Dallas County Hail Damage Attorneys

Dallas County Condominium Association Files Wind and Hail Insurance Lawsuit

Raizner Slania has filed a bad faith insurance lawsuit on behalf of a Dallas County condominium association against Peleus Insurance Company, Strata Claims Management, and Engle Martin & Associates. The plaintiff’s wind and hail damage insurance claim was wrongfully denied under Texas law.

March 2016 Wind and Hail Storm

On March 23, 2016, a wind and hail storm swept through Dallas County. The storm caused substantial damage to the roofs, exteriors, and interiors of the property. Immediately upon discovering the damage, the plaintiff filed an insurance claim with Peleus.

In response to the claim, Peleus assigned adjusters, consultants, and agents to the plaintiff’s file that were inadequately and improperly trained. Specifically, Peleus assigned both Strata and Engle Martin to adjust the claim. Strata and Engle Martin in turn assigned the claim to two adjusters.

The adjusters performed a substandard inspection of the property and failed to prepare any estimates or scope of damages or failed to provide them to the plaintiff. Strata, Engle Martin, and the adjusters continually delayed the claims process and did not communicate with the insured during the process.

Strata, Engle Martin, and the adjusters deliberately misevaluated the damage by claiming it was cosmetic only, instead of acknowledging the widespread compromising of the roof systems, necessitating full repairs and replacement. The adjusters further caused additional damages themselves at the site inspection by foot damaging unsupported areas of the roofs.

Strata, Engle Martin, and the adjusters performed an inadequate, incomplete, and unreasonable investigation of the claim. Peleus relied solely on Strata, Engle Martin, and the adjusters when determining what amounts, if any, to pay on the claim. As a result, the plaintiff’s wind and hail damage claim was wrongfully denied.

Violations of the Texas Insurance Code

Our client alleges numerous violations of the Texas Insurance Code, including the failure to effectuate a prompt, fair, and equitable settlement of a claim and misrepresentation of the insurance policies under which it affords property coverage to the plaintiff. Additionally, our client alleges violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA).

Dallas County Hail Damage Attorneys

Insurance companies use a variety of bad faith tactics to avoid paying out on valid claims. Not only is this wrong, it’s illegal. If your wind and hail damage claim has been denied, delayed, or grossly underpaid, the Dallas County hail damage attorneys at Raizner Slania can help. Our attorneys have helped commercial property owners across the country get their rightful payments under their policies. Contact us today for a free consultation to discuss your case.

Barker Reservoir releases

Homeowners File Inverse Condemnation Class Action Lawsuit

Raizner Slania has filed an inverse condemnation lawsuit on behalf of four homeowners whose homes were flooded by the Addicks and Barker Reservoir releases in the aftermath of Hurricane Harvey.

Unprecedented Rainfall From Hurricane Harvey

When Hurricane Harvey hit the Texas coast in late August, it dropped an unprecedented amount of rainfall across Houston. Despite this rainfall, all of the plaintiffs’ homes initially escaped catastrophic flooding. However, the rainfall filled the Addicks and Barker reservoirs. The U.S. Army Corps of Engineers then made the decision to release floodwaters into Buffalo Bayou, knowing that this controlled release would inundate the plaintiffs’ homes.

The reservoirs were built after a catastrophic flood in 1935 to protect downtown Houston from future flooding. By 2009, the dams were deemed to be in “extremely high risk of catastrophic failure.”

The U.S. Army Corps of Engineers owns and operates the dams, which were in the middle of a $75 million renovation when Hurricane Harvey hit Texas. Most of the time, the dams are open, allowing water to flow through to Buffalo Bayou. However, whenever there is heavy rainfall, the Army Corps of Engineers closes the dams.

The U.S. Army Corps of Engineers made the initial decision to pool water within the resevoirs and inundated properties upstream of the reservoirs. Then, they made the decision to release floodwaters downstream into Buffalo Bayou, which inundated thousands of downstream homes and businesses.

The Army Corps of Engineers knew this widespread flooding would occur as a result of the releases, constituting a taking of private property for public use.

Inverse Condemnation

Under the Fifth Amendment, the U.S. government must fairly compensate property owners when taking private land for public use. When the government takes land without following eminent domain procedures, including failing to provide just compensation, it is called inverse condemnation. When inverse condemnation occurs, property owners have a right to file a lawsuit against the government to obtain their rightful compensation.

Inverse Condemnation Claims After Hurricane Harvey

When the U.S. Army Corps of Engineers began controlled inundations and releases from the Addicks and Barker reservoirs after Hurricane Harvey, it effectively took away private property for public use. Ownerswners whose properties survived did not flood because of the catastrophic rain, but flooded as a result of the reservoir releases will need help obtaining compensation. The experienced inverse condemnation lawyers at Raizner Slania can help you understand your legal rights and pursue compensation on your behalf. Contact us today to schedule a free consultation.

Bair Hugger MRSA Lawsuits

North Carolina Man Files Bair Hugger MRSA Lawsuit

Raizner Slania has filed a Bair Hugger MRSA lawsuit on behalf of a North Carolina man against 3M Company and Arizant Healthcare. The man alleges the companies failed to warn him that the Bair Hugger warming blanket has a serious infection risk due to its design.

In June 2014, the plaintiff underwent surgery in which the Bair Hugger device was used throughout the course and scope of his right total hip arthroplasty. The Bair Hugger works by sucking in air from the operating room, heating it, and dispersing it over the patient via a blanket with holes. This allows contaminants in the operating room air to be forced into a patient’s open surgical wounds. As a direct result of the Bair Hugger, the plaintiff sustained a periprosthetic joint infection (PJI), also referred to as a deep joint infection (DJI). The pathogen identified was MRSA.

Methicillin-resistant Staphylococcus aureus or MRSA, is a type of the common staph infection that has grown to become resistant to the antibiotics normally used to treat infections. Ordinarily, the presence of bacteria triggers the body’s immune system response, however, when there is bacteria on an artificial joint, the immune system is not triggered. With a natural resistance to antibiotics and without the immune system’s response, treating a MRSA deep joint infection is incredibly difficult.

In order to fight the MRSA infection caused by the Bair Hugger warming blanket, the plaintiff was forced to undergo extensive medical treatment, including removal and replacement surgeries, aspirations, placements and removals of antibiotic spacers, incision and drainage, and long-term PICC line antibiotics.

The plaintiff has not only suffered physically from the infection caused by the Bair Hugger, but also economically, in the cost of medical treatments. The plaintiff believes the Bair Hugger is defective in both design and manufacture and that 3M Company and Arizant Healthcare negligently misrepresented the safety of the device.

Bair Hugger MRSA Lawsuits

Manufacturers failed to warn patients of the infection risk associated with the Bair Hugger. If you or someone you love suffered an infection after a hip or knee joint surgery within the last five years, call the Bair Hugger MRSA attorneys at Raizner Slania today. We can help you protect your rights and pursue compensation on your behalf.

Nueces County Wind Damage Lawyers

Raizner Slania Files Insurance Lawsuit On Behalf of Local Hotel Owner

Raizner Slania has filed a bad faith insurance lawsuit on behalf of a local hotel owner against AmRisc, LLC, Certain Underwriters of Lloyd’s, London, Indian Harbor Insurance Company, QBE Specialty Insurance Company, Steadfast Insurance Company, General Security Indemnity Company of Arizona, United Specialty Insurance Company, Lexington Insurance Company, Princeton Excess and Surplus Lines Company, International Insurance Company of Hannover PLC, and Vericlaim, Inc.

March 2016 Windstorm

On March 25, 2016, a windstorm swept through Nueces County causing substantial damage to the exterior, windows, and interior of the property. Upon discovering the damage, the plaintiff filed an insurance claim under the policy with the carriers. The plaintiff asked that the cost of repairs be covered pursuant to the policy. The claim was assigned to AmRisc, which in turn assigned the claim to Vericlaim as a third party adjusting firm.

Vericlaim assigned the claim to an internal adjuster who was given decision-making authority over the claim. Verclaim and its internal adjuster conducted an unreasonable and inadequate investigation and denied any wind and water damage to the windows, exterior, or interior of the property.

The internal adjuster ignored or rejected facts, physical indicators, photos, and historical building reports confirming reasonably clear coverage for the windstorm and water damage to the property. Additionally, the internal adjuster assigned unqualified and biased consultants to the claim and failed to do his own investigation of the damages.

The carriers relied on Vericlaim and its internal adjuster’s incomplete investigation to make coverage decisions under the policy and determine what amounts, if any, to pay on the claim. The plaintiff was forced to hire its own representative and demand re-inspections and re-evaluations of the obvious damages to the property that the carriers ignored.

Violations of the Texas Insurance Code

Our clients cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim and refusing to pay a claim without conducting a reasonable investigation. Our client also alleges the carriers violated the Deceptive Trade Practices-Consumer Protection Act (DTPA).

Nueces County Wind Damage Lawyers

If you pay your premium, you deserve coverage under your insurance policy. Many insurance companies are less than honest when paying out claims, but property owners can make sure they get their full coverage by calling the Nueces County wind damage lawyers at Raizner Slania LLP. Contact us today for a free consultation to discuss your case.

Barker Reservoir Release Lawyers

Raizner Slania Files Inverse Condemnation Lawsuit On Behalf of Commercial Building Owner

Raizner Slania has filed an inverse condemnation lawsuit on behalf of the owners of a West Memorial area retail center after the Addicks and Barker reservoir releases flooded the property following Hurricane Harvey.

Hurricane Harvey Makes Landfall on August 25, 2017

When Hurricane Harvey made landfall on August 25, 2017 on the Texas coast, it brought massive amounts of rainfall. Some areas in Houston received 50 inches of rainfall in just four days. However, despite the rainfall, the plaintiff’s property did not experience any flooding.

The Addicks and Barker reservoirs are part of a flood control system in the west side of Houston designed to protect downtown Houston from flooding. The dams on the reservoirs are owned and operated by the U.S. Army Corps of Engineers—a U.S. federal agency that operates under the Department of Defense.

The dams on the Addicks and Barker reservoirs protect downtown Houston from flooding by controlling the amount of water in Buffalo Bayou, the largest waterway running through the heart of the city. Normally, the dams remain open and water is allowed to pass freely, but the Army Corps of Engineers closes the dams during heavy rainfall.

When Hurricane Harvey hit Houston, the dam systems were in the middle of a massive renovation. On August 28, 2017 between midnight and 2:00 a.m., the Army Corps of Engineers began releasing water from both the Addicks and Barker reservoir systems. The Corps announced thousands of properties would experience flooding as a result of the release.

As both reservoir gates opened and released storm water into Buffalo Bayou in the middle of the night, neighborhoods, buildings, homes, offices, and roadways that were not otherwise flooded by Hurricane Harvey—including the plaintiff’s property—became inundated with water that continued to rise throughout the night and over the course of the next several days. Because of the rapid progression of rising water, many people did not have time to pack up or salvage any belongings and had to be rescued by boat, taking along nothing but the clothes on their backs.

Controlled releases of the reservoirs continued and many homes and businesses remained completely underwater for weeks. The plaintiff’s property was flooded by four to six feet of water that did not recede for over a week. The plaintiff’s property suffered severe interior and structural damage caused by the floodwaters.

Beyond the costs to repair the property and what may be months or years of lost rent, the plaintiff also faces a decrease in the fair market value of its property, both in the rental market and the sales market. Worse still, even once the plaintiff’s property is restored or rebuilt, the continued and long-term effects of mold, deterioration, and rot due to the unprecedented amount of time floodwaters sat inside the property remain unknown.

Violations of the Fifth Amendment

Under the Fifth Amendment, the government is prohibited from taking private property for public use without providing just compensation. When the Army Corps of Engineers decided to begin controlled releases of the reservoirs after Hurricane Harvey, it was for public use, constituting a taking of the plaintiff’s property.

Addicks and Barker Reservoir Release Lawyers

If your property was flooded by the Addicks and Barker reservoir releases, Raizner Slania can help you pursue just compensation under the Fifth Amendment. Contact us today for a free consultation to discuss your case.

Bair Hugger Staph Infection Lawsuits

Illinois Woman Files Bair Hugger Staph Infection Lawsuit

Raizner Slania has filed a Bair Hugger staph infection lawsuit on behalf of an Illinois woman against 3M Company and Arizant Healthcare after the woman sustained a severe infection from the device. The woman alleges 3M Company and Arizant Healthcare failed to warn her of the infection risk associated with the device.

In April 2013, the plaintiff underwent a right total hip replacement surgery in which the Bair Hugger was used throughout the scope of the procedure. As a direct result of the Bair Hugger, contaminants were introduced into her open surgical wound that caused her to develop a periprosthetic joint infection (PJI), also referred to as a deep joint infection (DJI). The pathogen identified was Staphylococcus.

Staphylococcus, or Staph, is gram-positive bacteria commonly be found on the human skin or in the nasal cavities. While Staph is normally found on the human body, it can cause severe infections when it is inside the body. When bacteria are present inside the body, the immune system detects its presence and responds. However, if bacteria are present on an artificial joint, the immune system cannot detect its presence and therefore doesn’t respond.

Deep joint infections are incredibly difficult to treat without the body’s natural immune response helping fight the infection. Patients often have to undergo extensive treatment and additional surgeries to treat the infection.

This was the case for the plaintiff, who had to undergo long-term antibiotic therapy, irrigation and debridement with a single staged removal, and replacement surgery to treat the Staph infection from the Bair Hugger.

The plaintiff alleges the Bair Hugger device is defective in both its design and its manufacturing. She also believes 3M Company and Arizant Healthcare engaged in consumer fraud and/or unfair and deceptive trade practices.

Bair Hugger Staph Infection Lawsuits

Patients who suffer deep joint infections from the Bair Hugger device not only suffer physically, but also economically. The Bair Hugger attorneys at Raizner Slania can pursue every avenue of compensation on your behalf. There is no upfront cost for working with us. All of our attorneys work on a contingency fee basis, meaning you won’t owe us anything unless we help you obtain compensation. If you suffered an infection after a hip or knee joint surgery within the last five years, call us today to schedule a consultation.