TheAthletesLawyer

As one who enjoys running barefoot on the beach, and who listens to an iPod when running off the roads, sports injury lawyer Doug Landau was taken aback by the news reports of the death of a runner in Hilton Head, South Carolina.  Apparently the ipod jogger was running along the beach  with his iPod when a plane making an emergency landing hit him from behind, killing him instantly.

According to news reports, the 38-year-old father of two was on a business trip in Hilton Head Island, when a Lancair IV-P single-engine aircraft lost its propeller and was “basically gliding” Monday evening before hitting Jones, according to the coroner.  “There’s no noise,” said aviation expert Mary Schiavo, a former inspector general for the National Transportation Safety Board (NTSB). “So the jogger, with his ear buds in, and the plane without an engine, you’re basically a stealth aircraft. Who would expect to look up?”

The pilot and his passenger walked away from the crash landing near the Hilton Head Marriott Resort and Spa.  This jogger’s death is uncommon, but not unheard of: last year a Philadelphia jogger using an iPod died when a tree fell on her.  Hard to say whether volume control might have saved him, but it is worth thinking about.  One of the reasons Herndon Reston injury lawyer Doug Landau does not run on roads with cars or trucks with his iPod covering his ears is that he cannot hear motorized vehicles that are traveling behind him.  On the beach, turf fields, trails and track, there is less danger from getting injured by drivers you don’t hear coming, or so the ABRAMS LANDAU injured athletes lawyer thought…

There are TWO important parts to every Virginia case where a PLACE causes a runner’s, biker’s or walkers injuries.

1. First, the injured party must show that there is a defective or dangerous condition on the property that caused the harm, AND
2. Second, the property owner or operator must have had notice of the danger or defect.

Pictures can show a defect, but proving "notice" (how long the dangerous condition or defect existed) is more difficult

A photograph like the one shown, shows a broken and dangerous condition, but the picture does not give a lot of information about how long it has been in this condition.  Prior similar incidents, complaints BEFORE the date of the biker, runner or walker’s injury and physical evidence of how much time has elapsed are all helpful.  If a pothole has worn down and is no longer jagged, expert may be able to testify as to how long the condition has lasted.  If the danger or defect has been around a long time, then a Virginia Court will allow the personal injury case go to the jury on the issue of damages.  That’s why the ABRAMS LANDAU injury trial team advises clients that pictures are great, but evidence of notice must still be developed in order to succeed in court.  If you or someone you know has been injured while biking, running, walking, blading or while exercising due to some danger a company’s property, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) today, as there are important legal deadlines in these premises liability claims.

Recently, Ashburn and Herndon area injury lawyer Doug Landau has been contacted by injured bikers who already have a lawyer.  Some are dissatisfied with their current lawyer’s work. Others cannot reach their current attorney.  And still other cyclists are confused and do not understand the legal process or their present legal counsel’s instructions.

Herndon and Ashburn bike crash injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. steers his bike with just 2 hands !

When A-V Rated attorney Doug Landau is contacted by a disabled biker or athlete or bike – car crash victim who is already represented by counsel, he and the ABRAMS LANDAU staff advise the caller to try to work things out with their present lawyer.  That lawyer presumably knows the case; has invested in the claim; and, will likely have a “lien” (an “IOU”) for attorney fees even if the case is taken over by another attorney or law firm.  Plus, switching counsel “mid-stream” sends a negative message to the insurance company.  It suggests that the client is impatient, may switch again, and that there will be dissonance on the plaintiff’s side of the case.  So, while the injury trial team at ABRAMS LANDAU wants to help everyone who calls, writes and e-mails, when there is already counsel retained, we decline representation unless the potential client has:

1. Genuinely tried to work things out with their original lawyer;
2. Settled up with their counsel, who may be owed money for costs and fees;
3. Put in writing that the lawyer is discharged; and
4. Have a copy of their file so that the next lawyer does not have to “reinvent the wheel” and duplicate expenses.

Cases the ABRAMS LANDAU injury trial team is currently working on that were started by other law firms include claims where the original lawyer has: retired, fallen ill, been disbarred, realized that they are not admitted to practice in the jurisdiction where the trial will be held and does not have the staff, resources or money to properly invest in the case.

Doug Landau & Beatrice Vargas of ABRAMS LANDAU, Ltd. holding copies of his new bike crash book

ABRAMS LANDAU received its first shipment of Doug Landau’s new book, “Ten Mistakes That Can Derail Your Bicycle Injury Case.” Drawing upon over 25 years’ experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer’s court cases in Loudoun County. Landau’s bike crash book had been available through SPOKES Magazine, Potomac Peddler’s “Pedal Patter” newspaper and other Bicycle clubs and bike shops.  In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients. As the Landau Law Shop is regularly contacted by injured bikers, this new book is intended to be a helpful resource for injured cyclists.

If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

Even during optimal long distance running conditions, fatalities occur. The deaths of 3 runners during the Detroit Marathon races underscore the importance of seeing your doctor and having regular check ups when undertaking physically challenging exercise events such as the marathon or half marathon. Despite plenty of fluids and careful pacing, Doug Landau collapsed at the finish line of his first half marathon while competing for the United States Maccabiah team in 2005. Recovering from leg cramps over the next several hours, the Herndon Reston area sports injury lawyer noted that he had fully prepared for the heat, but the distance was challenging. Landau has since run another half, in Cambridge Maryland, where he won another age group award, but was freezing from the cold !

Runners who collapse or suffer heart attacks are rare, but checking with your doctor before racing is a good idea.

In the Michigan running race, all three men collapsed without explanation, though the cold weather was not thought to be a factor. According to the Detroit Free Press, it was some 41 degrees at the time, which is considered good for such long distance racing.  The Detroit Free Press/Flagstar Marathon yesterday had more than 19,000 people registered to participate in its 32nd running. There were at least six medical stations on the race course and emergency personnel were on the scene within seconds.

Deaths at marathons are relatively rare. The last death at the Detroit event was in 1994 when a 42-year-old man died of a heart attack after running more than 20 miles. Every runner must sign a medical release form, and they are encouraged to talk to their doctors before they run the race. “On a day when so many people bring such energy and challenge themselves to do their utmost, this news is very difficult to hear,” said Free Press editor and publisher Paul Anger said. “Our deepest sympathies are with the families.”

Triathlon Trial Lawyer Doug Landau and Mark Lander of Evolution Fitness at the start of another safe USAT certified race

USA Triathlon is the national governing body for the sports of triathlon, duathlon, winter triathlon and aquathlon in the United States.  Triathlon Trial Lawyer Doug Landau has competed in USAT National Sprint Triathlon, Duathlon, Olympic Distance Triathlon and Aquathlon Champoinships.  He achieved All American and Honorable Mention status and even qualified for the World Championships as the result of his participation in USAT Age Group competition.

Participation in a USAT sanctioned event means the event director has the proper permits in place, liability and athlete excess medical insurance coverage and the event plan has met the standard of organization required. USA Triathlon provides rules, guidance and governance to set the standard for safe and fair multi-sport races. For more information on USA Triathlon and fueling the multi-sport lifestyle, visit their website.

As a high school wrestler and the father of an All-Prep wrestler, the recent conclusion of a paralyzed high school grappler’s personal injury case was of special interest to me and the rest of the trial team at Abrams Landau, Ltd.
The Seattle Post-Intelligencer, reported that the Seattle Public Schools have agreed to pay $15 million to settle a lawsuit filed by a former high school wrestler who was paralyzed during a practice session. According to an attorney for Mac Clay, coaches failed to use proper safety procedures and were not properly certified by the Washington Interscholastic Activities Association. At the time of the incident, Clay, who now uses a wheelchair, was a three sport standout at West Seattle High School.

Mac Clay, then a senior, was at wrestling practice in the school cafeteria when he was driven backward into two wrestlers going in the opposite direction. The accident left him with limited use of his arms and no movement in his fingers and triceps. At the time, 13 wrestling team members were practicing using one mat on the concrete floor, although there were extra mats nearby. “They didn’t follow the normal safety rules,” said one of Clay’s lawyers. “The coaches weren’t certified and hadn’t attended safety classes required” by the Washington Interscholastic Activities Association. The settlement payment is covered by the school district’s insurance carrier, but had it been more than $15 million, the difference would have come directly from the district.

“Variety is the spice of life,” and a little spice can really add some zest to a meal, however, too often I have seen athletes try something new or spicey right before a major competition, only to regret it later.  “Go with what you know” when it comes to pre-race nutrition and hydration.  Do not experiment on the race course and expect to have a personal record.  Save experimentation for training days when you know what your digestive system can and cannot handle under the stress of intense exercise.

I have been a big fan of “Generous George’s Positive Pizza Place” (where “Everything Spicey is Nicey“) for over 28 years and am delighted that they have opened a restaurant serving their signature “pastas on a pie,”  We used to have our Old Town Alexandria office staff meetings at the original restaurant on Duke Street.  WHile we all enjoyed their pasta on a pie, pizza and salads, I would save such scrumptious fare for AFTER the race.

Shown here after an ABRAMS LANDAU staff meeting at the new Generous George’s Positive Pizza Place in Herndon (703-793-3338) are, L-R, Beatrice Vargas, Dianna Meredith, Lauren Holtzman and Doug Landau.

Soccer is a contact sport.  Just because soccer players wear less padding than America footballers, there is still plenty of physical contact in any high-level match.  Shin to shin and other leg injuries are common.  The Soccer Injuries FAQ notes that: “Other than contusions, injuries to the upper body in soccer are less common. The collisions in the sport will occasionally cause a shoulder separation, which is damage to the acromioclavical (AC) joint, the connection between the shoulder blade and the collarbone. Soccer goalies are more exposed to shoulder injury as a result of diving across the crease to make saves and striking the goal post.

Head injuries may occasionally arise due to collisions with opponents—concussion and damage to the player’s teeth are the greatest risk. Many players wear mouth guards to protect their teeth, which has the additional benefit of reducing the effect of concussions by keeping the tempomandibular joint (TMJ) from being driven upward into the skull. Since the mid-1990s, there has been controversy in the international sports science community as to whether the repeated heading of a soccer ball will cause damage to the brain or to the muscles and structure of the neck. Various studies initiated by soccer nations have not yet resolved this question.”

[Senior Goal Keeper Danielle Landau lays on the field during the ISL Tournament after being kicked in the neck making a save at the Bullis School in her final high school soccer match.  She was put in a neck brace and did not return to the field.]

James Hilaire of the Stamford Times reported that former Stamford High School soccer player James Hilaire, a senior goalkeeper at the University of New Haven, suffered a broken jaw and a serious head injury during a game at Merrimack College.  Hilaire went out in front of the UNH goal, hoping to grab a loose ball before a charging Merrimack player got there. As both players made a move for the ball the opposing player’s knee slammed into Hilaire’s head. Hilaire, who suffered serious head trauma on the play, later underwent surgery to repair his broken jaw.

At least one report referred to these injuries as “life-threatening.” Hilaire was a patient at the Surgical Intensive Care Unit at the Boston Medical Center where he was listed in critical condition.  He was eventually discharged to begin the next phase of his recovery – rehabilitation – on Oct. 16 at Gaylord Hospital in Wallingford, according to the Stamford Advocate.  The Goalie was talking clearly, or at least the best he can communicate when he returned to the campus a week and a half later.  He reportedly still has some physical deficiencies on his right side, from his shoulder on down to his leg.  It is anticipated that this young athlete will get back to 100 percent.  We are glad that he is making progress and hope that he makes a full recovery.  As the father of a goal keeper, who has seen his own daughter taken from the field with a neck injury and also after getting kneed in the gut, I can empathize with the Hilaire’s family, friends and teammates.