Dutch Government Sued In Tort Law For Ignoring Climate Change.

Posted on July 29, 2015 by gil hoy

866 Dutch citizens recently sued the government of the Netherlands arguing that their stance on climate change was illegal. On July 24, 2015, a court in the Hague ruled that, in fact, the Dutch government had violated applicable tort law by failing to take greater action to combat climate change. Part of the ruling requires the Dutch government to cut greenhouse gas emissions by 25% in five years. Environmentalists hope that the precedent established by this case will usher in similar lawsuits worldwide.

The basis of the lawsuit was tort law. Under tort law, courts are empowered to prevent harm to private citizens that is caused by the negligence or recklessness of another. According to the allegations of the lawsuit, the Dutch government has failed to prevent harm to its citizens by failing to tackle climate change. The lawsuit also alleges that repeated failure to broker agreements at the international level is not an excuse for domestic governments to take no action.

Nevertheless, these types of lawsuits raise questions about the role of judges, who are often not elected by the people, to make policy decisions that have such massive implications. This is a question that is not limited to European governments. American courts, especially the Supreme Court, are frequently criticized for “legislating from the bench,” whereby judges who are often appointed, and therefore unaccountable to the people, make decisions that significantly affect public policy. Furthermore, the trend currently taking place in Europe faces a further setback in the United States because the US Constitution does not protect a person’s environmental rights.

According to the Guardian, 8,000 citizens are currently preparing a similar lawsuit against the Belgian government and plans are under way to bring this type of lawsuit in Norway, as well.

If you or a loved one has been the victim of another’s reckless or negligent acts, please call 617-787-3700 now to speak with one of our expert Massachusetts personal injury attorneys or email us at info@gilhoylaw.com.

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Iowa High School Athlete Awarded $1 Million After Being Hit By Foul Ball.

Posted on July 22, 2015 by gil hoy

Generally, a person participating in or attending a spectator event, such as a baseball game, assumes any inherent risk of injury that may result from the event. This would bar a person injured during a game from suing for many sports-related injuries. However, there are instances when a person injured during a sporting event has been allowed to sue for money damages. These money damages are available to compensate a tort victim for any pain and suffering, medical expenses and other damages that the injury has caused.

Spencer Ludman was a member of the Davenport Assumption High School baseball team in Davenport, Iowa. On July 7, 2011, Ludman was standing in the dugout when he was struck by a foul ball. The impact shattered Ludman’s skull, which caused him to suffer brain swelling that required hospitalization. As a result of these injuries, Ludman had to relearn how to walk and talk. According to USA Today, he has also suffered multiple seizures, for which he is required to take medication.

In April 2013, Ludlow sued the high school, alleging that they were at fault for building a dugout that did not supply necessary protection to players. Ludlow is represented by attorney Steve Crowley, who argues that the dugout should have been protected by safety gates. He also argues that the dugout should have been placed farther back when it was constructed.

A jury has now awarded Ludman $1.5 million for the injuries caused by this sports-related accident. However, the jury has also found Ludlow 30 percent at-fault because he should have been more attentive during the game., especially since he was standing up in the dugout. Therefore, the final award that Ludlow will receive is $1.03 million.

The high school is represented by attorney Lori Cole Magerko. According to Cole Magerko, the verdict was unfair because the plaintiff was allowed to argue the case as a premises liability case, rather than a sports liability case. In the latter, a plaintiff is not able to collect damages for injuries caused by the inherent risks of the sport. However, this limitation is absent in a premises liability lawsuit. Therefore, the highs school plans to appeal both the verdict and the award.

If you or a loved one has been the victim of a sports-related injury, please call 617-787-3700 now to speak with one of our expert Massachusetts personal injury lawyers or email us at info@gilhoylaw.com.

Posted in Boston Accident Injury Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Premises Liability Lawyer, Boston Sports Injury Lawyer | Leave a comment

Ruling Allows Oklahoma Earthquake Lawsuit To Go To Trial.

Posted on July 22, 2015 by gil hoy

If a person is injured by the negligence or recklessness of another person, the victim may be able to sue for money damages in a personal injury lawsuit. In this type of lawsuit, the victim must show that the alleged perpetrator breached a certain duty of care toward the victim and acted negligently or recklessly toward the victim. There must be a causal link between the breach of this duty of care and the injury sustained by the victim. If the link can be proven, the victim may be able to collect money damages for such things as pain and suffering, lost wages, and medical expenses.

On November 5, 2011, a 5.0 magnitude earthquake hit Oklahoma. This was the largest earthquake on record for the state of Oklahoma. As a result of the earthquake, a two-story fireplace in the home of Sandra Ladra crumbled. Rocks from the fireplace subsequently fell onto Ladra’s knee, causing her severe injuries.

Now, Ladra is filing a lawsuit against the energy industry in Oklahoma for $75,000, claiming that saltwater waste that is pumped into the ground by that industry is causing these increasingly severe earthquakes. There are over 25 defendants, including New Dominion LLC and Spess Oil Company. The Oklahoma Supreme Court has recently ruled, as a procedural issue, that this case can go to a jury trial. The Court did not discuss the merits of the case, determining that the suit should return to a lower court on the merits because Ladra is only seeking money damages and is not trying to change the regulatory practices of the industry. Ladra is represented by attorney Scott Poynter.

According to the New York Times, there is fear that this procedural ruling will usher in a flood of litigation against the Oklahoma energy industry, causing the industry to suffer an overall decline. However, others hope that these lawsuits will have a regulatory effect, whereby the industry is forced to improve their practices rather than face future litigation.

If you or a loved one has suffered injuries because of the negligence or recklessness of another, please call 617-787-3700 now to speak with one of our expert Massachusetts personal injury lawyers or email us at info@gilhoylaw.com.

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