Articles Tagged with negligence

As reported in the Louisiana Record, a customer at Deanie’s Seafood asserts that he ingested a spider while eating a platter of seafood.

Lee Taylor filed suit against Chifici Enterprises Inc. and Deanie’s Seafood in the Orleans Parish Civil District Court on Feb. 18.

On Feb. 23, 2014 Taylor was dining at Deanie’s Seafood in New Orleans when he ordered and consumed a platter of seafood which allegedly contained a spider. Taylor claims that he did not become aware of the spider until he ate a portion of it. As a result, Taylor contends he became extremely ill and distressed.

What is a landlord’s obligation if they learn that a resident is harassing another tenant on Facebook or other social media websites? A recent case from an Ohio appellate court, reported by Eric Goldman of Forbes, illustrates the pitfalls of this situation.

The case involves the interactions between Mr. Haynes, the live-in boyfriend of Ms. Schmidt (who was on the lease, while Haynes was not), and Lindsay, another tenant who lived in the apartment right directly above. Lindsay repeatedly complained about the noise coming from Schmidt’s apartment, and alleged that Schmidt and Haynes retaliated for her complaints in a variety of ways, including loudly banging on her door and screaming at her. Subsequently, Lindsay received a message on her Facebook account asking her to have sex and linking to a pornographic video depicting people who looked similar to Lindsay and Haynes. In response to Lindsay’s repeated questions, Haynes did not admit to authoring the Facebook messages, but Lindsay believed he had.

Lindsay showed the Facebook transcript to her landlord and asked to be released from her lease because she feared Haynes. Instead, the landlord recommended she contact the police (which she did) and moved her to another apartment in the same complex. The landlord also allegedly told Haynes and Schmidt that Lindsay was moving and warned them to leave her alone. The landlord discovered Haynes was not on the lease and told him he would have to leave. Haynes tried to get onto the lease but his credit wasn’t approved, so the landlord didn’t add him to the lease. It also, however, did not evict him.

The family of a 22-year-old Long Island woman who died after collapsing in the locker room of her gym says the staff failed to take proper action when their daughter passed out. “Things were really starting to happen for her,” said Jeanine Hamlin, the mother of Emily Hamlin. “She was only 22, but her life was just cut off.”

As reported by NBC News, Emily Hamlin, of Central Islip, had gone to the Planet Fitness gym in Bay Shore, N.Y. to work out on the morning of Feb. 6, 2012. She later collapsed in the bathroom of the women’s locker room, and according to a lawsuit filed by her family, the front desk worker failed to respond right away. According to a sworn statement given by a witness, the male worker said “he didn’t know what to do and that he wasn’t allowed to go into the ladies’ bathroom.”

Security video obtained from inside the gym by Emily’s father, John Hamlin, paints a timeline of the events that morning. At 5:16 a.m., Stephanie Dick, a club member who heard Emily collapse in the bathroom stall, goes out to the front desk to ask for help. The worker does not leave his desk and does not pick up the phone.

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