Articles Tagged with personal injury lawyer

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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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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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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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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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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Manufacturing giant Johnson & Johnson is facing allegations of product liability for its alleged concealment of the risk of developing ovarian cancer by using products containing toxic talcum powder. The case, Hogans, et al. v. Johnson & Johnson, is one of thousands of such claims pending against the company and the third in this multi-district litigation action to go to trial. powder

The two previous talc injury cases that went to trial resulted in verdicts of $72 million and $55 million, respectively. It’s estimated there are 1,200 lawsuits pending in Missouri and New Jersey, and the outcome of this third case could dictate whether the company moves to settle those pending cases (and for how much) or whether it continues to fight them.

The plaintiff in this action has been diagnosed with Stage Four ovarian cancer. She has reportedly used Johnson & Johnson’s talc powder products on her genitals for most of her adult life. She alleges the company was aware that talc applied in this region could travel to the ovaries and pose a risk of deadly cancer, and yet it chose to conceal this information from the public.

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Juror misconduct is getting tougher to police in this age of advanced technology. Sequestration of jurors is not a logistical possibility in the vast majority of cases. That means our system relies on trust that jurors will only consider the facts presented to them in the case – facts that have been carefully vetted by a court of law in order to ensure fairness to both sides. But some jurors find it just too tempting when there may be unanswered questions and they have instant access to almost any bit of information that was ever publicly available about the case. soap

Experienced injury attorneys know that while not every instance of juror misconduct warrants a mistrial, we must be vigilant in identifying it and calling it out and, when necessary, asking for remedy to unfairness. In some cases, that does mean a new trial.

However, as the Missouri Supreme Court recently ruled in Smotherman v. Cass Regional Medical Center, every party is entitled to a trial that is fair, but not necessarily one that is perfect. This was a slip-and-fall lawsuit that was decided in favor of the defendant property owner. Plaintiff sought a new trial after it came to light that a juror was looking up weather report information on the day of the accident. Her case, the court conceded, was not perfect and the juror did commit misconduct. However, the supreme court sided with the trial court in determining a new trial wasn’t warranted because plaintiff did not suffer prejudice as a result of the juror’s misconduct.  Continue reading

Electronic cigarettes, e-cigarettes, vaping – all are terms for a nicotine delivery device that contains no tobacco smoke. It’s hailed as a safer alternative to cigarettes and other tobacco products that burn plant matter. But an increasing number of personal injury reports are calling that safety claim into question. smokeswirls

Some have suffered burns. Some have lost teeth. Some have suffered facial fractures. Still others have been victims of severe internal injuries. Some of these cases stem from the fact that the chemicals inside these devices are largely unknown and unregulated. The devices have also been known to occasionally blow up.

Although statistics outlining the danger are scant, we do know the Federal Emergency Management Agency has tallied at least 25 instances of e-cigarettes exploding in the U.S. between 2009 and 2014 . However, that data is based on which cases the media reported.  Continue reading

A woman in South Florida is suing a luxury hotel in Miami and a valet service after she claims she was injured in a violent carjacking as she unloaded her belonging in the carport of the building, where the bustling valet service was operating.

Keys in the ignition of a car Keys representing unlocking an idea, treasure, or love

In the case of Stept v. Met II Hotel LLC, plaintiff is seeking punitive damages and other sanctions against the hotel, arguing staffers at the hotel and valet services knew there was a potential for carjacking and failed to update its procedures – even after a previous attempt from this very same suspect.

According to reports from Courtroom View Network, which is following the case, the victim sustained serious damage to her arm and mental health in the incident. She was forced to undergo elbow surgery on her left arm and still struggles with the effects of post-traumatic stress disorder (PTSD). Defendant’s alleged failure to act was an egregious breach of duty, plaintiff argues, in light of the threat this suspect posed.  Continue reading

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