The client, Jillian Groh, had booked a room at the Westin so that she and a group of friends would have a safe place to stay after spending an evening out on the town. Allegedly, after Ms. Groh and her friends returned to her room, Westin security personnel came to the door, entered the room without permission, and evicted Ms. Groh from the hotel; Westin personnel did so despite the absence of any noise complaints, even though members of the group repeatedly told Westin personnel that they were intoxicated and could not drive. Allegedly, following the eviction, Ms. Groh sustained devastating injuries while riding as a passenger in her PT Cruiser, which was being driven by another member of the group. The driver of the vehicle was allegedly legally intoxicated at the time of the accident.

Ms. Groh’s parents, acting as her representatives, filed suit against the Westin and others, alleging that the Westin and its employees owed a duty to use reasonable care when evicting Ms. Groh. The trial court dismissed Ms. Groh’s case. In a landmark opinion reinstating the suit, the Court of Appeals agreed that, while a hotel is legally allowed to evict a guest, it must use reasonable care in doing so when there is a foreseeable risk that the guest will suffer harm as a result of the eviction. The Court wrote, “We conclude that a hotel must evict a guest in a reasonable manner, which precludes ejecting a guest into foreseeably dangerous circumstances resulting from either the guest’s condition or the environment.”

“The Groh family and I are very thankful that the Court recognized that innkeepers have a responsibility not to evict their guests into circumstances where their guests are likely to be harmed,” said Shafner after the opinion was announced. “The Grohs are looking forward to having their day in court.”

Shafner anticipates that the case will proceed to trial in late 2013 or 2014, though an official trial date has yet to be established.

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Another product liability lawsuit has been brought against a fast food behemoth earlier this month. A Louisiana based Burger King location is being sued by Kathleen Perez after reportedly spilling coffee on herself, the temperature of which was hot enough to seriously injure her.

Perez claims that the Burger King employee hadn’t properly secured the lid on the hot cup of coffee, which subsequently spilled on her as she pulled away from the drive-through window. The extremely hot coffee caused burns to her stomach, arm, and chest. These injuries also left permanent scars and discoloration to her skin.

Defective Product Or User Error

Perez is seeking compensation of an undisclosed amount for the injuries sustained, as well as the suffering, disability, mental trauma, and embarrassment this accident has caused. The only question that remains is whether this is an incident of faulty product / bad product design, or user error. User error is unlikely, as most people who can drive and purchase coffee, know how to drink out of a cup.

However, if it is indeed due to a poorly engineered container lid/cup or excessively hot content, then Perez can perhaps be compensated for her injuries. She claims that the coffee given to her was defective in the sense that it was far too hot for consumption, and beyond any sort reasonable expectation for coffee temperature. The coffee lids are claimed to be safe from spills when properly put on, but the question of whether it was properly put on to begin with comes up.

The compensation received will most likely never be publicly announced. However, we can take reference to the pinnacle of fast food coffee lawsuits, which occurred back in 1994. Liebeck v. McDonald’s Restaurants was a case where McDonalds was forced to pay a woman $160,000 who was scalded by their coffee. After which, a slew of other lawsuits followed in its wake.

Fast Food Hot Coffee Lawsuits Occur More Frequently Than Most Hear About

In early 2012, there was a day when two lawsuits were filled in the same day against McDonalds. One involved Melissa Pettigrew who spilled hot coffee on herself, and suffered serious burns to her thighs. While another was of a four-year-old girl named Lynn Abdelal, who was given coffee by an employee to give to her grandmother. The little girl spilled the hot coffee and received second-degree burns. The $4 million they were asking in compensation was due to the fact that McDonalds employees are not allowed to serve coffee to young children, which violates their company policy.

There are more incidents that occur than are reported to the news, or are known publicly. The reason is that rather than go through all the legal trouble, if companies realize that there is a strong case against them, they will settle out of court. This is mainly with the idea to avoid all the publicity nightmares that accompany high profile court cases. For some, bad publicity is better than no publicity at all. But for most businesses, their name is their most valued asset. Public image is critical, and if that is devalued by reported cases of faulty products, than sales are sure to drop as a result.

Defective products are a serious issue for consumers, and if you have fallen victim to a product that has caused you harm, you should be compensated for that. There is no need to shoulder the burden of another’s mistake. Especially if that burden has caused you physical harm, distress, loss in wages, or any other number of issues. If you are looking for a Colorado Product Liability lawyer, please contact The Law Office Of Alan C. Shafner immediately. He is an experienced Denver Product Liability Lawyer with the knowledge and skill to help you.

13 year-old Taft Conlin was killed in January when he was buried in an Avalanche after entering an open gate to a section of the mountain called Prima Cornice Trail. Conlin’s parents filed suit against Vail Resort in August of 2012 for negligence and wrongful death. Vail had recieved over 9 inches of fresh snow in a heavy snowstorm the night before. The lawsuit says that Vail operators should have known that keeping the gate open was dangerous given the conditions. Another gate into the area had been closed by operators

Vail officials and their attorneys were at first reluctant to admit that they had left the gate open. They initially reported that all of the gates into the Prima Cornice Trail area had been closed, contrary to eyewitness reports. Vail officials claimed that Conlin and his two companions (who were not killed in the avalanche) must have ducked under a rope to enter the area. Vail officials also refused to provide the Eagle Country Sheriff’s Office copies of witness statements, photographs, and reports in possession of the Vail Ski patrol. The lawsuit demands that these records be opened and available to the plaintiffs.

Vail Resorts have claimed that the avalanche that killed Taft Conlin, are part of the inherent risks assumed by skiers and snowboarders under the Colorado Skier Safety Act, which would prevent Conlin’s parents from filing a wrongful death lawsuit against Vail. Wednesday’s ruling opens the door for the suit to be tried in a Colorado court. It may also open the door for increased exposure to tort liability from injuries and deaths to skiers and snowboarders caused by inbound avalanches.

If a loved one has suffered death or serious injury because of the actions of another person or business, please consult Denver wrongful death attorney Alan Shafner or call 303-796-0555.

According to reports, driver John Street of Newton, Illinois was westbound on Highway 52 when he pulled his large semi-truck over to the right side of the road, then started to make a U-turn, unaware that the semi-truck driven by driver Don Sperry, from Fort Morgan, was behind him. Sperry’s truck collided with Street’s as it started to make the U-turn, causing ‘extreme’ damage to Street’s truck and ‘moderate to extreme’ damage to Sperry’s.

This accident happened the same day that another commercial truck accident involving a large semi-truck occurred on the same stretch of Highway 52 near Fort Morgan. Truck driver Surinder Sahota of Bitely, Michigan veered off Highway 52 about 8 miles north of Fort Morgan. When he tried to pull back on the road, his trailer went into the into a ditch and overturned, scattering debris across the highway and limiting access for several hours. Fortunately, no other vehicles were in the immediate vicinity of the crash.

Commercial truck accidents involving large semi-trucks are some of the most deadly and destructive types of auto-accidents, especially when a large commercial truck, which weights an average of 80,000 pounds, collides with a normal size car, which weighs an average of 3000 pounds. In this case, both drivers driving large semi-trucks (and the resulting damage was “extreme”), but when the size difference is as great as that which exists between a large commercial truck and an average car, the results of a collision can be catastrophic. There may be massive damage to the smaller vehicle (or multiple smaller vehicles), serious injury, and death.

Commercial truck drivers and trucking companies have come under increased scrutiny in recent months as researchers continue to link commercial truck drivers and sleep apnea. Truck drivers who suffer the effects of fatigue and sleep apnea are likely to be less attentive behind the wheel, resulting in an increased probability of accidents. Because they spend long hours driving, this probability grows even greater.

If you have suffered damage to your vehicle, injuries or the death of a loved as the result of a large commercial truck, it is recommended that you contact an experienced Colorado truck accident attorney as soon as possible. There may be multiple levels of liability, and the insurance companies of each party involved will do everything they can to minimize your claim. An experienced Colorado attorney can navigate the complexities or your case, take on the insurance companies, and get you the maximum amount of compensation to which you are entitled. If you have been injured as the result of a truck accident on a Colorado road, Denver truck accident lawyer Alan Shafner can help. Alan Shafner has been fighting for victims of Colorado truck accidents for almost 30 years.

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The study found that sleep apnea is a major cause for commercial truck accidents. Sleep apnea is a condition characterized by abnormal pauses in breathing during sleep, up to minutes at a time. People suffering from sleep apnea are prone to significant levels of fatigue and daytime sleepiness, similar to the conditions experienced by people suffering from lack of sleep.

Due to these new findings, companies are analyzing their truck drivers and setting up incentive programs to encourage their fitness levels. The Federal Carrier Safety Administration (FMCSA) has suggested that all truck drivers with a Body Mass Index (BMI) of 35 or higher need to check with their doctors and be tested for sleep apnea. Unfortunately, there has been no word on what actions will be taken based on their sleep apnea results.

If you are involved in a trucking accident as a result of a driver with a sleep apnea diagnosis, you could be eligible to receive compensation for your injuries and damages to your vehicle, or even wrongful death benefits. Commercial truck accidents are among the most dangerous and horrible types of motorvehicle accidents, due to the extreme size disparity between commercial trucks and most other types of cars, light trucks, and motorcycles.

If you’ve been involved in a commercial truck accident caused by a driver suffering from sleep apnea, the insurance companies may argue the level of impairment of the driver. They may say they were not diagnosed with sleep apnea from a doctor, but suffered from obesity fatigue instead. Because of the complexity of these issues and the amount of compensation potentially at stake, you could contact an experienced truck accident lawyer.

Many victims of truck accidents and organizations which focus on preventing accidents are working to require a sleep apnea test prior to receiving their commercial driver’s license (CDL). Although this may be a fix to lessen the amount of obese trucking drivers, what will be the actions if a driver with a CDL develops sleep apnea? Remember, that if you are a victim of a truck accident insurance companies will be ruthless, and will work to pay minimum compensation to you. Insurance adjusters are some of the first on the scene and are constantly working to keep their costs down resulting in minimum payment.

If you you have been involved in a truck accident involving a large commercial vehicle, you may be searching for what to do next, medical bills may be piling up, and you may not know who to contact for help. Your first step should be to contact an experienced Denver truck accident attorney, one who will work aggressively to defend you and provide you with maximum compensation. Alan Shafner understands how insurance companies operate, and he knows how the insurance companies will try to do everything they can to minimize your claim. Do not allow your medical bills to stack up while you are unable to work. Do not allow insurance companies to give you the run around and not pay you full compensation. Most of all, do not hesitate to pick up the phone and call Alan Shafner today at 303.796.0555 the best truck accident attorney in Denver.

This was the case at a nursing home in London, where family members gradually began to identify signs of neglect and abuse among the loved ones they had entrusted to the care of the Hillcroft Nursing Home. These elderly family members were in advanced stages of Alzheimer’s and were extremely vulnerable to abuse. Two men, aged 34 and 26, and four women, aged 26, 27, 53 and 59, were detained. The allegations of elderly abuse date back to December 2010, with the most recent being reported in February 2012, police said.

Following the incident, the Hillcroft Nursing Home facility ensured the media that the safety of their patients is the number one priority. Unfortunately, that mentality has not been upheld by their staff.

Nursing home abuse can take a number of forms. In this case it was the failure to maintain functional and sanitary facilities. Authorities are checking into all the homes that Hillcroft runs to ensure that each home is being kept to acceptable code. It is their legal duty to ensure that services are provided at the standards they were promised. When researching a facility for your elderly family members to enter continued care, it is important to talk to the medical director. The medical director is the one in charge of ensuring the facility, faculty and occupants are all being cared for. Always consult further, if the director is unable to answer all your questions, or shows any hesitation.

Familiarizing yourself with the facility, medical director, and caregivers at the prospective nursing home is of utmost importance in searching for the right care facility for your loved one. If you are taken to an unoccupied room ask to see one that is not a “show room.” Talk to other patients and sit down and ask them for their opinions. You should treat this inspection in the same way you would treat moving into a new house in a new neighborhood.

Nursing homes and other elderly care facilities provide services to people with a variety of different needs. It is best to obtain services for your loved ones in a facility which houses others with similar needs. Another important issue to consider is the ratio of workers to occupants. Often, the facility is understaffed with too few caregivers and too many rooms to care for. This creates a diluted form of service, and areas of detail get easily looked over. Not all nursing home abuse is violent. Failure to proper care can also form the grounds for a legal claim against a care facility.

Also, request information about the facilities hiring process and standards for the caregivers. In many cases facilities don’t require a background check and individuals with criminal records are hired as caregivers. Having a great understanding of the hands that will be caring for your family is crucial to gaining insight into their day to day life. Don’t wait until you see signs of abuse, do your research first.

If you or your loved ones are victims of elderly abuse call Denver nursing home abuse attorney Alan Shafner today at 303.796.0555 or contact us. Denver attorney Alan Shafner has been fighting for victims of elderly abuse and nursing home abuse for the past twenty-eight years. Shafner Law works aggressively to protect victims of elderly and nursing home abuse and will get the compensation that you or your loved ones deserve.

Transcript: Shafner Medical Malpractice Lawyer

Hello, my name is Alan Shafner and I’ve been representing victims of catastrophic and injury cases for the last thirty years. One of the biggest changes that’s occurred in the American justice system are the claims that have resulted as a result of medical malpractice. Nothing has changed our health industry for the better, than the lawyers who represent victims of medical malpractice. The doctors won’t admit, but the reason why medical malpractice lawsuits are down, and the reason why the care in America is the best in the world. Is because of the scrutiny that arises as a result of the lawyers who handle these cases for victims. Those acts and that litigation creates safety for all of us and for everybody in our community. However, these are very difficult cases to prosecute. If you or a member of your family has been injured as a result of medical negligence, please make sure you contact a lawyer who handles these kinds of cases. There is a quick statute of limitations of two years, there are medical caps and most importantly if a governmental doctor or entity was involved like a public hospital a special notice must be sent within 180 days. Please call me if you have any questions about this, my cell phone number is 303.478.5454, my e-mail is alan@shafnerlaw.com, or of course my office phone 303.796.0555.

You want an attorney that practices law for the right reasons. There is a reason that many people are skeptical of lawyers, because they are practicing for the wrong reasons. Watch the video below to get to know Alan Shafner and why he practices law.

Transcript: Why Shafner Practices Law

Well, I genuinely like what I’m doing and I genuinely like my clients. And, I really believe that I can make a difference and help people and change their life, for the better. And so, if I can use my talent, my skill, my expertise, whatever’s necessary to get somebody to the goal line and I can make a significant difference in someone’s life then that makes me feel better as a person. I’m not doing this work, and never have done this work to satisfy my own ego to promote myself, to brag about myself. I went into the work to help others, and I believe I genuinely have helped others.

When faced with many Denver Lawyers, choosing the right one feels like an impossible task. Get to know what makes the Denver Firm Shafner Law different.

Transcript: Why Choose Alan Shafner?

So I believe what sets my office apart from other law firms or other law offices is the fact that when somebody comes in to hire me, they are hiring me. And, they are going to get the best of both worlds. They are going to get somebody who has over thirty years of experience, they are going to get somebody who has big firm experience, they are going to get somebody who has the resources and the know-how to put the case together. But most importantly they are going to get somebody who will get them individual and personalized attention. The biggest criticism that I’ve seen over a vast number of years of doing this work is that most clients don’t even know who their lawyer is. They may come in and they meet the lawyer for the first time at a meet and greet. But then the client is delegated off to some junior associate, and then if the junior associate leaves then to another lawyer and then perhaps to another lawyer. And so the clients themselves don’t have any contact with their own attorney. That’s why clients become dissatisfied, that’s why I believe a lot of clients don’t get the results they should get is because the lawyer doesn’t know enough about their case. Sometimes the lawyer knows nothing about their case. And so, by opening up my own law firm, I feel that I’m able to stay in constant communication with my clients they always know how to get a hold of me. I make myself 100% available and accessible there’s always communication back and forth, and I believe that’s the key to success.

Sometimes you think that there is no need for a lawyer, which can be a great situation. Although, often in business someone tries to not give you the benefits you are due. When hiring a lawyer it is important to know your due settlement. Watch the video below to get a deeper understanding of working with Shafner Law:

Transcript: Should I Hire A Lawyer?

When somebody asks me, do you think I should hire a lawyer or not? That brings up a story. A few years ago I had a case where a young woman came in and had another lawyer and she wanted to change and I took her case. And I wound up resolving the case after filing the lawsuit and getting very close to the trial date, where my fee was much higher than the entire settlement that the other lawyer wanted her to take. And so, the moral to the story is, do I feel if somebody is significantly injured that they should hire an attorney? Absolutely. But the second part of the puzzle is, they need to hire somebody who is competent who is going to put in the work because this is a very very tough area. Insurance companies are ruthless, insurance lawyers are ruthless, it’s a difficult field to navigate. People who are injured have an injury and need to get better. They may be grieving, they have all these other issues as far as their finances, they may not be working, they have medical treatment and medical bills. So, they need somebody to help them with this process. So the question is, should they hire a lawyer? Absolutely. And the second part of the answer is, hire somebody who knows what they’re doing.