Articles Tagged with personal injury attorney

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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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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One of the first questions potential personal injury plaintiffs ask is how much it’s going to cost to hire an attorney. The good news is most injury cases are accepted on a contingency fee basis, which means nothing is paid upfront. Instead, payment is derived from a percentage of the damages awarded – if damages are awarded. If you lose, you don’t pay the attorney for their time. It’s a gamble for lawyers, which is why they are choosy about the cases they accept. hotel

In most situations, per “the American Rule,” the losing side doesn’t have to pay attorney fees to the winner. (This is in contrast to “the English Rule,” in which the losing side is typically ordered to pay the losing side’s attorney fees.) However, many jurisdictions – including North Carolina – allow a big exception to the American Rule. An unwarranted refusal to pay a claim or negotiate a settlement can be grounds for a plaintiff to assert a defendant should cover attorney fees.

The Florida Supreme Court recently considered a dispute over this exception, following a $1.7 million verdict in favor of a crime victim who sued the hotel where the attack occurred for failing to protect him.

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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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Tours of haunted houses are supposed to be thrilling. Being shocked by gory scenes or spooky apparitions is all part of the experience. But these experiences aren’t supposed to cause real danger. When they do, and someone is injured, the operators and promoters of the haunted house may face legal liability in real life.spooky

That’s what happened to a Michigan woman who suffered serious injuries in 2014. According to The Oakland Press, the plaintiff was knocked to the ground when a moving wall suddenly knocked her down in a poorly lit aisle. As a result of her fall, the plaintiff suffered severe fractures to her leg, as well as a soft tissue injury to her back and spine, lacerations, and bruising.

A personal injury lawsuit she filed against the company was recently settled for $125,000. The owner of the operation declined to comment, except to release a brief statement insisting the operation is safe and has been in business for many years.

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Animal owners owe a responsibility, not just to the animal but to society in general, to keep the animal safely secured so they are not a hazard to themselves or others. The degree to which this is necessary will depend on the specific breed, size, and temperament of the animal.Horse in road

In many cases, North Carolina law does not always require those injured by improperly secured animals to prove the owner had any knowledge of the creature’s previous viciousness or propensity to cause harm. In some instances, a strict liability standard may be applied. That means owners are strictly liable for the damage or injuries their pets or livestock cause. In other cases (such as dog bites or dog-related injuries, per N.C.G.S. Chapter 67), actual negligence may need to be shown by proving the owner had knowledge their dog was a “dangerous dog.”

Recently, the North Carolina Court of Appeals weighed whether the owner of a horse should have to face a trial in a civil lawsuit filed by a woman who was seriously injured when the defendant’s horse wandered into the road in front of the car in which the plaintiff was a front-seat passenger. The impact killed the horse and caused serious injuries to the plaintiff. The issue in Peoples v. Tuck was whether the defendant could be liable for a failure to exercise reasonable care in hitching his horse in front of his sister’s home and leaving the horse unattended in a non-fenced area.

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