May 23, 2014

Preventing Child Injuries in Hot Cars

Temperatures are getting warmer in the Carolina's and the National Highway Traffic Safety Administration (NHTSA) is sending an alert to parents and caregivers that hot weather could mean serious risks for infants and young children who are left inside vehicles. luxury-car-interior-1436692-m.jpg

The NHTSA is urging caregivers to "Look Before You Lock" to ensure that a baby or young child is not left inside of the back seat of a car. Unfortunately, death or permanent brain damage can happen very quickly in circumstances where children are left inside vehicles. Caregivers including daycares and school bus drivers could be held legally responsible in situations where a child is left inside of a vehicle and is harmed. An experienced child injury lawyer in Asheville can represent victims and families after a tragedy.

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May 21, 2014

Boating Accident Victims Urge Safety This Summer

From 2010 to 2013, there were 87 boating fatalities on lakes in South Carolina. Families recently gathered at a church in Lexington to honor those who have been lost and to urge safety this boating season in order to prevent future deaths. Local sheriffs and law enforcement members are also speaking out to remind those on the lakes to obey safety rules and follow best practices to avoid collisions. speedboat-with-white-sails-on-the-sea-in-turkey-1428367-m.jpg

When an accident occurs on the waterways, an a boating accident attorney can help injured victims or surviving family members to file a claim. Those responsible for the incident may be obligated to cover damages, including medical costs, pain and suffering, lost income and emotional distress.

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May 19, 2014

Skilled Nursing Facilities Doing Patients More Harm Than Good?

Discharge to a skilled nursing home setting is very common, especially as insurers regularly trying to limit the length of hospital stays in order to cut costs. Patients frequently undergo their rehabilitation or recovery in a skilled nursing facility after a stroke or other serious health problem. Unfortunately, the treatment provided in these facilities often falls far short of expectations in many cases. woman-in-hospital-1051476-m.jpg

When a skilled nursing facility provides substandard care, the patient who is harmed may take legal action. A nursing home neglect lawyer in Spartanburg can represent patients and families.

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May 15, 2014

Preventing Burn Injuries: Tips for Outdoor Grilling

Barbecues and outdoor grilling are a favorite year-round pastime throughout the Carolinas. During the spring and summer months, families, friends, and neighbors will find even more opportunities to get together and grill out. With the onset of barbecue season, it is important to keep in mind safety to prevent accidents and injuries, especially burns. In addition to propane explosions, grills can also pose potential fire hazards.
Our Charlotte personal injury attorneys are committed to keeping our communities safe and to preventing accidents and injuries.

Propane and charcoal grills should only be used outdoors. This may sound obvious, but many grillers have tried to use these grills in garages or in other enclosed spaces which can be extremely hazardous. In addition to the potential for carbon monoxide poisoning, having a grill in an enclosed space or too close to a building is a clear fire hazard.

Keep away from railings, awnings, and foliage. All grills should be kept far enough away from railings, building structures and other flammable items, including lawn furniture, awnings, plants or other dry foliage. Wherever you decide to put your grill, the area should be well ventilated, not in a garage or tent.

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May 13, 2014

Pools and Carbon Monoxide Poisoning?

Swimming pools pose a number of obvious dangers to children -- including drowning, slip and fall, and injuries caused by diving. One of the lesser known risks of home swimming pools is carbon monoxide poisoning. A South Carolina family is hoping to raise awareness about swimming pool carbon monoxide poisoning after losing their son in 2013. The family has established a foundation to prevent future accidents, injuries, and wrongful death caused by carbon monoxide poisoning.

According to USA Today, hotel guests are at risk of carbon monoxide poisoning. In the past three years 8 people have died and 170 others have been treated for carbon monoxide poisoning in hotels, which rarely have CO detectors. Our Charleston personal injury attorneys are committed to raising safety awareness to prevent accidents and injuries. We provide strategic counsel and representation to help victims recover after an accident.

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May 9, 2014

Brain Implants May Help Victims of TBI Recover Lost Memories

Traumatic brain injuries can have long-term and devastating consequences. In addition to personality changes, mood swings, and other cognitive challenges, brain injury victim's mays suffer from memory lapse. New research is raising hopes for brain injury survivors and their loved ones. U.S. military researchers are unveiling advances in developing a brain implant that could restore memory for wounded soldiers, and potentially other brain injury survivors.


The Defense Advanced Research Projects Agency, a.k.a. DARPA, is on track in a four-year plan to develop a memory stimulator as part of an Obama Administration initiative to better understand the human brain.

Our Charlotte personal injury attorneys understand the significant losses suffered by brain injury patients. We are dedicated to helping North and South Carolina victims access necessary medical treatment and to recover necessary compensation for treatment and care.

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May 8, 2014

Fast-Food Restaurant Fight Results in Premises Liability Lawsuit

Courts have long held that restaurants, bars and other facilities open to serve the public are responsible, to a degree, for the safety of patrons.
When patrons are harmed on-site - even if the harm occurs at the hands of a third-party - the restaurant owner, manager and staff may be held liable for failure to exercise reasonable care in protecting those on the property.

In cases of an assault or attack on site at a restaurant or bar, usually a claim of negligence will involve an allegation of inadequate security. Rock Hill premises liability lawyers know that the success of such a claim is going to depend on a variety of factors, including the type of enterprise, whether there have been previous violent incidents there before and whether there were any obvious breaches in security that should have been addressed but were not, proximately resulting in the plaintiff's injury.

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May 6, 2014

Report: Roadblocks to Shutting Down Bad NC Nursing Homes

When staff at an adult day care home commit violations of North Carolina law, it may put residents at risk of serious injury or even death. And regulators often don't hesitate to slap them with fines.
However, repeated violations often aren't enough to get a facility shut down. In fact, a new report from the Star News indicates that such a feat requires a "herculean effort," even for those facilities that have repeatedly put residents' lives in danger.

Nursing home abuse attorneys
in Charlotte understand that the biggest issue is bureaucracy. In fact, even simply sanctioning an adult day care home is a long process that must follow the strict protocol as codified in state law.

While recognizing that nursing homes are entitled to due process, complete with the opportunity to appeal and/or correct, advocates have been questioning whether the process is timely enough, particularly given that what's at stake is the safety and well-being of vulnerable adults who often cannot advocate for themselves.

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May 3, 2014

Blackburn Ltd. P'ship v. Paul - Liability for Child Pool Trespassers

In tort law, property owners may be freed of responsibility for injuries sustained by those who are trespassing on the property. One great exception is the principle of attractive nuisance, and it's a particularly powerful basis for personal injury litigation when the injured party is a young child.
The attractive nuisance doctrine holds that children, because of their lack of maturity, are unable to understand or appreciate the risks or danger of being on a premises. Therefore, if a property is accessible to young children and existing hazards on that property cause harm to a child, the owner can be held liable.

Our swimming pool injury lawyers know swimming pools are one of the most common sources of attractive nuisances in liability lawsuits, and these incidents are on the rise as temperatures increase and kids spend more time unsupervised during the summer break.

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April 30, 2014

Spinal Implants Causing Paralysis in Some Patients

A 66-year-old man readied himself for what should have been a single night hospital stay recently in Dallas, where he planned to have a spinal-cord stimulator implanted in his back. The hope was that the device, installed in some 100,000 patients over the last two years, would help him relieve the chronic back pain with which he'd struggled for decades.
Instead, according to the Wall Street Journal, he was wheeled out of the hospital more than a month later, fully paralyzed below the waist.

Charlotte personal injury lawyers
understand that these spinal-cord stimulators have been associated with more than 100 patient reports of permanent or partial paralysis after device implantation into the back. Based on adverse reports to the U.S. Drug Administration and a host of medical malpractice lawsuits, the Journal reports that the primary issue appears to be the way in which a person's spinal cord is punctured or compressed during the implantation procedure.

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April 28, 2014

Building Code Violations Resulting in Injury

Landlords and other building owners in North Carolina have a responsibility to ensure that their properties are safe for invitees (and sometimes even trespassers) and that the structures on site adhere to proper building codes.
When they do not and someone suffers a serious injury as a result, it may be appropriate to file a premises liability lawsuit.

Like many states, North Carolina does not subscribe to the legal theory of strict liability. That means just because a person has been injured on another person's property does not make them automatically liable for compensation. Your attorney will have to prove that the property owner or manager knew about the hazardous condition (or should have known), failed to take any reasonable steps to remedy the situation and that in turn proximately caused your injury.

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April 25, 2014

Dawkins v. Union Hospital - Doctors, Hospitals, Can Face Ordinary Negligence Claims

Under South Carolina law, civil actions alleging medical malpractice against doctors, hospitals and medical staffers have to follow a very strict set of procedures, per S.C.C.L. Section 15-79-110. These differ from what is required for ordinary claims of negligence.
However, the South Carolina Supreme Court recently ruled in Dawkins v. Union Hospital that not all claims against doctors, hospitals or health care institutions need follow the medical malpractice format - but only if the issue stems from ordinary negligence, and not medical malpractice.

Personal injury lawyers in Rock Hill have been carefully watching this case, as it may shape the way future cases are filed.

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April 22, 2014

Teen Head Injuries Increase Risk of Suicide

The majority of head injuries in the United States occur either because of motor vehicle accidents or because of slip and falls. Unfortunately, young people are more likely to be involved in collisions and young children along with the elderly are also the group most likely to suffer a fall. caution-tripping-hazard-1439458-m.jpg

When a head injury occurs, the impact of an injury can be far-reaching and affect every aspect of the victim's life. The driver, property owner or other third party responsible for causing the injury needs to be held accountable. A traumatic brain injury lawyer can help victims to pursue a claim for compensation. Unfortunately, new evidence indicates that teenagers who sustain traumatic brain injury may face yet another potential consequence of the damage to the brain: an increased risk of suicide.

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April 20, 2014

South Carolina Considers Video to Reduce Risk of School Bus Accidents

Each year, an average of 19 school-aged children are killed in collisions involving school transportation. In most cases, the child loses his life before he gets on the bus or after he exits. Just five children die annually on average as a result of collisions while the kids are passengers on the bus. The rest are killed in pedestrian accidents according to the National Highway Traffic Safety Administration. bus-1389756-m.jpg

Many of these collisions could be prevented if drivers paid more attention to the rules of the road and if they obeyed the laws that prohibit passing a stopped school bus. Because many drivers do pass when the school bus stop sign is displayed, the Augusta Chronicle indicates that there is a proposal being considered that would allow school buses to film those who illegally pass them. Those who pass school buses can face criminal charges and can be held responsible for losses and damages they cause. Victims and surviving family members can get help from an experienced Anderson, SC injury attorney.

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April 18, 2014

South Carolina Case Could Help Victims in Insurance Disputes

A South Carolina man was a passenger in a co-worker's vehicle when an automobile accident occurred. There was insufficient insurance coverage and the victim did not have under-insured motorist coverage. To obtain much-needed compensation for injuries, he submitted a claim under a separate insurance policy that had been issued to his fiancé and that listed both the man and his fiancé as residents. The policy did not have the injured man listed on the declaration's page as the "named insured." law-and-order-533138-m.jpg

The insurance company denied the claim and said he wasn't eligible for underinsured motorist coverage because under the policy language, he was not related to the owner of the policy. The couple never did become related because they broke off the engagement. However, Insurance News Net reports the victim pursed compensation all the way to the state Supreme Court.

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