After a 9-year-old South Carolina girl was forced to have her right thumb amputated following a boating collision, the boat operator who created the large wake that allegedly caused the crash is preparing to settle the case for $1 million.
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Defendant in this federal lawsuit happens to be the tourism leader in Myrtle Beach, who is also the managing partner of a resort company, for whom he was operating a yacht at the time of the collision.

Although $1 million may sound like a substantial amount for the loss of a single digit, one must consider all of the many actions that have now become impossible or extremely difficult without it. Simply holding a cup or writing one’s name has become arduous. As she gets older, it may be difficult to drive a vehicle, and there will probably be certain jobs she will be unable to perform. In that light, that $1 million sounds more reasonable, particularly once all the medical bills are factored in.
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Those who work within the manufacturing industry often rely heavily on large machinery to help them do their jobs. They have a right to expect those machines were thoughtfully designed and carefully manufactured so as to keep workers who use them safe.
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When that does not happen, workers usually have two options of civil remedy. The first is workers’ compensation benefits. Workers file these through their employer to cover their medical costs and a portion of lost wages while they recover. Critical injuries may warrant longer-term benefits, and a death usually entitles dependent relatives to workers’ compensation death benefits. Workers cannot additionally sue their employers for negligence. Workers’ compensation is almost always an exclusive remedy against an employer, as well as co-workers.

The second option for recovery is third-party liability. When a work-related accident was the result of a defective or dangerous machine, careful analysis by an experienced injury lawyer can help determine whether this is a viable option. These cases are often complicated, and, as the recent case of Kirkbride v. Terex USA reveals, they can present significant challenges. But when they are successful, injured workers may have the security of lifelong financial stability, with covered medical expenses and compensation for loss of earning capacity.
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A mother was crossing the street with her two daughters, 3 and 6, as well as a family friend, age 5, and another girl, age 2, who was being pushed in a stroller. They approached a crosswalk at an intersection, pressed the button, waited for a signal and, when they were given the “all clear,” they entered the roadway.
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Seconds later, an unlicensed driver barreled through the intersection, barely braking before striking four of them. Only the 2-year-old, whose stroller the mother pushed away seconds before impact, was spared. The woman and the other three children were seriously injured – the 6-year-old critically.

As they continue to recover, the mother has filed a lawsuit against the city, for allegedly creating a dangerous situation at the intersection and failing to take the proper steps to make that intersection safer, despite knowing the conditions. In Castro v. City of Thousand Oaks, before a California appellate court, she argued the city should be liable for creating a “dizzying” amount of signals that confused drivers, and also for giving pedestrians a false sense of security. She also noted there was no median or “safe haven” in the middle of the busy road for pedestrians who suddenly found themselves in danger.
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The case of Spady v. Bethlehem Area Sch. Dist., involves the drowning of a 15-year-old public school student of a rare form of asphyxiation known as “dry drowning” or “secondary drowning.”
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According to court records, the teen didn’t want to go in the pool during gym class, but all students – even non-swimmers like himself – were required to do so through the duration of the class or else suffer a poor grade. Non-swimmers were allowed to venture into the deeper end while holding onto the edge of the pool.

This is what the teen did, and as he got closer to the deep end, he bumped into another group of students at the deep end and went under. Friends said he emerged in a panic, but quickly climbed out of the pool. The teacher allowed him to sit on the bench for a time, and then went to check on him. The teen didn’t want to go back in, but the teacher, not noting any physical distress, said he had to unless he wanted his grade to suffer.
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The family of a Texas woman killed in a commercial trailer accident has filed a lawsuit alleging the company that manufactured the truck failed to take a basic safety precaution that could have saved her life.
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In Dodgen et al. v. PJ Trailers Manufacturing Inc., plaintiffs allege that had the trucking company installed underride guards on the side of the truck, as well as conspicuous side markings, the crash could have been avoided entirely.

The law does not require side underride guards, but the National Transportation Safety Board has been issuing warnings about this safety hazard since 1968. Most recently, the NTSB released a safety recommendation in the spring of 2014, suggesting the National Highway Traffic Safety Administration require underride side guards for all vehicles that weigh over 10,000 pounds.
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One would think the most dangerous aspect of hunting would be the firearm. Or perhaps even the wild animals. But in fact, one of the leading causes of injury for hunters is the tree stand.
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Tree stands – also sometimes referred to as “deer stands” are platforms used by hunters. They are secured to the tree in order to raise the hunter up higher for a better vantage point.

However, there are many cases every year in which a hunter falls from one of these stands, resulting in severe or sometimes even catastrophic injuries. Not all tree stand falls may be ripe for litigation. But if the reason the hunter fell has to do with a defective design of the tree stand product, compensation from the manufacturer may well be in order.
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The parents of a 5-year-old boy have filed a lawsuit against a day care alleging a teacher at the center hit the child, pushed book cases at him and then allowed another child to taunt and strike him.
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The Winston-Salem day care center is accused of negligent hiring of the teacher and also for negligent supervision of her actions. The two teachers accused in the case are now facing criminal charges, and they are reportedly no longer employed at the center.

As reported by the Winston-Salem Journal ,the center was the subject of a previous complaint of child abuse and neglect a month before this incident reportedly occurred.
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In any civil tort lawsuit, plaintiffs are required to prove each element of basic negligence.

These elements are:

  • Defendant owed a duty of care;
  • That duty of care was breached;
  • Plaintiff suffered harm as a result of that breach;
  • Proof of monetary losses.

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If any one of these points isn’t proven, plaintiffs cannot collect damages from defendant.

In the recent case of Spierer v. Rossman, the U.S. Court of Appeals ruled friends of a missing college student owed no duty of care to her on the morning she disappeared. The court, while expressing deep sympathy for the parents, say there are no decisions under Indiana state law (where this incident occurred) that allows persons to be held liable for the actions of their social peers absent additional factors that aren’t present in this case.

The appeals court ruling was an affirmation of an earlier dismissal by the circuit court.
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An estimated 30 million people in the U.S. are victimized by crime annually, and the consequences of that crime often extend far beyond the individual act. The U.S. Department of Justice estimates victims – and those who survive them – are left with substantial costs for medical treatment, rehabilitation, counseling, lost wages and property damage.
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Every year, those costs stack up to $450 billion.

But the criminal justice system is not designed to compensate victims of crime for their losses. True, some cases do result in orders of restitution. But the victim has little control over the proceedings, and the goal of the criminal justice system is punishment of the offender, not restoration of the victim.

This is why many victims of violent crime (and/or their surviving loved ones) may seek justice through the civil court system. In this forum, victims have a greater amount of control. They can seek financial compensation. They can hold offenders directly accountable. They can also pursue action against other third-party responsible parties, such as businesses, apartment complexes and shopping centers that failed to have adequate security. They may also pursue a civil lawsuit even if the criminal action sputters out and fails to result in a conviction.
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A number of group homes in South Carolina have received millions in taxpayer funding the last few decades, despite dozens of allegations of abuse involving those in their care.
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A few have been forced to shut down, but others remain open.

One of those now shuttered was in Belton. The group home for troubled youth received an estimated $1.5 million annually in state funding. And yet, according to a recent investigation by the Post and Courier, the facility was investigated more than three dozen times for alleged abuse and neglect of the children there since 2000.

However, it wasn’t until a personal injury lawsuit was filed by one of the former residents, now a 23-year-old man, that the facility actually closed its doors. His lawsuit alleges he was raped and tortured by staff members and their friends. He claims he reported the abuse to a social worker and another employee, but nothing was done. Eventually, he said, he just gave up. And he wasn’t the only one – and neither was that facility.
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