Metier Law Firm Personal Injury Blog

About the Denver Post

Our law firm's founding partner, Tom Metier, was recently asked by the Denver Post to provide his opinion on the recent lawsuits filed against Instagram and Facebook parent company, Meta.  


Parents across the country have seen devastating and sometimes tragic effects from their children using social media - particularly IG and FB.  Multiple lawsuits have recently been filed in the wake of the 2021 Congressional tesimony by Data Scientist and whistleblower, Francis Haugen. 


In a Facebook presentation from March 2020 that she leaked to the Wall Street Journal, it stated "32 percent of teen girls said that when they felt bad about their bodies, Instagram made them feel worse.”  Facebook responded saying the Instagram study was taken out of context.  Although a majority of teenage girls see their friends face to face daily at school and after school, their app does more good than harm for teenage girls and other users by connecting them with friends online.

From the Denver Post article:

The mother of a 14-year-old Castle Rock girl who became addicted to social media sued the parent company of Facebook and Instagram this month on the grounds the company deliberately designed addictive, dangerous products and failed to warn users of the potential pitfalls.

...

Fort Collins attorney Tom Metier said the lawsuit raises “viable” arguments.

“There’s a pattern, according to the complaint … (of the company recognizing) what will make Meta more popular and therefore drive more profits in advertising dollars, and at some point, and apparently many points, it’s alleged the choice was made to create harm in exchange for profit,” he said. “And so there’s an intentionality that could be devastating for Meta.”

He added that in most product liability cases, manufacturers of physical products are required to identify the strengths and weaknesses of their products and consider what harm the products could cause. Companies have a duty to make reasonably safe products, and when a product can’t be made physically safe, companies must warn consumers about the “truth of the dangers,” he said.

Similarly, parents who did not grow up using Instagram and Facebook need to be told about the actual psychological danger of the platforms, he said.

“Saying, ‘You should monitor your children’s use of their computers and cellphones and social media use’ is completely inadequate,” he said. “Because that doesn’t tell you the kind of information you need to know about suicide rates, self-abuse, many, many things that occur as a result.”

The lawsuits come out of Facebook whistleblower’s Frances Haugen’s testimony before Congress last year, Richardson said.

Haugen claimed that the company’s internal research showed Instagram, a photosharing platform, worsened mental health particularly for girls on the site, leading to body-image problems and in some cases eating disorders or suicidal thoughts.

She backed up her reports with tens of thousands of pages of documents she copied before leaving her job at Facebook, where she worked in the company’s civil integrity unit.

Read the full article by Shelly Bradbury
 
Bradbury, Shelly. "Instagram addiction: Castle Rock mother sues Facebook parent company over daughter’s social media use" The Denver Post,  6/17/2022, https://www.denverpost.com/2022/06/17/instagram-addiction-lawsuit-colorado-facebook-castle-rock/
 

TL;DR: $4.5 Million Injury Verdict

• Colorado jury awarded $4.5 million to a 28-year-old classically trained musician who fell from a ropes course dismount platform, breaking both legs and her wrist, leaving her unable to play her instrument or hike more than 2 miles
• The camp removed critical safety features three weeks before the accident—eliminating the continuous safety cable and rope belay that previously kept participants secured until feet touched the ground, leaving them on a 2x2 platform 10 feet high with no fall protection
• Despite signing a liability waiver, the plaintiff won by proving "willful and wanton" conduct—a heightened legal standard requiring proof that the camp knew the redesigned platform was dangerous but used it anyway in reckless disregard for participant safety
• The redesigned platform required participants to climb down an extension ladder with no safety mechanism, and when the plaintiff landed on the platform after zipping across a tightrope, she lost balance and the pulley slipped off the cable as designed, causing her to crash into the forest floor
• The $4.5 million verdict compensated past and future medical expenses, lost income, pain and suffering, loss of enjoyment of life, and permanent impairment—demonstrating that waivers don't protect businesses that act recklessly and remove established safety features

‍

About the Verdict

On May 20, 2022 a Colorado jury returned a $4.5 Million verdict for a plaintiff who fell from the dismount platform of a high ropes course, breaking both of her legs and her wrist. The plaintiff, a classically trained musician and avid adventurer, was left unable to truly play her beloved instrument or hike more than about 2 miles. Metier Law Firm’s trial team of Mike Chaloupka, Becca Fisher, and Tom Metier represented the plaintiff during the five-day trial in federal district court. 

The plaintiff was 28 years old when she visited an outdoor focused camp and retreat center in the Colorado mountains for a large family reunion. About a month prior to arrival, plaintiff and her family members had the option to sign up for a variety of activities, including the high ropes course, and were required to sign a liability waiver of all claims arising out of their activities at the camp. Unbeknownst to the group, the camp had changed the dismount platform for the high ropes course about three weeks before their family reunion, and removed critical safety features including both a continuous safety cable and rope belay which previously kept participants “on belay” until their feet were touching the ground. The redesigned platform left participants on a 2 foot by 2 foot platform, 10 feet in the air, disconnected from the continuous safety cable, with no rope belay, and required them to climb down an extension ladder with no safety mechanism to prevent a fall from height. 

And a fall from height is precisely what happened. With permission, the plaintiff “zipped” across the final element of the course—a short 15-foot tightrope—toward the 2x2 dismount platform using her pulley attached to the continuous safety cable system. While she was able to get both feet on the platform, she never found her balance, and in the second the plaintiff realized she was falling, she grabbed for the tether that was supposed to attach her to the continuous safety cable. But instead of breaking her fall, the pulley slipped off the end of the cable—as intended—and the plaintiff crashed into the hard forest floor.

Because the plaintiff had signed a waiver, she was required to prove that the camp had acted “willfully and wantonly,” and not just negligently. In other words, the plaintiff had to prove that the camp knew that the redesigned dismount platform was dangerous and had participants like the plaintiff use it anyway, in reckless disregard of the safety of those participants. Despite this heightened burden, the trial team was successful and obtained an amazing outcome for our client.

At the end of trial, the jury found in favor of the plaintiff. She was awarded significant money damages—$4.5 Million—to compensate her for past and future medical expenses, past and future lost income, pain and suffering, loss of enjoyment of life, and permanent impairment.

TL;DR - Key Takeaways:

• Motorcycle accidents typically result in more severe injuries than car accidents due to rider exposure and visibility issues, requiring comprehensive documentation of property damage, injuries, and scene evidence immediately after the crash.
• Compensation claims can be affected by driver negligence factors like lane splitting and impaired driving, as well as non-driver issues including hazardous road conditions and mechanical defects.
• Economic damages include hospital bills, surgical costs, and lost wages, while non-economic damages cover emotional distress, chronic pain, PTSD, and loss of life enjoyment.
• Critical evidence supporting claims includes witness statements, medical records, crash investigation data, lost income documentation, and proof of defective motorcycle parts.
• Delayed claim filing reduces the likelihood of court acceptance and compensation recovery, as at-fault parties often use late filing as a primary defense strategy.

‍

Make sure following your motorcycle crash that you provide all documentation of the scene, including photos of your property damage, injuries, opposing party’s vehicle, etc. In order to get the most in returns, injured riders need to provide the most detailed information, which the team at Metier Law Firm can help with! Other available evidence to support your accident claim include:

is one of the most freeing activities, and having that freedom stripped away from you can feel devastating. The team of injury lawyers at Metier Law Firm wants to help you get back to riding in no time!

Collisions involving motorcycles oftentimes lead to more severe injuries than those involving cars, trucks, or SUVs. Due to the small size of motorcycles, drivers sometimes have a harder time seeing bikers on the road. It’s imperative, and is actually a law in all 5 states we serve, that bikers must wear protection like helmets to mitigate the risk of serious injury.

The most important action following a motorcycle accident is determining compensation for your damages. Several factors may attempt to mitigate your returns, that is why you need a dedicated motorcycle accident lawyer to help guide you through all the complex legal steps!

Metier Law Firm operates in 5 states, including Colorado, Nebraska, Oregon, Washington, and Wyoming. Statutes and laws vary from state to state, but all states impose liability on drivers causing motorcycle crashes resulting from

• Lane splitting
• Driver negligence
• Impaired driving

Non-driver-related factors can cause motorcycle accidents as well, including hazardous road conditions, or even defects or issues with your motorcycle. These driver error factors can all contribute to your motorcycle accident claim. Working with a trusted source at Metier Law Firm ensures you won’t miss any potential relief that could be thrown your way!

Types of Damages Resulting from a Motorcycle Accident

Motorcycle accidents can cause physical, mental, and economic damages. The damages endured can prove to even be catastrophic in some cases. From minor injuries like scrapes or bruises, to more serious ones like traumatic brain injuries, suffering from any severity of personal injury can cause you mental turmoil and time away from work. Motorcycle accident injuries may also lead to a full array of economic expenses including:

• Hospital expenses
• Potential surgical expenses
• Lost wages from time away recovering
• Recovery expenses (including medical bills and pharmaceuticals)

Besides economic damages, a lot of the damages sustained in a motorcycle accident include non-economic damages. Non-economic damages can be difficult in assigning a monetary value due to their complexity. Working with an experienced Metier Law motorcycle accident attorney can help you get compensated for your losses and mitigate these complexities. Common types of non-economic motorcycle crash damages include:

• Emotional distress
• Chronic pain
• Anxiety
• Post Traumatic Stress Disorder
• Loss of enjoyment of life

We never want to see motorcycle riders go through any of these circumstances. Working with an experienced motorcycle accident lawyer at Metier Law Firm means you have our complete dedication and commitment to your recovery. 

Evidence Available to Support Your Motorcycle Accident Claim

• Witness statements
• Medical documentation
• Crash investigation data
• Lost income estimates
• Proof of defective or faulty part from your motorcycle

It is imperative you file your claim for compensation as soon as possible following your motorcycle crash. The longer you wait before filing a claim in any of the 5 states we serve, the less likely the court will hear your case, and the less likely you will be able to seek compensation. The at-fault party may also use your delayed filing as a primary defense for their claim. 

Contact a Trusted Motorcycle Accident Lawyer at Metier Law Firm

Having a dedicated motorcycle crash injury lawyer on your side will only benefit your case. Our team will help you in understanding your rights, connect you with great medical and healthcare providers, help you gather case evidence, and help you negotiate with insurance companies. Why wait? If you have been injured in a motorcycle accident in Colorado, Nebraska, Oregon, Washington, or Wyoming — including cities like Denver, Fort Collins, Colorado Springs, Portland, Seattle, Omaha, Cheyenne, and Casper —contact the Motorcycle Accident Injury Lawyers today at Metier Law Firm for a free case evaluation!

TL;DR - Key Takeaways:

• Distracted driving involves four categories of distractions: manual (hands off wheel), visual (eyes off road), cognitive (mind off driving), and auditory (focus on non-traffic sounds).
• Texting and phone use while driving remain the leading cause of distraction-related accidents, with most states including Colorado treating it as a traffic offense except in emergencies.
• Common but dangerous distractions include GPS navigation during driving, grooming activities, conversations with passengers, eating or drinking, and daydreaming or drowsy driving.
• Prevention strategies include limiting cell phone use to emergencies only, avoiding eating or drinking while operating a vehicle, and completing all multitasking activities before starting to drive.

‍

Distracted drivers are not only a threat to themselves but to everyone else. This is why April is Distracted Driving Awareness Month, to help raise understanding about the dangers of distracted driving. It even focuses on ways to change the negative behavior of drivers through public awareness and education. As a result, the month of April has become a nationwide effort to help eliminate preventable car accidents and truck accidents that lead to deaths and injuries on the road. 

The car accident lawyers at Metier Law Firm are looking to participate in bringing awareness to the unfortunate and ongoing issue of distracted driving. Read on to be educated on what distracted driving is and what causes it, as well as some tips to avoid car accidents from happening.

What is Distracted Driving?

Simply put, distracted driving is considered to be anything that causes you to remove your eyes from the road. Not only does it put you in danger, it puts everyone around you at risk and also increases the chances of a car accident.
 
Generally speaking, there are four common factors that can contribute to distracted driving, which can then lead to a potentially fatal car or truck accidents:

• Manual distractions: Occur when you take your hands off of the steering wheel. 
• Visual distractions: Occurs if you take your eyes off the road ahead to look at something else. 
• Cognitive distractions: Involve removing your focus away from driving. 
• Auditory distractions: Happen when you listen to something else besides the traffic noise. 

Some Common Causes of Distracted Driving

Accidents tend to happen due to drivers trying to multitask. Each year, hundreds of thousands of people are injured or die in fatal crashes due to distracted drivers. With many root causes leading to these on-road distractions.

This is why it’s crucial to be aware of how dangerous this behavior can be. What causes these distractions to occur? In order to know, we have to understand how drivers become distracted.

• Texting and talking while driving: Unless it’s an emergency, texting while driving can turn into a traffic offense in most states, including Colorado. This is because drivers who use their phones on the road are by far the most common reason for distracted driving accidents. Whether it’s a text message or a phone call, both should wait to be answered until you’re at home in order to avoid a potential car or truck crash from happening on the road.  
• Navigation system: Many drivers rely on GPS to get them from point A to point B. So much so that not using GPS doesn’t seem like an option anymore! If you decide to use GPS, a few things should be considered:

1. Make sure the GPS is positioned where you can clearly see it.
2. Put in the directions to your destination before getting on the road.
3. Turn up the volume so you can listen versus look at the screen

• Grooming: Time likes to move fast when least expected, so you don’t always look your best before getting into the car. Many drivers take this situation as an opportunity to apply finishing touches. This type of activity should wait until parked, because it can lead to a car accident if you attempt to do it while driving.   
• Talking to other passengers: It’s only natural to want to have a conversation with someone riding with you. Most people find it awkward or rude if you don’t. Nevertheless, you should keep in mind that paying attention to the road comes first. This may seem off-putting to some, but it will help keep you and your passengers safe from a potential car or truck accident. 
• Daydreaming: Have you ever found yourself in a daze while driving? It’s actually pretty common. Making sure you’re well-rested and alert while on the road is key to a safe riding experience.   

Tips to Avoid Distracted Driving

There are many people guilty of some form of distracted driving. While some of these tasks may seem like second-nature, avoiding all distractions while driving significantly decreases the chances of a car accident occurring. Since it’s common, here are three tips to help keep yourself and others safe while driving.

1. Use your cell phone for emergencies only: Anytime you’re driving, a cell phone should only be used for emergency situations. If an emergency does occur, you should attempt to pull over safely on the right shoulder to answer or make a call. Although there are hands-free devices, they can still cause distractions and should be used with serious caution.
2. Avoid eating or drinking while driving: Just because you’re busy does not mean you can excuse distracted driving. Eating breakfast on the way to school or work may seem like the ultimate solution to many drivers. However, it means you’re less attentive to the other drivers around you. Giving yourself enough time to prepare and eat before getting into the car prevents potential distractions from occurring.
3. Do your work multi-tasking outside the vehicle: Since many people spend a lot of time in their vehicles, it may seem like the right time to do things like search for good music or call an old friend—don’t do it. Your main focus should always be on the road and the drivers around you. Therefore, you should make sure everything is situated before you start driving.

What should I look for in a car accident lawyer?

Since distracted driving is so common, it’s understandable why many people are coming together to bring national attention to this ongoing problem. Limiting distractions in the car can go as far as to save you, your passengers, and other patrons of the road’s lives! If you’re involved in a car accident or truck accident due to distracted driving, the right representation can make all the difference. 
This is why the team at Metier Law Firm wants to be your distracted driving lawyer if this ever happens. With offices in Colorado, Nebraska, Oregon, Washington, and Wyoming; Metier Law Firm has the resources to help if you have been injured in a car accident or truck accident in any of these states. We have secured millions of dollars for our clients who have experienced car accidents or truck accidents, with a dedicated commitment to success. Give us a call, or stop by one of our many offices if you are in need of any form of legal assistance. Our staff is ready to help you!

TL;DR: Key Points

• Colorado averages 15,000 car crashes annually due to distracted driving, with 68 deaths in 2020—translating to 42 crashes every day and 1 death per week from preventable distracted driving incidents
• Distracted driving includes any activity taking attention from the road beyond just texting—applying makeup, adjusting playlists, eating, searching GPS addresses, rubbernecking accidents, and personal grooming all contribute to dangerous distractions
• Four main types of driving distractions exist: visual (eyes off road), auditory (listening to non-traffic sounds), physical (hands off wheel), and cognitive (mind off driving)—with many distracting behaviors involving multiple categories simultaneously
• Colorado law prohibits drivers under 18 from any cell phone use while driving—adults can make voice calls with one earbud but cannot manually enter or transmit data (texting, browsing internet) while behind the wheel
• Current Colorado distracted driving law has limitations since it mainly prohibits texting—smartphones enable many other dangerous activities like reading books or streaming movies that have caused crashes but aren't clearly addressed in existing legislation

‍

April is Distracted Driving Awareness Month, and the attorneys at Metier Law Firm want to help raise awareness about this problem on our Colorado roads. What exactly is distracted driving?  Why is it dangerous?  What are the most common types of distracted driving in Colorado?  How can we make our roads safer?

What Is Distracted Driving?

Probably the most obvious and well-known form of distracted driving today is texting while driving, or using your phone while behind the wheel. However, distracted driving isn’t restricted to only cell phones and essentially can be any activity that takes your attention away from the road, including the following:
 

• Applying makeup or some other personal grooming
• Adding songs to your playlist or looking for a podcast
• Eating or drinking
• Adding/searching for an address to your GPS app
• Rubber-necking an accident
• and more

 
Driving is a complex action that deserves your attention to keep you safe and those around you safe. Anything that takes your attention away from driving contributes to your distraction behind the wheel, and can lead to a car collision. 

Why is it dangerous?

Every year, Colorado averages 15,000 car crashes due to distracted driving.  In 2020, even though fewer drivers were on our roads, 68 people died in those types of crashes.  To put those numbers differently, 42 crashes happen every day, and 1 person dies due to distracted driving every week. 

The dangers are very real, but are avoidable by not using your phone so that you can focus fully on the task at hand – driving.

Types of Distraction While Driving

There are four main types of distractions that drivers face, and many distracting behaviors involve two or more of these.  The four main types are Visual, Auditory, Physical and Cognitive.

• Visual Driving Distractions - these happen any time you take your eyes away from the road ahead, including turning to speak to your passenger, checking the time, or looking for something to eat.
• Auditory Driving Distractions - these occur when you’re listening to something other than the road and traffic sounds. Listening to music while we drive can be enjoyable, but if the music is too loud you won’t be able to hear your own engine, other vehicles around you or emergency vehicles.
• Physical Driving Distractions – this happens any time your hands are touching something other than the steering wheel. These include drinking a coffee, changing the AC, or dipping a chicken nugget in Polynesian sauce.
• Cognitive Driving Distractions - these happen anytime you’re thinking about something other than driving and probably happen the most/easiest.  If you’ve ever driven home from the grocery store or from work and realized you barely remember the drive after exiting I-25 or I-70, then you’ve experienced a cognitive driving distraction.

 
Now that you know what the four types are, you can see how a number of distracted activities fall into multiple categories.  Texting, for example, falls under visual, physical and cognitive distractions.  Eating a burger is physical and when you look for ketchup or napkins, it also becomes visual. 
 

How are we making our roads safer?

 
It is currently against the law for anybody under 18 years of age to use a cell phone while driving in Colorado.  For adults older than 18, regular cell phone use for voice calls is permitted and one ear may have an earbud/headphone.  However, using the phone to enter and transmit data (i.e. sending a text or searching for a restaurant) is prohibited. 

This has been the law in Colorado since 2016, however distracted driving remains an issue in Colorado because this law is basically a prohibition on texting.  Smartphones can do so much more and this law can be reworded to make it clear what is not allowed.  There have been many cases where the at fault driver was reading a book or streaming a movie in the moments leading up to their crash.   

CO Rev Stat § 42-4-239 (2016) 
 
Adult drivers.  Regular cell phone use for voice calls is permitted.  Headphones may be worn in one ear for this purpose.  However, adult drivers are prohibited from manual data entry and transmission on a cell phone (i.e., to send a text message or browse the internet) while behind the wheel.
 
Minor drivers.  Any driver under 18 years of age is prohibited from using a cell phone while driving.  The prohibition includes phone calls, text messaging, or similar forms of manual data entry and transmission.  See the Minor License subsection for more information about rules related to minor drivers.
 

What to Do If You’ve Been Injured in a Distracted Driving Accident

If you were injured in a distracted driving accident in Colorado, Nebraska, Oregon, Washington, or Wyoming, you need a personal injury attorney who’ll fight for your rights. Give the law experts at Metier Law Firm a call today for a free consultation. Find out whether you have a case, how much you should seek in damages, and whether you even need an attorney by talking to us. Call us today.
 

TL;DR: Key Points

• Plan your transportation home before heading out—never drink and drive, as buzzed driving equals drunk driving and the 0.08% BAC legal limit is low enough that feeling buzzed likely means you'll exceed it
• Save taxi services in your phone or download ride-sharing apps like Uber or Lyft, and check if local police departments offer free rides home for New Year's Eve revelers in your area
• New Year's Eve is the second most-active day for car thefts—if you do drive, carpool when possible, park in well-lit high-traffic areas, and consider leaving your car at home to avoid theft and vandalism including smashed windows and slashed tires
• Leave fireworks to professionals—fireworks are dangerous explosives that can cause missing fingers, burn injuries, and singed eyebrows, plus setting them off yourself is illegal in many jurisdictions
• Stick together at public events by checking in periodically throughout the night—don't leave anyone behind in your group, as staying together is key to avoiding accidents, incidents, and crimes that spike on New Year's Eve

‍

New Year’s Eve is one of the most exciting nights of the year: friends and family gathered together, reminiscing on the old year, planning for the new; watching fireworks, in person or on the TV; and a general enjoyment of the night all make this night special over others. However, there is a darker side to this merry-making, and that is the increase in accidents, incidents, and other crimes that go on that night.

To stay safe this year, make sure you have a plan for how the night should go. Here are some recommendations from Metier Law Firm to your family to keep this New Year’s Eve happy and healthy, and to start the New Year off right.

Plan a Way Home Before You Head Out

Be Aware of Theft and Vandalism

If you do take a car out, be wary about car thieves. New Year’s Eve is a great time for them to take your unattended car; in fact, New Year’s is the second most-active day for car thefts. This is another good reason for carpooling, as well as finding parking in a well-lit area with lots of traffic.

Vandalism is also popular on New Year’s Eve, including smashing windows and slashing tires. Keeping your car at home is a great way to avoid these crimes of opportunity, so it’s something to consider if you can.

Don’t Drink and Drive

No matter what, don’t drink and then drive. Remember that buzzed driving is drunk driving. The legal limit of 0.08% BAC is quite low, so if you feel buzzed, you very well might blow above it, and start the new year in the tank.

To make sure you’re not left stranded at the end of the night, save a local taxi service in your phone so you can call for a ride, or download Uber, Lyft, or another ride-sharing app. Some cities’ police departments also offer free rides home for revelers, so see if you can find one where you’re partying!

Leave the Fireworks to the Professionals

Fireworks are a joy for many on New Year’s Eve, but they’re also dangerous explosives. Especially if you plan on drinking, let the professionals handle fireworks: a missing finger or singed eyebrows aren’t worth the risk. In addition, setting off fireworks yourself is illegal in many jurisdictions, so you might be setting yourself up for a trip to court by setting off fireworks.

Stick Together at Public Events

Another key to staying safe at large public events is to stick together with your group. Make sure to check in periodically throughout the night, and don’t leave anyone behind! Following these steps will help make sure you stay safe to ring in the new year.

If You are the Victim of Personal Injury on New Year's Eve, Call Metier Law.

Remember, you’re celebrating the end of 2021 and the beginning of a new year! Don’t forget to have a good time while staying safe.

If you do end up the victim of an accident in Colorado, Nebraska, Oregon, Washington, or Wyoming, you need a personal injury attorney who’ll fight for your rights. Give the law experts at Metier Law Firm a call today for a free consultation. Find out whether you have a case, how much you should seek in damages, and whether you even need an attorney by talking to us.