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.

880737_brain_001.jpg

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.

Continue reading "Brain Implants May Help Victims of TBI Recover Lost Memories" »

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.
fastfood.jpg
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.

Continue reading "Fast-Food Restaurant Fight Results in Premises Liability Lawsuit" »

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.
ward1.jpg
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.

Continue reading "Report: Roadblocks to Shutting Down Bad NC Nursing Homes" »

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.
pool02.jpg
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.

Continue reading "Blackburn Ltd. P'ship v. Paul - Liability for Child Pool Trespassers" »

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.
spine.jpg
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.

Continue reading "Spinal Implants Causing Paralysis in Some Patients" »

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.
stairwell.jpg
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.

Continue reading "Building Code Violations Resulting in Injury" »

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.
hospitalcorridor1.jpg
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.

Continue reading "Dawkins v. Union Hospital - Doctors, Hospitals, Can Face Ordinary Negligence Claims" »

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.

Continue reading "Teen Head Injuries Increase Risk of Suicide" »

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.

Continue reading "South Carolina Considers Video to Reduce Risk of School Bus Accidents" »

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.

Continue reading "South Carolina Case Could Help Victims in Insurance Disputes" »

April 15, 2014

Baby Carriers Must Meet Tougher CPSC Standards


In an effort to prevent injurious and fatal falls involving babies, the Consumer Product Safety Commission has made mandatory a previously voluntary set of standards for soft infant safety carriers. mommaandbaby.jpg

These soft carriers typically have waist and shoulder straps, and are worn as a type of sling in which the caregiver carries the child in an upright position in the front.

Between 2007 and mid-2013, the CPSC reported a total of 43 deaths and 66,000 hospital emergency room treated injuries related to these handheld carriers. Just from Sept. 2012 through July 2013, the CPSC received 31 incident reports related to soft baby carriers, with two of those resulting in fatalities and 24 injuries - including three head injuries that occurred when the baby fell from the carrier.

Continue reading "Baby Carriers Must Meet Tougher CPSC Standards" »

April 9, 2014

Hoover v. New Holland N. Am., Inc. - Post-Sale Modification Defense Not Absolute


Anytime a product causes harm to someone through its use, questions arise as to whether there was an inherent flaw or manufacturing defect in the design that is to blame.
handfence.jpg

OurCharlotte product liability lawyers know a common defense in these cases is that of post-sale modification. That is, the defendants allege product was somehow altered in a way that was not intended by the manufacturer. Therefore, the product may have been unsafe, but the maker is absolved of liability.

But as the New York Court of Appeals ruled recently in Hoover v. New Holland N. Am., Inc., this defense is not absolute. Manufacturers do have a responsibility to anticipate potential modifications and misuse, and guard against those when they may pose a danger.

Continue reading "Hoover v. New Holland N. Am., Inc. - Post-Sale Modification Defense Not Absolute" »

April 7, 2014

Bioderm Skin Care, LLC v. Sok - Beauty Industry Negligence


Taking care of one's appearance is important, and patrons of beauty salons have every right to expect that licensed businesses and employees will be professional and competent.
salon.jpg
When they're not, hopefully the worst that happens is you suffer a bad hair cut for a few weeks and find yourself another stylist. Unfortunately, our beauty salon injury lawyers know that sometimes, patrons can be seriously hurt. It's easy to overlook the fact that these workers are handling potentially dangerous chemicals, sharp objects and heat. Severe burns, lacerations and other injuries have been reported in some cases where workers were careless or not properly trained.

Further complicating these cases is that a growing number of "salons" are either headed or overseen by doctors (or should be). Examples would obviously include any procedure that involves cosmetic surgery, but it could also encompass "medi-spa" offerings such as laser hair removal, Botox procedures, tattoo removal, skin resurfacing and certain weight loss programs. This raises legitimate questions about whether these matters of personal injury or medical malpractice. The answer is important in terms of statutory time limitations, as well as the requirements necessary to file the case.

Continue reading "Bioderm Skin Care, LLC v. Sok - Beauty Industry Negligence" »

April 7, 2014

Colleges Can be Liable for Student Assault, Harassment


When a college student is victimized by a fellow student, our Asheville personal injury lawyers believe it's important to analyze whether the school's response was appropriate, and whether the institution failed in its duty to take preventative measures.
graduations.jpg
Title IX of the Education Amendments of 1972 is a federal civil rights law that bars discrimination on the basis of sex in any education program or activity in schools that receive money from the federal government. Statutorily, sex discrimination can include sexual harassment, rape and sexual assault. When a school knows about and ignores sexual harassment or assault in its programs, it can be held responsible and compelled to pay damages to the victim.

The legal standard used to prove this is called "deliberate indifference." However, this can be a high standard of proof, as the language is broad in a way that can shield schools from culpability. This was illustrated recently in the case of Roe v. St. Louis University, et al., reviewed by the U.S. Court of Appeals for the Eighth Circuit. We share this not to discourage victims, but to stress the importance of seeking counsel from a firm with a high degree of experience.

Continue reading "Colleges Can be Liable for Student Assault, Harassment" »

April 4, 2014

Third Party Liability Stemming From Criminal Attack


In the criminal courts, prosecutors must prove beyond a reasonable doubt that the accused is guilty. barstool.jpg

In civil court, plaintiff attorneys need not show the defendant meted out even a single blow. In third-party liability cases, a defendant could be held liable for the criminal actions of another person if the plaintiff can show that he or she was made vulnerable to the crime by the defendant's breach of duty.

Our Spartanburg personal injury lawyers know this comes up a lot in cases of negligent security, where a landlord or some establishment fails to ensure the property is appropriately secured from intruders or aggressive individuals.

Continue reading "Third Party Liability Stemming From Criminal Attack" »