The Athlete's Lawyer

With the warmer spring weather now upon us, TriathonTrialLawyer Doug Landau is seeing more cyclists on the trails and roads.  Landau hopes to soon be rolling down from the ABRAMS LANDAU building to join the Reston Bike Club evening rides that start a stone’s throw away in the Herndon Municipal parking lot at the 20 mile marker on the W&OD Trail.  However, it is better to be a safe and smart cyclist than first out of the lot and in the peloton.

One strategy for safe cycling is to travel in manageable groups.  There is “safety in numbers” and if you go down due to equipment failure or defective product, having your mates nearby can be invaluable, both physiologically, as well as psychologically.  I have flatted more than once or had “bike frame issues” and been glad that my buddies were with me, had the right spare parts, and even came back to pick me up.  Also, if the group is communicating well with hand signals and audible instructions, you have the benefit of multiple eyes and ears on the road.  Having everyone scanning the roadways for speeding drivers, distracted motorists and inattentive pedestrians, can save you from a lot of pain, disability  and lost training time.  Also watch for opening doors, where the person leaving their car or truck is not looking out for cyclists.  To the person exiting the car, van or truck, bicyclists are relatively silent, small and speedy.  So this Spring, be smart, be safe, and be  careful.

Books that heavily influenced my running training include:

“Neuromuscular Mechanisms for Therapeutic & Conditioning Exercise,” (University Park Press, 1976) by my Professor Howard Knuttgen, Ph.D. Dr. Knuttgen, was the Associate Dean of the Sargent College of Allied Health Professions at Boston University, where I studied human physiology, ergonomics, anatomy and exercise science.

“Winning Running (The Oregon System: A mental and physical approach to competitive running)”, by Bill Dellinger (Contemporary Books, 1978). Dellinger, the Head Coach at the University of Oregon, was the National cross country “coach of the year” when this book came out, and his team was National cross country champion the year before. Following the book’s training schedules, I was able to run some very fast times (i.e., 16:35 5km, 28:52 8km, 36:04 10km). Read the rest of this entry »

Today’s Virginia Lawyers Weekly reported the case of a 12 year old who was injured at a popular race venue where the Big Lick Outback Triathlon and other races are contested. Familiar with this popular recreational lake and State Park, TriathlonTrialLawyer Doug Landau notes that operating a motor boat at high speeds around children can be a recipe for disaster. This case illustrates the sad consequences of not one, but two negligent operators of motor boats and a child new to water sports. Herndon Reston injury & disability lawyer Landau finds this case to be another example of how Virginia law allows the injured victim to recover from TWO negligent drivers for the same accident, when BOTH DRIVERS contributed to the Plainitiff’s permanent injuries.

The facts are as follows: on July 2, 2005, traveled to Smith Mountain Lake with her family. This girl had little to no boating or water sports experience, but Read the rest of this entry »

In this tragic case, a woman drowns in a pool, causing brain injury and death. Her counsel alleged failure to follow pool operations manual and universal lifeguarding techniques. The 26-year-old plaintiff was enrolled in swimming lessons to learn how to swim for her honeymoon. Her classmates called her a “sinker” because she could neither tread water nor swim the width of a pool. This case hits especially close to home, as Dog Landau is a “sinker” who did not learn to swim properly until he was in Law School. That’s right, the “TriathlonTrialLawyer,” an All American Sprint and Olympic Distance triathlete, was a “sinker” at the local Y, and only swam the breast stroke, since that’s the only stroke where he could keep his head above water. Even today, he prefers “wetsuit legal” races, as the added buoyancy gives him greater security.

According to the April 2009, AAJ Law Reporter, the facts of this case were as follows: After a swimming lesson, the instructor left the pool area while the plaintiff was in the deep end of the pool without notifying the on-duty lifeguard of her presence. Shortly afterward, a swimmer notified the lifeguard that there was a body at the bottom of the pool. Several lifeguards pulled the young woman from the pool, but she was unconscious and not breathing. She suffered brain damage and was put on life support, which was removed a few days later after she was declared brain-dead. Read the rest of this entry »

In this case, the Federal Administrative Law Judge (“ALJ”) found that the fact that the plaintiff’s treating doctor prescribed exercise as part of her treatment regimen indicated that she was not disabled. On appeal, the Federal District Court found that recommending to a morbidly obese individual that she try to lose weight through exercise, “is in no way inconsistent with the conclusion that at the time such advice was given, the individual was capable of working.” Branch v. Commission of Social Security, #1:07CV0026 (N.D.Oho, 11/9/07).

Furthermore, the court on appeal noted that the AJJ “fly-specked” one item from the doctor’s notes. “[T]his one line…excerpted from the totality of the doctor’s patient’s notes does not create an inconsistency with the conclusion that the plaintiff is disabled.” The court noted other improper findings by the ALJ, including that the treating doctor’s opinion should have been given great weight. At ABRAMS LANDAU, Ltd. we seek not only the treating doctors’ opinions, but also the family doctors, therapists and surgeons. By having several health care providers supporting disability, our clients can withstand attacks by judges like this ALJ, and we can win their Social Security Disability cases. If you know someone who is considering or in the process of applying for Social Security Disability, call us so that we can help. Just like a cross country race, you don’t want to start down the wrong path. Call our experienced Social Security Disability trial team today at 703-796-9555.

1. Pay attention multi-sport athletes who wish to compete in the Virginia Triathlon Series in 2009. There are new rules and terrific prizes for participants. TriathlonTrialLawyer Doug Landau won his age group in 2007, finished out of the money in 2008 behind two of his clients (!) and did not compete in enough races in 2006, despite having a prize- winning average. So it pays to know Read the rest of this entry »

This year, the State Highway Administration and Motor Vehicle Administration are trying to make conditions safer for motorcyclists and other motorists through new programs, including an intermediate motorcyclist course. The rider courses are aimed at making bikers safer. Cyclist’s safety and education are important to Herndon Reston Virginia injury and disability lawyer Doug Landau. According to the Herald Mail, a spokesman for the Maryland State Highway Administration, said the agency was targeting motorcycle safety as part of its “12 Months of Safety Campaign.”

Motorists need to be aware that classes and tips on riding are available through both agencies. The concern for motorcycle operators and motorists around them is growing because of the increasing popularity of motorcycle riding and the likelihood of accidents. There were 48 motorcycle-related fatalities in Maryland in 2003 and 52 in 2002, said Philip Sause, coordinator of the MVA’s motorcycle safety program. He said at least half of those involved riders who did not have proper training on Read the rest of this entry »

Many cyclists, including Reston Virginia spine, brain and head injury lawyer Doug Landau have been chased by dogs while on training rides. While dog bites and attacks are not infrequent, and motor vehicles have been totaled by deer and cows, injuries caused by other animals are rare. Triathlon Trial Lawyer Landau even successfully represented a plaintiff whose Mercedes limousine was totalled by a deer outside of Winchester, Virginia !

The San Francisco Chronicle reported last week that a Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003. The jury ruled Friday that the state was responsible for the cyclist’s head and other injuries because officials knew that wild pigs regularly crossing a highway were creating a dangerous situation, but they did nothing to address it.

The injured plaintiff, a 45-year-old former karate teacher and champion kickboxer, suffered serious injuries and is now confined to a wheelchair. The injured biker and his wife sued the state Department of Transportation (“DOT”) in Monterey County, California Superior Court. The defense attorneys for DOT argued that the state was not responsible for the actions of wild animals. The Defendant’s lawyers also alleged the now wheelchair-bound plaintiff was under the influence of Read the rest of this entry »

VTS Pre Season Update

The 2009 triathlon season is here and it is the 5 year anniversary of the VTS ! Set Up Events made some great additions to the series this year with new events at Lake Anna and in Christiansburg.
UPCOMING EVENTS:

3/28 – Manassas Park Festival of Races – 5K, 10K, 10 Miler. Staged out of Signal Hill Park, this is a new Northern Virginia running event we are timing.

4/4 – Smithfield Sprint – Pool Swim Sprint – 10AM Start – 175 Slots Left. A flat, fast course and post race BBQ await all athletes. Black hooded sweatshirts for all those fast enough to place. Come out to the first event of the 2009 VTS and check your
legs.

4/18-19 – Rumpass in Bumpass – International & Sprint Triathlons- 10AM Start -50% Full Read the rest of this entry »

In 2005, after years of training, competing and waiting, I was able to represent the United States and compete in Triathlon at the Maccabiah Games in Israel. The Olympic Distance race consisted of a mile swim, 25 mile bike ride through the city and then a 6.2 mile race over the hills and dunes of Ashkelon, Israel. After winning the gold medal for my age group (and finishing in the top 20 in 2:20 on the hot sand dunes above the Mediterranean in Ashkelon, I was also able to race in the Half Marathon in Ashdod several days later. Getting to know and travel with these teammates from all over the United States was one of the highlights of my sporting experiences. Shown to the left after the opening ceremonies march in el Aviv, I have tried to stay in touch with team members and have visited and trained with them all over the country.

I had hoped to help the 2009 team at these quadrennial games. As the only returning member, I had met with members of this year’s team in New York City and participated in training conference calls and web postings. And, I had hoped to defend my gold medal in the same age group. In fact, I had also made the half marathon team, and expected to compete in the 40km. bicycle “tyme trial” – 3 events, a real “triathlon triple.” However, in assessing where I am at this time, I had to make the very hard decision to give up my spots on the Triathlon and the half marathon running teams. I hope that my replacements meet with success, are awed by the sights they see in Israel, and bring home memories to last a lifetime. Shalom.