West Virginia Injury Lawyers Blog

April 8, 2013--Charleston, West Virginia--"Mudding" is the term given to driving around backwoods trails in all-terrain vehicles, especially in areas where there is wet ground. However, mudding has some inherent dangers, and every year people are hurt or killed while performing this sport. While young people may be inclined to dismiss these statistics, they will not find it as easy to dismiss the death of 21-year-old Shain Gandee, a television reality star on the show 'BUCKWILD," Gandee was found dead in an SUV near his Sissonville home, apparently a victim of carbon monoxide poisoning caused by a clogged exhaust.

Gandee's show has long warned viewers not to attempt the "wild and crazy" antics of the participants, who are noted for pushing safety limits in their vehicles. Gandee and two friends were discovered inside the SUV which was stuck in the mud and had a clogged exhaust from sinking into mud. Apparently the clogged exhaust pipe caused dangerous gases to permeate the cabin, killing the three young men.

Gandee was remembered by friends and family as an enthusiastic mudder who found the activity relaxing. Along with his 48-year-old Uncle and a 27-year-old friend, Gandee was last seen early Sunday morning when the three left a bar, telling friends they were going off-roading. The vehicle was eventually discovered about 15 miles outside of Charleston. There seems to be some confusion about whether filming was going on during the time the men left the bar or whether it was simply their own plan to go mudding that night.

There have been at least 588 ATV-related deaths since 1998, 144 of which occurred between 2008 and 2011. While people more commonly use ATVs for mudding, the use of pickup trucks is not unheard of.

The MTV show of which the young man was a part has suspended filming for the time being. The governor has previously asked MTV to stop filming the show in West Virginia as he felt it portrayed dangerous scenes and unfair stereotypes of West Virginia people.

While there may be no liability on the part of the show for these deaths, that question will be answered once the investigation into the show's role in the accident is
completed. The makers of the reality TV series would definitely have liability if they were filming and left the men without rendering aid, and could have liability if they encouraged them to perform dangerous activities.

On the other hand, the show may be completely innocent of any wrongdoing. If that is the case, the families of the two victims riding with the driver may have claims against his estate. It is unclear from initial reports who was driving the vehicle. As the investigation continues, the answers to these questions will hopefully be answered.

Source: KSBW TV News, "Buckwild TV Star Shain Gandee Dies In 'Mudding' Accident," April 2, 2013

Continue reading "Television Star Dies in Rural West Virginia Accident" »

March 31, 2013--Huntington, West Virginia--A lawsuit against Ford Motor Company has been filed by customers in 14 states who claim that vehicles are subject to sudden unintended acceleration or SUA, leaving drivers and passengers in danger of injury. West Virginia car accident attorneys have been studying the effects of SUA for some time, although this is the first multi-district litigation filed on behalf of victims of this product defect.

The lawsuit was filed in a federal court in Huntington, West Virginia, and claims that the throttle system, which is controlled electronically, can override the driver's pressure on the accelerator, causing the driver to lose control of the vehicle. Ford added a brake override system to cars produced after 2010, but failed to include older vehicles through a recall.

Part of the current lawsuit claims monetary damages from loss of vehicle value. Owners claim that they paid too much for vehicles manufactured between 2002 and 2010 based on the findings related to SUA. More importantly, however, the lawsuits accuse Ford Motor Company of hiding potentially deadly defects from customers, leading to them being placed in danger without their knowledge.

Sudden unintended acceleration occurs when a computerized mechanism in the car's engine overrides the accelerator and causes the car to race suddenly forward. In some SUA cases, victims have been unable to stop even when they pressed the brake pedal. Although most of these victims were able to stop in time to avoid an accident, some suffered collisions as a result of SUA.

Plaintiffs are drawn from Ford owners in 14 states, including West Virginia, Florida, New York and Illinois. Attorneys for the class believe that they will soon have plaintiffs from every state in the Union, making this one of the largest class-action lawsuits in history against a car manufacturer. The models affected are the 2005 through 2010 Ford Mustang, the 2002 through 2005 Mercury Cougar, and the 2004 through 2010 Ford Explorer.

The Ford class-action lawsuit is based on some of the same complaints that prompted a class-action suit against Toyota for SUA that caused several accidents, some of them deadly. Toyota eventually settled with thousands of plaintiffs for a total of $1.1 billion in economic-loss claims. Individual victims are also suing for injuries resulting from accidents involving sudden acceleration.

The case was filed as Belville v. Ford Motor Co., 12-CV-06529, U.S. District Court, Southern District of West Virginia.

If you believe you have been a victim of an accident caused by sudden unintended acceleration, a West Virginia car crash attorney may be able to help you collect damages for your economic losses and physical injuries.

Source: Bloomberg News, "Ford Sued in Class Action Claiming Sudden Acceleration," March 29, 2013.

Continue reading "Product Liability--Ford Motor Company Sued for Unintended Acceleration " »

March 23, 2013--Denver, Colorado--Skiing and snowboarding are considered fun and exciting winter activities. However, the owners of resorts where these activities are enjoyed have a darker secret: they often refuse to take responsibility for ski accidents and injuries that occur on their property.

One problem is that ski resort employees are often the first responders at an accident scene. Without proper training, these employees are ill-prepared to deal with a serious injury or possibly fatality. Further, a resort's employees have every reason to minimize their employer's possible liability in an accident, such as lack of safety equipment or errors made by employees.

Ski resorts often have the final word in explaining how an accident happened, and this can mean that the resort's possible fault in the incident is often minimized. Ski resorts routinely demand waivers from patrons indemnifying the resort in the event of an accident, even if the resort has acted negligently.

Data on the number of people injured at ski resorts each year is hard to collect because resorts are not required in many states to report injuries. This not only means that ski resorts can deny responsibility in an accident, it also means that other potential victims are not informed about dangers at various ski locations.

Finally, in many states, skiers and snowboarders are limited in the amount they can collect even if they do successfully sue a resort.

A new California law sponsored in part by the California Ski and Snowboard Safety Organization would require California resorts to prepare safety plans and release information about death and injury at their facilities each year. The organization claims that if resorts are going to require liability waivers, skiers and snowboarders have the right to know about previous injuries on the property and possible dangers. By making this information easily available, the California Ski and Snowboard Safety Organization hopes to prevent further injuries and deaths in ski-related accidents.

Victims of ski or snowboarding accidents may be able to recover damages for their injuries. A Charleston ski and snowboard accident attorney can explain the victim's rights and help him or her to take the proper steps to collect compensation. Victims may be entitled to recover payments for medical expenses, doctor's visits, emergency room costs, and continued therapy or care. They may also be able to collect payments for lost wages, living expenses and other costs associated with their accidents.

Source: MSN Money, "How ski resorts fend off accident lawsuits," Bruce Kennedy, March 19, 2013.

Continue reading "Ski Accident Victims Face Roadblocks in Collecting Damages" »

March 23, 2013--Huntington, West Virginia--A tearful apology was issued by the man accused of causing a fatal drunk driving accident that took the life of a 52-year-old woman. However, the apology was tempered by the fact that this is not the first DUI conviction for the suspect nor the first time he has been imprisoned on charges of causing damage by driving drunk.

The fatal crash took place on 5th Street Hill in Huntington when the suspect crossed the center line and hit the victim's car head-on. According to reports by authorities, the driver told paramedics at the scene of the accident that he had consumed "a couple" of drinks. A record check revealed that the suspect had not had a legal driver's license since 1996. He also had previous DUI convictions in 1997, 1999 and two in 2005. He was imprisoned for a time in 2005 as the result of his convictions. He was also given home confinement, but re-arrested after escaping.

Authorities accounted for the suspect's continued freedom by explaining that his previous charges were misdemeanors. However, he is currently being charged with felony DUI in connection with the fatal accident. The suspect has also faced charges of domestic battery, attempted burglary, driving without proper insurance, and speeding. Not all charges resulted in convictions; in some cases, charges were dropped and in others they were dismissed.

The victim's family is devastated and has many questions about why this driver was free to kill by continuing to drink and drive. The victim was a beloved mother and grandmother and was on her way to the hospital to visit her sister at the time of the crash.

Drunk driving is responsible for thousands of vehicular deaths each year, and is still one of the leading causes of death for people under 30. Despite stricter DUI laws and enforcement in recent years, many people who drink and drive continue to do so. In some cases, such as this one, this negligence results in terrible consequences for innocent victims.

Victims who have been injured, and family members of those who have been killed in DUI accidents, may be entitled to compensation for injuries or loss of life. These damages may include such things as medical bills, pain and suffering, loss of use or disability, loss of consortium and lost wages as the result of injury or loss of income as the result of the death of a breadwinner.

In cases where a drunk driver has been served by a drinking establishment, victims should always retain an attorney to investigate whether the drinking establishment has some liability for serving the drunk driver despite his/her visible intoxication. These cases are commonly referred to as "dram shop" cases in the legal community, but whatever they are called the concept is always the same. It involves holding drinking establishments to a high standard of public safety in exchange for the State giving them a license and the privilege to serve alcohol for a profit.

A Charleston personal injury attorney can help victims and their survivors collect damages from drunk drivers, their insurance companies and the drinking establishments that served them alcohol.

Source: WSAZ News, "Crash closes part of 5th street," March 20, 2013.
Chris Heavens is a DUI accident attorney in Charleston, West Virginia. Mr. Heavens has spent many years helping victims of car, truck and motorcycle accidents recover damages when they are injured in crashes caused by the negligence of others. Those who have been injured in a DUI crash can receive a free, private consultation about their cases to learn about their rights under the law and how to collect compensation for their costs and expenses.

March 23, 2013--Marshall County, West Virginia--A West Virginia gas line rupture on U. S. Route 250 near Cameron resulted in no injuries but required the evacuation of several residences on Reid Road and Fish Ridge Road as a precaution, according to authorities.

The rupture in the 24-inch gas line occurred around noon on March 22. A nearby road was closed for around two hours as a crew from Williams Co., which owns the line, worked to repair the break. Cameron Fire officials hiked in to the scene to inspect the area. Authorities allowed residents to return to their homes and re-opened the road after determining that there was no immediate danger to people in the area.

Marcellus Shale Wells Pose Possible Hazards

The gas line explosion, while constituting a "normal" accident, highlights the concerns of area residents over possible environmental impacts from drilling into the Marcellus Shale, a natural rock formation that underlies several states and promises to be a rich vein for natural gas.

However, fracking, or hydraulic fracturing, of the rock is often necessary to access the gas deposits. Modern fracking methods, known as horizontal slick water fracturing, can result in the release of toxic gases and other hazards. Furthermore, the wastewater from fracking activities could pollute groundwater and natural streams, leading to possible injuries to area residents.

The rapid expansion of fracking and gas wells in West Virginia have led to concerns that corporate interests do not always observe the strictest safety measures to protect workers and residents.

Injured As A Result of Gas Drilling Activity?

Those who have been injured as a result of gas well drilling, gas line explosions or other hazards may be entitled to compensation. Residents in the areas around fracking activities and those who live close to gas lines are at the highest risk, although the pollution of groundwater and streams may also affect those who live much farther away.

Anyone who suspects he or she may have suffered injuries as the result of gas company activities should seek the immediate advice of an attorney who has experience in taking on gas companies. An attorney with a background in successfully litigating cases against gas drillers and their contractors is more likely to understand the legal issues involved in establishing a case against those entities. Anyone who believes that gas companies, gas drillers or gas contractors may have harmed them should always seek free advice from an attorney.

Source: WSAZ News, "Gas Line Rupture Reported in Marshall County, W.Va." March 22, 2013.

Continue reading "Gas Line Explodes in Marshall County, WV" »

March 16, 2013--Madison, Wisconsin--Since a record high of 39 snowmobile deaths in the 1999-2000 winter season, Wisconsin snowmobile fatalities have declined. However, with an average of 21 deaths per year, more can be done to protect riders and their victims.

Statistics show that snowmobiling remains a very dangerous sport. In Wisconsin:

• 205 people died between December 1999 and March 2006, for an average of 29.3 people per season.
• Almost one-fourth of all recorded snowmobile deaths have happened since 1999.
• In seven seasons, the number of fatalities related to snowmobile accidents surpassed 30. In three seasons, the number surpassed 35.

The high number of deaths prompted the Wisconsin legislature to set a nighttime snowmobile speed limit of 55 miles per hour in 2006. This reduced the number of deaths to less than 27 in each of the subsequent years. Overall, there has been a 32 percent reduction in snowmobile fatalities in the past seven years.

Snowmobiling remains the deadliest outdoor activity in the state, with only boating coming close to the death toll. Statistically, males are more likely to die in both snowmobile and boating accidents, with rates of 88 and 90 percent, respectively. Alcohol and speed are often a factor in these accidents; 70 percent of all fatalities are speed-related and 60 percent involve alcohol. 70 percent of fatalities occur after dark.

How Can I Snowmobile Safely?

Here are some tips for safe snowmobiling:

• Never operate a snowmobile alone. Always ride with others and let family members or friends know where you will be and when you are expected to return.
• Never use a snowmobile when you have been drinking.
• Always operate your vehicle at safe speeds and always wear a helmet and other protective gear.
• Never drive into open water, even if you believe the ice is thick.
• Take a safety certification course to hone your skills. Safety courses reduce the number of deaths in snowmobile accidents significantly.
• Be aware of the laws in your state that impact snowmobiling. In West Virginia, riders cannot travel on public roads except to cross, for example, and snowmobile owners must either register or title their vehicles.

Victims who have been hurt in snowmobile accidents may want to seek the advice of a personal injury attorney about collecting damages for their injuries.

Source: Madison Sports, "Patrick Durkin: Snowmobile fatalities dropping but still too high," Patrick Durkin, March 15, 2013.

Continue reading "Ski & Winter Sports Injuries: Snowmobile Fatalities Have Dropped But Numbers Still High" »

March 16, 2013--Washington Township, Pennsylvania--A Marcellus Shale well on a Carrizo Oil and Gas drilling pad malfunctioned, causing three families to evacuate their homes as thousands of gallons of waste fluid poured out at the rate of 800 gallons per minute after the gas well drilling accident.

The malfunction occurred during a fracking operation off Keiserville Road. Natural gas was detected leading from the well and brackish, chemically-infused wastewater was observed gushing from the site. The well was finally capped about 24 hours after the incident. Technicians were able to contain about 227,000 gallons of waste fluid, but some ran off the pad into temporary catch basins across the road.

Families within 1,500 feet of the well were evacuated as a safety precaution. There was no explosion or flare-off in connection with the leak. No one was injured in the accident, and the families were able to return to their homes shortly after evacuating. The families are being given bottled water until their own wells can be tested.

The Department of Environmental Protection is investigating the incident but at present has no idea how the accident occurred. What is known is that the crews were in the 23rd stage of a hydraulic fracturing operation at the Yarasavage 1H well and were injecting chemically treated water and sand into the ground to open cracks in the shale.

County and state emergency management teams responded to the accident as well as representatives of the company. Keiserville Road was closed at both ends as trucks traveled to and from the well site. One brief burst of vapor was observed shooting from the well into the air.

Emergency management experts stressed that the community was not in danger and that agencies were monitoring the air quality for possible gas leaks. No volatile chemicals or excess methane was found within a 1.5-mile radius of the well site. Radiation levels were also tested at normal in the fluids discharged by the well.
However, there will be continuing investigations into the soil and water around the site to monitor chemical and radiation levels.

Carrizo, the company that owns the well, has 85 shale gas wells in Pennsylvania. Thirty of them are in Wyoming County.

Impact on Victims of Gas Well Accidents

Gas well drilling in the Marcellus Shale has resulted in several near-accidents. One serious breach of underground radiation or gasses could result in deadly consequences for area residents or in contamination of water supplies and soil.

If you have been a victim of a gas well drilling accident, you may need the help of a personal injury attorney to assist you in collecting damages. Going up against large drilling companies is not easy; a personal injury lawyer may be able to help you level the playing field.

Source: Citizens Voice, "Natural gas well malfunction causes spill," Laura Legere, March 15, 2013

Continue reading "Gas Well Injuries: Malfunction in Gas Well Leads to Spill" »

March 16, 2013--Boone County, West Virginia--A 63-year-old Kermit man died in a coal mine accident in Boone County after a piece of ceiling fell on him. The victim was installing a rib bolt in the Peerless Rachel Mine in Racine when the accident occurred.

His death brings to five the total of mining deaths in West Virginia since the beginning of the year.

West Virginia Mining Statistics

According to the West Virginia Office of Miners' Health, Safety and Training:

• In 2011, 22,336 miners were employed in 280 mines across the state.
• For the 2011 year, there were 18,802 separate citations for safety violations in these mines.
• There were 1,248 total reported injuries and six deaths in these mines in 2011. Most of these injuries, 216, involved slip-and-fall incidents, followed closely by injuries caused by reaching and lifting, which accounted for 195 injuries. Another 100 were caused by machinery, and 87 were caused by falling objects.

Clearly, mining injuries and deaths are not as uncommon as many people believe. With 1,248 injuries in a year, this averages to more than three injuries per day in West Virginia mines. Six deaths equates to one every two months.

What Can I Do If I Have Been The Victim of a Mine Accident?

Victims who have been injured in mining accidents as well as the survivors of those killed in these incidents may have rights under the law to collect damages from the mining companies. Nearly 19,000 safety violations are cited each year in West Virginia mines; this means that the chances of a miner being injured on the job are relatively high.

When mine workers are injured or killed, a personal injury attorney must examine the cause of the injury or death. If it was caused by negligence on the part of the mining company, the company may be liable for the damages.

This happens far more often than people realize. In some cases, workers who have been injured are pressured and coerced into not filing workers' compensation claims or lawsuits by their employers. In other cases, companies may threaten employees who report dangerous conditions, faulty equipment or other problems.

In order to protect their rights, employees who have been injured in mining accidents may wish to work with a personal injury attorney not only to recover damages but to help improve workplace safety for everyone else employed in West Virginia mines.

Source: WKYT News, "Mingo County man killed in WV mine accident," March 15, 2013.

Continue reading "Coal Mining Accidents: Mingo County Man Dies In Mining Accident" »

March 9, 2013--Bluefield, West Virginia--West Virginia State Police have identified a man killed in a tractor-trailer accident in Bluefield as Lester Walker, Jr., 48, of Connellsville, Pennsylvania. Accident investigators believe that the victim died when materials he was hauling shifted on the truck, leading to a rollover of the vehicle. Crews had to lift the vehicle off of his body in order to remove it from the accident scene.

Mr. Walker was hauling rolled metal for an Ohio company and was on his way to Minster, Ohio, at the time of the accident. The accident occurred on Interstate 77 just outside of Bluefield. Both local and state agencies are investigating the crash. Weather is believed to have played a role in the series of events that led up to the accident.

Tractor-Trailer Loads Can Lead to Serious Accidents

According to a study done in 2003 for the National Highway Traffic Safety Administration, safety restraints play a large role in large truck rollover accidents. The study examined the deformation of the vehicle that can occur when a rollover takes place, especially at higher rates of speed and with a large, heavy cargo on board. The study showed that about one-third of fatalities in rollovers occurred with drivers who were strapped in with their seatbelts, while the other two-thirds involved those who were ejected from the vehicle or seriously injured by lack of restraint during the crash.

It is unclear whether the driver in this case was wearing safety restraints. That will be something that the investigators in the accident must determine. However, even if the driver was restrained, a rollover semi accident apparently conveys a 33 percent chance that the driver will still perish given the violent nature of rollover damage to these vehicles.

This is not surprising given that the average, unloaded semi weighs at least 10,000 pounds and loaded trucks can weigh up to 80,000 pounds. The more weight a vehicle carries the more force it can convey during an accident. One factor that may affect this fatality rate is the structural integrity of the cab, where the driver sits. Cab collapse has been linked to several semi driver deaths. However, even a strongly-built cab may collapse if hit with a great deal of weight from heavy cargo.

Liability for Semi Truck Accidents

When a truck driver or passenger car occupant is injured or killed in a trucking accident, it can be difficult to establish liability. Truck accidents often involve multiple defendants. The trucking company, the truck driver, truck owner, cargo owner and any other drivers involved in the crash are all possible defendants depending on the circumstances of the trucking accident.

Source: WVNS TV, "Tractor-trailer mangled after wreck on Interstate 77," March 7, 2013.

Continue reading "Trucking Accidents--Man Killed in Semi Crash in Bluefield, WV" »

March 9, 2013--Aspen, Colorado--Authorities are still searching for a "hit-and-run" skier who injured another man and put him in the hospital during a skiing accident in Aspen Highlands. Sheriff's deputies for Pitkin County are asking the public to help locate the skier, who is believed to be male, who caused the accident nearly a month ago.

The accident occurred at Aspen Highlands in February when a 77-year-old man was hit by another skier, causing him physical injury. A witness has stated that the other skier stayed for about ten seconds then skied away without rendering aid to the victim. The skier was described as possibly male and wearing a blue jacket and hat.

The victim is making a good recovery but is still in the hospital from his injuries. Local authorities are asking anyone with information about the accident to contact the Pitkin County Sheriff's Office.

Ski Accident Statistics

According to recent statistics, the overall number of skiing accidents has been steadily decreasing, thanks in large part to better understanding of safety and better use of available safety equipment. At the same time, the rate of particular types of winter sports accidents, particularly snowboarding accidents, have increased. While overall ski accident numbers have been cut in half in the last 40 years, snowboard accidents have doubled in only the past ten.

The nature of the injuries sustained in ski accidents is also changing. Where breaking of lower legs was once the most common type of accident injury sustained by skiers, changes in boot styles have led to fewer incidents of leg fractures. At the same time, the search for ever-faster and more-thrilling trails has led some ski resorts to groom their snow so that skiers can reach rates of up to 40 miles per hour on the slopes. This has led to much more dangerous impact injuries.

While helmet use has increased, helmets are only rated for crashes that involve speeds of less than 15 miles per hour. As speed increases, helmets become more and more ineffectual at preventing traumatic brain injury, one of the most common causes of death in ski accidents.

Collecting Damages for A Ski Injury

In any ski accident, there are two possible sources of payment for injuries: the property owner, who may have liability for allowing unsafe conditions, or another skier who has engaged in dangerous behavior that led to the accident.

While property owners are protected to some degree against ski accident lawsuits, other skiers do not enjoy that same protection if they are engaging in negligent and dangerous behavior. In the present case, the unidentified skier may have liability for the man's injuries.

Source: KREX TV News, "Authorities searching for hit-and-run suspect following ski accident," Jordan Sherman, March 6, 2013.

Continue reading "Ski Accidents: Hit-and-Run Skiing Suspect Sought" »

March 9, 2013--Marietta, Ohio--The United States Coast Guard is currently considering measures to allow the shipping of hydraulic fracturing wastewater on American waterways. GreenHunter Water, a company with several Class 2 injection wells in Ohio, has proposed to barge fracking wastewater on the Ohio river. Critics believe this could lead to an accident spill and injuries from fracking wastewater to those who live in the area.

Plan for Barging Fracking Waste

The current plan would allow GreenHunter, who owns a fleet of trucks and a storage facility in New Matamoras, to ship fracking wastewater from ground sites to its barges on the Ohio River for transport. The plan is to store the water in barrels on the barges as it is towed to its final destination. Each barge in GreenHunter's fleet can carry 10,000 barrels, giving these boats cargo volume equivalent to 1,050 tanker trucks. The barges, each carrying 500,000 gallons of fracking wastewater, could be towed in groups of 15.

Pros and Cons

Proponents of the plan tout it as a safer method of disposal than trucking. They also believe that the safe and economical disposal of fracking waste will encourage the development of Class 2 wells in the area, meaning more jobs and economic growth for southeastern Ohio.

However, critics argue that the risks are simply too great to allow fracking waste to be transported on the river. They are concerned by recent testing results from the Environmental Protection Agency which suggest that fracking wastewater contains carcinogenic agents, heavy metals, and radioactive particles in dilutions far too high to be safe for humans. Further, because of proprietary information protection, no one is really sure exactly what is in fracking wastewater, making testing after a spill particularly difficult.

As 5 million people currently rely on the Ohio River for drinking water, an accident could produce immediate and dire consequences for the region.

What Should I Do If I Am A Victim Of An Environmental Accident?

If you have suffered injuries due to wastewater contamination or other environmental accidents, it is important that you seek legal advice immediately. Because of the volatile nature of the argument between environmental rights groups and major gas companies, little attention is paid to the "average person" who suffers injuries from fracking or other industry practices. Instead, you become a statistic to be waved around in the battle between the giants.

You deserve someone who will look out for your personal interests and ensure that your medical bills and other expenses are paid. A personal injury lawyer will represent you as a person--not as a number in a battle.

Source: Marietta Times, "Fracking waste doesn't belong on our waterways," Sasha White, March 9, 2013.

Continue reading "Gas Well Accidents--Coast Guard Considers Disposal of Fracking Waste" »

March 1, 2013--Madison, Wisconson--A former Wisconsin District Attorney was accused by a domestic abuse victim of sexual abuse during the time he was prosecuting her ex-partner. The victim claimed that the DA sent her "racy" text messages during the time that she was involved with the prosecution of her ex-boyfriend. Other women also came forward, accusing the man of sexual abuse as well. A sexual abuse lawsuit may be the only way for some victims to recover damages from their victims.

The former DA resigned in 2010 after the allegations were made. He later pleaded no contest to ethics charges, and the state Office of Lawyer Regulation recommended that his license to practice law be suspended for six months. However, the suspension has not yet been put into effect by the state Supreme Court.

The lawsuit alleges that the woman's constitutional rights were violated by the defendant's action, a claim the defendant denies. However, the court ruled that the lawsuit could proceed and that the question of violation of rights could be a matter for the jury to decide.

Sexual Abuse Facts

About one-third of females and thirteen percent of males will experience sexual abuse as children or adults. Sexual abuse can be defined as any sexual activity that causes discomfort or fear in the victim, even if actual intercourse does not take place.

Some sexual abuse is violent in nature, but by far the greatest number of sexual abuse acts do not involve "rape" as most people understand it. Child sexual predators often "groom" their victims with acts of kindness that gradually change into sexual activity. By the time this happens, the victim may be very confused about what is happening and may not even recognize that the acts are sexual in nature or that they are being forced to perform them.

For adults, the same pattern may apply with a bit more understanding of what is going on. Adult sexual abuse victims are often someone who is in the power of someone else for various reasons. No one is exempt from danger; sexual abuse has been inflicted on the elderly as well as the young. Many times, sexual abusers will force a victim to perform sexual acts or to accept unwanted attentions by choosing victims who are powerless to stop the behavior.

In this case, the abuser seems to have focused on women who relied on him to prosecute cases against former partners who were also abusive. This is a classic pattern. Abusers often choose someone who has been abused because they know that former abuse victims are less likely to report and more likely to comply.

Source: American Bar Association Journal, "Sexting lawsuit against ex-district attorney is settled," Mark Hansen, February 14, 2013.

Continue reading "Sexual Harassment Lawsuit Against District Attorney Settled" »

February 24, 2013--Detroit, Michigan--Chrysler has announced that it will recall about 278,000 of its pickup trucks and SUVs due to a rear axle problem that is causing lock ups and, in some cases, accidents. This product liability issue is the second one that Chrysler has dealt with involving rear axle problems.

Recall Details

The recall will cover Ram 1500 pickups manufactured between 2009 and 2012, Dodge Dakotas manufactured between 2009 and 2011, and Chrysler Aspens and Dodge Durangos manufactured in 2009.

According to the National Highway Traffic Safety Administration, the problem seems to be a nut in the rear axle that is held in by an adhesive patch. If this patch is missing, the nut can become loose, causing the rear axle to lock. There have been 15 reported crashes so far due to this problem.

Chrysler plans to contact vehicle owners beginning in March to schedule a free repair to fix the axle problem. Of course, it is possible that some of these vehicles have been sold to other people by now and the company may not be able to contact all vehicle owners. For this reason, it is important that the public be notified of this potential danger.

Not the First Rear-Axle Recall for Chrysler

Last October, Chrysler was forced to recall 44,000 Ram trucks and Dodge Dakotas that were manufactured between July and November of 2009 for the same problem. Later, the company learned that vehicles manufactured as early February of 2008 and as late as October of 2011 may have been affected by the same type of issue.

There is no word on any other vehicles that may have been affected by this problem or how the problem began. It is assumed that the defect is a manufacturing issue rather than a design issue.

Liability for Recalled Vehicle Accidents

When a vehicle is recalled it is usually for two reasons. First, companies want to prevent injuries and accidents for people who have purchased their vehicles. This is the ethical approach to the problem and is to be commended. However, there is also a more selfish aspect to recalling vehicles; the companies want to avoid litigation for injuries that may result.

However, even if a vehicle is recalled, the company is not necessarily relieved of liability for the problem. If the issue is related to the design or manufacture of the vehicle, the company is liable for releasing a dangerous product to be purchased by customers.
Victims who have been injured due to a recall issue with a vehicle should seek help from a product recall attorney. These victims may be able to recover damages including medical expenses, sums for pain and suffering and other costs related to their injuries.

Source: Detroit Free Press, "Chrysler Recalls Pickups, SUVs," February 15, 2013.

Continue reading "Product Liability: Chrysler Recalls Pickups Over Rear Axle Lock-Up" »

March 1, 2013--Pittsburgh, Pennsylvania--A mother and her 12- and 8-year-old daughters died in their van when they were unable to escape rising water due to a flash flood because the pressure on the doors made them impossible to open and the power windows failed to function.

At the same time, a 72-year-old woman was swept to her death after escaping her car in the same flood.

Now, the families have filed wrongful death lawsuits against the car manufacturer for design defects in the vehicle that resulted in the death of the woman and her children.

Product Defects Are Responsibility of the Manufacturer

Under the product liability principle, manufacturers are responsible for the defects in their products that lead to death or injury when the products are used in the manner intended. Product defects can be a matter of design, manufacture or warning to consumers.

When a manufacturer fails to warn consumers of possible dangers related to the product it makes, a product liability suit may ensue if consumers are injured without being aware that the product could be dangerous. In this case, the family is stating, in part, that the failure of Chrysler to warn customers that the power windows might not open and that the doors could be sealed due to water pressure in a sudden flood contributed to the death of the victims.

Facts About Vehicle Submersion

While vehicle submersion deaths are not common when compared to on-the-road accidents, they do cost hundreds of lives each year. According to the National Highway Traffic Safety Administration, vehicle submersions account for an average of 384 deaths each year without including those deaths caused by flash floods. This means that about 11 percent of all drowning deaths take place inside a vehicle. About 100 people per year also die in vehicles during flash floods.

Most deaths occur as the result of a collision or roll-over that places the car in water, and some victims are unconscious at the time of drowning. Others, however, are trapped inside their cars and are unable to escape.

Escaping a Vehicle Submersion

Experts stress that there is a crucial window of about one minute of time in which the victim has a chance to escape if the vehicle hits the water. During this period, known as the flotation phase, victims can still open windows or doors and escape. It is critical that victims exit a car as soon as possible if it enters the water rather than trying to call for help.

If you have been injured or lost a family member in a vehicle submersion accident, contact a personal injury attorney to determine your rights and how to collect damages for your losses.

Source: Safety Research.net, "Submersion lawsuit highlights escape design gaps," February 26, 2013.

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March 1, 2013--Philadelphia, Pennsylvania--Delilah's 9th Annual Diamond G-String competition is the type of event that raises strong emotions, both pro and con, in the public. The $10,000 cash prize encourages women to compete, although some groups blast the event as demeaning and misogynistic. However, for one competitor, moral questions were not the most important factor in the competition; she injured herself and is now filing a personal injury lawsuit to claim damages.

Competition Can Be Dangerous

The g-string competition features more than simple dancing. Participants use not only sexy costumes but also swords, hula hoops and other props to catch the judges' eyes. One participant was using a half moon aerial apparatus, a device like a half-hoop that hangs from a chain, when she severed her thumb during practice.

The injured 35-year-old woman claims that Delilah's, who sponsored the event, did not ensure that the apparatus was safe for use by examining its design and inspecting it for failure and did not warn users of its potential dangers. She is seeking $50,000 in damages for her pain, suffering, and disfigurement.

The injury required surgery and caused the participant to fall from the device, which was suspended in the air, to the ground. Her lawyer claims that although she had no formal training as a dancer, she was training on this type of apparatus in the hopes of performing in shows and circus acts. The woman had previously competed in the same competition without incident.

Strip Club Injuries More Common Than Believed

While many people believe that the worst damage a strip club could do is to a person's reputation or marriage, injuries are not that unusual at these establishments. One Landsdale man recently sued a Port Richmond club for injuries he sustained, including a ruptured bladder, when a stripper slid down a pole and landed on him with great force. Other injuries include damages sustained in fights or from employees of the club as well as slip-and-fall injuries from dirty floors or other obstructions.

Can I Really Sue for Strip Club Injuries?

While the idea of suing a strip club for injuries might seem strange to some, in the final analysis personal injury lawsuits are all fought on a level playing field. The doctrine of premises liability extends to any public venue so even strip clubs can be sued for failing to keep their premises safe and avoiding injury to patrons.

Those who have been injured in a premises liability accident can seek remedies through a premises liability attorney who can help them file a claim for damages.

Source: Philly News, "Dancer sues Delilah's over severed thumb," Dana DiFilippo, February 12, 2013.

Continue reading "G-String Competition Results in Injury" »