Articles Posted in Personal Injury

Many people think of the law as being a concrete, immovable truth. But as anyone who has practiced or studied law for any length of time will tell you, it is actually fluid. It’s constantly evolving as legislatures revisit old texts, and the judiciary brings fresh interpretations to the table. concrete

That’s why our injury lawyers are constantly watching legal developments, both here locally and in other jurisdictions. In the case of state supreme courts, a decision might not affect everyone in the country, but state high courts often pay attention to the rulings that set precedent in sister courts. Sometimes they even use that legal logic to reach similar conclusions when weighing similar sets of facts.

Recently in Kentucky, the Kentucky Supreme Court on discretionary review reversed a lower court’s ruling that failed to consider the state supreme court’s “recent attempts to modernize” a certain legal doctrine as it pertains to slip-and-fall injuries.

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It was one of those injuries that was described as a “freak accident” by local news media. But as is often the case in such matters, such a description shouldn’t be construed to mean it wasn’t preventable. auto mechanic

An auto mechanic in California was retained in 2011 by an auto towing company and its owner to ascertain why a vehicle owned by the company wouldn’t start. Unbeknownst to the plaintiff, the towing company had disconnected the transmission shift linkage in order to tow the vehicle to the company’s property. After the vehicle was towed, the driver failed to reconnect the shift linkage. The plaintiff made sure the vehicle was in “park,” and then he went underneath to determine what was wrong with the vehicle. As soon as he started testing the electrical connection to the starter, the vehicle ran him over and dragged him through the parking lot. His spine was crushed.

The plaintiff later reached a settlement with the towing company and its owner for the insurance policy limit of $1 million. That settlement released all former defendants from liability. The settlement also released “affiliates” of the defendant. About three months after that settlement was finalized, the plaintiff filed a lawsuit against the property owner, from which the towing company had leased land. The property owner operated a used car dealership on the site.

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Workplace injuries can happen anywhere, but construction sites are often full of numerous hazards. If a worker suffers a catastrophic personal injury on a construction site, the worker or the worker’s family may have grounds for a third-party liability claim against the property owner or other subcontractors on site.staircase

We mention this because usually when an injury is work-related, the injured worker is limited by the exclusive remedy provision of workers’ compensation law to only get workers’ compensation from an employer – even if that employer was negligent. However, there are cases in which non-employers are liable too for work injuries, and this is where a third-party liability claim may arise. We see this a lot in construction accident cases because there are often so many different parties – owners, general contractors, subcontractors, and employees of all those. Whether a third-party claim for a construction site injury is viable is going to depend on the contracts among those various entities and which company was paying for workers’ compensation insurance.

Similar provisions pertaining to workers’ compensation exist in states across the country. In a recent case before the Rhode Island Supreme Court, two companies – neither a direct employer of the injured worker – were battling over which may be liable for the incident.

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In product liability litigation, one common assertion is the product in question was defectively designed. This means there is an inherent flaw or error in the design of the product that renders it unreasonably dangerous. When it comes to medical devices – hip and knee replacement joints, surgical mesh, or other implants – questions are often raised regarding how much study or research went into vetting the product in question and making sure it was as safe as possible. woman

A number of recent lawsuits against Mentor Worldwide, a subsidiary of manufacturing behemoth Johnson & Johnson, allege the company failed in its duty to conduct proper studies of the silicone-based breast implants it sold to women across the country. Such studies are required by regulators to ensure products are safe, but the plaintiffs allege the defendant manufacturers failed to abide by basic industry standards.

You may recall there was a great deal of litigation back in the 1980s and 1990s over defective breast implants, particularly those made of silicone. These newer lawsuits could be the next wave.

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A spokesperson for a Georgia diner is denying allegations that so-called “exploding plates” caused injuries to a customer when he patronized the establishment in 2015. bowls

The customer is suing the national restaurant chain and its franchise after he alleges what began as a casual lunch with a co-worker ended with his suffering significant hearing loss and damage to his ear. He asserts a shard of glass became lodged in his ear after there was reportedly an “explosion” of dishes in the kitchen that sent glass fragments flying into the dining room – and right to where he was seated.

It’s been reported that the “explosion” was caused when steaming hot plates, fresh out of the sanitizing dishwasher, were sprayed by an employee with cold water. The reaction of heat and cold caused the plates to shatter, the plaintiff says, with pieces of glass spewing in all directions.

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Ladders are a major cause of occupational deaths, and they are also a significant problem for those doing work around the home. The U.S. Centers for Disease Control & Prevention report that falls are the No. 1 cause of unintentional injury deaths nationally, and nearly 45 percent of all deadly falls over the last 10 years have involved a ladder.ladder

When an injury occurs at work as a result of a ladder fall, the person hurt will likely want to explore a workers’ compensation claim. If the injury did not happen at work, the injured person will want to look into a claim against the manufacturer or distributor of the ladder, or perhaps the owner of the property.

In the recent case of Baugh v. Cuprum S.A., the U.S. Court of Appeals for the Seventh Circuit upheld an $11 million verdict against the manufacturer of a ladder involved in a ladder fall. The plaintiff was a 224-pound man who fell off a five-foot, A-frame aluminum ladder while he was replacing several rusty screws in a gutter on his garage. He suffered serious bruising and bleeding in the frontal area of his brain, which in turn resulted in chronic seizures, dementia, and quadriplegia. His cognitive ability is severely impaired, and he will no longer live a normal life.

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Victims of violent crimes must often deal with great trauma that reverberates long after the immediate danger is over. The criminal justice system seeks accountability from the perpetrators of those crimes, who are seen to have not just violated the victim’s rights but also the rules and laws of society. Meanwhile, the civil justice system is a forum where victims can seek compensation to help them in their journey to become whole again. Of course, our Spartanburg injury attorneys understand no amount of money takes away the pain and suffering. But it can help with the healing. It is also another means by which to hold a defendant accountable for his or her crimes.sad face

This is the approach being taken by a Spartanburg woman who was recently discovered by authorities after having been held captive in a storage container on a 100-acre plot owned by her former boss for nearly three months. She and her boyfriend were allegedly kidnapped at gunpoint by her former boss, who then is accused of fatally shooting her boyfriend and then physically attacking her throughout the course of her captivity. The 30-year-old victim was reportedly kept in chains in the container. After she was discovered, her boyfriend’s body was found. The former boss is now accused of killing six others, including four in a previously unsolved 2003 killing at a motor sports shop and a husband and wife who went missing in 2015. He is in jail awaiting trial on numerous felony charges.

Meanwhile, the plaintiff has filed a civil lawsuit to recover damages from her former boss, who owns a business and several properties.

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The Second Amendment to the U.S. Constitution, backed by the 2008 U.S. Supreme Court decision in District of Columbia v. Heller, guarantees the right of private citizens to possess firearms. It’s a hotly debated issue but one that legally is seen as largely settled.gun

One issue that is somewhat less certain is the liability of those who manufacture and deal arms. In 2005, Congress passed a law known as the Protection of Lawful Commerce in Arms Act, a federal statute that extends broad immunity to gun manufacturers and dealers in both state and federal courts. Generally speaking, the statute forbids qualified civil liability actions against gun manufacturers or dealers stemming from the criminal use or lawful misuse of a firearm. However, there are six exceptions to this blanket civil immunity, which involves things like transferring a gun while knowing it will be used for a violent crime, engaging in negligent entrustment, knowingly violating the law, or making or selling a gun that is defective.

A number of cases have cropped up recently that seek to push the boundaries of the PLCAA. One of those cases was decided late last year by a jury in Wisconsin, which ordered a gun store to pay $5 million in damages to police officers injured when they were shot by a suspect wielding a firearm purchased at the store. The officers had been trying to stop a bicycling 18-year-old, who opened fire on the cops, causing them serious injuries. It was later revealed the gun dealer had violated federal laws in selling the gun to the teen.

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A diner in Texas is suing a restaurant in Galveston for personal injuries after he allegedly suffered a terrible allergic reaction during a meal in which he was served shrimp. food

According to the SE Texas Record, the plaintiff alleges he informed the waiter at the seafood restaurant of his allergy to shrimp. He ordered the crawfish etoufee and fried oysters, and he specifically informed the server that there could be no shrimp or shrimp residue on the plate. The water insisted the dishes the man ordered did not contain shrimp. The plaintiff’s food arrived, and almost immediately after he began eating, the plaintiff began to suffer an allergic reaction. He couldn’t breathe. An ambulance was called, and emergency responders took him to a local hospital, where he received a shot that saved his life.

His wife later learned that the waiter allegedly forgot to convey the message about the shrimp allergy to the kitchen staff. It is this breakdown of communication that will likely be the strongest piece of evidence in the plaintiff’s favor. The fact is that restaurants, grocery stores, and other companies don’t necessarily have to make sure they have food that will fit your dietary needs, even if the potential for a serious allergic reaction exists. However, if a patron discloses an allergy to the restaurant, the restaurant then has a duty to either comply with the request or warn that they are unable to comply.

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There are many hazards on a construction site. Financial recovery options for resulting injuries may not be nearly so numerous. It’s important to have an experienced personal injury lawyer who can help you identify your legal options and determine a good course of action. electric wires

In the recent case of Khosh v. Staples Construction Co., weighed by the California Court of Appeals, Second Appellate District, Division Six, the question was whether a trial court correctly granted summary judgment against an injured employee who reportedly failed to present evidence that the defendant affirmatively contributed to his injuries. The court noted that generally speaking, independent contractors can’t recover tort damages for work-related injuries from the contractor’s hirer. There are some exceptions to this rule, but the court determined those don’t apply here.

According to court records, California State University hired a construction company to install a backup electrical system at the university. The construction company hired a subcontractor called DK Electrical Systems for the high-voltage work. In turn, DK hired a company called Myers Power Products to work as its subcontractor for the construction and installation of electrical switchgear for the system. The plaintiff was employed by Myers’ subcontractor.

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