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October 01, 2008
Understanding Indiana Worker?s Compensation Act
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Potential Third Party or Personal Injury Claims after a Worker's Compensation Injury
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Compensability in Work-Related Injuries
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June 19, 2008
Extending the Thong, err, Wrong Message
May 06, 2008
SECONDARY INJURIES DURING A WORKER?S COMPENSATION CLAIM
Extending the Thong, err, Wrong Message
Posted by: Steve Wagner
June 19, 2008
Topic: Personal Injury
By now you've probably heard of the lawsuit filed recently in Los Angeles Superior Court concerning an injury allegedly caused by underwear. The plaintiff and her clueless attorney allege that a clasp sewed to a Victoria's Secret thong broke loose, injuring the the plaintiff's eye. (Full story and documents can be found here: http://www.thesmokinggun.com/archive/years/2008/0617081secrets1.html?link=eaf).
When I woke up this morning and saw this story, I groaned out loud. It is frivolous cases like this which make it harder for those with legitimate cases to obtain justice before a jury. Of course, the media seized upon this case, and Matt Lauer was more than happy to grill the client and her attorney about this ridiculous case. Like the McDonald's "coffee case" years ago, this case gives the public the impression that millions of dollars are awarded for meritless product liability cases. In reality, product liability cases are extremely difficult to win, especially in Indiana. Lawyers need to spend thousands of dollars to hire expert witnesses to win a good products case, and the legal standard is tough to meet. Unless there are catastrophic damages (i.e., death or serious injury) and an obvioulsy defective and dangerous product, no attorney I know takes product liability cases in Indiana. The defendants (product manufacturers) and their attorneys know this, and thus there are no "quick settlements" in product liabilty cases. I hate it when the truth gets in the way of a good myth!
Perhaps the real reason the "thong lawsuit" was filed was the inexperience of the plaintiff's attorney. The attorney for the plaintiff, Jason Buccat, was admitted to practice in California only four weeks ago. Great start to your legal career, you knucklehead. Your negative publicity just made it that much harder for people with legitimate product liability claims to obtain justice.
