Recently in Personal Injury Category

August 26, 2014

Internet Gun Exchange Host Not Liable for Death, 7th Circuit Rules


Lawsuits against online providers who facilitate gun sales between private buyers and sellers will likely not go far, if the recent ruling handed down by the U.S. Court of Appeals for the Seventh Circuit is any indication.
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Although disappointing, the ruling in Vesely v. Armslist LLC is not all that surprising, given the legal precedent set by previous cases involving sites like Craigslist and EBay. Our Rock Hill injury lawyers know it's generally been held that these kinds of "online marketplaces" can't be held liable for the negligence or criminal wrongdoing of their customers.

Specifically, 47 U.S.C. § 230 may preclude some of these lawsuits because it says operators of interactive computer services aren't responsible for material posted by users.

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August 24, 2014

New Documentary Highlights Twisted Tort Reform Efforts


Corporations have spent millions of dollars convincing people that the majority of personal injury lawsuits are "frivolous," "trivial" and the work of money-grubbing trial lawyers. Since the 1980s, lobbyists have pressed this narrative on the public and politicians in an effort to push through tort reform efforts to limit public access to the court system - one of the only places "the little guy" can face off against a corporate giant and have a real shot at success.

And such efforts continue.
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In the new documentary, "Hot Coffee," directed by Susan Saladoff, the truth about the American civil justice system is examined - starting with the 1992 case of a 79-year-old woman who sued McDonalds after spilling hot coffee on herself.

Our Charlotte personal injury lawyers know this is a classic example of how the facts are twisted in the public eye to make it seem as if the woman was absurd for suing in the first place - and the court system acted egregiously in awarding her anything.

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August 8, 2014

NCAA Settles Head Injury Lawsuit for $70M, Set to Change Rules


In response to a class-action lawsuit alleging the National Collegiate Athletic Association failed to protect college athletes from head injuries, the agency has settled, with the agreement to establish a $70 million fund to cover the costs incurred by thousands of current and former athletes for testing to determine whether they suffered brain trauma while playing contact sports.
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Additionally, the agency is rewriting its playbook with regard to how it determines whether a player is medically-cleared to return to the game after sustaining a hit. The deal doesn't set aside any funds for players who may have sustained a brain injury, unlike a previous settlement reached following a similar lawsuit against the National Football League. Instead, it provides money to current and former athletes for testing. If it is determined they have incurred neurological damage as a result of their involvement in college sports, they can pursue litigation individually.

Some sports safety advocates have criticized the deal as not going far enough, arguing that individual players could receive as little as a few thousand dollars per suit, whereas a class action settlement might have exceeded $2 billion. Players seeking to maximize their compensation would do well to consult with an experienced Charlotte head injury lawyer.

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July 7, 2014

CDC: One in Ten Working-Adult Deaths Related to Excessive Drinking


While most of us realize the dangers of drinking and driving or long-term alcohol use, we many not fully grasp the risk of excessive alcohol consumption. According to a recent report published by the Centers for Disease Control and Prevention and published in Preventing Chronic Disease, alcohol use accounts for 1 in 10 deaths among working adults. Researchers reviewed death cases among working aged adults between 24 and 64, finding that approximately 88,000 deaths between 2006 and 2010 involved the excessive use of alcohol.

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According to the report, many of the deaths did correspond to long-term alcohol abuse, including breast cancer, liver disease, and heart disease, but alcohol also triggered accidental and sudden death related to alcohol poisoning, motor vehicle collisions and violence. Our Charlotte personal injury attorneys are committed to providing strategic and experienced representation to victims of serious accidents and injury. In the event of an accidental death related to alcohol, including boating or motor vehicle collisions, our attorneys will perform an immediate and thorough investigation to identify the cause of the accident and hold responsible individuals and entities accountable.

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June 21, 2014

S.B. 648 - North Carolina Measure to Restrict Product Liability Lawsuits Fails


Imagine a bill that would grant unprecedented immunity to product manufacturers who obtain the approval of any federal regulator. Multibillion-dollar companies would face virtually no accountability for the products they put on the market, so long as it was rubber-stamped by an understaffed government office first - no matter how much harm that product caused.
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That was exactly the measure that was weighed here in North Carolina three years ago, pushed hard by the Pharmaceutical Research Manufacturers of America lobbyists.

Our Charlotte personal injury lawyers weren't the only ones relieved when it finally died in committee. However, it reared its ugly head again this spring in the form of Senate Bill 648. Once again, representatives from the PRMA were pushing it hard.

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June 18, 2014

Sims v. Graystone - NC Appeals Court Allows Negligence Claim


A Catawba County woman will have the chance to have her negligence claim against an ophthalmology clinic heard before a jury, after the North Carolina Court of Appeals recently reversed a trial court's summery judgment in favor of the defendant.
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The plaintiff in Sims v. Graystone Opthamology Associates alleged ordinary negligence by the staffers at the center for placing her in a rolling chair that subsequently slid out from underneath her, causing her to fall to the ground and fracture her hip and shoulder. She had to undergo surgery, rehabilitation and incurred high medical costs.

Greensboro personal injury attorneys understand the incident occurred after the plaintiff arrived for her exam, but before the exam began.

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June 7, 2014

Peter v. Vullo et al - NC Appellate Court Weighs Medical Malpractice Appeal


Asheville medical malpractice attorneys know that sometimes, we start off with a long litany of negligence complaints, and may only be able to proceed with one or two of those. Often, this is still enough to result in ample compensation for our client, whether resolution is ultimately reached in a settlement agreement or at trial.
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This is the kind of track that the plaintiffs are on in the case of Peter v. Vullo et al, weighed recently by the North Carolina Court of Appeals.

The case, out of Mecklenburg County, initially resulted in a summary judgment in favor of the doctor defendants. However, the appellate court has reversed in part, allowing that some of the plaintiff's claims should be allowed to proceed.

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June 5, 2014

Lynch v. Carolina Self Storage Centers - Proving Proximate Cause of Injury


The South Carolina Court of Appeals struck down a plaintiff's effort to have her personal injury claim retried on grounds of juror misconduct.
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In Lynch v. Carolina Self Storage Centers, Inc., the appellate court found there simply wasn't enough evidence of misconduct to justify a new trial, as none of the alleged bias involved information received from outside sources.

Rock Hill personal injury lawyers know that appellate courts will generally seek to avoid overturning a jury verdict altogether when they can, which is why it's so important to make sure your case is strong before your case is heard.

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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.
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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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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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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.
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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.

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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.
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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.

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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.

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March 31, 2014

Buechel v. United States - Prison Negligence Results in Lawsuit


Plaintiffs who have served time in prison aren't always the most sympathetic in a personal injury lawsuit. prison.jpg

However, prison administrators have a responsibility to ensure that those in their care are afforded basic protections with regard to their health and safety. Just because a person was sentenced to serve time does not mean they deserve to suffer ill treatment or conditions leading to illness.

This is what was alleged in the recent injury case of Buechel v. United States, which was reviewed by the U.S. Court of Appeals for the Seventh Circuit.

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March 17, 2014

Amputation Work Injury Highlights Risk of Ignoring "Minor" Incidents


A PBS science correspondent recently recounted a medical emergency which led to the amputation of his arm

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Our Greenville personal injury attorneys know that even a seemingly small injury can have severe medical implications.

While the PBS correspondent was on an assignment in Asia he suffered an injury to his arm.

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