December 24, 2013

Holiday Travel and Trucker Fatigue Can be Disastrous Mix

A new report from the AAA Carolinas reports that a record 2.8 million North Carolina travelers will be traveling at least 50 miles from home for the holidays.
In total, the number of travelers is expected to increase by 48,500 compared to last year, and 9 out of 10 are going to be driving.

Sharing those roads are going to be tired truckers, often rushing to meet end-of-year deadlines - sometimes with too much cargo and too little sleep.

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December 23, 2013

Child High Chair Injuries Are Up Nearly 25 Percent

Parents trust that when they strap their infant or toddler into a high chair that their baby will be secure.
A new study suggests that trust may be misplaced.

It appears that the number of child injuries in Charlotte and across the country resulting from high chair mishaps has increased by nearly a quarter just in the last decade.

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December 20, 2013

Informed Consent in North Carolina Medical Malpractice Cases

Medical professionals have a duty to abide by certain ethical and medical standards of care in administering to patients. When doctors, nurses or aides fail in those duties, patients can claim negligence and may be eligible to receive compensation for the harm suffered as a result. bloodpressure.jpg

While many negligence claims are fairly straightforward, claims of medical malpractice tend to be a bit more complex because of the technical aspects of medical care, as well as the various state laws regarding appropriate care standards.

Included in those standards is the duty to offer patients informed consent. The doctrine of informed consent holds that every person has a right to be given sufficient information in order to make intelligent decisions about his or her own care. A patient has a right to be told about the nature of the condition, the nature of the proposed treatment, the risks involved in undergoing treatment and the risks in not moving forward with treatment.

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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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