The Athlete's Lawyer

Double Down Race Directors presented Herndon Injury Lawyer Doug Landau with his medal after he completed the Runners Den 5km and 10km races in Phoenix, Arizona before the Association fort Justice CLE sessions resumed

Just as the best trial lawyers plan successful case trials well in advance, top endurance athletes often decide on pace, nutrition, gear and even sleep well before the day of the race.  Such was the case with today’s race, where sprint specialist Doug Landau was going to be running over a half-marathon in total distance.  Rather than run with other lawyers at the Scottsdale Convention site, Triathlon Trial Lawyer Doug Landau chose to run in the competitive 34th Annual Runners Den 5k and 10k races in Phoenix, Arizona.  To do so successfully, the Herndon sports injury lawyer had to contend with Read the rest of this entry »

Every Vasa bike rider gets HOT berry soup, courtesy of the Swedish Embassy located in Georgetown !

OK, I have a confession.  I like Swedes.  I like their embassy in DC.  I like the embassy’s views of the Potomac River.  I like the VASA ride.  But I really like the HOT BERRY SOUP !  So sign up no – there are only 100 spots left, and enjoy a ride through DC, along the Potomac River, up through Maryland and then tour the embassy in Georgetown.  It’s a great winter workout, with several distance options.  And especially enjoy the berry soup !

Virginia bikers sent me word of a German biker struck by a truck and now on life support at Carillion hospital in Roanoke.  This brought back sad memories of being called to INOVA Fairfax Hospital after my clients, who were also in the United States for bike touring, were struck on Route 55 in Fauquier County, outside of Warrenton.  In fact, I will be trying a case next month in a Court outside of Richmond, Virginia, for a German exchange student who was injured in a Chesterfield County car crash.

As I wrote on the Virginia Bicycling Federation site:

Our hearts go out to this German biker and his family. Having represented catastrophically injured German bikers, it is very important that there be a stenographer present for the December 6th Court case. Virginia General District Courts are “Courts NOT of Read the rest of this entry »

Usually excited for the swim to get underway, Reston triathletes will not compete in Lake Audubon this weekend due to safety issues

Due to the torrential rains that have struck Northern Virginia, the dedicated directors of the annual Reston Triathlon have decided to eliminate the swim for only the second time in the popular multisport event’s history.  The following was posted on the Reston Triathlon Association‘s web site:

Swim portion of the 28th annual Reston Triathlon has been canceled. Our lake official has been checking the lake since yesterday and has come to the decision that in the interest of safety it is not safe to swim in the lake…there is widespread disappointment but “Safety Is First.”

All racers will be notified by email of the cancellation and of plans for a replacement run as soon as the board has met to determine the details.

Triathlon Trial Lawyer, All American Triathlete and Virginia Triathlon Series (“VTS”) race sponsor Doug Landau adds that racers should also be mindful of debris on the roads when cycling, and perhaps “preview” the course once again since the storms have ended.  Tight turns with washout, leaves, bark and other organic matter on the pavement and an early morning start can all contribute to less traction on the road surface.  “Let’s all bike safely – the Reston Triathlon race directors cannot sweep every centimeter of the race course, and road flooding requires extra vigilance on the part of all participants.” adds Herndon Reston lawyer Landau.  “In light of these changed conditions and as I have at least 2 more VTS competitions this season, I am not going to be putting the ‘pedal to the metal’ Sunday.  I encourage all participants to enjoy the race, the shwag and the comraderie and ride safely.”

Herndon injury attorney and Masters Triathlete Doug Landau was told he was “crazy” for inviting potential clients, existing clients and their friends and families to come see him “in action.” Other experienced trial lawyers attending the American Association for Justice’s National Trial Lawyers convention in New York City this summer, confessed that they would never consider having injured, disabled and out of work clients come and learn how and where their cases would be decided. Yet that is exactly what we do every at the Herndon law firm ABRAMS LANDAU, Ltd. Here are cases, meetings, volunteer work, athletic competition and Continuing Legal Education (CLE) programs currently on the calendar this Fall:

• 9/7/2011 Manassas, VA: Virginia Workers Compensation hearing, slip and fall at a federal facility job accident case.
• 9/8/2011 Washington, DC: Trial Lawyers Association of DC “Meeting with the Judges” (CLE), at The University Club, 16th Street, NW, preceded by a program introducing the OsiriX software for Macintosh computers
• 9/09/2011 Alexandria, VA; U.S. District Court, Eastern District of Virginia, Alexandria Division, Motion in Limine (to exclude irrelevant evidence) in union construction plumber’s shopping mall on the job slip and fall case
• 9/10/2011 Reston, VA: South Lakes High School, bicycle helmet safety inspection and athlete registration volunteer for the Reston Triathlon
• 9/11/2011 Reston, VA: Lake Audubon, compete in Reston Triathlon,
• 9/15/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 9/18/2011 Winchester, VA: Warrenton Aquatic & Recreation Facility, compete in Virginia Triathlon Series (VTS)
• Sprint Triathlon, currently in 4th place in the Age Group, Landau hopes to again win the Series by accumulating enough points in addition to Masters and Age Group awards. ABRAMS LANDAU, Ltd. is a sponsor of the series.
• 9/20/2011 Fairfax, VA: Fairfax County Circuit Courthouse, Ethics and Social Networking CLE program sponsored by the Fairfax County Bar Association.
• 9/22/2011 Williamsburg, VA: Virginia Workers Compensation hearing, job vehicle accident case, late payment penalties
• 9/22-25/2011 Atlanta, GA: American Association for Justice (AAJ) College, Sheraton Atlanta Hotel, (CLE)
• 10/02/2011 Spotsylvania, VA: Acorn Sprint Triathlon, Lake Anna Beach marina, final competition in the Virginia Triathlon Series, Bumpass, VA
• 10/03/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 10/5-6/2011 Monroe, LA: Social Security Administration, Disability claim before an Administrative Law Judge on a case remanded from an unfavorable decision for a client for whom ABRAMS LANDAU was successful in his car crash and related workers comp claims.
• 10/6-9/2011 Bergen County, NJ: Client visit, returning to volunteer at High School Parents Weekend, McLean, VA
• 10/10/2011 Richmond, VA: Mediation in a Virginia Workers Compensation claim for a disabled nurse with a Tidewater area insurance defense firm, even though the office is closed for the Columbus Day holiday.
• 10/12/2011 Fairfax, VA: Virginia Workers Compensation hearing, health care provider’s slip and fall brain injury case; the original claim was won, but when additional brain surgery was needed, the insurance company disputed that it was related to the original, on the job fall on the ice and refused to pay the medical bills.
• 10/13/2011 Fairfax, VA: District Court of Fairfax County, monitoring the Traffic Court prosecution of the defendant whose unsafe driving caused permanent injury and death.
• 10/15-16 Williamsburg, VA: Old Dominion University Department of Accounting, compete in annual 5km.
• 10/17/2011 Fairfax, VA: Virginia Workers Compensation hearing, nurse’s car crash back and head injury case. The original claim was won (covering her spinal surgery) and her car crash liability case settled for policy limits, but when additional traumatic brain injury case was sought, the insurance company disputed that it was related to the original, on the job crash and refused to pay the medical bills.
• 10/19/2011 Manassas, VA: Virginia Workers Compensation hearing for a Michigan client with a back injury
• 11/3/2011 Fairfax, VA: Virginia Workers Compensation hearing, after winning permanent and total disability hearing against the Department of Disability Services, seeking van modifications and other additional benefits
• 11/4-6/2011 Lakeville, CT: Volunteer Leadership Weekend, The Hotchkiss School
  nurse’s car crash back and head injury case.
• 11/11-13/2011 Richmond, VA: Virginia Trial Lawyers Advanced Workers Compensation retreat, (CLE) Courtyard by Marriott West
• 11/12/2011 Richmond, VA: Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival, compete in 8km. road race.
• 11/18/2011 Herndon, VA: Herndon Community Center Annual Turkey Trot 5km cross country race (in the afternoon, just blocks from the Landau Law Shop !)
• 11/23/2011 Glen Ridge, NJ: United States Track & Field-NJ Championship Road Race, Ashenfelter 8K Classic, benefiting the Glen Ridge Educational Foundation (Landau Law Shop closed for the Thanksgiving holiday)
• 11/30/2011 Colorado Springs, CO: Triathlon World Championship Age Group Sprint Distance qualifiers, like All American Doug Landau, international paperwork for competition in Auckland, New Zealand, October 14-22, 2012

If you want to see Triathlon Trial Lawyer Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial, judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.  Several races and court cases (including a complex Interpleader for insurance policy limits in Chesterfield Circuit Court as the result of a single car crash injuring several international exchange students) have already been cancelled and postponed due to Hurricane Irene.  Herndon Reston area injury lawyer hopes to see you soon !

or the crazy !  This was no “April’s Fools” but real white precipitation !

Ed Allen and Herndon injury lawyer Doug Landau enjoy the warmth of The Homestead

With snow flakes falling in South West Virginia, the lawyers, judges and legislators who signed up to play in the Annual Norman Landau Cup at the Virginia Trial Lawyers convention had to not only contend with a challenging Homestead golf course, cold and wind, but the possibility of losing their balls in the snow !  There was scant accumulation, but while jogging today in order to familiarize myself with tomorrow’s fun run course, where I would serve as a race volunteer, I noted it was hard to see the balls being hit when the flakes were falling !  Hopefully, the foursomes will wait for those ahead to move out of danger, yell “fore” and wear gloves with dry grips.  Golf course injuries are no laughing matter, and wet, slippery surfaces increase the danger of golf cart crashes, as I have written in prior posts.  No injuries were injured, and the top teams were heartily cheered at the closing banquet.  When their fingers thaw out, they hope to shake the hands of all the well-wishers.

As  a child, I enjoyed may hours playing on swing sets and “jungle gyms.”  My brother and I would even eat our meals in these structures during the warm summer months (and save our mom from having to clean up if we dripped watermelon or spilled our drinks !).  So I was particularly interested when I received word that the Consumer Product Safety Commission (“CPSC”) had recalled children’s play sets made in China for Escalade Sports of Evansville, Indiana.

According to the CPSC recall notification, the hazard is significant, as the swing seats on these Oasis Playsets can crack and break in half, causing the user to fall to the ground.  Escalade Sports has received 24 reports of the seats breaking, though no injuries have been reported.  These defective and dangerous products were sold by Oasis distributors and dealers nationwide from April 2008 to December 2010 for between $1,500 and $2,200.  Consumers should immediately stop using these swing seats and contact Escalade Sports for free replacement swing seats.  For additional information, contact Escalade Sports at (800) 742-6009 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the Escalade’s website.  Consumers can also e-mail Escalade Sports.

The Consumer Product Safety Commission (“CPSC”) in cooperation with EB Brands, of Yonkers, New York announced a voluntary recall of Resistance Stretch Tubing manufactured in China.  Having used these types of exercise devices to work out at home and at the gym, sports injury lawyer Doug Landau notes that strength training equipment should be built to withstand normal use without injuring the athlete.  Landau’s opwn family members have used products like this for swim training and rehabilitation.  At the Herndon law firm ABRAMS LANDAU, Ltd., it is important to help prevent future injuries to consumers and athletes, as well as asist them after injuries caused through no fault of their own.  With this particular exercise product, the handle on the tubing, also called bands, can break or detach while in use, causing the tubing or handle to strike the user and posing an injury hazard.  There has already been a report of an incident involving a bone injury.

This recall involves Everlast Resistance Stretch Tubing, Everlast Pilates Stretch Tubing, Sportline Resistance Stretch Tubing and Pineapple Pilates Stretch Tubing, used for exercise and stretching. The tubing comes in yellow, blue or black with black handles. The words “2404″, “2001 EB Sport Group” and “Made in China” are molded on the handles. A list of affected lot numbers is available on the EB Sports Group’s website.

Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.  For additional information, contact EB Brands at (800) 624-5671.  A picture of recalled stretch tubing can be found at the CPSC recall website.

With Loudoun County police stopping Fairfax bike riders for riding two-by-two, Triathlon Trial Lawyer Doug Landau was asked to look into the laws regarding bikers riding other than in single file formation.  Bicycling around Leesburg, Ashburn, Ashburton, Broadlands and Sterling is a great way to enjoy the rural parts of the Washington DC Metropolitan area.  Biking also allows us to go outdoors and get some exercise. While many people ride recreationally, if you spend time out on the roads around Loudoun, Fairfax and Prince William Counties, you cannot help but notice that we also have a substantial number of competitive bikers. 

Whether you are cycling just for recreation and want to ride alongside your fellow bikers, or you are training for competition and need a pace lane, you should know your rights and obligations as cyclist.  You should also ride defensively so as to avoid a car accident, crashing or injuring others.  As far as how many riders can ride across a Loudoun Country Virginia road, there seems to be differences of opinion inside and outside of the Northern Virginia cycling community.  Specifically, can a Loudoun County cyclist ride 2 abreast (or more) on the public roadways ? Read the rest of this entry »

Brain injury in sports can occur even without outward manifestation, such as bleeding, swelling of the skull, bruising of the skin or laceration. Sports medicine specialists who study head injury in athletics have long noted that it is the movement of the brain inside the hard, bony shell (the cranium) that often determines the nature and extent of the brain damage. Director of the Brain Injury and Sports Concussion Institute at the University of Virginia School of Medicine Jeffrey Barth has explained, “if [a player] is not expecting it, the head snaps on the neck [when struck].”  The Sports Illustrated Special Report Concussions concluded by noting that when an athlete is caught off guard or going the wrong way, even a minor blow to the head can be devastating.  This is because the speed at which the head snaps back and how long it takes to decelerate often determine whether an athlete will be concussed.  It the snapping of the head and neck is rapid enough, the player can lose consciousness momentarily, and suffer a concussion.

To entirely prevent or mitigate concussive head-snapping, athletes Read the rest of this entry »