Red Bull Settles False Advertising Suit

Have you purchased at least one can of Red Bull energy drink over the past 10 years?

If so you may be entitled to up to $10 in cash or two free Red Bull products worth $15.

That’s because earlier this year, Red Bull settled a class action law suit filed against it.  The suit claimed that Red Bull was deceptive and lied in its advertising.

At issue is the company’s claim that it is a superior source of energy to other alternatives, thereby warranting its higher price.  Included in those alternatives was a simple cup of coffee.

Turns out, however, scientifically that claim is not accurate.  In fact, an 8.4 ounce can of Red Bull contains 80 milligrams of caffeine whereas a regular cup of coffee contains 115 to 175 milligrams of caffeine.  Since the energy-boosting effects are said to come from caffeine, Red Bull’s claim of superiority goes right down the drain.  A person could get the same — if not even better — results from a cup of coffee which is less expensive than a Red Bull.

Athlete and product liability lawyer Doug Landau has been consistent for decades in his warning against consuming any energy drinks, body-enhancing supplements, or other artificial products in an effort to boost performance or energy.

“These products mess with a person’s natural body mechanisms and should be avoided.  Add to that the deceptive marketing of the products’ manufacturers, and I would stay away from them at all costs,” says Landau. “I hope all manufacturers of these types of products are hereby placed on warning that their deceptive advertising techniques will not be tolerated, by consumers or by the law.”

If you purchased a Red Bull in the last 10 years, you don’t need proof of purchase to file a claim.  Simply visit energydrinksettlement.com and file a claim by March 2, 2015.

If you have questions about the safety of energy drinks, performance enhancing supplements, or other products you may have used, email or call Abrams Landau, Ltd. at (703-796-9555).

 

Burke Lake Veterans Day Race Raises Funds for Wounded Warrior Project

How  often do you get to run a mid-day, mid-week race for a terrific cause in great weather ?  Plus, it was an 11k on November 11th – Veteran’s Day.  Get it ?  an 11k on 11/11/11 !

The Veterans Day 11km at Burke Lake Park raised money for the Wounded Warrior Project. Doug Landau won the over 50 division

The Veterans Day 11km at Burke Lake Park raised money for the Wounded Warrior Project. Doug Landau won the over 50 division

The 2014 Veterans Day 2014 “Run Eleven”  by Metro Run & Walk featured a competitive 11k Run and 5k Run/Walk.  Taking place at the Amphitheatre at Burke Lake Park, Nova Race Timing had results up quickly for this mostly cross country event. Finishing in the top 10 overall, Herndon Virginia injury and disability lawyer Doug Landau used the race to get ready for the weekend’s USAT&F National road race 12km championship in Alexandria, Virginia.  Maintaining an average heart rate of 174 bpm, Landau hopes to run with the same intensity on the flat, fast Old Town course.

The Fairfax County XC course fun running events raised over $3000 for The Wounded Warrior Project!  Click here for results for the 11km.

Contributory Negligence in Virginia

The several Spotsylvania and Fredericksburg bike crashes remind us to preview the race courses for strategy AND safety

When a cyclist is injured in a crash with a motorist, the doctrine of contributory negligence makes it difficult for the injured plaintiff to recover damages in VA, MD & DC.

The doctrine of contributory negligence stands for the proposition that if an injured person’s injuries were caused in any part by his or her own negligence, he or she is not entitled to collect any damages (money) whatsoever from the party that was the major cause of the crash.

Contributory negligence is really an outdated legal doctrine and has, in fact, been replaced by the doctrine of comparative negligence in all but 4 states and the District of Columbia.  In our area, notably Maryland, Virginia, and the District still adhere to the notion of contributory negligence.

Under the more modern “comparative negligence,” or “comparative fault” the compensation received by an injured plaintiff may be reduced by the degree to which his or her own negligence contributed to an accident, but it is not eliminated altogether.  In other words, if a cyclist is adjudged to be 10% at fault for causing a crash because he or she was going several miles over the speed limit, the drunk driver who was going 30 miles an hour over the limit without his or her lights on at night would be responsible for 90% of the harms and losses.

The Washington Area Bicyclist Association (WABA) is working with lawmakers in the District of Columbia to update DC’s laws to the comparative negligence standard for crashes between drivers and pedestrians or bicycles.  The WABA website has excellent information on this effort, including great examples of situations where the current standard of contributory negligence would result in absolutely no recovery for an injured cyclist in DC.

WABA is advocating for passage of the Bicycle and Motor Vehicle Collision Recovery Amendment Act of 2014Click here to read about WABA’s efforts.

At the Abrams Landau law firm, we are well-versed on the doctrine of contributory negligence and how it impacts our injured clients in VA, MD, DC and other states.  Essentially, contributory negligence makes injury cases extremely difficult to win. It makes them an “all or nothing” proposition in those states that cling to this outdated doctrine.

Therefore, when we take a case on behalf of an injured cyclist, pedestrian, etc. we spend a great deal of time, effort, and money researching and preparing.  We interview police and other witnesses, survey the scene of the accident, study medical records and test results, and collect any other information that may be helpful.  For many cases, we take a “practice run” before the actual trial by conducting a mock trial.

We are hopeful that, with WABA’s support and advocacy, the District of Columbia can set the stage for other states in our region to do away with contributory negligence and replace it with comparative negligence.  If you or someone you know has been injured due to the negligence of another party and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).

US National 12 KM Road Race Running Championships Return to Old Town Alexandria Virginia; Doug Landau Makes the Elite Field Broadcast

 

Woodrow Wody Wilson & Doug Landau

At the finish line of the US Masters 12 km road running championship, Herndon Virginia lawyer Doug Landau was greeted by former President Woodrow “Woody” Wilson

Any time there is a National Championship nearby, Herndon Virginia lawyer Doug Landau dons his racing flats and dukes it out with the best athletes in the country.  Lawyer Landau has competed in the USAT&F Indoor Track Masters, 12km Road Race, Cross Country (8km & 5 km), as well as the USA Triathlon DUathlon, Sprint & Olympic Distance Triathlons, Aquathon, and AquaVelo National Championships on the East Coast.  “The competition is always first rate, and in those races where I do not qualify for the world championships, I at least get a healthy serving of ‘humble pie !’ The main reason I keep up my USA Track & Field membership is so that I can compete against faster runners, especially in the Winter.”  To see Landau in the opening mile of this National Championship, click the USA Track link and then go to 9:45-10:05, as the men’s field started about 10 minutes after the elite women.

National Championships medals adorn his desk at the Landau Law Shop. Other race medals are often sent to the West Coast, where Landau’s father-in-law has made a wind chime out of the swift attorney’s hardware !

Doug Landau on USA Track TV

The USA Track & Field TV motorcycle team caught Lawyer Landau on the run at the beginning of the 12km Nationals

While the Multisport season is over and outdoor cycling will have to wait until the temperatures return to the 70′s, the Herndon injury and disability lawyer intends to race in some Fall and Winter road races, in distances ranging from the mile to 7.5 miles (12KM).  “Even if you are not in peak form, it is important to keep tabs on your fitness and top end speed by racing against faster athletes,” notes Landau.  “You must be unafraid of the competition and, as with trying cases in court, the more you do it, the less anxious you tend to be.”

It was a cold day in Old Town Alexandria, where the USAT&F 12 km road racing championships took place on a frigid morn by the Potomac River. Much of the 7.5 mile course was on the George Washington Parkway, which was closed to vehicular traffic. Landau was the race director of the “Four Bar 4 Miler” race which, like Sunday’s National Championship, used Oronoco Bay Park as its staging area.  “There are very few road running races in Old Town Alexandria, so this was a real treat to return to where I had logged so many miles and had my office for so many years.”

Hoping to “coast” on some of his DUathlon & Triathlon season success, he once again finished last in his age group in the Masters National Championships, though ahead of over 600 in the open race. Landau enjoyed watching the Elite women and men on this flat, fast “out and back” course.  However, he did not stop shivering until he hopped into the tub, with his clothes on, at home ! The rest of the day was spent reading, relaxing and preparing for the week’s trials, trips and some winter training…

Louis Garneau Bike Helmet Recall

Recalled Louis Garneau Bike Helmet If you purchased the helmet shown to the left — or a similar one in color combinations white/blue/gray or white/silver/white — either online or at a bike shop nationwide between January 2014 and September 2014, you should immediately stop using it and return it to the company for refund or replacement.

The Louis Garneau P-09 aerodynamic helmet is model number 1405362.  This $280-350 helmet can be rendered ineffective in preventing injury from impact when worn in cold temperatures.

Athletes lawyer and cyclist Doug Landau uses Garneau products — both their helmets and shoes — and likes them very much.  However, some of the high end, “aero” helmets may not last as long as traditional bike head protection, and extremes of hot or cold weather can also affect their safety performance.

“I hope my fellow cyclists who have and use this helmet will see this recall notice BEFORE the cold temperatures of winter set in,” notes Landau.  “Using defective sports safety equipment can be disastrous in the event of an accident.”

If you have the affected product, contact the company:

By Phone:  800-448-1984 (M-F 8am-6pm ET)

By Email:  customerserviceusa@louisgarneau.us

Online: http://www.louisgarneau.com/us-en/

For more information visit the Consumer Product Safety Commission website.

If you or someone you know has been injured while using a defective sports product or equipment, and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).

 

Manassas Duathlon Ends Season at George Mason University Prince William County Campus: Landau Best In Class

Age Group prize winners Eugene Diefenbach (25-29) & Herndon VA lawyer Doug Landau after finishing the Manassas GMU DUathlon

Age Group prize winners Eugene Diefenbach (25-29) & Herndon VA lawyer Doug Landau (50+) after finishing the TRI IT NOW Manassas George Mason University DUathlon

The “Du It Duathlon” at the GMU Prince William campus was another wonderful event directed by experienced RD Ina Nenninger of “Tri It Now”.  While it was cold and dark when Herndon injury lawyer Doug Landau arrived at the Freedom Fitness Center  at “O-Dark Stupid”, the temperatures stayed comfortable as the sun rose for the 1.5 Mile Run, 8.0 Mile Bike, 1.5 Mile Run. Making the race more challenging than the distances would suggest, were the cross country elements on the runs (grass, dirt, boards, paths) and 26 turns on the 3-loop bike course ! The event was scored by Amazing Race Timing, which had the results up very quickly.

Ms. Nenninger had series, age group, overall and random awards such that several people came home with multiple prizes ! Plus, several of multisport athletes took advantage of the Freedom Center’s championship pool, as well as the hot tub, sauna, showers and locker room. Landau commented, “It is great to not have to drive home sweaty, stinky and cold!”

VIrginia's best lawyer to see "in action," Doug Landau immediately after finishing the Tri It Now DUathlon at the Manassas Campus of GMU

VIrginia’s best lawyer to see “in action,” Doug Landau immediately after finishing the Tri It Now DUathlon at the Manassas GMU Campus

Landau’s goals were: finish in under 45:00; not crash on the constant bike turns; try out his “pyro Platforms” instead of wearing bike shoes; finish in the top 10; not let anyone pass him on the 2nd run; win his age group; enjoy a relaxing swim and hot tub at the Freedom Center after the race. Accomplishing all of his goals, Landau treated himself to a nap later in the day. As the Herndon injury lawyer intends to race at the World Championships in the Sprint Duathlon distance (Run 5 km, Bike 20 km, Run 2.5 km) in Australia next October, these shorter races will help him evaluate his “top end speed” so as to gauge his needs during the winter “base building” phase of training.

“No doubt I will not be racing as frequently in the run up to the National and World Championships. I will, instead use some weekends to put in some concentrated training and “brick workouts” to better prepare to represent the Commonwealth of Virginia and the United States successfully in 2015.  I would like to break an hour at DU Worlds.”

If you would like to see Lawyer Landau “in action,” you need only consult the schedule published in the newsletter, call the office or e-mail us.  Landau is the only lawyer with an “Open Book Policy.” His date book is an open book for all public appearances, whether races, cases, speeches, teaching, etc. So, while he will be racing less frequently in 2015, he will still be competing each month, trying cases throughout the East Coast, teaching lawyers and at various schools, as well as participating in other public service events, much as he has in the past.

Are You Able to Out Run the Berryville Virginia Zombies ?

Have fun at Saturday afternoon's "Zombie Run" in Berryville

Have fun at Saturday afternoon’s “Zombie Run” in Berryville

Looking for a unique, family-friendly running event that does not start in the early morning ? Runners, Walkers 10 years and up can have a great time at the wonderful Chet Hobert Park in Berryville this coming Saturday evening. The “Zombie Chase 5km” is a 2-part race where 5 km RACERS (runners & walkers) are chased by ZOMBIES. The RACERS will have race numbers AND a “survival belt” similar to flag football that will serve as their “lifelines.” The RACERS’ goal is to finish with their lifelines intact, while the ZOMBIES’ goal is to collect lifelines from racers !

"Zombie averse" injury lawyer Doug Landau, with Clarke County Virginia Park & Recreation, staff points out Race Director Tracey Pitcock

“Zombie averse” injury lawyer Doug Landau, with Clarke County Virginia Park & Recreation staff after a long run after court in Berryville, points out Race Director Tracey Pitcock

Get your team together, dress up and burn off some calories as you are being chased by Zombies. For more information about Race Awards, Costume Awards, Zombie Parade and afterparty… click here to download race application, or contact Tracey Pitcock, Recreation Program Coordinator, Clarke County Parks and Recreation, 225 Al Smith Circle, Berryville, VA 22611 (Tel. 540-955-5149), tpitcock@clarkecounty.gov and on on the FaceBook.

Having been in trial at the Berryville Virginia Courthouse the last 2 weeks with clients and witnesses from Winchester, North Carolina, West Virginia, Florida, Doug Landau has had a chance to run around the grounds of the Clarke County Recreation complex.  It is a perfect setting for this fun family fitness activity. You can be a ZOMBIE, a RACER or a spectator. “Health Stations” will be available.  They are “Zombie-Free” so that RACERS can stop comfortably without the threat of their lifelines being stolen.  There are even prizes for ZOMBIES with the most lifelines and costumes.  The race takes place rain or shine, with refreshments, an after-party, and raffle afterwards.

Health Club and Gym Safety – Maintenance and Consistency

Fitness Center

Some clubs, like this “deluxe” example, are kept very clean and safe, but memberships are costly. Others are not well maintained, and members’ health is put in jeopardy

With the weather turning cooler, athletes and fitness buffs will be turning to indoor venues for their exercise.  Gyms and health clubs are places where health should be improved, not endangered. Yet when maintenance is not a priority, and equipment is not cared for properly &/or on a consistent basis, members’ safety is put at great risk. Plus, the economics of the fitness industry tend to cause many gyms to devote employee resources to membership sales and personal training contracts.

Speaking with experts in the health club and fitness industry, Herndon Virginia injury lawyer Doug Landau has noted that many gyms:

  • keep exercise equipment past their useful lives,
  • do not repair or replace in a timely manner, or
  • do not have a consistent “sweep schedule” to reveal broken machinery, missing pieces, or “accidents waiting to happen.”

Other clubs do not renew the maintenance policy with the equipment manufacturer, and then fail to provide their own in-house exercise equipment upkeep plan.

Having received a number of calls for injuries at gyms, Landau believes there should be minimum standards for all health clubs, gyms and exercise facilities and a national certifying body for those clubs that wish to commit to the safety of their members and staff.

Landau’s grandfather Abrams (for whom the law firm is named) used to say, “you get what you pay for.” So for those clubs which only cost a few dollars a month, consumers should make sure that they are not in bad shape with minimal staff, maintenance, and cleanliness.  Gym members should be on notice that their health are at risk when clubs are not operated with safety as a top priority. On the other hand, many people may not be aware of latent dangers that exist when exercise equipment is not properly cared for and staff is not aware of how to properly use sophisticated machines.  Still other gyms do not invest in the tools necessary to properly fix machines when they break down.

If you or someone you know has been injured due to poorly maintained fitness equipment at a gym or fitness center and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).

Lawyer Landau Violates California Speed Limit – On Foot!

Doug Landau under a 8 mph speed limit sign

Would Virginia lawyer Doug Landau be ticketed for running faster than 8 mph in the recent Hermosa Beach Sprint Triathlon?

While previewing the race course for this past week’s Hermosa Beach Sprint Triathlon, Virginia injury lawyer Doug Landau noted some peculiar signs all along the California’s Pacific Coastal Highway (“PCH”).

Doing his customary “scouting trip”, so as to know where to go on race day, Landau parked his car below the PCH and rode a borrowed bike over the cycling and running courses.

The east coast triathlete trial lawyer was surprised to see signs stating a speed limit of 8 miles per hour!

Landau knew this was a 7:30 per mile pace on foot. The Herndon accident attorney has run a faster pace at every single race he has competed in during the 2014 multisport season. Concerned that the police might write him a ticket if he ran faster than the posted speed limit for bicycles, skateboards, rollerblades, etc., Landau checked with local police so as not to run afoul of southern California law.

The Dulles airport area lawyer was advised that police would not be ticketing athletes who ran faster than 8 miles an hour. Armed with that information, Landau ran sub seven minute miles to pass athletes the entire time he ran along the Pacific ocean.

However, Landau noted after the race he would have liked the speeding ticket for running faster than the posted speed limit. “It would’ve made for one heck of a souvenir,”  he joked.  “However, the finisher’s medal, the podium, and the other swag were more than enough to make for a memorable day at the beach. Plus, I had my wife and daughter with me to enjoy the day in SoCal.”

Bike Insurance for Cyclists and Their Bicycles

Doug Landau and Jay Paul

Experienced Richmond-area insurance agent Jay Paul, pictured with attorney Doug Landau, can help bicyclists and other athletes secure adequate insurance to protect their expensive equipment as well as themselves from risks associated with cycling, racing, transporting equipment, etc.

When you spend $5,000 to take part in an Ironman or other endurance sports competition, the last thing in the world you want to happen is your bike to get lost, stolen, or crushed. You also do not want to be fighting with your insurance company because the Airline Agent (with no bike racing experience) cannot believe anyone would pay more than $500 for the right bicycle!

Experienced Herndon bicyclist and lawyer Doug Landau receives inquiries each year from frustrated bike racers, triathletes, and bicycle tourists.

So what can a conscientious bicycle rider do, when he or she owns an expensive bicycle with costly components, attachments, and gear?

To find the answer to this pressing question, lawyer Landau went to Richmond to meet with Jay Paul, an experienced insurance broker and multisport athlete himself.  Jay Paul has completed triathlons, Xterra races, running events. Jay is also on the board of the Richmond Sports Backers.

His company has a number of special insurance products that are just perfect for Ironman athletes, cycle tourists, bike racers, or shorter distance triathletes who have invested a lot of time, effort, and money in making their bike – and themselves – the best they can be.  Coverage for trip insurance, the bicycle itself, the athlete, and even those situations where a bicycle crash is the fault of no one but the rider, are all products Jay is capable of explaining and providing.  For an athlete who travels to international races or competes in several major events each season, these insurance products make sense as an investment to protect their equipment and peace of mind.

Landau explains, “One of the things I like about Jay Paul is that he is located here in Virginia, and actually “walks the walk” and “talks the talk”.  He understands the needs, concerns, and liabilities of cyclists. It is a good fit for the needs of so many of my clients, fellow athletes, and callers.”

For more information about Jay Paul and the products available, click here.

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.