Falling down a flight of stairs or even a few steps can cause serious injuries. Broken bones, head injury, and other trauma can result. In determining whether a stair injury case should result in a lawsuit, a number of factors need to be determined in addition to the severity of the injury. Stair injury cases are a form of premises liability litigation. Stair design is one factor to be analyzed....
Most states in the US have some form of laws imposing liability on liquor licensees that serve liquor to clearly intoxicated persons who then go out to cause injury or wrongful death to a third party, usually by causing a car crash. The laws are known as "dram shop" acts. Organizations such as MADD (Mothers Against Drunk Driving) have been quite successful in campaigning and lobbying to get...
Chiropractors can seem to work miracles at times for patients with ailing backs. Some people swear by them and I don't doubt their ability to help in appropriate cases. There have been, however, some cases of horrific chiropractic malpractice, resulting in severe injury, even paralysis or death. While chiropractors are trained in the mechanics of the body, they are not medical doctors. As is the...
I grudgingly give credit where it is due. The insurance, big corporate cabal, has run one of the most brilliant public relations campaign in the history of duping the American public. Their first ploy was the one most essential in any media campaign - they captured the linguistic high ground. Everyone believes in reform in the abstract, and the forces who want to eliminate the rights of...
The Supreme Judicial Court of Massachusetts just ruled that commercial establishments that serve drinks to underage persons (under 21 in Massachusetts) have a higher level of liability than when they serve to legal age, intoxicated patrons. The case, decided on January 9, 2007, is Nunez v. Carrabba' Italian Grille, Inc. The plaintiff, a 19 year old, spent a night drinking heavily at Carrabba's...
Elevators are often described as the safest means of travel. I don't know if that is true, though it may well be, given the untold numbers of times elevators go up and down across America on any given day. Nevertheless, elevators are machines and like all machines, they can and do fail. The reality of a free-falling elevator can be as frightening as the nightmare. The occupant is completely...
You may have read the sad story last week, of the two toddlers who left their house, wandered down to a nearby pool, and drowned while their babysitter slept. The purpose of this blog is not to speculate on blame in that tragedy. It reminds us that summer season is here and with it, comes too many drowning deaths that could have been prevented. As was illustrated by the death of the two little...
While the northeast of the country experiences nasty winter weather, from 2 feet of snow to frozen precipitation, it's a good time to remember the added responsibility on anyone who drives in the winter. Most serious highway accidents in winter conditions are the direct result of driver negligence. The most frequent cause of fatal car crashes in winter is the same as other times of year - speed;...
A study at Johns Hopkins University has revealed that it may be possible to regrow nerves after severe spinal cord injuries. The findings are good news for injuries involving arm trauma in which nerves are torn from the spinal cord. Advancements in the research may prevent the need for amputation in the case of such injuries.The researchers treated experimental nerve injuries in rats with an...
A great deal of attention has been paid lately - rightfully so - to the subject of infections contracted in hospitals. Less focus has been placed on another source of serious and preventable injuries in hospitals - falls. The result of a fall down injury in a hospital may be severe. Patients are ill and often debilitated or disoriented to begin with. If a patient's condition presents any...
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