Law

Parents Continue to Fight for Change After Death of Teen Son

Law | wrongful death

Andrew Joseph III was just 14 years old when he died. His parents said the teen had been thrown out of the Florida State Fair during the 2014 Student Day. He was attempting to cross the Interstate on foot when he died. On the second anniversary of their son’s death, Andrew Joseph Jr. and wife Deanna are staging a protect at the fair’s Student Day. They are asking people to join them in an effort to push for new safety measures to protect students at the fair. The family has also filed a wrongful death lawsuit this week against the Hillsborough County School District, the Sheriff’s Office, and the Florida State Fair Authority.

wrongful death lawsuit

“We need to somehow wake Tampa up,” said Deanna Joseph. Each year, the school hands out passes to the fair for students to use for free admission on Student Day. This leads to thousands of kids visiting the fair in a single day, which increases violence and makes unruliness. In 2014, police ejected nearly 100 students and arrested 12 people on student day. Andrew Joseph III was among the ejected students that day. Once the teens were told to leave, the police failed to contact their parents or make sure they safely returned home. The Josephs said police dropped their son off two miles from the fairground. He then had to cross the interstate on foot to try to get to his ride and was hit by a car and killed.

Both Andrew Joseph II and Deanna Joseph are licensed therapists. They had moved to Florida from New Orleans after Hurricane Katrina. They allowed Andrew to attend Student Day because they assumed it would be safe since the school had passed out free tickets. They had no idea that a fun outing could quickly become tragic. When violence erupted at the fair, officers kicked out around 100 kids, including some known gang members. “But all these kids were released at the same spot,” said Joseph Jr. “So now we have real gang members being released with totally innocent kids.”

Christopher LigoriIt was hours later when someone came to their home and alerted them that their son had been taken out of the fair in handcuffs. Joseph said that they heard the fair had been shut down and he tried to call his son’s cell phone, but got no answer. He went to the fairgrounds and it was empty, but he asked a state trooper for help. After giving a description of his son and what he was wearing, the police called the juvenile detention center and the hospital and then asked Joseph to call his son’s cell phone again. The officer told Joseph that the phone that rang was found near the body of a young man who was struck by a car on the interstate. “This is how the news was delivered to me on the side of the road,” Joseph said. “This is how I found out my son was dead.”

“This was an unimaginable loss for the Joseph family,” said Christopher Ligori, a plaintiff attorney in Tampa. “With just a single phone call to this teen’s parents asking for someone to pick him up, a tragic death could have been avoided.”

Source: http://www.tbo.com/news/crime/family-of-teen-killed-after-state-fair-melee-plans-to-sue-fair-sheriffs-office-20141203/

http://www.tampabay.com/news/publicsafety/two-years-after-teenager-andrew-joseph-iii-died-outside-the-florida-state/2264205

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What Are Class Action Lawsuits?

Law | Lawsuits

A class action lawsuit is not a standard lawsuit where one person gathers its case and sues an individual or a company. In fact, a class action lawsuit is when many people who were wronged by usually a company get together and form a lawsuit on all their behalf. The class action lawsuit can be both a good and a bad thing when it comes to the individual so let us break down the good and the bad.

The good

lawsuits– The class action lawsuit can be responsible for starting the lawsuit in the first place. Many people individually would not sue or would not have the power to sue, but together they have a case that can get them all equal compensation.

– The class action lawsuit can make the company change its ways easier. If an individual would sue a company and the company would decide to settle out of court, they could bury the issue since it’s just a single individual that sued them. When a class action lawsuit gathers lots of people under it, they have a bigger power to force the company to change the same thing for which they are sued.

– Class action lawsuits can bring higher experienced lawyers to the table. In this lawsuit, the best of the lawyers gather to represent the damaged side.

The bad

– The money gets split between lots of people. The more people are in the class action lawsuit, the more the money compensation they get in the end, gets split. So if a company gets successfully sued for millions of dollars, in the end, the damaged individual might just get a couple of thousands of dollars.

lawsuits

– The most injured person in the group gets the same compensation as the least injured. In a class action lawsuit, many people have different levels of being damaged. Due to the nature of the class action lawsuit, everyone in the group ends up with the same amount of compensation no matter the severity of the issue of their injuries.

– Once the class action lawsuit is concluded there can’t be any more legal action taken again. Once the class action lawsuit has been successful and the compensation has been divided no individual from the group can take the company again to court for any reason that can be connected to the class action lawsuit. This stops people from adding new evidence down the line and opening the case again.

All in all, a class action lawsuit can be a good thing for people who don’t have enough money for good representation, and for people that did not know they could be entitled to compensation due to some reason.

But it can also be bad for individuals as they won’t be able to receive the compensation that they deserve. The class action lawsuit remains to be one of the best ways to get a company to pay out for wrongdoing lots of people; the only problem is the amounts they usually pay don’t match the severity of the issues they were sued for.

What Does Product Liability Mean?

Law | Product Liability

In today’s consumer market, we have thousands and thousands of products that we buy and use on a daily basis. The problem with that is there might be thousands of potential ways you can get injured and get your property damaged due to no fault of your own.

Product liability is a term that involves situations where one party gets injured due to the fault of the defective product. The term defective product is used for every product that has failed in providing its intended service without in a safe environment.

In fact, when we talk about defected products we can safely assume that one of three situations could be responsible for your injuries or the damage that you have sustained due to its failure.

The three main categories where product liability cases fall are:

1.Warning defects

Product LiabilityProducts that have failed to provide in writing warnings to the user. All the goods that have not stated in their “how to use” and “danger” section the potential threats that the product might inflict upon its user during regular use are considered a warning defects.

For instance, if your power tool can shock you if unplugged in a proper way and they have not stated that on their product you might be a victim of a warning defect and you might be entitled to compensation.

2.Design defects

The products that have failures in their use due to the poor design fall into this category. Some products have been developed without a thought of the consumer safety during its use. If the law finds that the product is unsafe for use in its intended form, then that product is considered a design defected product.  You could be eligible for compensation depending on your injury.

3.Manufacturing defects

product liability

The term Manufacturing defects are used for every product that is designed properly but where the materials, assembly process, and other steps in its creation have failed. For this particular scenario, the factory producing the product can be held accountable for any and all damages the product has caused. For instance, if the TV had a wire that was not coated with the proper material and got overheated causing it to burst into flames and burn down the house, the TV would have been directly responsible for the property damage and its manufacturing defect would be the reason you could be awarded compensation.