$350 Million Lawsuit Filed Against a Chesapeake Gymnastics Academy for Negligence Leading to Quadriplegic Injury of a Teenage Boy

For more information, contact: Courtney Sweasy, Breit Biniazan, [email protected]

Case Details

Virginia Beach, VA — On September 25, Breit Biniazan will be filing a $350 million lawsuit on behalf of Cody Bennett, a minor, and his parents, Megan Buchholz and Doug Bennett, seeking accountability for hidden dangers at a Chesapeake gymnastics facility resulting in his quadriplegia. 

The case, to be filed in Virginia Beach Circuit Court, names as defendants Evolution Gymnastics Academy, LLC; 409 Network Station, LLC; Hurricane Gymnastics, Inc.; Wheatheart Investments, LLC; Anthony G. Hampton; and Britney K. Ranzy as defendants. 

The lawsuit alleges defendants installed and maintained a foam pit that was dangerously narrow, short, and shallow. Because of its dangerous dimensions, installation, and maintenance, including their failure to adequately equip and replace foam blocks within the foam pit, Bennett – while performing a routine maneuver on a high-bar – landed upon the edge of the pit causing traumatic cervical spine distraction with spinal cord injury resulting in quadriplegia. 

On July 24, 2024, Plaintiff attended an “open gym” session and while making appropriate use of the high bar positioned over the loose foam pit, Plaintiff released from the bar and landed in a manner resulting in an acute cervical spine distraction with spinal cord injury resulting in quadriplegia. 

“Children and families place their trust in organizations and facilities to provide safe, supportive environments,” said Kevin Biniazan, attorney for the plaintiff. “When that trust is violated, and harm results, accountability is not optional—it is essential.” 

“Cody’s perseverance through these difficult times serves as an inspiration for us all. But his story and life will forever be marred by the carelessness of others that we must now hold them accountable for,” said Biniazan.

The case underscores a growing need for oversight and accountability in youth-serving organizations, where negligence or misconduct can have devastating and lifelong consequences for children.

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About Breit Biniazan

Breit Biniazan is a trial-focused law firm made up of trial lawyers who are passionate and dedicated to finding justice for clients who have been harmed through no fault of their own. Breit Biniazan has achieved some of the largest personal injury and wrongful death settlements and verdicts in Virginia.

With offices throughout Virginia and Phoenix, Arizona, Breit Biniazan represents catastrophically injured clients in trucking, product liability and sexual abuse disputes. Breit Biniazan’s success in handling the most significant injury cases has also led to a successful mass tort and class action practice throughout the country.

Convenience Store Crashes: Do You Have A Claim?

In the United States, there are more than 150,000 convenience stores that account for over $700 billion in annual sales (National Association of Convenience Stores). In 2018, there were over 5,000 reported crashes at convenience stores, resulting in over 8,000 injuries and more than 200 fatalities. (National Highway Traffic Safety Administration).

Have you been involved in or affected by a crash at a convenience store or any privately owned building? The physical and emotional toll of such an incident can be overwhelming, to say the least. It may turn out that the store itself was responsible for causing/avoiding the crash, and you may be entitled to financial compensation for your losses based on a premises liability claim.

In this blog post, we’ll explain what kind of claims could potentially arise from crashes at convenience stores as well as how best to go about making them. We are proud professional personal injury attorneys with vast experience in legal proceedings who understand the necessary steps one needs to take in order to receive fair compensation after such incidents occur, so read on if you would like more information!

What Is A Premises Liability Claim?

A premises liability claim is a type of legal action that occurs when someone is injured or suffers harm due to the negligent acts or omissions of a property owner. This type of case covers any injury caused by an unsafe condition on commercial, residential, or public property. Depending on the extent of the incident, a premises liability claim can result in significant compensation for medical bills, lost wages, and pain and suffering.

It is important to note that these claims must be filed within a certain timeframe to ensure the success of any legal action taken against the responsible parties. Knowing your rights as a victim can go a long way towards reclaiming what was taken from you due to someone else’s negligence. If you think that you may have a case due to a property owner’s negligence, contact our premises liability lawyers for specialized advice and expertise.

Examples Of Building Crashes Where Premises Liability Was Established

Depending on the state, convenience store owners may also be held liable for damages if they failed to maintain their property in a safe condition. If a convenience store owner is found to be liable for a crash, they may be required to pay for property damage, medical expenses, and other damages.

Case Examples:

7-Eleven To Pay $91 Million To A Suburban Man Who Lost Both Legs In A Storefront Crash

A 57-year-old suburban man received a $91 million payout from the convenience store chain after a car pinned his legs against the front of a Bensenville 7-Eleven.

According to James Power, one of the attorneys representing the plaintiff, who asked to be identified only as “Carl” to avoid drawing attention to his windfall, the 2017 crash was one of the thousands of similar incidents identified in discovery for the case, collisions that frequently resulted in crippling injuries.

The crashes could have been prevented if 7-Elevens had installed bollards — thick posts anchored in the ground — between storefronts and parking spaces, Power said. (Chicago Sun Times, 2023).

Apple Store Crash Massachusetts

Two victims injured when a car crashed into an Apple store filed lawsuits, alleging that various development companies failed to protect people by failing to install barriers near the store.

According to the Plymouth County District Attorney’s Office, one person died and at least 19 others were injured when an SUV drove through an Apple store in Hingham, Massachusetts, on November 21.

“For a few dollars, a couple of barriers could’ve easily prevented this entire tragedy,” Doug Sheff, a lawyer for the two victims, said at a press conference. (CNN Business, 22).

Car Crashes In Seattle Are Getting Worse

Vehicles colliding with buildings accounted for roughly one-third of all building crashes in Seattle last year. A car was T-boned on Eastlake Avenue in March, lost control, and plowed through the entrance to Lo-Fi Seattle, a popular venue for dancing to soul and ’90s music. The front section of the club was temporarily closed due to the destruction.

During business hours in May, a car drove through the windows of Coastal Kitchen, a decades-old Capitol Hill restaurant, while customers were seated. Although no one was injured, the car totaled the façade and collided with a support pillar, necessitating repairs to ensure the building’s structural integrity. The restaurant was closed for six months while it was rebuilt and rebranded (The Seattle Times, 2023).

The above scenarios highlight why barriers and bollards are detrimental; in these cases, businesses were lucky enough to avoid premises liability claims due to nobody getting hurt; however, the damage caused could have been avoided.

What Are The Legal Implications Of A Convenience Store Crash?

Should the unexpected occur and a convenience store crash takes place, there are serious legal implications that should be taken into account. Suffice it to say that this type of crash requires preparation as well as an understanding of the applicable laws and regulations.

Those who own and operate convenience stores must ensure they understand everything from public safety statutes to environmental regulations and be confident in their ability to anticipate and handle any potential legal consequences resulting from an incident. As store owners can attest, taking pride in one’s facility means expecting the best while preparing for the worst.

What Are The Steps For Filing A Claim For A Convenience Store Crash

If you’ve been involved in a crash involving a convenience store, filing a claim can seem daunting. However, it is essential to remember that you have rights and should be compensated for any injuries or loss of property due to another’s negligence. The first step to pursuing this claim is to evaluate the facts surrounding the incident, taking note of all relevant information such as the date and time of the accident, with whom and where the collision occurred, any applicable insurance policies, and whether any images or videos were taken.

Afterwards, you’ll want to speak with both your insurance carrier and an experienced litigator. Your lawyer will help determine who is responsible for your damages, advise you on your legal options going forward, and assist in filing any necessary paperwork with the court or other organizations. Together, through tenacious advocacy and careful documentation of evidence, you can take control of this process and make sure your voice is heard.

If you think you may be eligible for being awarded damages due to premises liability, contact our premises liability attorneys at Breit Biniazan, today.

What Are The Statutes Of Limitations For Filing A Claim For A Convenience Store Crash?

If you or someone you love has been injured in a convenience store crash, it is important to know precisely when the deadline is to file a claim. Depending on where the crash occurred and the type of injury sustained, the timeframe to file can vary significantly. In most cases, victims have up to two years from the date of the crash to begin legal proceedings against an at-fault party — but this is not always the case.

It is crucial that you understand your local statutes of limitations for filing a claim so as to not miss out on vital financial compensation and justice. Take pride in protecting yourself by obtaining clear answers and guidance regarding these seemingly complex legal matters; contact a premises liability lawyer for expertise and information.

What Are The Damages Recoverable In A Convenience Store Crash Claim?

In a convenience store crash claim, those who have been injured may be eligible to receive damages for all related expenses that have occurred as a result of the incident. These damages typically include compensation for lost wages and medical bills, as well as any other costs associated with the injury or accident, such as property damage or pain and suffering.

Those who are responsible or have been negligent in causing a convenience store crash can also be held liable and responsible for punitive damages, depending on their actions and the laws within your jurisdiction. All of these potential forms of compensation can make filing a claim incredibly worthwhile and empowering for the injured party when pursuing justice.

What to Do if You’re Injured By a Defective Product at Work

2.7 million. That’s how many U.S. workers suffer non-fatal workplace injuries and accidents in 2020. 

Tragically, another 4,764 workers were killed on the job that year.

While some personal injuries may result from the employee or employer’s actions (or inaction), other injuries can be directly attributed to defective products and equipment. 

When this happens, it’s important for workers to understand their legal recourse. This article outlines the basics of product liability and what to do if you’ve been injured by a defective product at work. 

Jump Ahead

The Three Types of Product Liability Claims

Most product liability claims fall into one or more of three categories.

Design Defects

These types of defects are inherent in the design of the product. 

In other words, even if the product is manufactured perfectly and used exactly as intended, it can still cause injury.

Manufacturing Defects

As the name implies, manufacturing defects occur during the manufacturing process.  

Some manufacturing defects are specific to one particular product, while others may involve an entire defective batch. 

Failure to Warn Defects

All product and equipment manufacturers are required to warn consumers about any dangers these products pose. Failure to warn defects can include:

In these claims, the injured person alleges that they wouldn’t have been injured but for the product’s inadequate warning or instruction.

Defective Product Injuries and Workers’ Compensation

Those who are injured on the job may be entitled to workers’ compensation benefits. These benefits can cover lost wages, medical expenses, and other costs directly flowing from the injury.

However, workers’ compensation isn’t your only path to recovery for a workplace injury—especially if you’re injured by a defective product.

You may be able to file a product liability lawsuit against the product designer, manufacturer, or retailer.

In some cases, receiving product liability damages may require that you repay workers’ comp benefits so as not to “double-dip.” 

Bottom line: don’t assume that you don’t have additional recovery options if you’re pursuing a workers’ comp claim.

Common Defective Product Workplace Injuries

A defective product can strike at any time—including when you least expect it.

According to the National Safety Council, the causes of the most common workplace injuries include:

Meanwhile, some of the most common types of equipment that might be defective include:

Nearly every workplace includes items that, if defective, could injure workers.

What to Do After a Workplace Accident 

If you’re injured in a workplace accident, one of the first things your employer might try to do is move or discard the item that caused your injury.

And there are good reasons for this—including avoiding further injury to others.

But tampering with the equipment that caused your injury can have consequences. Your employer may be trying to limit their own liability. Or they might assume that if you’re filing a workers’ compensation claim, the specific cause of the accident doesn’t matter.

If you’re injured on the job, tell your employer that you want whatever you were using to be set aside so your attorney can examine it and see if it’s defective. Just because you have workers’ compensation coverage doesn’t mean you don’t also have a product liability claim. Preserving the product can strengthen this claim.

Contact a Lawyer About Your Case

At Breit Biniazan, our personal injury attorneys have helped hundreds of injured workers recover damages from product manufacturers, distributors, and retailers. If you or a loved one has been injured by a defective workplace product, contact our office today to discuss your options. To set up a free consultation, contact us online or call us at (855) 659-4457.

Can I Sue a Manufacturer Representative?

Yes, you can. Unfortunately, manufacturers typically have the resources and insurance coverage to fight product liability lawsuits. In addition, a lawsuit against a representative can quickly eat up a significant portion of the defendant’s available funds. In some cases, you may be able to file a product liability lawsuit directly against the representative.

What are the grounds for suing a manufacturer’s representative?

First of all, the manufacturer’s sales representative is not personally liable for the medical device’s malfunction. But if the representative is negligent or fails to supervise the patient properly, a plaintiff can still sue the manufacturer. If the case can be proven, the representative could be liable for the injury. However, the court is unlikely to grant summary judgment in favor of the manufacturer in this case, and the plaintiff must prove that they were injured in the course of their work.

The grounds for suing a manufacturer’s representative can vary depending on the situation. Some of the most common reasons to file a product liability lawsuit against a representative include:

– The representative failed to provide adequate safety information or instructions with the product

– The representative knowingly sold a defective product

– The representative misrepresented the safety of the product

What are the consequences of suing a manufacturer’s representative?

The consequences of suing a manufacturer’s representative can vary depending on the situation. Some of the most common consequences include:

– The representative may be unable to pay a significant judgment if the lawsuit is successful

– The representative may be subject to disciplinary action from their employer

– The representative may face criminal charges if they are found guilty of a crime related to the product

What is the process for suing a manufacturer’s representative?

A manufacturing representative can be sued for negligence, particularly if the representative doesn’t follow the correct protocols. In this case, you’ll need to prove that the representative failed to deliver what was promised and the patient suffered injury as a result. Bottom line, if you have a claim against a representative, you deserve your day in court.

The process for suing a manufacturer’s representative typically includes the following steps:

– File a complaint with the court

– Serve the complaint on the representative

– The representative will file an answer to the complaint

– The parties will exchange discovery documents

– The representative may file a motion to dismiss the case

– The parties will argue their case in front of a judge and or jury

What are some common Manufacturer Representative agreements?

Manufacturer representatives typically enter into agreements with the manufacturers they represent. These agreements can vary in terms of the responsibilities and obligations of the parties involved. Some of the most common types of agreements include:

– Exclusive representative agreement

– Territory agreement

– Sales representative agreement

Manufacturer representative agreements can vary in terms of the responsibilities and obligations of the parties involved. Some of the most common types of agreements include: exclusive representative agreements, territory agreements, and sales representative agreements. 

If you have a claim against a manufacturer’s representative, it is important to understand what type of agreement is in place between the two parties. This will help you determine which party may be held liable for any injuries that occur as a result of using the product.

Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.

Can I Sue a Manufacturer Representative?

Yes, you can. Unfortunately, manufacturers typically have the resources and insurance coverage to fight product liability lawsuits. In addition, a lawsuit against a representative can quickly eat up a significant portion of the defendant’s available funds. In some cases, you may be able to file a product liability lawsuit directly against the representative.

What are the grounds for suing a manufacturer’s representative?

First of all, the manufacturer’s sales representative is not personally liable for the medical device’s malfunction. But if the representative is negligent or fails to supervise the patient properly, a plaintiff can still sue the manufacturer. If the case can be proven, the representative could be liable for the injury. However, the court is unlikely to grant summary judgment in favor of the manufacturer in this case, and the plaintiff must prove that they were injured in the course of their work.

The grounds for suing a manufacturer’s representative can vary depending on the situation. Some of the most common reasons to file a product liability lawsuit against a representative include:

– The representative failed to provide adequate safety information or instructions with the product

– The representative knowingly sold a defective product

– The representative misrepresented the safety of the product

What are the consequences of suing a manufacturer’s representative?

The consequences of suing a manufacturer’s representative can vary depending on the situation. Some of the most common consequences include:

– The representative may be unable to pay a significant judgment if the lawsuit is successful

– The representative may be subject to disciplinary action from their employer

– The representative may face criminal charges if they are found guilty of a crime related to the product

What is the process for suing a manufacturer’s representative?

A manufacturing representative can be sued for negligence, particularly if the representative doesn’t follow the correct protocols. In this case, you’ll need to prove that the representative failed to deliver what was promised and the patient suffered injury as a result. Bottom line, if you have a claim against a representative, you deserve your day in court.

The process for suing a manufacturer’s representative typically includes the following steps:

– File a complaint with the court

– Serve the complaint on the representative

– The representative will file an answer to the complaint

– The parties will exchange discovery documents

– The representative may file a motion to dismiss the case

– The parties will argue their case in front of a judge and or jury

What are some common Manufacturer Representative agreements?

Manufacturer representatives typically enter into agreements with the manufacturers they represent. These agreements can vary in terms of the responsibilities and obligations of the parties involved. Some of the most common types of agreements include:

– Exclusive representative agreement

– Territory agreement

– Sales representative agreement

Manufacturer representative agreements can vary in terms of the responsibilities and obligations of the parties involved. Some of the most common types of agreements include: exclusive representative agreements, territory agreements, and sales representative agreements. 

If you have a claim against a manufacturer’s representative, it is important to understand what type of agreement is in place between the two parties. This will help you determine which party may be held liable for any injuries that occur as a result of using the product.

Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.

Ways to Find “Affirmative Conduct” in a Premises Case

Premises liability cases can be a complex affair. For defendants, proving that the plaintiff’s injuries were not caused by affirmative conduct on their part can be essential to winning the case. However, proving such conduct can be difficult.

What is “affirmative conduct”?

“Affirmative conduct” is a term that refers to taking positive steps to address discrimination, harassment, and other forms of bias. It is often used in the context of employment law, but can also be applied more broadly to any situation where one group enjoys an unfair advantage over another. 

The goal of affirmative conduct is to level the playing field by making sure that everyone has an equal opportunity to succeed. This can involve a variety of different measures, such as implementing quotas or providing training on how to reduce bias. Whatever form it takes, affirmative conduct is an important way of combating prejudice and promoting equality.

How can you find “affirmative conduct”?

In any premises liability case, it is the plaintiff’s burden to prove that the defendant is liable for injuries suffered on the property. This can be accomplished by showing that the defendant owed the plaintiff a duty of care and that this duty was breached. In some cases, however, the defendant may argue that the plaintiff “assumed the risk” of injury by voluntarily entering into a dangerous situation. 

To counteract this argument, the plaintiff must show that the defendant took affirmative steps to make the premises safe. For example, if a sign warning of a slippery floor is posted in an obvious location, this would be considered an affirmative act. By contrast, simply failing to clean up a spill would not be considered an affirmative act. As such, it is important for plaintiffs to be aware of this distinction when pursuing a premises liability claim.

What are the benefits of finding “affirmative conduct”?

There are many benefits to finding affirmative conduct in a premises case. First, it gives the jury a clear message that the defendant is not above the law. Second, it provides an opportunity for victims to come forward and speak out against their attacker. Third, it helps to ensure that dangerous individuals are not given preferential treatment by the justice system. 

Finally, it sends a strong message to potential attackers that they will be held accountable for their actions. Affirmative conduct is an important tool in the fight against sexual assault, and its benefits are clear. By working together to find and punish those who engage in this conduct, we can make our world a safer place for everyone.

What are the consequences of not finding “affirmative conduct”?

Premises liability law is designed to protect people who are injured on another person’s property. In order to recover damages in a premises liability case, the injured person must prove that the property owner was negligent in some way. 

One way to prove negligence is to show that the property owner knew or should have known about a dangerous condition on the property and failed to take steps to fix it. However, if the property owner can show that he or she took affirmative steps to address the dangerous condition, then he or she may be able to avoid liability.

Not finding affirmative conduct can have severe consequences for a property owner. If a court finds that the property owner did not take reasonable steps to address a known danger, then the property owner may be held liable for any injuries that occur as a result of that danger. Furthermore, the property owner may be required to pay punitive damages in addition to compensatory damages. As such, it is important for property owners to take affirmative steps to ensure the safety of their guests.

What are examples of “affirmative conduct?”

“Affirmative conduct” refers to any action that affirms or reinforces a stereotype or biased attitude. For example, if a woman is told that she is “too emotional” to be taken seriously, she may begin to downplay her emotions in order to appear more competent. This is an example of affirmative conduct. 

Another example might be a white person who consistently uses racial slurs in order to seem “cool.” While affirmative conduct may seem like harmless fun, it can actually reinforce harmful stereotypes and attitudes. In some cases, it can even lead to discrimination and violence. Therefore, it is important to be aware of the potential consequences of our actions before we engage in them.

How does “affirmative conduct” impact a premises case?

In a premises case, “affirmative conduct” can be used to hold the property owner liable for any injuries that occur on their property. This means that the property owner must take active steps to ensure the safety of their guests, and they can be held responsible if they fail to do so. For example, if there is a loose step on a staircase, the property owner must take steps to fix it or warn guests about it. If a guest is injured as a result of the loose step, the property owner may be held liable. 

Similarly, if a property owner knows that there is a dangerous animal on their property, they must take steps to warn guests or remove the animal. If a guest is attacked by the animal, the property owner may be held liable. In short, affirmative conduct requires property owners to take active steps to ensure the safety of their guests, and they can be held responsible if they fail to do so.

What is the definition of a premises case?

A premises case is a type of legal case that arises when someone is injured while on another person’s property. These cases are based on the legal theory of negligence, which holds that property owners have a duty to keep their premises safe for visitors. If they fail to do so and someone is injured as a result, they may be held liable for damages. 

Premises cases can involve a variety of different accidents, including slip and fall accidents, wrongful death, and more. To succeed in a premises case, the injured party must usually prove that the property owner knew or should have known about the hazard that caused the accident and failed to take reasonable steps to remedy it. If you have been injured while on another person’s property, you may have a premises case. Contact an experienced personal injury attorney to learn more about your rights and options.

What are the different types of premises cases?

There are four different types of premises cases: negligence, when a property owner does not take reasonable care to keep their property safe; strict liability, when an injury is caused by an “abnormally dangerous activity” taking place on the property; intentional wrongs, when an injury is caused by the deliberate action of the property owner; and trespass, when someone unauthorized enters the property and is injured. 

In each case, the plaintiff must prove that the defendant knew or should have known about the hazard that caused the injury, and that they failed to take reasonable steps to address it. If successful, the plaintiff may be awarded damages for their injuries.

What are the steps to take if you believe you have found “affirmative conduct?”

If you believe you have discovered “affirmative conduct” on a premises, there are certain steps you can take to confirm your suspicions and take appropriate action. First, try to determine the source of affirmative conduct. This may require some investigation, but it will be important to identify the specific location of the problem.

 Once you have pinpointed the source, you can then take steps to mitigate the damage. This may involve cleaning up the area or making repairs to the premises. In some cases, it may also be necessary to contact law enforcement or other authorities. By taking these steps, you can help to ensure that affirmative conduct does not continue and that any damage caused by it is quickly resolved.

If you believe you have a premises liability case, contact our expert team of lawyers at Breit Biniazan for a consultation. We’ll help you determine if you have a case and what your next steps are to get the recovery you deserve.

Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.