I obtained my very first PI attorney client in 2003, an intelligent gentleman who discussed every case in detail with me and explained in laymen’s terms as to what the necessary thresholds were to prove liability. Most importantly, he was a man of strong ethics. He was never looking to create liability. He expected an objective investigation, not an investigation with a pre-determined outcome. If liability existed he would move forward with a case, if it did not, then he would not.
Too many people associate PI attorneys with the television characters often represented as ambulance chasers, or dramatic news headlines about sensational cases, often carefully misrepresenting the actual facts. My experience has been the opposite.
One of the most often misrepresented cases is the infamous fast food hot coffee case. In summary: In 1992 a 79 year old woman was burned when she spilled scalding hot coffee in her lap. The resulting lawsuit ended with a jury awarding her, her actual compensatory damages and 2.9 million in punitive damages. The public outcry was immense.
The restaurant chain admitted that they knew the 190 degree temperature of their coffee was dangerous and capable of causing 3rd degree burns in a matter of seconds, however brewing it at this temperature created a better cup of coffee and yielded more cups per brew. They also admitted that they had knowledge of over 700 injuries over the last 10 years due to the temperature of the coffee.
The restaurant owed the plaintiff a duty of care when she became a customer, and they breached that duty of care when they knowingly served her dangerously hot coffee, and the plaintiff suffered injuries due to the defendants actions all in the name of profits. This case should have been not only been expected, it could have easily been prevented.
Perhaps if the media had delivered the entire story, the outcry would have been a little different, and the plaintiffs attorneys would have been revered as opposed to vilified.
Over the past 17 years I’ve worked or managed hundreds of personal injury investigations. Some very small consisting of only investigative research or taking witness statements, and some very time consuming and complicated investigations, and everything in between. Some cases are rewarding and some are very sad and tragic.
Here’s a couple examples from the archived case files:
The Tree: October 24, 2005 Hurricane Wilma, the strongest hurricane ever recorded in the Atlantic ocean makes landfall in Florida and is devastating. The following photo is that of a tree that was damaged in the storm. Points to note are that the landowner actually cut the tree down and laid it to rest between his and the adjoining property and that there was no exterior lighting between the two homes.
This tree remained as it is shown for over 30 days until the plaintiff tripped and fell backward onto the tree while attempting to enter the home. A very damning photo indeed, and the plaintiffs injuries were severe and life threatening. My first hospital visit to take photos was 30+ days following the accident and the individual was still connected to life support equipment and unable to speak.
The property owner did not have the time to remove the tree that he himself fell and placed between the homes, however after the accident he was able to find the time to cut back the exposed branches and move the tree a little bit. Of course this case was settled in favor of the plaintiff, however protracted life changing injuries are not a win for anyone, regardless of the dollars attached.
The Elevator: Here’s another case that on the surface one could say looks frivolous, however the injuries sustained by the plaintiff were quite extensive. The plaintiff was an elderly woman living in a retirement community. The elevator was not functioning properly and not stopping where it should have resulting in uneven surfaces, often exceeding 1” or more. Now to a young healthy person this is no big deal, however to an elderly person this is a huge deal. Most of the residents of this particular community had difficulties walking unassisted and/or had compromised vision.
To add to the plaintiffs position: there had been dozens of documented complaints about the conditions, and the elevator itself had not been inspected or maintained as per Florida law.
To the average person this is no big deal, however the elderly plaintiff ended up in the hospital with a serious head injury. Again the case was settled in favor of the plaintiff, however the protracted life changing injuries were not a win, regardless of the dollars attached.
A pet peeve of mine is being lied to. I just don’t accept it at any level. I actually take it as an overt insult to my intelligence and lack of respect for my character and integrity.
The Bus: Here’s a case that didn’t result in overly severe injuries compared to the things that I’ve seen, however an elderly woman was about to board a coach bus for a day trip. She stated that the driver looked right at her through the glass and forcefully opened the door into her knocking her down thus resulting in her injuries. The driver stated that he could not see her and that the door also opened inward, both obvious lies. Because the bus was always in use and seldom in town, plus the case was insignificant in dollar value, and there is a time vs. dollar scale in every business including law, the attorney put the case on the back burner. I on the other hand stopped by the yard occasionally where the bus was parked on my way to and from the office until one day I found it parked there. I called the company under the pre-text that I left something on the bus and they sent a driver to come open it for me and let me take a look.
Then there’s the cases where people are maimed and sometimes killed and there’s no recourse. These are the ones that will shape your world view a little for you:
As you can only imagine the victim of this one did not survive. The other driver was an undocumented illegal alien, no insurance, no assets and no where to be found.
May 26, 2020
Donald P. Redl, Jr. – Managing Member Executive Options LLC
Executive Options LLC provides executive security and conducts investigations for legal and corporate clients nationwide.
(877) 211-3524