against both the Psi Upsilon fraternity’s national organization and the local Wesleyan chapter where an alleged rape took place at a typical fraternity party. The suit claims that because the fraternity house is on campus it is therefore “university housing” and thus has a duty to keep its residents and guests safe. It goes on to note that under the school’s Community Standards and Residential Regulations the hosts of events are to be held liable for harm endured by guests. The assailant and individual fraternity members are also named as defendants, but Wesleyan University it not. As for the party itself the scene described is all-too-regular: a “wildly out of control” affair with numerous underage and “extremely intoxicated” students stopped being fun and turned into a nightmare for this particular freshman. The alleged assailant was expelled after internal University disciplinary proceedings were brought.

This case raises many of the complex issues associated with liability for the events at fraternity parties on the part of the fraternity as an organization and college where it resides . The quasi-official status of the fraternities varies in how much they are recognized by each school, and the relationship of each individual “chapter” to the national organization make these difficult cases. There is also the issue of alcohol, which more often than not plays a role in these unfortunate events, and this complicates the picture further.

If you or your child has suffered from a fraternity-related event, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Blog, Personal Injury

Wrongful death lawsuit against Maryland

March 26, 2014 By

A twenty-six-year-old man with Down syndrome died while in the custody of Frederick County sheriff’s deputies. Because those deputies are employed by the state, the family bringing the wrongful death action has added Maryland as a defendant in the action.

The man died of asphyxia in January when three deputies, who were moonlighting as mall security officers, tried to remove him from a movie theater. The victim’s family alleges that due to his mental disability he could not appreciate what was going on and the officers should have recognized this and treated the situation with more careful approach.  They mistook his fear and his behavior for resistance. It had been reported that the man was in the Frederick theater without having purchased a ticket for the movie.

The bereaved family has also named Regal Cinemas Inc. and Hill Management Services Inc. along with the three deputies as defendants in the complaint.

This kind of senseless death saddens us all. Stuart Plotnick helps families like this recover the compensation they need. If your loved one was taken too soon because of the negligent acts of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda wrongful death lawyer.

Filed Under: Uncategorized

Why teens texting and driving is so dangerous

March 25, 2014 By

 

We have all heard or seen the commercials that warn against texting and driving, but how many of us really pay attention to the warnings. Have you ever reached for the phone to read that text that comes in while you are at the wheel? As dangerous as it is for adults to distract themselves for a split second, the statistics show that it’s even more hazardous when teens do it.

  • Teens are responsible for 10 percent of crash fatalities
  • Over half of teens admit to texting and driving
  • Forty one (41%)  percent of teens admit to emailing while driving
  • Twenty Four (24%) percent of teens admit to  surfing the net while driving

Studies suggest that texting, emailing or web-surfing take your eyes off the road for about 4.6 seconds, long enough to drive the length of a football field. Teens lack the experience on the road to handle distractions and emergencies. Although no one should text and drive, the habit has deadly repercussions when teens practice it. So put your cellphone in park when you drive.

If you’ve been injured in an accident with a teen driver who was texting, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda car accident attorney.

Filed Under: Uncategorized

Do I have a Slip and Fall Case?

March 25, 2014 By

Thousands of people receive injuries every year from falling on someone else’s property, particularly when there are snow or ice conditions.  However, not every slip and fall injury leads to an actionable case. These cases can be very hard to navigate because there is always the defense that if the injured party saw the snow or ice, or whatever the condition, but still chose to walk over or on it, he/she assumed the risk of falling.  The best way to find out if you have a slip and fall case is to call an experienced slip and fall lawyer. In Rockville, Maryland, call 301-251-1286 to speak with Stuart Plotnick about your potential case.

You may have a legal case for your slip and fall if:

  • You sustained serious injuries in your fall.
  • You were injured on property owned by someone else.
  • The owner or landlord of the property owed you a duty to inspect and maintain the property.
  • Failure to uphold that duty resulted in your injury.

Each case presents unique challenges for proving fault or injury. Trust an experienced slip and fall lawyer to help you recover the compensation you deserve.

If you are suffering with severe injuries from a slip and fall, please contact the Law Offices of Stuart L. Plotnick, LLC today for your consultation.

Filed Under: Personal Injury

Do I have a Medical Malpractice Case?

March 10, 2014 By

If you have been injured because of the negligence of your doctor or other medical professional, then you may have a medical malpractice case. Simply being dissatisfied with the treatment you received is not enough to amount to an actionable claim.

Common malpractice claims include:

  • Delayed or missed diagnosis
  • Wrong site surgery or other surgical errors
  • Prescription errors
  • Birth injuries
  • Hospital and Prescription errors, including those that lead to infection or dangerous side-effects

A doctor must fail to perform up to the medical standard that is acceptable in that community and therefore these types of cases are difficult to prove and almost always require a medical expert in the same field to provide testimony that your doctor did something wrong. In addition, if no injury of consequence results from your doctor’s error there may be no claim as well. You should consult a medical malpractice attorney as soon as you realize that an injury has occurred because of the malpractice of your health care providers.

If you have suffered injuries at the hands of your doctor or other medical professional, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda medical malpractice attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Medical Malpractice

$120,000 Settlement to Baltimore Slip-and-Fall Victim

March 4, 2014 By

A Baltimore, Maryland, woman tripped on an uneven sidewalk, broke her right wrist, and injured her right arm and her back in the fall. Her medical bills were in excess of $50,000 in medical treatments, and she lost more than $15,000 in wages.

Originally, she sued the owners of the home that she fell in front of, but they were dismissed from the case in December because the City of Baltimore owned the sidewalk . The City of Baltimore was the remaining defendant, and the case was set for trial in March. Initially, the victim sought $500,000 in damages, but the parties settled for $120,000.

Although slip-and-fall cases are common, they usually are very difficult due to win and are hotly contested due to the fact that the hazard might be in plain sight, and thus the Plaintiff may have been able to avoid it. However, in this case an uneven sidewalk is not easy to spot.  Here, the danger of the sidewalk, coupled with the victim’s severe injuries in this case resulted in a high settlement.

If you have suffered serious injuries in a slip-and-fall on someone else’s property, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda personal injury attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Personal Injury
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