HGD's Chris Hood Appointed to Alabama State Bar's Lawyer Assistance Program Committee

HGD partner, Chris Hood, was recently appointed to Alabama State Bar’s (ASB) Lawyer Assistance Program (ALAP) Committee  for the 2020-2021 year. Members of the ALAP committee are volunteers who assist in the implementation of services provided by the ALAP and serve active roles in the planning and developing of policies and procedures to assist in carrying out its mission. The recognized concepts of intervention, peer support and accountability have proven effective in helping lawyers in need take the necessary steps toward recovery. The value and effectiveness of these techniques, carried out by other lawyers who are themselves in recovery or who have had personal experiences in dealing with these illnesses, is invaluable. Committee members also assist ALAP in providing educational programs to promote awareness about these issues.

During this year, the ALAP will focus primarily on the following areas by preparing and offering educational programs, articles, CLE training, and other presentations as appropriate or needed:

(1) Addiction, depression and discipline among Alabama attorneys;

(2) Stress and how it particularly affects lawyers;

(3) Aging of the lawyer population and the inevitable increase in cognitive decline due

to diseases such as Alzheimer’s and Dementia; and,

(4) The recommendations of The Path to Lawyer Well-Being, a report published by theABA’s National Task Force on Lawyer Well-Being, to promote health and wellness.

Chris focuses his practice on consumer and environmental class actions, fraud and business torts, and personal injury or death caused by dangerous prescription medicines and medical devices.  He also handles appeals in many of our firm’s major cases.

HGD congratulates Chris on this important appointment!

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HGD Supports "Get Out the Vote" by Providing All Employees with Paid Time Off to Vote

Amazon can be Held Liable for Defective Products Rules a California Appeals Court

A California appeals court has ruled that those injured by defective products purchased on Amazon.com have a right to file a lawsuit against Amazon. The ruling made by the California Fourth District Court of Appeals is somewhat groundbreaking. The Court revised a trial court ruling that held that a plaintiff who suffered severe burns from a defective laptop battery purchased on Amazon could not sue Amazon.

The Case Involved a Defective Laptop Battery Purchased on Amazon

The plaintiff in the lawsuit, Angela Bolger claims that she purchased a replacement laptop battery on Amazon. She purchased the battery from the fictitious company “E-Life,” which was a false name for the company Lenoge Technology Ltd. The company shipped her purchase to her using packaging branded with Amazon’s logo. The battery exploded while she was using her laptop, a few months later. As a result of the explosion, she suffered severe third-degree burns.

 Amazon Has Managed to Escape Liability So Far

The California court’s ruling is notable because up until now, Amazon has always argued that it is only an intermediary between third-party sellers and buyers. Amazon refers to this online store as the “Amazon Marketplace.” However, there is no unique or specific place within the Amazon website for third-party sellers. Amazon itself is a massive seller of goods on the Amazon website. Often, third-party sellers appear in regular listings on the website. There is only a small line of text that shows that a third-party, not Amazon, is not the seller, making it difficult for customers to understand from whom they are purchasing a product.

Amazon is Facing Multiple Lawsuits Regarding Defective Products

California’s ruling may be the first of many different state court rulings regarding Amazon and product liability lawsuits. The company is currently facing multiple other lawsuits over defective products in other courts throughout the United States. An Amazon spokesperson has stated that the company will appeal to the California court’s ruling. They maintain that under California law, and the laws in other states, service providers cannot be held liable for third-party products that they do not sell or make.

Amazon Brings Products to the Consumer

It the Court’s ruling, the justices wrote that “ Whatever term we use to describe Amazon’s role, be it ‘retailer,’ ‘distributor,’ or merely ‘facilitator,’ it was pivotal in bringing the product here to the consumer,” In other words, the Court is not letting Amazon escape liability by claiming that they are not directly involved in the chain of manufacturing, distribution, and retail of products. Ultimately, the court rules that a victim of a defective product purchased on Amazon has the right to use Amazon directly.

The issue, in this case, involved the legal question of whether Amazon was liable for the plaintiff’s injuries under strict product liability, or under negligence. The plaintiff contended that Amazon is the most valuable retail company in the world, earning nearly 50% of all retail dollars within the United States. Amazon has claimed that it is merely a provider of services, not an actual “seller” of the goods.

The plaintiff also relied on a recent Supreme Court case that held that a marketplace operator is essentially the same as a retailer in an antitrust context. Also, California enacted the “Marketplace Facilitator Act,” which labels Amazon as the seller and retailer for every sale that the company facilitates through its marketplace for tax purposes.

What Happens Now?

California courts are not the only courts to have held Amazon liable for purchases made through third-party sellers. An Ohio court made a similar ruling and a South Carolina court recently ruled that for tax purposes, Amazon is a product seller. It will be up to each individual state court system to determine whether they will extend that idea into the area of product liability law. Amazon serves the purposes of both a distributor and a retailer and consumer rights advocates are glad that courts are slowly beginning to rule that Amazon should be held liable, just as any other distributor is under strict liability and negligence rules.

Contact Our Experienced Lawyers as Soon as Possible

If you have suffered an injury from a product that you purchased on Amazon, it is important that you speak to an experienced lawyer as soon as possible. The experienced Alabama personal injury lawyers at Heninger Garrison Davis will evaluate your case and advise you of your best legal options. Contact us today to schedule your initial consultation.

Alabama Neurosurgeon Faces a Wrongful Death Lawsuit

A Mobile, Alabama medical student died in a devastating car accident involving a DUI last month. An Alabama surgeon has been charged with manslaughter for the death of the 24-year-old medical student. She was a passenger in the surgeon’s vehicle. At the time of the accident, the surgeon was speeding and driving while under the influence. Her family has brought a wrongful death lawsuit against the surgeon.

Alcohol Was Involved in The Fatal Accident

According to the wrongful death lawsuit, the neurosurgeon had previously stated that since he had a physician card issued by the police department, he could get out of any legal responsibility for driving while intoxicated or otherwise breaking traffic laws. The surgeon was on staff at the Mobile Infirmary and drove a high-performance Audi convertible at 128 miles-per-hour on a road with a speed limit of 45 miles-per-hour in Mobile.

Another vehicle turned in front of the surgeon’s Audi, and he swerved to avoid a collision. While swerving, he lost control of the vehicle and crashed into a guardrail, then rolled three times before slamming into a light pole and then crashing upside down in a ditch. The young medical student was pronounced dead at the accident scene, and the surgeon was hospitalized with non-life-threatening injuries. Law enforcement noted that his blood-alcohol test revealed that he was over the legal limit when the crash occurred.

The wrongful death lawsuit alleges that the surgeon either negligently and/or wantonly caused the student’s death. The lawsuit claims that the surgeon was liable because of the following:

• He drove carelessly and recklessly
• He was driving while intoxicated
• He was driving at excessive speeds
• He failed to keep a proper lookout while driving
• He failed to maintain control of the car
• He failed to use reasonable care when operating the vehicle

Bringing a Wrongful Death Lawsuit After a DUI Car Accident

Under Alabama law, a deceased individual’s estate can seek compensation on behalf of their loved one. In Alabama, family members of the deceased individual cannot bring a claim themselves. Instead, a representative of the decedent’s estate must file the claim. Wrongful death lawsuits allow the victim’s family members to seek compensation from the defendant whose negligence caused the death of their loved one. Wrongful death claims are essentially personal injury claims, except that the deceased person’s estate steps in to file the lawsuit on behalf of the deceased individual.

Many of our clients are unsure whether they have a right to bring a wrongful death lawsuit if the negligent driver has not faced criminal charges. You can file a wrongful death lawsuit even if the driver has not been charged with the crime of DUI or manslaughter. Wrongful death lawsuits are civil claims, and liability happens in monetary damages, not punishment such as imprisonment.

Successful wrongful death claimants are entitled to compensatory damages that will cover the cost of the deceased individual’s medical bills and other financial losses. Specifically, Alabama’s wrongful death laws allow the estate to request punitive damages that are available to punish a defendant whose negligence caused the death of the deceased individual and deter other people from engaging in such negligent actions in the future.

When to File a Wrongful Death Lawsuits

Under Alabama law, the deceased individual’s estate must file a wrongful death lawsuit within two years of the date of the incident or accident that resulted in the decedent’s death. In some rare cases, the estate may have an extended time frame. If your loved one has been killed in a DUI motor vehicle accident, it is essential to contact an experienced lawyer as soon as possible.

Many times, memories of the witnesses will get fuzzy, any damages will be repaired, and the chance to find video evidence or photographic evidence will become much more difficult. Wrongful death lawsuits often become complex and require a significant amount of investigation. The sooner you reach out to an experienced personal injury law firm, the better.

Contact Our Experienced Personal Injury Lawyers Today

If a drunk driver caused your loved one’s death, you may be entitled to compensation through a wrongful death lawsuit. Contact the experienced lawyers at Heninger Garrison Davis today to schedule your initial consultation.

An Alabama Student Suffered a Traumatic Brain Injury After Falling Out of a Golf Cart

An Alabama student from Chelsea recently spends three months at a local children’s hospital after suffering a traumatic brain injury. The 14-year-old suffered a severe traumatic brain injury after he fell off of a golf cart. The young man now needs to learn how to walk and talk again due to his brain injuries. He is now able to walk with the help of one aid, while immediately after the accident, he needed four people to help him walk. He faces months, if not years, of outpatient physical therapy as he continues to improve.

Recreational Activities are a Major Cause of Traumatic Brain Accidents

The Centers for Disease Control (CDC) reports that between 1.7 to 3.8 million traumatic brain injuries occur every year in the United States. As much as 10% of these traumatic brain injuries are caused by recreational activities and sports, including golf cart accidents. Sports and recreational activities are a significant cause of traumatic brain injuries in children and adolescents. Over 21% of all traumatic brain injuries among young people and children happen due to recreational activities and sports.

Traumatic brain injuries happen due to a blow or jolt to the head, a penetrating head wound, or they can be acquired. Recreational activities such as riding ATVs, or driving a golf cart can cause severe traumatic brain injuries. Many people assume that because ATVs or golf carts are not as big as passenger vehicles, they are not dangerous. Unfortunately, golf carts and ATVs are responsible for many traumatic brain injuries every year.

The CDC reports that transportation-related accidents accounted for over 49% of all traumatic brain injuries. These accidents involve bicycles, pedestrians, recreational vehicles, adn motor vehicles. Young adults, and those over the age of 75 have suffered traumatic brain injuries. When a motor vehicle crashes, the victim’s brain can slam into the dashboard, or the victim can fly out of the vehicle and hit his or her head on the ground or golf cart. Unfortunately, many young people who are involved in recreational vehicle accidents do not wear helmets, leaving them particularly exposed to traumatic brain injuries.

Brain Injuries Caused by Recreational Activities Range in Severity

The severity of injuries caused by traumatic brain injuries depends on the accident. Many people who suffer a brain injury suffer mild concussion symptoms or mild physical trauma including lacerations and scalp contusions. Others suffer severe traumatic brain injuries as well as brain bleeds and comas.

It is essential to recognize when brain injuries have resulted in a hemorrhage or traumatic brain injury, which is why it is so important to seek a thorough medical examination immediately after a recreational or sports accident. Doctors will run tests to rule out severe brain damage. Recurrent minor brain injuries like multiple concussions from sports can result in more severe brain injuries over time.

The Long Term Effects of Traumatic Brain Injuries

Traumatic brain injuries caused by recreational or sports activities can lead to devastating effects. The young man mentioned above lost his ability to speak and find the right words. Many traumatic brain injury victims find it hard to express thoughts and words, or suffer from slurred speech. Additionally, cognition is often negatively affected by traumatic brain injuries. Victims may not become easily distracted, overstimulated by their environment, and unable to follow directions.

These cognitive symptoms can make it extremely difficult for people with traumatic brain injuries to maintain employment. They may feel confused, disoriented, and suffer other types of neuropsychological deficiencies. Additionally, those with traumatic brain injuries often suffer with persistent, or recurring headaches. Motor dysfunction can also happen in which they find it difficult to coordinate their motor functions. They may lose their ability to walk and need 24-hour assistance.

Recovering Compensation After a Traumatic Brain Injury

When another business or individual’s negligence caused your traumatic brain injury, you may be able to recover compensation for your injuries. Brain injuries often affect your ability to provide for yourselves and your loved ones and cause you to need care either part-time or full-time. The best thing you can do after suffering a traumatic brain injury is to contact an experienced personal injury lawyer. At Heninger Garrison Davis, we have helped many clients obtain the compensation they deserve after suffering a traumatic brain injury. Contact our law firm today to schedule your initial consultation.

Bair Hugger Warming Devices

Bair Hugger warming blankets keep patients warm during and after surgery. The use of warm air helps patients’ circulation and can help speed up the healing process. Unfortunately, research has shown us that Bair Hugger warming blankets may stir up dangerous bacteria and contaminants from the floor of the operating room and deposit them into a patient’s surgical site.

Pathogens that spread in this manner can cause deep joint infections and start infections, the need for more surgery, and in severe cases, amputation. When a patient contracts an antibiotic-resistant bacteria, the patient may even die as a result of the infection.

3M Recalled 165,000 Bair Hugger Warming Defects

In January 2018, the company 3M recalled 165,000 Bair Hugger warming blankets due to a design defect. Some of the blankets involved in the recall failed to fully inflate after 3M redesigned the system’s underbody blanket. In the recall letter, 3M warned that the partial inflation of the blankets that could prevent them from properly warming patients.

One report to the FDA claimed that a patient suffered from hypothermia during surgery. The patient used a Bair Hugger warming blanket. The device involved in this lawsuit was not one of the units involved in the 2018 recall. The patient involved in this lawsuit required treatment in an intensive care unit.

Bair Hugger Lawsuit Updates

Bair Hugger lawsuits have become more prevalent. In one case, a woman claimed that she developed a deep joint infection shortly after a knee replacement surgery that used a Bair Hugger warming device. She required multiple procedures to clean the infected area. Due to a large number of similar lawsuits that plaintiffs have filed against 3M, these lawsuits have become centralized in a Minnesota U.S. District Court.

Claims Involved in Bair Hugger Lawsuits

Hundreds of plaintiffs have been filed, claiming that Bair Hugger blankets cause serious injury. These lawsuits allege the following legal claims:

• The defective design of Bair Hugger warming blankets
• Bringing an unreasonably dangerous product to market
• Concealing the risks of using a Bair Hugger warming blanket
• Failing to test the blankets adequately before producing them
• Marketing Bair Hugger blankets aggressively, despite knowing the safety risks
• Misrepresenting the fact that Hair Hugger meets the filtration standards set up by HEPA
• Making intentionally misleading and false statements about the safety of the blankets
• Failing to discontinue, redesign, or warn doctors about dangers associated with Bair Hugger blankets.
• Negligence on the part of doctors and medical staff when using the blanket
• Causing plaintiff injuries based on the acts or omissions mentioned above

Injuries Potentially Caused By Bair Hugger Warming Blankets

Several different serious personal injuries can result from the use of Bair Hugger warming blankets, including the following:

• Sepsis
• Deep joint infections in the knee and the hip, including staph infections, MRSA, and other types of bacteria-resistant infections
• The need for more surgeries to implant a new knee replacement or to clean up the infection
• Limited mobility of the affected knee joint
• Amputation of an affected limb required due to an incurable infection of the joint

Are You Eligible for a Bair Hugger Lawsuit?

The best way to determine whether or not you are eligible for a Bair Hugger warming blanket lawsuit is to speak to an experienced lawyer as soon as possible. You will need to show that you have suffered an injury caused by a Blair Hugger blanket. You will also need to file a personal injury lawsuit before Alabama’s statute of limitations expires. The following are some of the requirements for filing a personal injury lawsuit:

• You underwent a joint replacement surgery or other surgery in which your doctors used a Bair Hugger warming system
• You developed a deep joint infection that was acquired in the hospital within 60 days of the surgery taking place
• You suffered losses as a result of your infection, such as a loss from a prolonged hospitalization, a prolonged or painful recover, additional surgeries, amputation of your affected limb, disability, or physical therapy

Contact Our Alabama Personal Injury Lawyers Today

If you or your loved one have suffered injuries due to the use of a Bair Hugger warming blanket, you could be entitled to damages. Contact the experienced Alabama personal injury lawyers at Heninger Garrison Davis today to learn whether or not you might have a valid personal injury claim. We have the skills and experience needed to advocate effectively for our clients.

Five Signs of Nursing Home Abuse

If you are considering placing your loved one in a nursing home, you are probably concerned about his or her safety. There are currently 1.4 million people living in nursing homes in the United States. While many Alabama nursing homes provide excellent care for residents, some allow abusive practices to happen on a daily basis.

Nursing home abuse can result in serious injuries and even death. If you have a loved one in a nursing home or you are considering placing your loved one in a nursing home, be sure that you look out for the following signs of abuse.

Unexplained Bruising, Cuts, or Scrapes

Accidents do happen sometimes, and it is not uncommon for elderly people to bruise easily, even from everyday activities. Nonetheless, if you see unexplained injuries or bruising on your loved one, nursing home abuse could be happening. Keep a close lookout for bruises in the shape of a person’s hand around a patient’s wrist or arm.

Poor Sanitation or Hygiene

Every nursing home patient is entitled to clean and sanitary living conditions. If your loved one’s room smells like urine or feces or you notice unwashed hair, overgrown nails, or body odor due to not being washed enough, nursing home neglect is probably happening. When nursing home management does not create and enforce a proper schedule for hygiene and sanitation purposes, the patients’ health can be at risk.

Changes in Property or Finances

Sadly, financial exploitation can be one of the most common signs of elder abuse. Dangerous criminals often target elderly individuals who are more at risk of financial schemes. These financial scammers often target elderly individuals who are mentally or physically fragile. They befriend the elderly individual by providing them with attention and friendship. Once they gain the trust of the person in the nursing home, they begin to take their money or gain control over their finances. Signs of financial abuse include the following:

• Missing property
• Missing cash
• Unexplained withdrawals from the person’s bank account
• Unpaid expenses
• Unnecessary subscriptions or purchases
• Unusual changes in the individual’s will or power of attorney documents

Dehydration or Malnutrition

Ensuring that a patient has enough food and water is one of the most critical and foundational aspects of nursing home care. Many elderly individuals are not able to make sure they eat enough and drink enough water. When you visit with your loved one, make sure that you notice any changes in overall health or weight. Make sure that the nursing home is providing your loved one with health food choices as well as a variety of food choices.

If your loved one needs assistance eating or drinking, make sure that a staff member is supporting your loved one. Also, if your loved one has a medical condition, such as diabetes, you need to ensure that your loved one is getting meals that support their treatment plan and that they receive frequent blood sugar checks. Finally, nursing homes should check the weight of patients regularly. Some of the signs of dehydration and malnutrition include the following:

• Cracked, dry lips
• Weakness
• Swollen tongue
• Reduced urination
• Dry mouth
• Weight loss or weight gain

Sudden Changes in Behavior or Mood

Paying attention to your loved one’s behavior and the mood is also extremely important. One of the most telling signs of serious abuse or neglect, especially when nursing home residents are physically or mentally impaired. When something out of the ordinary happens, your loved one will often act out or become withdrawn as the result of the changes that have happened.

Whenever a sudden change happens, you should pay attention to what circumstances are going on regarding your loved one’s medical care. Some of the causes for a sudden behavioral change of a nursing home resident include the following:

• Physical abuse
• Sexual abuse
• Psychological abuse
• Illegal restraint
• Health conditions, such as stroke, dementia, TIA, or pain
• Changes in roommates, or staffing that can cause conflicts between the staff and the nursing home residents
• Changes in medication, or food plans

Contact an Experienced Alabama Nursing Home Lawyer

If you suspect that your loved one is suffering from nursing home abuse or neglect, we recommend speaking to an experienced lawyer as soon as possible. The sooner you hire an attorney, the better. At Heninger Garrison Davis, our lawyers can help you evaluate the situation. We will advise you as to your legal options when it comes to recovering compensation. Contact us today to schedule your initial consultation.

Five Tips for Taking Legal Action Against an Insurance Provider

Few things can be as challenging as fighting with an insurance company after a serious accident. Whether you were involved in a motor vehicle accident or an accident on another person’s property, you are probably hoping to obtain compensation after filing a claim with the insurance company.

Unfortunately, insurance companies care more about making a profit than ensuring that they pay out fair amounts for claims. Under Alabama law, insurance companies must engage in good faith insurance practices. When they engage in bad faith insurance practices when settling your claim, you may have a right to sue for coverage.

1. Understand Why The Insurance Company Denied Your Claim

If an insurance company has denied your claim, the best thing you can do is try to understand why they denied your claim. You can request a police or fire report, a copy of the insurance policy, and copies of all communications received from the insurance company. You can also request copies of all of the estimates for damages. After an insurance company has denied your claim, it is essential that you keep a copy of the letter from the insurance company that discusses your insurance claim denial. Insurance companies must tell you why they have denied your claim. The reason for denial can be vital for going forward.

2. Organize the Evidence in Your Case

If you decide to bring a lawsuit against the insurance company, you will need to submit evidence in support of your claim. It is wise to begin gathering evidence immediately after your accident, or even at the accident scene when possible. At the accident scene, you can take photos of the vehicles and of your injuries. It is wise to keep all of the summaries of your medical visits as well.

If your home burned down in a fire, it is essential that you keep a record of all of the costs associated with the repair of your home. The same is true if you need to have your motor vehicle repaired after a car accident. Keep all receipts involving necessary repairs in case the insurance company disputes the total cost of the repairs.

3. Speak to an Experienced Lawyer

Insurance companies have time, money, and a team of lawyers to defend their actions. As an individual person, it is important that you speak to your own lawyer as soon as possible. Many insurance companies hope that claimants will simply accept their low initial offer, or accept the denial of their claim without fighting it. An experienced lawyer can help you determine whether or not you have a potentially successful claim against an insurance company.

At Heninger Garrison Davis, we will review your claim and advise you as to the best steps to take to protect your interests and rights. If you hire an attorney at the beginning of the claims process, we can help you negotiate with the insurance company from the very beginning. It is wise to speak to a lawyer before you speak to the insurance company.

4. Consider Filing an Alabama Bad Faith Insurance Claim

In some cases, insurance companies will deny a person coverage because of legitimate disputes over the facts of the case or the law. Or, the insurance company might have made a reasonable mistake. When this happens, you, as the claimant, have a right to file a lawsuit against the insurance company for breach of the insurance contract. In other words, you will argue that the insurance company breached your contract with them when it denied your claim.

In other cases, insurance companies engage in bad faith insurance denials. Bad faith denials happen when the insurance company makes a frivolous or unfounded refusal to pay the claimant according to the insurance policy terms. In other cases, insurance companies negligently handle your claim, failing to spend enough time properly reviewing the claim. Many insurance company adjusters rely on the fact that most people will not attempt to read their insurance policy to see if they have made an incorrect decision.

In other cases, insurance companies stall, or delay, the resolution of a claim for an unreasonable amount of time, making it difficult for the victim of an accident to move forward with life and pay his or her bills.

5. Contact Us Today

If you suspect that an insurance company has wrongfully denied your claim, or engage in bath faith practices, you need an experienced lawyer. Contact the Alabama law firm of Heninger Garrison Davis today to schedule your initial consultation.

Nursing Home Neglect During the Coronavirus Pandemic

Nursing homes have been at the forefront of the coronavirus pandemic. According to recent data gathered by the Centers for Disease Control and Prevention, 1,602 nursing home residents and staff members have died in the state of Alabama due to coronavirus. Of those who have died, 879 were nursing home residents and 723 were staff members. Alabama nursing homes have had just over 300 coronavirus cases for every 1,000 nursing home residents, making Alabama the sixth highest state out of all 50 states when it comes to coronavirus deaths for nursing home residents.

Nursing Homes Owe Residents a Duty of Care

Alabama nursing homes and assisted living facilities have suffered disproportionately when it comes to coronavirus illness and death. A coroner in Louisiana recently reported that some Louisiana nursing homes were undercounting their coronavirus deaths. In Nebraska, over 40% of coronavirus deaths have been in nursing home facilities. While it is impossible for nursing homes to completely stop coronavirus from entering their facility, nursing home administrators have a legal duty to use reasonable care to prevent the spread of coronavirus to their residents, many of whom have pre-existing conditions and are extremely vulnerable to the virus.

Wrongful Death Due to COVID-19

Alabama nursing homes had already been under scrutiny for many different health code violations before the coronavirus pandemic began. Sadly, Alabama nursing homes have a reputation for being understaffed, and for not preventing elder abuse and neglect. In frail Alabama nursing home residents, the coronavirus can prove to be lethal. The older the age of the patient who contracts coronavirus, the more risk that the patient will succumb to the virus.

Nursing homes across the country are now well aware of how dangerous the coronavirus is and what they must do to prevent a virus from spreading among their vulnerable patients. When nursing homes fail to use reasonable care to protect their patients and staff, and as a result a patient or staff member dies from the coronavirus, the deceased person’s estate can bring a wrongful death lawsuit.

Proving Negligence in a Wrongful Death Lawsuit

The deceased individual estate will need to prove that the nursing home failed to use reasonable care when caring for the deceased loved one. In some cases, nursing homes and long-term care facilities do not have enough protective facial masks or antibacterial hand soap, both of which are essential to preventing the spread of COVID-19. In other cases, nursing homes may only be operating at 50% or less of their usual staff members because their staff members are showing symptoms of coronavirus and call out sick. During a pandemic, it is essential that nursing homes have all hands on deck so they can have enough staff to sanitize the facilities properly to prevent more spread.

Nursing home administrators also have a duty to ensure that they do not allow sick staff members to come to work. Managers need to implement policies to check the temperatures of staff, and Screen staff members so that any staff members who are showing symptoms of coronavirus stay home. If a staff member has a fever and a cough comes into work, for example, the coronavirus could spread like wildfire throughout the facility and result in several deaths. We saw this happen in Washington state at the beginning of the pandemic; a few nursing homes suffered very high casualty rates due to the coronavirus spreading among staff members and residents.

Providing Proper Medical Treatment

Nursing homes also have a legal duty to provide quality medical care to residents who do contract to the coronavirus. When patients are severely affected by the coronavirus, they require around-the-clock care. Staff should also be constantly vigilant about detecting coronavirus symptoms in the residents so they can offer them treatment and remove them from the nursing home to keep the other residents safe.

As soon as a resident shows symptoms of coronavirus, the nursing home should quickly isolate that patient and quarantine them for the appropriate amount of time. When nursing homes fail to isolate an infected patient, the virus can spread rapidly. Likewise, nursing homes need to restrict vendors, caretakers, and visitors and ensure that anyone who does enter the facilities does not have any symptoms of coronavirus.

Contact an Experienced Personal Injury Lawyer Today

If your loved one has passed away from coronavirus while in a nursing home, you may have a right to file a wrongful death lawsuit. Contact Heninger Garrison Davis today to schedule your initial consultation.

Sexual Harassment in the Workplace Lawsuits: FAQ

Despite all the progress that we made over the last few decades, sexual harassment is still a massive workplace problem. Every day, Alabama employees face sexual harassment and sexual assault. At Heninger Garrison Davis, we have helped many clients file successful claims against their employers for sexual assault and harassment. We have compiled a list of our most frequently asked questions regarding workplace sexual harassment below.

What  is the Difference Between Sexual Harassment and Sexual Assault?

Sexual harassment and sexual harassment are both illegal under state and federal laws.  the main difference between sexual harassment and sexual assault is the degree of contact made by the assailant. Typically, sexual harassment happens when someone request sexual favors, makes sexual advances, makes sexual comments, or uses sexually degrading language or gesturers.

Sexual assault could also include inappropriate physical contact that does not rise to the level of sexual assault, such as knee grabbing, shoulder rubs, slapping, and pinching. Sexual assault might involve sexual attacks or rape. Sexual assault is a crime in Alabama, and sexual harassment in the workplace is prohibited by federal and state employment laws.

What is Quid Pro Quo Sexual Harassment?

The federal EEOC is responsible for sexual assault and harassment complaints. They categorize sexual harassment into two types — mainly quid pro quo sexual harassment and hostile work environment sexual harassment. Quid pro quo sexual harassment involves conduct when the harasser tells the employee that inappropriate sexual conduct is a condition of employment. For example, the manager may tell the employee that he will fire her if she refuses to have sex with him.

How Do I Prove a Hostile Work Environment?

 When sexual harassment is pervasive or severe, an employee may be able to make a claim that the employer has enabled a hostile work environment. The employee will need to prove that the employer knew or should have known of the hostile work environment and failed to stop it. Inappropriate jokes, displaying sexual pictures, repeated requests for dates, and unwelcome physical contact can also create a hostile work environment.

What are the Most Common Types of Sexual Harassment in the Workplace?

Sadly, sexual harassment is far more prevalent than most people know. In one Wall Street Journal poll, 48% of the 900 respondents claimed that they had been subjected to sexual harassment in the workplace. 41% of men claimed that they had witnessed some type of sexual harassment while on the job. The EEOC has reported that they have received an average of over 12,000 sexual harassment complaints every year since 2010.

Should I Report Sexual Harassment?

Yes, you should report sexual harassment. In some circumstances, we understand that it is challenging to notify your employer of the inappropriate behavior. Perhaps your employer is hostile to people who file complaints, or you may work in a very small office environment and you fear the retribution that could happen if you report the incident. In some cases, employers put off your ability to file a report because they do not want any possible litigation, or they ignore your report and do nothing about it. A skilled employment lawyer can help you ensure that your employer does not violate your rights as you go through the process of attempting to stop the sexual harassment and filing a claim.

 What Should I Do if I Was Sexually Assaulted or Harassed at Work?

The best thing to do if you have experienced sexual harassment at your workplace is to hire an experienced employment lawyer. You may have several different legal options at your disposal. In some cases, you can bring a complaint with the federal EEOC. In other cases, your best legal option could be to file a federal lawsuit against your employer. All of these options have time limits placed upon them, however. Whether you file an EEOC complaint or you file a civil lawsuit against your employer, you will need to do it before the statute of limitations runs out and you lose your ability to bring forth a claim.

Contact an Experienced Sexual Harassment Lawyer Today

If you have experienced sexual harassment or sexual assault in the workplace, you need an experienced lawyer on your side. You may have the right to file a discrimination claim against your employer with Alabama’s anti-discrimination agency or the Equal Employment Opportunity Commission (EEOC). We will review your case and advise you as to your best legal options going forward. Contact us today to schedule your initial consultation as soon as possible.

The Two Types of Unlawful Sexual Harassment in the Workplace in Alabama

Dealing with sexual harassment in the workplace can be extremely difficult. It can be hard to continue working in a place while you are being constantly sexually harassed. At Heninger Garrison Davis, we believe that employers who engage in or allow sexual harassment in the workplace should be held accountable. If the sexual harassment you are experiencing constitutes quid pro quo sexual harassment, or it creates a hostile work environment, you may have a right to bring a legal claim against your employer.

Quid Pro Quo Sexual Harassment

There are two main kinds of unlawful sexual harassment, including quid pro quo sexual harassment. Quid pro quo is a Latin phrase that means “this for that.” In other words, quid pro quo essentially means, “if you do something for me, I’ll do something for you.” Typically quid pro quo harassment happens when an employer or co-worker states that you must engage in a certain action, or you will experience an adverse employment consequence.

Examples of Quid Pro Quo Sexual Harassment

Quid pro quo harassment involves a sexual harasser making demands to an employee. In many cases, an employer or co-worker will demand that an employee engage in some type of sexual activity, or else the employer will fire or demote the employee. The employer might say that if the employee does not agree, they will deny the employee a promoted promotion.

Or, the employer might tell an employer that if he or she engages in a sexual activity, the employer will grant the employee a raise, promotion, or some other type of employment benefit. Quid Pro Quo sexual harassment does not have to involve sexual acts, it can include discussion of sex acts, or commentary about the employee’s clothing, body, or about what the aggressor would like to do it. Some examples of quid pro quo sexual harassment include the following:

• An employer offers to give an employee a raise if the employee kisses him or her
• An employer threatens to fire an employee who does not have sex or engage in sexual activity with him or her
• An employer offers to write a stellar employee recommendation if the employee engages in sex
• A manager offers an employee a promotion or a raise in exchange for sex
• An employer, manager, or supervisor demotes an employee who refuses to engage in sexual activities with him or her
• An employer threatens to withhold your health insurance or retirement benefits if you refuse his or her sexual advances
• An employer only allows an employee to participate in beneficial work projects if he or she engages in sexual demands
• The employee review process, or evaluation process, is based on an employee cooperating with sexual demands

Sexual Harassment Through Hostile Work Environment

When sexual harassment creates a hostile work envirotnemnt, the employee may have a right to bring a lawsuit. A hostile work environment can happen when a supervisor, co-worker, or third-party makes unwanted sexual advances, requests, or comments. The employee will need to prove that the unwanted sexual advances were repeated and unwanted. Examples of sexual harassment include the following:

• Sexual jokes or humor
• Repeated sexual advances to an employer who is unwanted
• Stopping another employee from moving freely around the workplace
• Repeated touching of a sexual nature

One of the main differences between quid pro quo sexual harassment and a hostile work einvorciment involves the pervasiveness of the behavior. For example, if your employer offers you a promotion in exchange for sex, that one instance of quid pro quo is enough to prove sexual harassment. However, you will need to prove repeated events to prove that you are in a hostile work environment due to harassment. A single comment or unwanted sexual advance is not enough to constitute sexual harassment through a hostile work environment.

Keep in mind that proving a hostile work environment does not require that your employer threatened to take a negative employment action against you. You only need to prove that multiple, unwanted incidences of sexual harassment happened and took place.

Contact Our Experienced Workplace Sexual Harassment Lawyers Today

If you have experienced either type of sexual harassment, your next step is to speak to an experienced lawyer. At Heninger Garrison Davis, we understand that discussing sexual harassment can be very difficult and painful. Our understanding legal team will review your case and help you understand your legal options. Contact us today to schedule your initial consultation.

When can Families Bring a Wrongful Death Lawsuit Against a Loved One?

Coping with a loved one’s death can be extremely difficult, both emotionally and financially. Knowing what to do after your loved one’s death can be difficult. If your loved one passed away as a result of another person’s negligent or reckless actions, you may be entitled to damages through a wrongful death lawsuit.

Many families are unaware that they can file a wrongful death lawsuit for damages for funeral costs, loss of companionship, and pain and suffering. When your loved one dies as a result of someone else’s negligence or misconduct, the surviving family can bring a wrongful death lawsuit and seek damages. There are certain requirements for bringing a wrongful death lawsuit in Alabama that we will explore.

Who can File an Alabama Wrongful Death Lawsuit?

Under Alabama law, there are restrictions as to who can bring a wrongful death lawsuit. Wrongful death occurs when another person or corporation causes a person’s death caused by a “wrongful act, omission, or negligence.” Alabama does not allow a family member to bring a wrongful death lawsuit directly. On the contrary, only a personal representative of the deceased family member can bring a wrongful death lawsuit.

In other words, if your father passed away as a result of a negligent driver, you cannot bring a personal injury lawsuit unless you have been appointed as your father’s estate executor. Representatives need to be at least 19 years of age, they cannot have been convicted of any “infamous crime,” and the executors must be competent to serve in the role of executor.

When the estate brings a successful wrongful death lawsuit, the court will award the damages from the lawsuit to family members according to Alabama’s intestacy laws. Even if the deceased individual did not have a will, in most cases, family members of the deceased individual will recover the damages from a wrongful death lawsuit.

Elements You Need to Prove to Succeed in an Alabama Wrongful Death Claim

Your estate will need to prove the defendant owed your deceased loved one a duty of care at the time of their death and breached that duty. If your loved one died due to a traffic accident caused by a drunk driver, the drunk driver breached his or her duty to your loved one. You will also need to prove causation, that the defendant’s negligence was the cause of your loved one’s death. For example, you will need to show that drunk driving caused your loved one’s injuries. Every wrongful death is unique, but certain accidents are common causes of wrongful death, including the following:

• Car accidents
• Workplace accidents
• Medical malpractice
• Slip and fall accidents
• Defective products

 What Damages can You Recover Due to a Wrongful Death Lawsuit

Alabama’s wrongful death lawsuits award damages. Successful wrongful death plaintiffs can recover punitive damages as well as burial costs. These damages can help families immensely in the aftermath of a loved one’s death. It can often be extremely difficult to pay for expenses following a loved one’s death, and medical debt can cripple the surviving family’s ability to pay.

In Alabama, the jury must consider the wrongful act of the defendant and the need to punish the defendant. The jury can ensure that the punitive damages are large enough to prevent further wrongful deaths from happening. Punitive damage awards warn other potential defendants that they will face significant penalties in the form of damages if they act in a similarly negligent manner.

The Statute of Limitations for Alabama Wrongful Death Lawsuits

If your loved one passed away in an accident and you are considering filing a wrongful death lawsuit, it is wise to speak to an attorney as soon as possible. Under Alabama law, a deceased person’s estate only has two years from the date of their death to file a statute of limitations lawsuit. Speaking with an experienced lawyer will help you ensure that your loved one’s estate files a wrongful death lawsuit in time. At Heninger Garrison Davis, we will help meet the deadlines for the statute of limitations.

 Contact Our Experienced Alabama Wrongful Death Lawyers Today

At Heninger Garrison Davis, our lawyers have extensive experience helping individuals obtain compensation for wrongful death lawsuits. The sooner you speak to an experienced lawyer, the better. Contact us as soon as possible to schedule your initial consultation and learn how we can advocate for you.