California Man Wins Bad Faith Insurance Lawsuit against Atlantic Mutual
A California man with commendable aspirations recently won a bad faith insurance lawsuit against the Atlantic Mutual Insurance Company after the insurer simply ignored his claim regarding a gym accident that left him a quadriplegic.
A California claim that was ignored
According to news reports, Harold Bostick, a 39-year old former marine with degrees in chemical engineering and business - and who had just started law school at Pepperdine University - has his world turned upside down after faulty gym equipment manufactured by the Flex Equipment Company and located at the Gold's Gym in Venice, California broke and left him a quadriplegic.
Bostick sued both the equipment manufacturer and the gym for his injuries and alleged that the equipment did not contain the necessary safety straps to avoid injury. He settled his lawsuit with the gym for $7.3 million and offered to settle with the equipment manufacturer - but their insurance company - Atlantic Mutual - simply ignored his offer. The case went to trial and Bostick was awarded $11.3 million for the manufacturer's part in his injuries and for its insurer's bad faith practices.
While Bostick lost a great deal from his accident, he said that he tries his best to stay up-beat and positive. Although a great deal of his damage awards went to hospital bills, he has said that he plans to use some of the money to help others who have become disabled that still want to make sports a part of their lives.
Your right to compensation
When you've been injured due to the negligence of another, you have the right to be compensated for your injuries. In this case, both the manufacturer and the gym had a duty to maintain the equipment so that it was safe to use. They breached that duty, it caused Bostick's injuries and he was entitled to damages by the means of compensation. This case also dealt with other areas of the law - in particular, products liability and bad faith insurance practices. Bostick was able to rely upon the expertise of a qualified attorney with experience in all of these matters - and you can, too.
If you've sustained a personal injury from a defective product, contact a personal injury or products liability attorney to discuss your situation and determine what options you might have. As always, consultations are free, without obligation and are strictly confidential.
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