Friday, May 31, 2019

Summertime Injuries — And Compensation — for Workers 

Summer is here, and injuries are near.
Sorry, the poet made me do it. But seriously, summertime injuries are about as predictable as heat waves and heatstroke. It’s time to put on your shades, slather on the sunscreen, and get an extra layer of legal protection. Here are the areas where you’ll need it the most on the job:
Heatstroke
Heatstroke happens when your body temperature rises above 104 degrees due to heat exposure. It’s one of the more common consequences of too much fun in the sun. But it’s not fun at all; it’s worse than sunburn. Untreated, it can damage your heart, brain, and other important organs.
If you are working — and not playing on your own time — that’s another story. Your employer is responsible for maintaining safe working conditions. People can get heatstroke indoors, too, because it’s really about heat exposure, not sun exposure. So if you get heatstroke on the job, you may qualify for workers’ compensation.
Skin Cancer
If you spend way too much time in the sun, over time you may develop skin cancer. Some people, and people in some professions, are more susceptible than others. It also depends on where you work, when it comes to legal liability. For example, in California, Colorado, and Massachusetts skin cancer is considered an occupational disease for certain professionals. Lifeguards, fire fighters, and state police may be covered by workers’ compensation if they develop skin cancer on the job.
Other Outdoor Injuries
They say the best remedy is prevention. In other words, don’t be an idiot when going outdoors. Proper clothing, water, and shade can guard against a host of summer injuries — even when you’re not working. Hopefully, you can enjoy the outdoors and not have to worry about who is responsible if you get hurt. But if you don’t take reasonable precautions, it’s hard to blame somebody else for your injuries. Independent contractors — who are not covered by workers’ compensation — take note.
There is something called premises liability, however, for anybody who gets hurt on somebody else’s property. You may be able to sue, for example, if you slip and fall due to a hidden hazardous condition. But it only applies if it’s not your fault, like taking selfies on a cliff.
If you are injured on the job, you might want to contact a workers’ comp attorney near you. They can help explain your rights and responsibilities.

The post Summertime Injuries — And Compensation — for Workers  appeared first on Rutberg Breslow Personal Injury Law.



Summertime Injuries — And Compensation — for Workers 

Thursday, May 30, 2019

Man Dies in Jail After Police Dog Bite, Family Can Sue Jail Staff 

People in the United States are guaranteed certain constitutional and statutory rights. And, if these rights are violated, the victim is entitled to pursue a civil action against the violator. While the rights also apply to prisoners, it can be harder for them and their families to pursue a lawsuit because government officials — such as prison staff — have qualified immunity. But, this immunity can be overcome in certain cases. For example, a Florida judge has allowed the family of a dead prisoner to continue with their lawsuit against prison medical staff.
How a Dog Bite Led to a Prisoner’s Death
According to Orlando police, on August 6, 2015, Max Gracia was hiding in a lake after committing an armed robbery at a convenience store. Police sent in a dog, and during the struggle, Gracia was bitten on his hands and legs. Gracia was first admitted to a public hospital, and later taken to the county jail’s infirmary. During his time in jail, Gracia’s health quickly got worse, and he died four days after his arrest. According to an autopsy, the bite on one of Gracia’s legs led to an E.coli infection, which led to a fatal blood infection. Officially, "Gracia died of septic shock with HIV as a likely contributing factor."
Proving Deliberate Indifference
In 2017, Gracia’s parents filed a lawsuit against the jail’s medical director, four nurses, and Orange County alleging that their son’s worsening medical condition was ignored as a result of the "culture of neglect" at the facility. The plaintiffs later removed three of the nurses and the county from the lawsuit. According to Daniel Tilley, the legal director of ACLU of Florida, cases like this one require a plaintiff to prove there was deliberate indifference as a prerequisite to establishing the violation of a constitutional right.
In the court order issued this year, U.S. District Judge Gregory Presnell stated that the medical director examined Gracia "an HIV-positive patient with a severe dog-bite wound and deliberately declined to play an active role in his subsequent treatment." This, according to the judge, was the "very essence of deliberate indifference," which is why he allowed the case to proceed to trial.
While this court order is a win for Gracia’s family, this case is far from over. Not only does the court order simply allow the case to proceed to court, but the defendants have filed an appeal of this decision.

The post Man Dies in Jail After Police Dog Bite, Family Can Sue Jail Staff  appeared first on Rutberg Breslow Personal Injury Law.



Man Dies in Jail After Police Dog Bite, Family Can Sue Jail Staff 

Wednesday, May 29, 2019

Your Guide to Gangway Accident Injury Recoveries

ship gangwaysIf you work on a commercial boat or other vessel, you must have safe passage on and off.

Gangways are usually reliable, but there's still potential for injury.

For example, you may be hurt because of:

  • A lack of safety features. Gangways should be equipped with functioning side rails and non-slip surfaces.
  • A lack of safety equipment. If you're performing work on the gangway, then it should have appropriate safety equipment, such as safety harnesses and life jackets, for example.
  • Negligent platform positioning. Platforms help with efficient loading or unloading of the vessel, but they must be properly positioned and secured to prevent fall accidents.
  • Failure to follow safe weight limits. Overcrowding or other weight compromising might cause a gangway to fail.
  • Problems with self-adjusting leveling or stairs. Different systems accommodate various vessel heights, but a malfunction in the self-adjustment mechanism could contribute to instability.
  • Failure to inspect and maintain the gangway. Weather conditions, frequent use, and other factors may cause components of the gangway to wear out or fail. If equipment isn't properly maintained, this negligence might be the cause for accidents.

Depending on the nature of your accident, you could suffer:

  • Broken bones
  • Back or spinal cord problems
  • Concussions or another serious head injury
  • Internal injuries

A fall from great height might also result in death.

Use a Skilled Attorney for Your Gangway Accident Case

Before you pursue a legal recovery, it's important to know why you were hurt. It's also critical to understand what entity might be responsible: the vessel owner, your employer, the gangway manufacturer, or another party. You may be able to recover damages for your healthcare costs, lost income, and other damages.

Start a live chat today to schedule your free, no-obligation consultation with Steven M. Lee, P.C. His expertise with maritime laws and state and federal safety regulations give you the opportunity to learn about your legal rights and options for an injury case.  

 



Your Guide to Gangway Accident Injury Recoveries

Tuesday, May 28, 2019

Dry Dock Dangers, Injuries, and Recoveries

dry dock dangersShips must be regularly inspected and repaired so they're safe at sea. Sometimes, this requires a vessel to be dry docked so the appropriate maintenance work can be done.

While a vessel is in dry dock, the risks for workers may be different than when the ship is out on the water, but make no mistake—
there's still a significant risk of injury.

Negligence, insufficient training, and inadequate safety equipment can all cause dry dock accidents. These include:

  • Fires
  • Slip and falls
  • Falls from heights
  • Falling equipment, debris, or other loads
  • Machine accidents
  • Exposure to toxins and dangerous gasses

Because the ships are often under refitting or repair while in dry dock, there are many catastrophic injuries:

  • Burns
  • Electrocutions
  • Broken bones
  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal injuries
  • Respiratory injuries
  • Back injuries
  • Amputations

In some cases, an accident may also result in death.

Recovering With the Help of a Maritime Injury Lawyer

The Longshore and Harbor Workers’ Compensation Act is a federal law that might apply to compensation for injured dry dock workers. You may be able to recover damages pursuant to this law if you were hurt while performing maritime work on, near, or adjacent to navigable water. But your time to file a claim is limited. You must notify your employer within 30 days of your injury, and submit a claim within one year of the incident.

Your time to file a maritime injury claim is also limited if you seek damages pursuant to another law. Accordingly, it's essential to contact a maritime injury lawyer as soon as possible if you were hurt working on a ship in dry dock. Call us, fill out our online contact form, or start an online chat with us today to schedule your free consultation with Steven M. Lee, P.C.

 



Dry Dock Dangers, Injuries, and Recoveries

Why won't my doctor see me after a car crash?

You are in a frustrating and scary situation. The doctor you trust to treat your injuries and illnesses is refusing to see you after you have been hurt in a car accident, and you may not know where to turn.

Doctors have different reasons for refusing to treat car accident victims. However, most of the time, doctors refuse to see people who are hurt in car crashes because it creates additional work for them. Billing may be more complicated than it is for other health issues. It isn’t only your health insurance company that's involved, but it may also be multiple car insurance companies.

Additionally, doctors may have to do more paperwork or get involved in your car accident lawsuit, and many doctors simply don’t want these additional responsibilities.

How to Get the Medical Help You Need After a Crash

Even if you understand your doctor’s reasons for not wanting to treat you, you're still left needing medical care. You have a couple of options. You can:

  • Talk to your personal injury lawyer. Your lawyer may approach your doctor with a letter of protection that explains how your doctor will be paid out of your future car accident settlement. This may be enough to convince your regular doctor to treat you after a car wreck if your health insurance won't cover your car accident treatment and your doctor is worried about getting paid from a car insurance company or if you're uninsured.
  • See a different doctor. Not all doctors refuse to treat car accident victims. You have the right to seek care from a different doctor, and you should do so as soon as possible. A doctor who treats car accident victims knows what injuries to look for, how to treat car crash injuries, and how to document injuries appropriately.

You may feel abandoned by your primary care doctor, but you're not alone. Our experienced car crash lawyers are available to make sure that your rights are protected after a Texas car crash. Call us or reach out to us via this website today to schedule a free and confidential consultation about protecting your legal rights and financial recovery.

 



Why won't my doctor see me after a car crash?

Monday, May 27, 2019

Compressed Air Accidents Cause Serious Injuries

dangers of compressed airCompressed air is an important device on many ships. Frequently applied as an energy source, it powers production equipment and tools for mechanical repair, safety systems, and maintenance.

As blowing or active air, it's also used to clean dust and debris from different equipment and parts of a ship.

However, compressed air isn't like ordinary air. The force with which it's deployed makes it dangerous—as little as 5 psi causes significant damage. Explosions may also occur if the air containment tank is corroded by salt water and weakened.

Compressed Air Injuries

A compressed air injury can occur when an air tank:

  • Isn't stored at a proper temperature.
  • Has pressure that exceeds the manufacturer’s limit.
  • Is damaged.
  • Has a manufacturing defect.
  • Isn't used according to the manufacturer’s guidelines.
  • Isn't routinely inspected and repaired as needed.
  • Has a nozzle or output directed at a person.

Injuries may include:

  • Detached retinas, cornea damage, or even permanent blindness if compressed air hits the eyes
  • Ruptured lungs or esophagus, and other internal organ damage when the force of the air enters the body
  • Ruptured eardrums, permanent hearing loss, and even brain damage if the air releases by the ear
  • Embolism or stroke if compressed air enters through the skin and obstructs an artery

In some cases, compressed air injuries lead to fatalities.

If you or a loved one suffered an injury like this in the workplace, it's critical to understand your rights. Various maritime laws may apply to your situation, and might help you make a fair recovery for medical expenses, lost income, and other damages.

The law firm of Steven M. Lee, P.C., is ready to provide you with a free consultation about your rights and possible compensation. To learn more about how we can assist you, visit us on Facebook.

 



Compressed Air Accidents Cause Serious Injuries

Sunday, May 26, 2019

Hatch Accidents, Injuries, and Recoveries

boat hatch injuriesBoats need hatches. A hatch provides people with a way to move themselves and freight above and below deck, and also extends ventilation and natural light to lower levels.

Hatch covers vary depending on the type of ship and its purpose. Folding, lifting, rolling, and sliding hatches are typical installations on many commercial vessels.

Each one presents unique hazards. For example, folding hatch covers are often found on cargo ships. Hydraulic-powered arms move large flat steel panels to open and close. A mechanical glitch in these arms might injure someone passing through the hatch. 

Other dangers include:

  • The hatch is open, and you fall below deck.
  • The hatch is open and doesn't have appropriate safety railings or other safety protections for someone to travel back and forth without slipping or falling.
  • The hatch isn't installed properly or closed the right way, causing a person to suffer injuries.

Slip and fall accidents cause serious problems in the maritime industry. The Occupational Safety and Health Administration provides fall prevention solutions, but anyone can experience a workplace incident if hatches present dangers.

Some injuries workers often experience in a slip and fall include:

  • Broken bones
  • Spinal cord injuries
  • Brain injuries
  • Amputations

If you were hurt in a hatch accident, it's important to explore all of your legal options.

A Financial Recovery is Possible

Depending on the facts of your case, you may be able to make a financial recovery pursuant to one or more of the laws that protect maritime workers. Our legal team will investigate what happened to you and determine whether you have a claim under the Jones Act, the Longshore and Harbor Workers' Compensation Act, or a general maritime law.

Call Attorney Steven M. Lee, P.C., or start a live chat with us now. Your first consultation is free, and you'll get the information you need to make an informed decision about what to do next.

 



Hatch Accidents, Injuries, and Recoveries

Thursday, May 23, 2019

Commercial Fishermen: Could Your Job Cause Tendon and Muscle Injuries?

commercial fishermen injuriesCommercial fishermen have dangerous jobs, but the hazards aren't limited to unpredictable seas. The repetitive nature of commercial fishing and the awkward physical positions fishers work in put them at risk of suffering musculoskeletal injuries.

Commercial fishers often spend many of their working hours:

  • Throwing a net or line into the water
  • Pulling an often heavy, loaded net or line out of the water
  • Transferring fish from the net or line onto the boat to be processed
  • Transferring fish off of the boat

The consistent throwing, bending, and heavy lifting take a toll on a fisherman’s body. Additionally, these workers often live in cramped quarters onboard ships, and lack adequate space to stretch out and rest.

Diverse Injuries of Industrial Fishing

The repetitive nature and awkward positioning of fishers' significant physical demands can cause strain and injury in areas such as:

  • Back and shoulders
  • Elbows, wrists, and hands
  • Hips and knee

Over time, tendonitis, carpal tunnel syndrome, muscle spasms, and other musculoskeletal injuries develop. These injuries are frequently painful, and might prevent a fisherman from doing his job. Additionally, there's often a limited amount of time to secure the desire catch, so intense workloads and long shifts, combined with being out on the water for up to weeks make proper healing a challenge.

How a Maritime Injury Lawyer Can Help

If you can’t work because you were hurt doing your job at sea, then you may be able to recover damages. Maritime law may allow you to receive medical care and be compensated for your living expenses until you have reached the point of maximum medical improvement.

Maritime law is a unique area. Texas workers’ compensation laws don't typically apply. Instead, you may recover because of federal laws, such as the Jones Act, that are in place to protect you.

Understand your rights by contacting Attorney Steve Lee today. The law offices of Steven M. Lee, P.C., are ready to help you with the process. Use any of the numbers on this page to contact us, or start a Live Chat to schedule a free information session.  

 



Commercial Fishermen: Could Your Job Cause Tendon and Muscle Injuries?

When Mannequins Attack, and Other Clothing Store Injuries 

We’ve all been there, strolling Men’s Warehouse, shopping for a tuxedo, when a mannequin suddenly leaps of a display, knocking you to the ground, causing a concussion. But according to Melinda Scalzo’s lawsuit filed in Pennsylvania last week, this wasn’t some random attack.
This particular mannequin was overloaded with unwanted tuxedo jackets, and the store failed "to ensure that display mannequins were anchored to a base or other surface such that they could not fall over on top of customers." Now Scalzo and her husband are suing the store for unspecified damages.
Mannequin Mayhem
"She has endured and may continue to endure pain, suffering, inconvenience, embarrassment, mental anguish and emotional and psychological trauma," the lawsuit, naming Tailored Brands, Inc. and The Men’s Wearhouse, Inc. as defendants, claims. Weight from tuxedo jackets placed on a mannequin allegedly caused it to fall on her while she was shopping in April 2018, causing ongoing head and vision injuries.
The Pittsburgh Tribune-Review reports Scalzo "suffered a concussion, chronic post-traumatic migraine headaches, cognitive impairment, dizziness, sleep difficulty and other health issues resulting from the crash," according to court filings, and "needed surgery to repair her vision and the incident exacerbated mental health disorders." And her husband, Justin, is apparently a co-plaintiff, claiming loss of consortium with his wife. Men’s Wearhouse has yet to respond to the lawsuit.
Retail Risk
Any manner of injury, from your basic slip-and-fall, to your off the wall mannequin attack, can happen in a retail store. And retailers, large and small, can be held liable for injuries that occur on their premises. If you’ve suffered a shopping injury, you may be able to file a personal injury claims under premises liability laws, which require store owners to exercise reasonable care to ensure a store’s premises are reasonably safe from hidden dangers or hazardous conditions.
To prove a retail store is legally responsible for your injuries, you generally need to prove:

The store owner knew (or should have known) about a dangerous condition on their property;
The owner did not regularly inspect the store for dangers, or provide adequate maintenance;
That you wouldn’t have been injured if there was not a dangerous condition on the property;
There was a relation between the dangerous condition and your injury; and
That you suffered actual "damages" as a result of it.

Premises liability lawsuits can be complicated. For help with your injury claim, talk to an experienced personal injury attorney.

The post When Mannequins Attack, and Other Clothing Store Injuries  appeared first on Rutberg Breslow Personal Injury Law.



When Mannequins Attack, and Other Clothing Store Injuries 

NC AG: E-Cig Company Targeted Kids 

E-cigarettes and vape pens have been under fire for a while now. One reason for the concern are the injuries users have suffered due to exploding devices. Another reason for the concern is the questionable marketing strategies of these companies, which many believe target teenagers. In fact, the North Carolina Attorney has sued Juul for targeting youth.
Not the First and Probably Not the Last Lawsuit
This new lawsuit isn’t the first for Juul, and many other lawsuits also claim that the products are marketed and designed to be attractive to teens. This recent lawsuit, however, is the first one to be filed by a state attorney general.
The North Carolina Attorney General said that the company’s marketing targeting youth "while downplaying the potential harm its products can cause, resulted in an ‘epidemic’ of vaping among minors." The lawsuit is seeking civil penalties and requesting the North Carolina State Court to require Juul to limit the flavors that it sells in the state. It’s also requesting that Juul be required to delete data for customers under 18 years of age.
Given the intense scrutiny that Juul and other brands have been under, it’s probable that other states will follow in filing similar lawsuits — especially since the North Carolina Attorney General says he shared the information from his investigation with other states.
Additional Pressure from Federal, State, and Local Governments
These lawsuits aren’t the only issues that Juul and similar companies are facing. The federal government passed laws in August 2018 that make it a crime to sell or give out samples of e-cigarettes to people under 18 years old. Additionally, the Federal Drug Administration (FDA) announced that it will no longer allow convenience stores to sell flavored e-cigarette products.
Aside from the North Carolina Attorney General filing a lawsuit, other states have also taken actions to regulate vaping and e-cigarettes. Many states have included them in their smoking bans and regulations for public areas. Some cities have also become involved in trying to reduce the use of e-cigarettes among teens. For example, Los Angeles asked for an injunction against e-cigarette companies that market to minors on social media and sell their products without verifying the customer’s age.

The post NC AG: E-Cig Company Targeted Kids  appeared first on Rutberg Breslow Personal Injury Law.



NC AG: E-Cig Company Targeted Kids 

Wednesday, May 22, 2019

Five Dangers Grain Handling Workers Face at Work

Grain handling facilities are essential for bringing agricultural products from the fields to store shelves.

grain handling accidentsAccording to the Occupational Safety and Health Administration (OSHA), a grain handling facility, “may receive, handle, store, process, and ship bulk raw agricultural commodities such as (but not limited to) corn, wheat, oats, barley, sunflower seeds, and soybeans. Grain handling facilities include grain elevators, feed mills, flour mills, rice mills, dust pelletizing plants, dry corn mills, facilities with soybean flaking operations,
and facilities with dry grinding operations of soycake.”

Grain Handling is a High-Risk Industry

Workers in grain handling facilities are at risk of suffering serious or life-threatening injuries because of:

  • Fires and explosions. Grain dust may accumulate and make a fire or explosion more likely. In 2018, one person died and four people were hurt in grain dust explosions. The year before, five people died and 12 people were hurt. These hazards cause burn injuries, respiratory issues, and death.
  • Entrapment. Workers may be trapped in grain bins. They might slip into the grain and be deprived of oxygen. Suffocation is the leading cause of work-related deaths for grain storage bin workers.
  • Falls. Some people perform their work well above ground level and could fall. This might result in a broken bone, traumatic brain injury, spinal cord injury, internal injury, or fatality.
  • Equipment injuries. Grain handling requires heavy machinery. When something goes wrong, a worker could be crushed. These accidents cause broken bones, amputations, and death.
  • Airborne contaminants. Storage facilities occasionally have unsafe levels of dangerous gases and chemicals. A worker exposed to these toxins could suffer a heart or central nervous system injury, or develop cancer.

Employers must comply with OSHA standards for preventing these types of accidents. If they don't, they're often liable for compensating an injured worker for financial recovery.

The time to take action is now. You may be able to pursue a workers’ compensation claim or file a personal injury lawsuit. Attorney Steven M. Lee, P.C., offers a free initial consultation to review the details of your case. You'll also learn about your legal rights, and the potential for compensation. Start a live chat now to see how we can help you.

 



Five Dangers Grain Handling Workers Face at Work

3 Things to Know Before Your Kids Go to Summer Camp 

School’s out soon, which means kids will be on their way to summer camps in the coming weeks. Most of us have fond memories of camp, and they can provide an educational summer adventure for your kids. But that adventure doesn’t always come without risk, and maybe even the odd injury. There are things that parents can do, however, to make camp as safe as possible for their children.
Here are three things you can do before your kids go off to camp this summer.
1. Know the Camp
Unfortunately for parents, there is very little standardized oversight for summer camps, and what oversight there can vary by state. For instance, not all states require camps to be licensed, and 28 don’t require criminal background checks for camp employees. This means it’s up to parents to do their own research to ensure the camp is safe.
You should first make sure the camp is accredited, as the accreditation process requires camps to pass numbers health and safety tests. You should also inquire about the camp’s staff: how they hire, train, and review staff, how old are the counselors, and what is the counselor-to-camper ratio? Also, do they have medical or emergency-trained staff on site? And while much of this information can be gleaned online through camp websites and internet reviews, nothing beats an on-site interview with camp managers.
2. Know Your Child’s Limitations (and Make Sure the Camp Knows, Too)
Every camp is different and will involve different activities; some of which suit your child’s skills and abilities, and some of which may not. Obviously if your child is struggling to swim well, a lot of water time will be a serious risk. And if your child is still using training wheels, a mountain biking excursion will probably be too much.
Similarly, if your child has any medical conditions or issues — from asthma to allergies — make sure camp staff are well aware. You’ll also want to know that the camp has emergency protocols in place that address your child’s specific needs.
3. Know What to Do If Your Child Is Injured
As we said, you want to know that a camp can care for your child in case of an emergency. And you’ll also want to know what to do after an accident. Part of that is knowing who is responsible for summer camp injuries. The other part is talking to an experienced personal injury attorney about your legal options if your child is injured at summer camp.

The post 3 Things to Know Before Your Kids Go to Summer Camp  appeared first on Rutberg Breslow Personal Injury Law.



3 Things to Know Before Your Kids Go to Summer Camp 

Monday, May 20, 2019

5 More States Target Purdue Pharma, Sackler Family With Opioid Litigation 

There have been no shortage of entities filing lawsuits related to the ongoing opioid epidemic: the City of San Francisco, several counties in West Virginia, the States of Florida and Ohio, and even the Cherokee Nation. And now you can add Iowa, Kansas, Maryland, West Virginia, and Wisconsin to that list.
Those five states joined at least 39 others in litigation against Purdue Pharma, claiming the drug manufacturer illegally marketed and sold its opioids, escalating a nationwide epidemic of addiction, abuse, and overdoses.
Misleading Marketing
"Purdue’s marketing of OxyContin was like an octopus," according to the latest lawsuit. "It reaches into each different segment and level of the health care system and unfurled Purdue’s false, misleading and deceptive messages about the claimed safety and benefits of OxyContin." The suit claims the drug company engaged in unfair, deceptive, and unlawful practices in the marketing of OxyContin.
"Purdue Pharma is responsible for a public health crisis that has profoundly affected patients, their families, our communities, and our health care system," Iowa Attorney General Tom Miller said in a statement. "The company and its executives were recklessly indifferent to the impact of their actions, despite ever-mounting evidence that their deceptions were resulting in an epidemic of addiction and death."
The latest filing also names former Purdue president Richard Sackler and his family, while other opioid lawsuits target drug distributors such as AmerisourceBergen, Cardinal Health, and McKesson, and still others allege drug stores like Walmart, Walgreens, and CVS failed to monitor prescriptions from their stores.
Mixed Messages
Opioid litigation, thus far, has been met with some mixed results. Oklahoma, for instance, reached a $270 million settlement with Purdue Pharma and the Sackler family in March. But a North Dakota judge rejected that state’s argument that Purdue Pharma’s conduct created a public nuisance, instead ruling that the company "cannot control how doctors prescribe its products and it certainly cannot control how individual patients use and respond to its products, regardless of any warning or instruction Purdue may give."
If you or a loved one has been over-prescribed OxyContin or another opioid, and developed an addiction or suffered an overdose, talk to an experienced personal injury attorney about your legal options.

The post 5 More States Target Purdue Pharma, Sackler Family With Opioid Litigation  appeared first on Rutberg Breslow Personal Injury Law.



5 More States Target Purdue Pharma, Sackler Family With Opioid Litigation 

Tesla Autopilot Kills Again? 

Tesla’s autopilot feature may be the stuff of science-fiction fantasy, but it?s turning out to look more like one of those dystopian stories where the robots rise up and take control. After all, there have been more than a few autopilot-related fatalities since the feature was released.
It was recently discovered that in the fatal Tesla accident in Florida this past March, that not only was the driver speeding, the autopilot feature was engaged when the vehicle crashed into a semi-truck trailer, ripping the roof right off the car and killing the driver. And while Tesla maintains that the autopilot feature is safe so long as there is an attentive driver still behind (and holding) the wheel, this, and other autopilot crashes, have raised some serious questions for the eclectic electric automaker. Shockingly, in the Florida fatality, the driver reportedly had only taken his hands off the wheel for eight seconds.
Autopilots Don’t Need Maps
Apparently, according to one commentator, a significant issue with Tesla’s autopilot is the fact that it does not rely on detailed maps. Instead, the car creates its own details while driving using a multitude of sensors. Other companies exploring autonomous driving seem to disagree with this concept, and are opting to use both sensors and detailed maps.
Basically, it’s suggested that if the data from those sensors was used in conjunction with data from detailed maps, some of these Tesla autopilot crashes could have been avoided. There have been two crashes where Tesla vehicles auto-piloted underneath semi-truck trailers, which could have been avoided, potentially, if the vehicle was able to cross-reference a map to see that the trailers were obstacles that shouldn’t be there, and not something like an overpasses.
Autopilot at Your Own Risk
With all the new automotive technology waiting right around the corner, it’s clear that people who want to use features like autopilot, shouldn’t put blind trust into the early versions of the tech. Being an early adopter of a technology that can kill or injure you and others means being extra-aware of the risks. This also means that the person who engages autopilot is still liable for any damages and injuries caused by an accident their vehicle causes. Tesla also is looking at liability, potentially, as well, as these recent cases are likely to spawn wrongful death lawsuits against the company.

The post Tesla Autopilot Kills Again?  appeared first on Rutberg Breslow Personal Injury Law.



Tesla Autopilot Kills Again? 

What are my legal options if I was hurt in a hazardous energy workplace accident?

Machinists perform a lot of necessary work in and around Houston, and the people who service their equipment are essential. However, repairing or servicing a machine is dangerous work. If the power is turned on unexpectedly, the results could be catastrophic.

You might need a lawyer to help you get proper compensation for your medical expenses, lost wages, and other financial damages.

Hazardous Energy Injuries

When the machine is turned back on, you could be exposed to electrical, mechanical, thermal, chemical, hydraulic, or pneumatic energy. Severe injuries include:

  • Electrocution
  • Broken bones
  • Burns
  • Nerve damage
  • Internal organ damage
  • Brain injuries

In the most severe cases, exposure to hazardous energy could result in permanent disabilities or death.

Employers have a responsibility to prevent these injuries by using appropriate lockout or tagout procedures that prevent the energy from being turned back on for a specific machine while a person is still working on it.

How an Attorney Can Help You

Unfortunately, the proper lockout or tagout procedures aren't always implemented in the workplace. Even if they do exist, some employees neglect to follow them, and accidents happen.

If you were hurt at work, you deserve to make a fair recovery for your injuries. This might come from workers’ compensation benefits. Employees who file successful workers’ comp claims may have their healthcare costs paid and recover a portion of their lost income.

If your company doesn't have workers’ compensation insurance, you could file a lawsuit against it. To recover damages, you'll need to prove it was negligent and you were hurt as a result. Potential liability includes:

  • Failure to develop lockout or tagout procedures.
  • Neglect to train staff on those procedures.
  • Failure to use reasonable care to ensure employee safety.

A skilled workers' compensation attorney will investigate any company liability. He'll also determine if you might be able to recover compensation for all of your past and future medical expenses, lost income, out of pocket costs, physical pain, and emotional suffering.

Whether you have a workers’ comp claim or a personal injury lawsuit, it's important to do everything you can to protect your rights. Call us today, or fill out the online contact form on this page to learn more about how the legal team of Steven M. Lee, P.C., can help you recover.

 



What are my legal options if I was hurt in a hazardous energy workplace accident?

Sunday, May 19, 2019

What are lockout and tagout procedures?

Machines and equipment must be serviced periodically. When they're fueled by electrical, chemical, thermal, hydraulic, mechanical, or another other form of hazardous energy, then there are significant safety risks for workers.

Federal regulations provide specific guidelines that must be followed when working with hazardous energy to prevent electrocution and other injuries.

Lockout/Tagout Procedures

Multiple people often work on the same job site, and communication is critical for everyone’s safety. You may have turned off the machine you're working on, but think about what could happen if someone else were to turn it back on before you were done.

Lockout and tagout procedures are meant to provide this type of miscommunication that leads to serious and fatal injuries. Specifically:

  • Lockout procedures hold a machine in a safe or off position. If possible, only the person who's working on the machine should have the ability to unlock it. This prevents other people from accidentally turning on its power source.
  • Tagout procedures a secondary safety measure if a machine can't be locked. Distinctive warning tags are placed at the on switch or energy source so that other people know not to turn on the power.

Your employer should follow mandated lockout procedures whenever possible, and tagout procedures when certain equipment or machines can't be locked for service. Additionally, you should expect your employer to supply the proper equipment and conduct thorough training to ensure everyone can implement lockout or tagout procedures.

Failure to Follow Lockout/Tagout Procedures is Common

Each year, the Occupational Safety and Health Administration identifies its ten most serious violations. In 2018, the failure to follow lockout/tagout procedures was fifth on this list—with 2,384 violations identified.

If you're hurt or your loved one is killed while working on a piece of machinery, then it's important to understand your rights. You deserve to recover from this significant harm. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



What are lockout and tagout procedures?

Friday, May 17, 2019

Single Racial Slur Not Enough to Prove Emotional Distress 

A recent Pennsylvania Supreme Court decision may leave quite a few people wondering just how in the world it is possible that a Domino’s Pizza employee calling a customer the n-word doesn’t lead to civil liability in court.
The case involved a customer of Domino’s Pizza who received his pizza pie only to discover that it was burnt. He drove the pizza back to the store so that the pizza makers could make it right. When the employee refused to provide a refund or discount, the customer and the employee got into an argument, and the employee called the customer the n-word. The customer was rightfully offended by the employee’s extreme conduct, and filed a lawsuit alleging intentional infliction of emotional distress, which is a cause of action in many personal injury lawsuits.  
Not Distressing Enough in PA
Although the Pennsylvania courts did recognize that the term is highly offensive, and that the employee was wrong for using it, the court also explained that a single utterance, or the use of insults, during a verbal fight, does not rise to the level of legal liability for intentional infliction of emotional distress. That claim requires one person to act in a way that is extreme and outrageous, and for that action to cause another person severe emotional distress. And although some states may have other laws that could apply, this type of claim, often called IIED, is more common than you might expect.
The court rejected the customer’s argument that the established precedent that was relied upon to dismiss his case was outdated. Although the court recognized that over the last few decades the n-word has taken on even stronger pejorative connotations and is now considered hate speech rather than an insult, it explained that only the state’s Supreme Court, or the state legislator, could change it and the precedent was clear.
Unfortunately for the plaintiff, the state Supreme Court rejected his appeal, leaving only the U.S. Supreme Court, which only takes a small number of cases each year, as his final chance for an appeal. No statement has been issued as to whether a SCOTUS appeal is planned.
If you have suffered severe emotional distress due to the intentional actions of another person, talk to a personal injury lawyer to find out what your options might be.

The post Single Racial Slur Not Enough to Prove Emotional Distress  appeared first on Rutberg Breslow Personal Injury Law.



Single Racial Slur Not Enough to Prove Emotional Distress 

Thursday, May 16, 2019

Underground Construction Workers Face Injury Risks

undergraound construction accidentsWithout your underground construction work, many important construction projects wouldn't be possible. This includes trenches, tunnels, or chambers you sink into to lay pipes, connect wires, or other necessary construction.

You face many of the same risks that your coworkers encounter above ground.

For example, you could be hurt in a slip and fall accident, or by a piece of construction equipment. Data from the Occupational Safety and Health Administration (OSHA) indicates work underground also presents other dangers, such as:

  • Cave-ins. If the roof or walls of your sub-surface work site collapse, you could be trapped.
  • Oxygen deprivation. The ventilation may be poor, or there might not be enough oxygen in below-ground level areas at all.
  • Noxious gases. OSHA reports "potentially gassy and gassy" environments threaten air quality, and pose a fire hazard.
  • Fires and explosions. While fires and explosions can happen anywhere, they're particularly dangerous underground, where it may be difficult or impossible to evacuate quickly.
  • Drowning. A broken pipe or water source can quickly overwhelm a confined sub-level space.
  • Noise exposure. It can be difficult to regulate and prevent exposure to loud machines in confined areas.

Your potential injuries depend on the type of accident that occurs, but often include:

  • Breathing problems
  • Burns
  • Broken bones
  • Internal injuries
  • Hearing loss
  • Death

If you suffered one of these injuries, or your loved one died in an underground construction accident, it's time to act.

What to Do After an Underground Construction Injury

After you're rescued and receive medical attention, it's time to contact an experienced construction accident attorney. Attorney Steven M. Lee, P.C., would be pleased to offer a free consultation to review the details of your case. You'll also learn about your legal rights, and the potential for financial compensation. Start a live chat now to see how we can help you.

 



Underground Construction Workers Face Injury Risks

Wednesday, May 15, 2019

OSHA Reports After a Severe Construction Accident

Construction employers must notify the Occupational Safety and Health Administration (OSHA) within eight hours of a fatal accident. They must contact OSHA within 24 hours of an incident that results in someone being hospitalized, suffering an amputation, or losing an eye.

This report should include basic information about what happened, such as the:

  • Business name
  • Name of the person(s) hurt
  • Time, location, and a brief description of the incident
  • Contact person’s name and telephone number

Reports are submitted online, by calling OSHA’s 24-hour hotline, or by visiting the closest OSHA office.

What Does OSHA Do Next?

Once a report of a fatality or serious injury is made, OSHA may:

  • Require the employer to investigate what happened and propose corrective action to prevent future injuries. Follow-through on the corrective action could be verified by documentation or photos.
  • Conduct its own investigation and issue a report. The report might include information about all serious violations found on the job site.

OSHA’s goal is to correct workplace hazards and prevent future injuries.

Our Goal Is to Protect Your Fair Recovery

You should be able to get a copy of the OSHA accident report online, or by requesting a copy directly from the agency. You might find the report’s content interesting, and it could contain basic information that's relevant to your claim. However, the purpose of the report isn't to support your workers’ compensation claim or third-party lawsuit.

Instead, you'll need to take action to protect your legal rights after a construction accident. You may need to file a workers’ compensation claim or a lawsuit to recover to medical care expenses and lost income. This can be difficult to do alone, and a mistake could be costly.

Instead, choose to work with an experienced Houston area construction accident lawyer who will fight hard to protect your financial future. Please contact the law firm of Steven M. Lee, P.C., today for a free and confidential consultation.

 



OSHA Reports After a Severe Construction Accident

How to Identify Nursing Home Injuries, and What You Can Do About Them 

If our elderly loved ones can’t be in their own home, or ours, we want to know that they are safe and well taken care of. But that isn’t always so simple if we live far away or can’t visit as often as we like. And, for many reasons, nursing home residents can be reluctant to report negligence or abuse. So, what are some common nursing home injuries or signs of neglect, how can you identify mistreatment, and what can you do if a loved one has been injured in a nursing home or hospice care facility?
Here’s what you need to know:
1. Is a Nursing Home Neglecting Your Loved One? Here’s How to Tell
Physical signs of injury are only one indicator of elder neglect or abuse, and they may not be immediately obvious to friends or family members. You may also want to watch out for weight loss or dehydration, unclean clothing or living areas, anxiety or fearfulness of caregivers, depression, withdrawal, or unwillingness to talk, among other unusual behavior.
2. Nursing Home Slip and Fall: Can You Sue for Negligence?
It’s one of the most common causes of injury for elderly people, even outside of nursing homes. So you would think elder care facilities would be especially careful. Does that make them more liable for slip-and-fall accidents on their premises? Possibly — many states place a heightened duty of care on nursing homes when it comes to protecting their residents from injury and ensuring their premises are safe.
3. When to Sue a Nursing Home for Bedsores
Bedsores are also a common nursing home injury, and can be a clear sign of neglect. While minor (or Stage I) bedsores may only be a mild irritant that can heal without much difficulty, a more severe pressure sore is likely to be considered malpractice or negligent care, especially if a patient is immobile.
4. Traumatic Facial Injuries Common in Nursing Home Residents, Study Finds
A recent study found more than 100,000 facial injuries in nursing home settings in just 5 years, citing structural elements and transfers to and from bed facilitating the greatest number of falls. Older women were especially vulnerable, and sustaining a greater proportion of injuries as they got older. Lacerations and other soft-tissue injuries were the most common injuries listed, and fractures occurred in over 12 percent of the examined cases.
5. Nursing Home Injuries: Considering a Lawsuit?
If you’ve identified that a loved one is being abused or neglected in a nursing home, what can you do about it? While you may be able to file a civil suit for negligence or medical malpractice, some states also have criminal statutes that may apply as well.
Contact a local nursing home abuse attorney to discuss your legal options.

The post How to Identify Nursing Home Injuries, and What You Can Do About Them  appeared first on Rutberg Breslow Personal Injury Law.



How to Identify Nursing Home Injuries, and What You Can Do About Them 

Tuesday, May 14, 2019

Jury Awards California Couple $2B for Cancer Caused by Roundup Weed Killer 

Scientists can’t seem to agree on glyphosate. The popular weed-killer ingredient was deemed "probably carcinogenic" by the World Health Organization in 2015, but the EPA in 2017 said it was "not likely to be carcinogenic to humans." And then a new study suggests people exposed to large doses of the chemical have a heightened risk for non-Hodgkin lymphoma.
But while scientists may not be able to say that glyphosate definitively causes cancer, juries have been happy too. An Alameda County, California jury became the third to rule against Roundup weed killer manufacturer Monsanto in a cancer lawsuit, this time to the tune of $2 billion in damages.
Damage and Damages
Normally, such a huge verdict would be reserved for a class action lawsuit covering many plaintiffs. But in this case, it was just one couple: Alva and Alberta Pilliod were awarded $1 billion each in punitive damages for claims they developed non-Hodgkin lymphoma after using Roundup for more than 30 years to landscape their home and other properties. The jury also hit Monsanto with an additional $55 million in collective compensatory damages.
In March, San Francisco jurors in a federal lawsuit ruled that Roundup was a substantial factor in causing Edwin Hardeman’s non-Hodgkin lymphoma, and awarded him $80 million. And in August of last year, another San Francisco jury awarded $289 million to a fourth plaintiff, but judge later reduced the payout to $78 million on appeal. Monsanto was acquired by Bayer last year, mere months before the first Roundup verdict.
"Bayer is disappointed with the jury’s decision and will appeal the verdict in this case, which conflicts directly with the U.S. Environmental Protection Agency’s interim registration review decision released just last month, the consensus among leading health regulators worldwide that glyphosate-based products can be used safely and that glyphosate is not carcinogenic, and the 40 years of extensive scientific research on which their favorable conclusions are based," the company asserted.
Science Roundup
As we noted above, studies are somewhat split on Roundup’s safety. Two of the expert witnesses who testified in Hardeman’s case cited the latest study linking glyphosate and non-Hodgkin lymphoma. According to the study’s author, Rachel Shaffer, people who are highly exposed to glyphosate are 41 percent more likely to contract NHL than the overall population. Determining that the chemical is to blame for someone’s cancer is often only the first phase of a trial — juries must also decide how liable the manufacturer will be. Bayer continues to claim "glyphosate-based herbicides do not cause cancer." Lawyers for many plaintiffs, on the other hand, claim they have evidence that Monsanto attempted to manipulate public opinion and science to minimize Roundup’s health risks.
Legal Steps
These are far from the only lawsuit claiming Roundup causes cancer. Some 11,000 Roundup suits are pending in American courtrooms, around 760 of which are in front of the same judge as Hardeman’s. His is considered a "bellwether" trial which could impact how those other cases proceed, although Bayer contends the jury finding "has no impact on future cases and trials because each one has its own factual and legal circumstances."
Product liability cases can be complex, especially those that attempt to link products to cancer diagnoses. If you think a particular product is responsible for your cancer, talk to an experienced personal injury attorney about your legal options.

The post Jury Awards California Couple $2B for Cancer Caused by Roundup Weed Killer  appeared first on Rutberg Breslow Personal Injury Law.



Jury Awards California Couple $2B for Cancer Caused by Roundup Weed Killer 

33-Foot Twin Trailers Pros and Cons

Due to the rapid growth of e-commerce, the logistics of freight delivery are continuously evolving. One proposal intended to help trucking companies cope with these changes involves allowing twin 33-foot trailers to populate America's highways.

Larger Trailer Advantages

Less-than-truckload freight carriers, including FedEx, UPS, and Amazon, claim that allowing twin 33-foot trailers will increase safety by:

  • Removing trucks from the road. Upgrading from the current twin 28-foot trailers to 33-foot units would allow an extra five feet of space in each trailer. This change permits carriers to fit more of their cargo into each trailer, reducing the number of trucks needed to haul cargo. While these trucks would weigh more on average, they still wouldn’t exceed the current limit. According to industry leaders, permitting twin 33-foot trailers on interstate highways would lead to 6.6 million fewer trips and 1.3 billion fewer miles traveled.
  • Improved stability. Due to their longer wheelbase, 33-foot twin trailer configurations are inherently more stable in heavy wind than twin 28-foot trailers. This added stability makes them safer in both straight line driving and while cornering.

Larger Trailer Drawbacks

While an extra five feet per trailer might not sound like much, this adds more than a full passenger car length to commercial vehicles that are already huge. Safety concerns related to larger trucks include:

  • Longer stopping distances. The distance required to stop a truck depends on inertia, which is determined by the vehicle’s total weight and speed. According to estimates from the U.S. Department of Transportation, twin 33-foot trucks require an extra 22 feet to stop than twin 28-foot trailer trucks do.
  • Larger road presence. Motorists in smaller vehicles may find longer trucks even more intimidating to pass, and these extended trailers would swing out four feet wider than current trailers do.

All Trucks are Dangerous

Regardless of length, all commercial trucks are capable of causing serious injuries in the event of a collision. If you were hurt due to a truck accident, you need an experienced attorney to help you receive the compensation you deserve.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

 



33-Foot Twin Trailers Pros and Cons

Monday, May 13, 2019

I'm disappointed with my attorney. Can I hire another lawyer?

During the hectic aftermath of a vehicle collision, accident victims sometimes make the mistake of hiring the wrong attorney.
 

When injured individuals lose confidence in their legal representation, they typically have the right to replace their lawyers at any time.

When to Replace an Attorney

Hiring the right attorney is critical to the success of any vehicle accident case. Consulting another lawyer makes sense when there is:

  • Poor communication. Personal injury attorneys should engage with their clients frequently, and a lawyer’s failure to return phone calls is one of the most common client complaints. An attorney’s lack of communication may be due to taking on too many cases, being understaffed, or incompetence. When a lawyer establishes a pattern of failing to return phone calls and emails, these are usually signs that it’s time to find another attorney.
  • Conflicting personalities. Some attorneys are warm and friendly. Others are not, though they may be efficient and competent. If having a warm relationship matters to a client, and if they don’t feel comfortable with their current representation, there might be a need to change attorneys.
  • Lack of trust. If a client starts to question an attorney’s ethics or judgment, or feels he or she can no longer be trusted, it’s time to secure alternative representation.

Replacing an Attorney

It’s very easy to replace your attorney. Simply send a fax or an email, letting them know their services are no longer needed. Then, call their office to confirm receipt of your written notice. Be sure to also notify the insurance company handling the case in writing that you're no longer represented by the attorney. Provided that you have a viable injury case, your new attorney will likely be agreeable and honor your original fee agreement.

If you feel your current representation is inadequate, don’t settle for less than you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



I'm disappointed with my attorney. Can I hire another lawyer?

Sunday, May 12, 2019

Truck Accidents Due to the Use of Medical Marijuana

truck driver regulations for medical marijuanaEven under the best of circumstances, operating an 80,000 pound vehicle on public roadways is rather dangerous. However, when truckers are driving under the influence of marijuana, collision risks increase significantly.

While marijuana use is legal in many states, the federal regulations prohibiting commercial truck drivers across the nation from driving under the influence remain intact.

Marijuana Legalization

Marijuana advocates are extremely successful in their efforts to convince states to legalize cannabis use. While marijuana is still illegal in Texas, 13 states decriminalized possession, and nine states legalized recreational use of the drug. Plus, 31 states and the District of Columbia already enacted medical marijuana laws.

According to the Insurance Institute for Highway Safety (IIHS), collisions have increased by as much as 6 percent in the first states to legalize recreational marijuana use.

U. S. Department of Transportation Regulations

While the prevalence of marijuana legalization continues to grow, these changes are unlikely to prompt the U. S. Department of Transportation (DOT) to alter their regulated drug testing program. Marijuana is still listed in Schedule I of the Controlled Substances Act, and the DOT doesn’t allow the use or transportation of Schedule I drugs.

Furthermore, DOT regulations don’t permit transportation workers who test positive for marijuana to cite medical conditions as justification for their drug test results. Even if a truck driver resides in a state that legalized medical marijuana; and even if the trucker’s physician recommended use of the drug, a positive test will still subject the driver to the penalties applicable to this offense.

You Need an Attorney

If you’ve suffered injuries in a commercial truck accident due to a trucker’s marijuana use, you need an experienced attorney to help you establish proof of the driver’s negligence.

You may be entitled to collect damages for your lost wages, medical bills, and pain and suffering. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

 



Truck Accidents Due to the Use of Medical Marijuana

Friday, May 10, 2019

JUUL E-Cigarette Maker Facing Lawsuits for Teen Addiction 

While e-cigarettes and vaping have certainly grown from a fad into a trend, the popularity has resulted in many teens wanting to get in on what they’re being told they’re too young for.
However, as a few recent lawsuits against the most popular e-cigarette manufacturer JUUL claim, the products are designed to be attractive to teens, in order to addict a new generation of smokers, or vapers. One lawsuit out of Florida claims that a 14-year old got addicted to JUUL products, and as a result, started having seizures again (she had previously had seizures related to a medical condition, but had not had one for years prior to becoming addicted).
Big Electric-Tobacco
It is no secret that Altria, one of the biggest cigarette makers in the world, is seeking to invest nearly $13 billion into JUUL and acquire a major stake in the company. Curiously (or perhaps not), the recent lawsuits against JUUL have been described as being similar to the early lawsuits filed against the big tobacco companies. Notably, the lawyers claim the lawsuits aren’t similar, but rather that the companies engaged in similar conduct.
The major allegations of the lawsuits against JUUL stem from the companies marketing, packaging, and flavors, which it is claimed, are designed to be attractive to teens. The Florida lawsuit even shows side by side images of cigarette and JUUL ads using similar designs. Shockingly, despite teen smoking having been on the decline, teen vaping has been steadily rising. Like the young teen in the Florida lawsuit, many teens start vaping before they realize how addictive nicotine can be, or that they are even vaping nicotine at all.
A New Generation of New Smokers
The fact is that teens have taken up vaping to the point where it is being declared an epidemic. For parents, one of the big problems is that vaping, especially with products like JUUL, can be done rather secretly, as the devices are small and the odor does not linger. And though it is illegal to sell these products to minors, and some places have even banned sales entirely of flavored vaping liquid, the more attractive the products are to teens, the more likely it is that the teens will find ways to get their hands on them.

The post JUUL E-Cigarette Maker Facing Lawsuits for Teen Addiction  appeared first on Rutberg Breslow Personal Injury Law.



JUUL E-Cigarette Maker Facing Lawsuits for Teen Addiction 

Wednesday, May 8, 2019

Trucking Company DUI Accidents

Trucking companies are required to comply with federal drug and alcohol regulations, including Department of Transportation (DOT) supervisor training. Under federal law, trucking companies must immediately remove drivers from service when they test positive for drugs or alcohol, refuse to be tested, or violate DOT drug and alcohol rules.

DOT Drug and Alcohol Supervisor Training

Under 49 CFR 382.603, commercial motor vehicle drivers must receive 60 minutes of training on the symptoms of alcohol abuse, and another 60 minutes of training on controlled substance symptoms. This training is intended to help supervisors determine when a driver is using alcohol or drugs, supporting referral of the driver for testing.

Anyone who's considered a safety-sensitive employee under DOT regulations is subject to drug and alcohol testing, and this includes all commercial drivers' license holders who operate commercial vehicles. Supervisors must refer a driver for alcohol or drug testing when they suspect a driver has:

  • Used alcohol or illicit drugs while they were assigned to perform, or actually performing, safety-sensitive functions.
  • Reported for service or remained on duty when they had a blood alcohol concentration of .04 or above.
  • Consumed alcohol within four hours of reporting for service.
  • Used a controlled substance not prescribed by an authorized medical practitioner.
  • Refused to submit to any test for alcohol or controlled substances.
  • Refused to submit to any test by adulterating or substituting their specimen.

Trucking Company Negligence

If you were injured due to a collision with an intoxicated truck driver, an experienced truck accident attorney can help you receive the compensation you deserve. Your lawyer will investigate to determine if the trucking company is guilty of negligence due to improper drug and alcohol testing procedures. If so, you may be entitled to collect damages for your medical bills, loss of income, and pain and suffering.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

 



Trucking Company DUI Accidents

PG and E Floats Emergency Fund for Wildfire Victims 

Though it might sound like karmic justice for the utility company blamed for massive California wildfires to be declaring bankruptcy, the victims who lost their homes and livelihoods are still waiting for compensation so they can start over.
Recently, PG&E asked the court to approve a $105 million fund for those victims in need of urgent assistance. In the recent Paradise fire, 80 percent of the population was displaced, and victims from prior fires are still waiting to be compensated for their lost property.
Wildfire Liability
Currently, in California, utility companies can be held liable when their equipment causes a wildfire, and while there may be legislative changes on the horizon, current fire victims who know PG&E is to blame have been frustrated by the company?s bankruptcy.
When an individual or company files for bankruptcy, they get a bit of temporary relief from being sued, and may, in the end, be able to reduce or discharge some debts. But that temporary relief from lawsuits, called an automatic stay, means that current victims have to wait longer before they can sue, and for their claims to get paid. The currently proposed fund for victims in need of emergency assistance is hoped to bridge the gap while the bankruptcy proceedings unfold. Significantly, that $105 million isn?t likely to go very far as the total damages are estimated at roughly $13 billion.�
State Changes
Lawmakers in California are considering some moves to help ease the burden on utility companies facing massive wildfire liability. One of the proposed measures would establish a state wildfire insurance fund that would hopefully lessen the financial burden of covering all the losses. Additionally, it has been proposed the law ease the strict liability standard for utility companies when they are not negligent, or when their equipment isn?t actually to blame.
Unfortunately, for the victims who have promised compensation then made to wait, no solution can come soon enough.

The post PG and E Floats Emergency Fund for Wildfire Victims  appeared first on Rutberg Breslow Personal Injury Law.



PG and E Floats Emergency Fund for Wildfire Victims 

FMCSA Proposed Changes to the Hours of Service Regulations

In 2018, the Federal Motor Carrier Safety Administration (FMCSA) proposed new changes to the current hours of service regulations.

Modifications to the Hours of Service Rules

The FMCSA wants revisions to four key aspects of the hours of service regulations:

  • The air mile exemption. Trucking companies that operate primarily in a local area are permitted to utilize an air mile exemption, so their truckers aren't required to report their driving time or use an electronic logging device. The air mile exemption applies to drivers who operate within 100 air miles, go off-duty within 12 hours, report to the same work location daily, and have at least 10 consecutive hours off. Under the proposed changes, this exemption would be expanded from 12 hours on-duty to 14 hours on-duty.
  • The on-duty limitation. Under current regulations, truckers aren't permitted to drive after having been on duty for 14 hours. The FMCSA proposed extending this limitation by up to two hours when a trucker is faced with adverse driving conditions, such as snow, ice, or fog.
  • The 30-minute break. Currently, truck drivers are required to rest for at least 30 minutes after eight hours of continuous driving. The FMCSA is considering possible alternatives to this requirement.
  • The sleeper berth option. Operators of trucks with sleeper berths are permitted to split their required off-duty breaks of 10 consecutive hours into two shifts. One of these shifts must be between two and eight hours, and it may be spent in the sleeper berth, off-duty, or some combination of the two. The other shift must be between eight and 10 hours, and spent entirely in the sleeper. The FMCSA proposed a pilot program to give drivers greater flexibility in the length of these sleeper berth periods.

Receiving Compensation

Unfortunately, relaxed trucking regulations may lead to more drowsy truckers on the road, increasing the risk of serious collisions. If you were injured due to a truck accident, you need representation by an experienced truck accident attorney to help you receive the compensation you deserve.

To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



FMCSA Proposed Changes to the Hours of Service Regulations

What in the World Is ‘Weaponized Defamation’? 

While you may be familiar with regular defamation, you may have heard the phrase "weaponized defamation" and wondered just what in the world that means.
Simply put, weaponized defamation isn’t a real thing under the law, but rather a phrase that people use to describe intentional defamatory statements designed to take someone or something out. The example making recent headlines involves the former West Virginia republican candidate Don Blankenship, who is claiming that Donald Trump Jr. engaged in a campaign of ?weaponized defamation? to get him knocked out of the primaries.�
Wait ? So What is Weaponized Defamation?
The way Blankenship’s case against Trump Jr. explains it, alleging weaponized defamation amounts to a combination of a conspiracy claim and a defamation claim. The actual lawsuit starts like this:
"The mainstream media and much of the political establishment today routinely, and with actual malice, sets out to destroy public figures with outright lies."
In the world of defamation law, the phrase ?actual malice? is significant, because for a public figure to prove a defamation claim, not only must they prove that the person making the defamatory statement did so without regard for the truth, they also must prove that the person made the statement with "actual malice," which is a loaded legal term that basically means with an intent to harm.
Supreme Tip Off
Interestingly, the lawsuit cites to a recent Supreme Court opinion written by Justice Clarence Thomas that advocates for taking another look at the big Supreme Court case that has defined defamation law for the past 50-plus years. However, the subject of how fake news and weaponized defamation impact not just the legal system, but also American culture, have been hot issues recently, and have even attracted some of the nation’s leading constitutional scholars to the discussion. Most notably, the problem that most scholars agree is central to the new era of defamation claims is that the internet has changed how communications and media work entirely.
And defamation law may be lagging behind.

The post What in the World Is ‘Weaponized Defamation’?  appeared first on Rutberg Breslow Personal Injury Law.



What in the World Is ‘Weaponized Defamation’? 

Top 3 Legal Concerns for Children With Food Allergies 

May is Food Allergy Action Month, although for parents whose children have serious food allergies, that’s pretty much every month. (That’s also true for Food Allergy Awareness Week next week.)
While daycare centers and schools have gotten better about monitoring food ingredients and intake, and food producers have gotten better about labeling ingredients, it can still be scary raising a child with serious food allergies. So here are three of the biggest legal food allergy concerns parents face, and how to best deal with them.
1. Child Nut Allergies: 3 Legal Tips for Parents
One of the most common food allergies among children is to peanuts and other nuts. The percentage of children suffering from peanut allergies in the United States more than tripled from 1997 to 2010, and, thankfully, more parents and schools are aware of the risk than ever. Make sure your kid’s school knows about the allergy, and has a plan in place; make sure you’re familiar with the school’s allergy management policy; and make sure your child has an EpiPen and knows how to use it, and their friends know as well.
2. Can I Sue for Injury Due to an Allergic Reaction?
The Food Allergen and Consumer Protection Act of 2004 requires food, cosmetics, and other manufacturers to clearly label whether their product contains "a major food allergen." And restaurants as well are on notice to include all ingredients contained in their dishes, and warn customers of potential allergens. If they fail to do so, they could be legally liable for an allergic reaction.
3. Food Allergy Settlement Cites Disabilities Act
Do schools need to accommodate students with severe food allergies? According to one college’s settlement with the Department of Justice, yes. The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities, the definition of disability was broadened in 2008 to include new groups like people with food allergies. So certain organizations like schools are required to make reasonable accommodations for people with severe food allergies, such as offering allergen- and gluten-free food and special meal plans for students who have food allergies.
Parents, legal guardians, and caregivers should always have a food allergy and anaphylaxis care plan in place and ready in case of emergencies. You may also want to talk to an experienced personal injury attorney about your legal options.

The post Top 3 Legal Concerns for Children With Food Allergies  appeared first on Rutberg Breslow Personal Injury Law.



Top 3 Legal Concerns for Children With Food Allergies 

Monday, May 6, 2019

Who's considered a parent when there's a wrongful death case involving the loss of a child?

When a child dies due to someone’s misconduct or negligence in Texas, surviving members of his or her family may pursue a wrongful death claim against the responsible party.

While no amount of money can ever truly compensate a parent for the loss of a child, a favorable wrongful death settlement has helped numerous Texas families heal after a tragedy.

The Wrongful Death Act

Wrongful death claims in Texas are governed by the Texas Wrongful Death Act, which permits parents to file these lawsuits for damages resulting from the loss of their children.

To support a wrongful death claim, the parent of a deceased child must prove that a defendant’s negligence caused the victim’s death. Furthermore, it's also necessary to prove the wrongful death has caused demonstrable harm to the child’s parent.

Unfortunately, stepparents, grandparents, and foster parents cannot bring forth a wrongful death action, even if they were the child’s sole guardian. Individuals who do have the right to pursue a lawsuit on behalf of their child include:

  • Adoptive parents. A parent who loses a legally-adopted child may file a wrongful death lawsuit under Texas law.
  • Divorced parents. A divorced parent can pursue a claim for the wrongful death of their child. If the divorced couple had joint legal custody of the child, one parent is typically given the right to file a claim.
  • Unmarried parents. An unmarried parent can bring a wrongful death claim on behalf of a deceased child, and the custodial parent will typically pursue the wrongful death lawsuit.

You Need an Attorney

Under Texas law, surviving family members may be entitled to recover compensation for final medical bills, funeral expenses, pain and suffering, and loss of companionship.

If you’ve lost a child in a tragic accident, you need an experienced wrongful death attorney to help secure the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

 



Who's considered a parent when there's a wrongful death case involving the loss of a child?

Sunday, May 5, 2019

Injuries Sustained in a Collision With a School Bus

school bus accident injury lawsuitsSchool buses transport over one million Texas students daily. While these vehicles are generally safe, mistakes made by the driver and the school district can lead to devastating accidents.

The size and weight of school buses make them difficult to slow down and stop, and bus collisions can seriously injure the occupants
of other vehicles.

While car accidents are far more common, school bus collisions are much deadlier. According to the National Safety Council, school bus collisions killed 95 people nationwide during 2017.

School Bus Accident Causes

There are several parties that may be responsible for a school bus collision, including the driver, the bus company, the school district, the bus mechanic, and vehicle and parts manufacturers. Accidents may occur due to a lack of proper maintenance, defective parts, or:

  • Lack of driver training.
  • Overloaded buses.
  • Driving under the influence of drugs or alcohol.
  • Fatigued driving.
  • Unlicensed drivers.
  • Aggressive or distracted driving.

School Bus Accident Injuries

Since school buses are such massive vehicles that dwarf most passenger cars, the combination of their mass and momentum can cause severe injuries. If you were hurt in a collision with a school bus, you should protect your health by seeking medical attention immediately. Bus accident victims may suffer serious injuries, including:

  • Neck and spinal injuries
  • Lacerations and abrasions
  • Head and brain injuries
  • Amputations
  • Internal injuries
  • Broken bones, sprains, and strains

School Bus Accident Compensation

Once a doctor diagnoses and treats your injuries, consult a vehicle accident attorney for help securing the compensation you need for medical bills, lost wages, and pain and suffering. An attorney’s expertise is essential, since there are important differences between school bus accidents and other vehicle collisions. These incidents are often complicated, since there may be several victims, and multiple parties can be held responsible for the damage caused.

To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 

 



Injuries Sustained in a Collision With a School Bus