December 18, 2013

Rock Hill Injury Cases & Duty of Care in Negligence Claims

Success in Rock Hill injury claims is often predicated on whether plaintiff attorneys are able to effectively establish a duty of care belonging to the person or entity being sued.
A duty of care is the legal obligation of one party to act in a certain manner toward another. That manner is generally described as one of caution or watchfulness or prudence or attention that a person in reasonable circumstances would.

The standards for those actions vary depending on the kind of duty one is attempting to establish. For example, there are standards of care set forth by corporations and pharmaceutical companies. These entities have a duty to warn if the products they are selling may have dangerous side effects when used or consumed.

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December 14, 2013

Liability and Negligence in North Carolina Exculpatory Agreements

Consumers have a right to expect that operators of facilities and equipment intended for use by the public are reasonably safe. Indeed, in some cases, there are specific laws requiring safety. gavel22.jpg

In an effort to shield themselves from future lawsuits arising from potentially unsafe situations, operators will sometimes require customers to sign something known as an exculpatory agreement. This is also sometimes referred to as a waiver or release of liability, and consumers need to make sure they read these documents carefully before signing.

Most states, including North Carolina, will enforce exculpatory agreements, though there are a few exceptions and gray areas. Our Charlotte injury lawyers know that in particular, one area of the law in which states tend to vary greatly is the question of whether a parent can sign a waiver of liability on behalf of a minor child.

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December 13, 2013

Elderly Care Regulation Lacking for Assisted-Living Industry

The assisted living movement was rooted in good intentions. It was supposed to be a more affordable, humane alternative to what people began to view as a corrupted nursing home industry.
It was a place where American seniors could sustain a greater level of independence and life fulfillment, while still having their medical needs met and physical safety protected.

However, in the last 20 years, it has become a multibillion-dollar industry serving some 750,000 elderly people nationwide. Seeing the kind of money that can be made, some facilities have shifted their priorities to value profits over people. Perhaps this was in some ways to be expected, but what's especially troubling is that the level of regulatory oversight of these facilities is all over the map. This has resulted in a number of cases of preventable injury, illness and even death among residents - with little sanctions for those who failed to protect them.

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December 10, 2013

Successful Pharmaceutical Lawsuits Consider All Technicalities

Pharmaceutical companies have a responsibility to ensure the product they are putting out on the market is safe for those who use it for the purpose intended. When it isn't safe or there is a possibility of developing serious side effects, manufacturers must inform consumers of those risks. pillsoutofthebottle.jpg

However, federal law in some cases contradicts this rule as it relates to the makers of generic drugs. This is why some of those who suffered severe effects as a result of consumption of a generic heartburn/gastric reflux medication are finding it difficult to obtain compensation.

The brand name of the drug is Reglan. The generic product is called metoclopramide. The question is not whether this drug causes harm. Indeed, it is known to cause a serious neurological disorder called tardive dyskinesia.

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December 7, 2013

Risk of Dietary Supplements Highlighted as Injury Reports Continue

According to information from the Food and Drug Administration there is an increasing risk of harm caused by dietary supplements, as that industry continues to experience explosive growth.

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Ourpersonal injury attorneys in Spartanburg are committed to spreading the word about the inherent dangers of dietary supplements. Losing weight may be an important goal but many dietary supplements have dangerous side effects.

Dietary supplements are often utilized to build muscle or lose weight. The Food and Drug Administration monitors the ingredients and side effects of dietary supplements in an attempt to keep citizens safe. However, the reality is that much of the industry remains unregulated.

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December 5, 2013

North Carolina Traffic Safety a Holiday Focus

Law enforcement significantly increases the number of DUI sobriety checkpoints during the holiday season. The increase in enforcement is linked directly to the increase in driving under the influence violations during the holiday season.


Our North Carolina personal injury lawyers know holidays are the most dangerous time of the year for drunk driving accidents. Responsible hosts and responsible celebrations can go a long way toward mitigating the risks.

The only holiday with more drunk driving deaths than Thanksgiving is New Year's Day/Eve when there is a 62 percent increase in violations. The reported increase in drunk-driving incidents is consistent with data from other organizations.

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December 2, 2013

Nursing Home Residents Face Highest Risk of Head Injury

According to a report from U.S. News and World Report seniors in nursing homes are most at risk of head injuries resulting from falls.

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Our Spartanburg personal injury attorneys know that seniors fall frequently in long-term care facilities. Unfortunately, our attorneys also know that older individuals have trouble reducing the force of a fall by using their arms.

This problem results in head injuries more that 33% of the time a senior experiences a fall in a nursing home.

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November 26, 2013

Winter Coats Impede Car Seat Safety

According to a report fromNBC News heavy coats may cause car seats to be less effective.

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Our personal injury attorneys in Spartanburg know that colder weather will mean parents want to keep their children warm with plenty of winter clothing. Unfortunately, the heavy winter clothing can make car seats less effective.

The problem with winter coats is they create a situation where the harness straps are not tight enough because of the extra padding around the child's chest.
The key to car seat safety is to ensure the tightness of the harness is based on fitting the child and not fitting the jacket.

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November 26, 2013

NHTSA Launches Major Teen Driving Safety Initiative

The National Highway Traffic Administration has institutedfive key initiatives to increase teen driver safety.


Our Ashville personal injury attorneys know that motor-vehicle accidents are the primary killer of teenagers in America. In order to combat this problem the National Highway Traffic Administration has identified 5 important topics.

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November 24, 2013

Carolina Tractor-Trailer Accidents: New Limits on Truck Driver Hours

According to an article from Safety and Health Magazine, the hours a truck driver may spend on the road are being reduced.


Our Spartanburg personal injury attorneys know that a tired truck driver controlling an 80,000 pound vehicle can have disastrous results.

The average employee in the United States works 40 hours per week. In contrast, truck drivers may frequently work almost double that amount.

The amount of time a truck driver is allowed to work during the week is at the focus of a debate over the latest changes to the newest Federal Motor Carrier Safety Administration regulations.

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November 22, 2013

Electronic Cigarettes Present Unknown Dangers

Recent research by theFood and Drug Administration revealed, that electronic cigarettes (e-Cigarettes) are not as safe as manufacturers have led the public to believe.


Our personal injury lawyers in Spartanburg know electronic cigarette manufacturers may make misleading statements about the potential safety of their products.

The Food and Drug Administration is dedicated to protecting and promoting the health of Americans.

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November 20, 2013

Fairground Injuries in North Carolina

According to an article, five individuals were injured while on a ride at the North Carolina State Fair.


Our Asheville personal injury attorneys know how dangerous amusement rides and attractions can be and urge riders to be safe enjoying the rides at any amusement park, fairground, festival, or private birthday party.

The report states that a police investigation revealed the ride had intentionally been tampered with and as a result, the 46-year-old ride operator will be charged with three counts of inflicting serious injury, assault with a deadly weapon, and assault. Of the five people injured, three were sent to the hospital.

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November 16, 2013

Carolina Defective Product Watch: Surge Protectors Create Fire Risk

Schneider Electric Corporation has issued a recall for a series of its surge protectors because they overheat and melt which causes a risk of fire and injury.


Our Spartanburg personal injury attorneys know that surge protectors create a risk of fire in many situations and could be responsible for fires at home or the workplace.

The Schneider Surge protectors being recalled were sold at various stores including CompUSA, Circuit City, and Best Buy for prices ranging between $13 and $50. The surge protectors were sold between January 1993 and December 2002.

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November 13, 2013

Many Nursing Homes do not have Adequate Sprinkler Systems

According to a New York Times article, a significant number of nursing homes do not have sufficient sprinkler systems.


Our Spartanburg nursing home neglect attorneys know how important nursing home care is to the public in the Carolinas and are devoted to holding nursing homes accountable for their actions.

According to a New York Times Report, until very recently (last month), federal laws did not necessitate all nursing homes have automatic sprinkler systems.

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November 11, 2013

Football Related Head and Spinal Cord Injuries Common Cause of School Injuries

According, understanding how cervical spine injuries occur is important for young athletes and parents.

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Our Spartanburg personal injury attorneys feel that it is important to teach proper tackling techniques to young athletes who play contact sports.

A 2009 statement released by the National Athletic Trainers' Association revealed that managing spinal injuries properly is crucial. Participation in sports leads to a large number of spinal cord injuries in Americans younger than 31.

Sports trainers and other individuals on the sideline need to understand the appropriate acute management techniques for athletes who experience a cervical-spine injury.

The National Athletic Trainers' Association's position statement gives detailed techniques for the speedy transport and treatment of young athletes who are injured while playing their respective sport.

Spinal cord injuries can lead to devastating long-term neurological impairment and even premature death. For this reason, it is imperative that parents, players, medical personnel, and coaches are well versed in how to avoid spinal cord injuries and how to handle an injury if it does occur.

A good set of education requirements and guidelines is provided on and includes:

1. Develop an understanding of cervical spine injuries and how they occur. Individuals should also understand how important it can be to avoid contact with the head during any sport.

2. Stay up to date on all important safety rules that are enacted in an effort to prevent cervical spine injuries.

3. Ensure all sporting equipment is used and worn as the manufacturer intended.

4. Understand the importance of proper fit and sizing when it comes to all sporting equipment. Helmets and other equipment that are correctly sized will usually help stabilize the spine and protect against injury.

5. Care by health care professionals should be provided to the injured individuals as quickly as possible. These professionals include athletic trainers and others. It is critical that an athlete with a possible spine injury is treated quickly.

6. There should be an action plan in place in the case of an emergency. The plan should be reviewed and understood by all players, coaches, administrations and medical personnel.

7. Non-medically trained individuals should not move or even touch an athlete who may have a spinal cord injury. It is also very important that an individual does not attempt to remove an injured athlete's helmet or other pads. These decisions should be left to the athletic trainer and any other medical staff on site.

While football is usually the sport associated with the largest number of spinal injuries in the United States it is important to remember that other sports such as: baseball, cheerleading, pole vaulting, swimming and diving, gymnastics, rugby, and skiing all place participants at risk for spinal cord injuries.

If you or someone you love has suffered an injury, contact Lee Law Offices, P.A. for a free and confidential consultation with our North and South Carolina attorneys. Call 1-800-887-1965.

More Blog Posts:

Child Sport Injuries in South Carolina Gaining Awareness September 9, 2013, Spartanburg Injury Lawyer Blog

North Carolina Teen Killed Crossing Roadway, October 27, 2013, Spartanburg Injury Lawyer Blog.