When we think of the words “turf wars,” we often think of conflicts over property, or, in a sports environment, battles on the football field. In an example of how everyday products can be harmful, the term is now being used to define a series of lawsuits that are challenging the health and safety of artificial turf, or Astroturf. What …
Your Body Position Can Cause Injury When Airbags Deploy
Your car is a technological marvel, with safety features that you probably do not even know that it has. Many newer cars are like computers on wheels, that not only protect you in the event of an accident, but that actively take measures to avoid a crash from happening in the first place. Despite these advancements, one of the most …
Showing Future Lost Wages or Lost Earning Capacity can be Difficult
Lost wages are a vital part of an injury claim. One very difficult part of recovering these damages is proving what will happen to a victim’s ability to work far into the future. A recent case is a reminder of how important it is to provide sufficient evidence to a jury as to a victim’s inability to continue to work …
What Causes Falls by Nursing Home Residents?
When our loved ones in nursing homes are injured, the first question that many of us ask is how the accident that caused the injury was allowed to happen. In an institution with around the clock nursing care and therapists and medical personnel on staff, it can be hard to imagine how some patients end up injured. The fact that …
Victim Cannot Recover for Injuries Sustained in a “Freak” Accident
We wrote a while back about causation, and the difficulty in some cases of determining who is responsible for an accident when there are multiple people who may have acted negligently. A recent case reinforces the idea that victims must show that accidents are foreseeable, and more than just one-time, freak accidents in order to hold a defendant liable for …
Nursing Homes Have an Obligation to Care for Residents After a Storm
Natural disasters can sometimes bring out the best in people. Sadly, sometimes, they can also bring out the worst, or at least expose problems in the way that we protect our citizens. Such is the case with the tragic local South Florida nursing home story that made national news after Hurricane Irma hit. Nursing Home Loses Power After Storm Hurricane …
Drowsy Driving is Deadly but Largely Unrecognized
Everyone knows the best practices when it comes to avoiding serious car accidents. We have been educated about the dangers of drunk driving or driving while intoxicated, and laws have been passed making these very serious offenses. Even distracted driving has been brought to the public’s attention of late, with some states passing laws to try to curtail the behavior. …
Hold Harmless Agreements May Spread to Malpractice Cases
More and more it seems like we are being forced to sign exculpatory clauses in contracts and agreements. These are so-called “hold harmless” agreements, where businesses compel us to agree not to sue them if we are injured on their premises or by their negligent acts. These contracts are usually used for higher-risk businesses, like extreme sports vendors or facilities …
Exclusion of Expert Witness Testimony Causes Confusion in Injury Trial
We often talk about the role that experts play in personal injury cases, but experts can not just say anything in court, and when a judge allows or prohibits an expert from testifying as to an issue, or from answering a question, it can cause problems for the side presenting the expert. Recently, a case ended up being improperly decided …
Causation Seems Easy to Prove, But Can Be a Major Problem in Injury Cases
To recover for injuries sustained in an accident, it is vital to prove that the other side did something wrong—usually, some act or omission that was negligent. It is also vital to demonstrate how injured you are, or the “value” of your injuries in the eyes of the law. But there is a middle step that is often overlooked, that …