Personal Injury Blog Archive

It's time to stop driving distracted!

By Pearson on April 17, 2013 9:43 AM

Most people don't know that "distracted driving" was the 2009 word of the year chosen by Webster's Dictionary. Unfortunately, this is no passing fad. Distracted driving has become a trend with deadly, real consequences. For people who think they can talk on their phone, text, apply make-up, or do any other distracting activity while driving, it's time for a crash course in reality from the National Highway Traffic Safety Administration (NHTSA): In 2010, 3,092 people were killed in crashes involving a distracted driver, and an estimated additional 416,000 were injured in motor vehicle crashes involving a distracted driver....

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DEVELOP AND PRACTICE HOME FIRE DRILLS

By MichieHamlett on September 28, 2012 8:22 AM | No Comments | No TrackBacks

Thank you to Guest Blogger Richard A. Jones, Battalion Chief, Public Information Officer, Charlottesville Fire Department, Charlottesville, Virginia. Fire can spread rapidly through your home, leaving you as little as two minutes to escape safely. Your ability to get out depends on advance warning from smoke alarms, and advance planning--a home fire escape plan that everyone in your family is familiar with and has practiced. Basic Fire Escape Planning: Pull together everyone in your household and make a plan. Walk through your home and inspect all possible exits and escape routes. Households with children should consider drawing a...

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NFL GIVES $30 MILLION GRANT TO NIH FOR BRAIN INJURY RESEARCH

By MichieHamlett on September 7, 2012 11:50 AM | No Comments | No TrackBacks

Football is America's game. The battle line is drawn at the line of scrimmage and at the snap, players lay into each other and the melee begins. Players are taught to play hard, hit hard and to make it stick. They wear uniforms with pads and helmets not just to identify one team from another but to protect themselves while doing battle. Last year, the battles on the NFL gridiron caused 266 player concussions, according to an analysis of injuries by Edgeworth Economics, a consulting firm for the NFL players' union. The year before, players suffered 270 concussions. As...

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NFL Donates $30 Million for Traumatic Brain Injury Research

By Kyle McNew on September 6, 2012 2:43 PM | No Comments | No TrackBacks

As the Washington Post reports, the National Football League will donate $30 million to the National Institutes of Health to advance studies into the understanding, diagnosis, and treatment of traumatic brain injuries. The donation is part of the NFL's recent partnership with the United States Army to study brain injuries. Like NFL players, an alarming number of soldiers are returning from Iraq and Afghanistan with symptoms of traumatic brain injury. The term "traumatic brain injury" or "TBI" covers a wide range of injuries, some comparatively "mild" like low-grade concussions to severe, permanent brain damage. A TBI typically...

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19 FALL PREVENTION TIPS FOR NON SUPERHEROES

By MichieHamlett on August 6, 2012 12:26 PM | No Comments | No TrackBacks

In the movies, heroes and super heroes leap and fall from bone breaking heights, shrug it off and carry on as if nothing happened. For the rest of us who don't have stunt doubles, computer graphics, concealed guy wires and judicious video editing, falls can be serious, if not deadly. Falls are a leading cause of accidental death in America, particularly for people over age 65. For children, falls are a leading cause of hospital emergency room visits. For the young, old and everyone in between, fall prevention often takes a back seat in our minds because...

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Motorcycles and deadly left turns, continued

By MichieHamlett on June 1, 2012 11:56 AM | No Comments | No TrackBacks

May 19, 2012 - Lumberton, NC - The driver of a 2009 Pontiac turns into the path of 22 year old Krystle Rose Lowery riding a 2003 Suzuki motorcycle. Lowery hit the rear passenger door of the Pontiac and died of her injuries at Southeastern Regional Hospital. May 19, 2012 - Norco, CA - At about 8:00 a.m. on Saturday, May 19, the driver of a van makes a left turn in front of John Cupp, 64, who was riding a motocycle. Cupp was wearing a helmet but died within an hour of the crash. May 28, 2012...

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Motorcycles and more left turn accidents

By MichieHamlett on May 14, 2012 9:15 AM | No Comments | No TrackBacks

May 8 - Georgia - A 21-year-old woman driving a Nissan Maxima turns left into an oncoming motorcycle police officer (with 14 years as a motorcycle officer), breaking both his ankles, breaking one leg and fracturing a hip. The woman fled the scene but was later apprehended. May 9 - Massachusetts - A 21-year-old man driving a Ford Explorer turns left in front of an oncoming motorcyclist, causing serious injuries to the 20-year-old rider on the Yamaha YZF-R6. Police said speed and alcohol did not appear to be factors in the 9:08 p.m. collision. The Ford Explorer driver was...

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LEFT TURNS KILL MOTORCYCLISTS

By MichieHamlett on May 7, 2012 12:52 PM | No Comments | No TrackBacks

Cars and trucks are required by law to yield to oncoming vehicles, but too often they don't yield to motorcyclists. A leading cause of motorcycle crashes is when a car or truck turns left in front of an oncoming motorcycle. This is not good for car drivers or motorcyclists. April 19, 2012 - Sergio Moral-Perez, age 23, is killed in a San Bernadino, CA, car accident after a driver made a left turn in front of his motorcycle. April 17, 2012 - A 27-year-old Fremont, Nebraska, woman dies after the motorcycle on which she is...

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AGGRESSION MASQUERADING AS SELF-DEFENSE

By MichieHamlett on March 23, 2012 2:41 PM | No Comments | No TrackBacks

Last week I helped my law partner Bryan Slaughter try a case against a Virginia deputy who shot and killed a young man only 22 years old. Neal Seamster had a blunt cigar, filled with marijuana. When a plain clothes member of the local narcotics task force approached his car and said "Hey, we need to talk," Neal tried to drive away. As he backed up his car, the plain clothes officer ran to his SUV to give chase but another task force member ran out of the Sheetz. As the car started forward, the deputy ran into the path of the...

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Florida Man Who Pleaded Guilty to DUI Manslaughter Now Steers Dangerous Course Suing Victim

By MichieHamlett on January 20, 2012 3:28 PM | No Comments | No TrackBacks

Off the coast of Italy on January 14, Captain Schettino runs his cruise ship aground, "trips" into a lifeboat and refuses to get back aboard his sinking ship to assist in the rescue despite the repeated commands of Chief De Falco of the Italian Coast Guard. That same day, The Tampa Bay Times reports that a man who pleaded guilty to DUI manslaughter for rear-ending a Chevy Tahoe at a traffic light has filed a lawsuit against the Tahoe driver. Like Captain Schettino, David Belniak has some explaining to do, and it better be good. Belniak seeks damages for...

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Holiday Drinking Tips

By MichieHamlett on December 12, 2011 11:10 AM | No Comments | No TrackBacks

Winston Churchill once said, "I'm just preparing my impromptu remarks." A bit of planning can help make the most of opportunities. Before going out to a holiday event or party where alcohol will be served, plan a safe way home before you take that first drink. Designate a sober driver. Add the telephone number for a taxi service to the contacts list in your cell phone. Arrange a ride home with a friend or family member who will be there and be sober. Wear a red ribbon when you go out to remind others of the danger of...

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HOLIDAY FIRE SAFETY

By MichieHamlett on December 8, 2011 10:31 AM | No Comments | No TrackBacks

The Holiday Season is a time of decorations, lights, fireplaces, extra cooking, parties, celebration and activities that take us out of our daily habits and routines. With these activities and distractions may come increased risks of fire. To help keep the Holiday Season a time of joy and peace, here are a few fire safety tips: 1. Cooking is the leading cause of fire over the holidays. Food left on the stove or in the oven may be forgotten for any number of reasons. If you leave the kitchen, take a pot holder as a reminder. If...

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ARE POCKET ROCKET MOTORCYCLES LEGAL?

By MichieHamlett on May 17, 2011 12:01 PM | No Comments | No TrackBacks

Last week, I was talking with Jane and Rick on WINA about motorcycle laws and Jane asked about Pocket Rockets. I thought she meant Crotch Rockets, the 600cc and 1000cc sport bikes you sometimes see cutting around cars and speeding off bearing riders in shorts and t-shirts flapping in the wind. She asked a second time and I remained clueless. Thirty minutes later, I had a moment of clarity, followed by memories of Homer Simpson yelling, "Doh! Doh! Doh!" Pocket Rockets, also known as Pocket Bikes, are tiny, motorcycle replica mini-bikes with seats fewer than 24 inches high and...

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Golf: Making Illegal Contact in a Non-Contact Sport

By MichieHamlett on February 4, 2011 12:51 PM | No Comments | No TrackBacks

Injuries are part of the game in some sports. Football and hockey are like combat where the players fight over a single ball or puck. In spite of pads, helmets, and rules, we expect players in these sports will get injured. Golf is different. The players don't wear pads or helmets but sport comfortable pants and shirts, and maybe a cap. There's no fighting over the same ball or passing it around to keep it away from other players. Each player has his own ball. There's no pushing in golf. No tackling. No throwing elbows or slamming into another player....

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Chicago Car Salesman Fired Over Packers Tie - What's Driving Got To Do With It?

By MichieHamlett on January 27, 2011 3:26 PM | No Comments | No TrackBacks

Green Bay is off to the Super Bowl after Sunday's playoff win over the Bears at Soldier Field in Chicago, but come Monday it was a Green Bay Packers tie that led to defeat for Chicago car salesman John Stone. Monday's contest was at Webb Chevrolet in Oak Lawn, Illinois, less than 16 miles from Soldier Field. Stone wore a Green Bay Packers tie to work. The day after the Packers deprived Chicago of a trip to the Super Bowl. What was he thinking? His late grandmother was a Packers fan. According to Stone's boss, Webb Chevrolet spends $20,000...

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Tractor-Trailers: Blind Spots You Can Get Lost In

By MichieHamlett on January 24, 2011 3:14 PM | No Comments | No TrackBacks

Tractor-trailers may be big and their drivers may sit up high where you would think they can see everything but they have blind spots big enough for your car, SUV or minivan to get lost in. You may have read the notice on the back of some trailers that says, "If you can't see my mirrors, I can't see you." What it should say is "If you can't see my face in my mirrors, I don't see you." Truck drivers are required to have a commercial drivers license. They have specialized training in the operation of large commercial...

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Facebook Photos - Post-Accident Facebook Photos Can and Will Be Used Against You by The Insurance Company

By MichieHamlett on January 14, 2011 3:10 PM | No Comments | No TrackBacks

It is often said - "A picture is worth a thousand words." The saying may be true but pictures, like words, do not always tell the truth. When it comes to photos of yourself posted on Facebook after you have been injured in an accident, those photos may be lying about your medical condition. If you are rear-ended at a traffic light or hit broadside by someone running a stop sign or a red light, you can have painful injuries that last for months, if not years. During that time, life goes on. There are still chores to...

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California Mom Not So Hap-hap-happy With McDonald's Happy Meals

By MichieHamlett on December 28, 2010 1:33 PM | No Comments | No TrackBacks

"What kids see as a fun toy, I now realize is a sophisticated, high-tech marketing scheme that's designed to put McDonald's between me and my daughters . . . . I want McDonald's to stop interfering with my family." This was part of the statement released by the California mother of two young children who is a plaintiff in a California class action lawsuit filed in San Francisco. The suit claims it is deceptive and unfair for McDonald's to use Happy Meal toys to bait children to make unhealthy food choices. Mother Jones reported the story on December...

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Why did the Judge Award $17,500 to a Former McDonald's Manager who Gained 65 Pounds?

By MichieHamlett on November 4, 2010 2:11 PM | No Comments | No TrackBacks

In 2002, a former manager of a McDonald's in Brazil complained about gaining 65 pounds over 12 years. He said "mystery clients" visited McDonald's restaurants and reported back to McDonald's on the food quality, service and cleanliness at the restaurants. Because of this he felt pressured to sample the food daily for quality control purposes. He also apparently ate the free lunches his McDonald's offered. Last week a judge awarded him $17,500. I read 15 or 20 reports on this decision online, looking for one that gave Judge Joao Ghisleni Filho's reasoning. Did McDonald's impose on its managers a...

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Motorcycle Safety - Energy Drinks No License To Drink and Drive

By MichieHamlett on July 6, 2010 10:38 AM | No Comments | No TrackBacks

When you like riding motorcycles and like having a tall, cold beer on a hot day, it is tempting to mix the two - even though we know better. In the United States, temptation is in our DNA. We live in the land of more. Advertising has been pushing "more is better" into us since we were old enough to talk. We've seen so many images of cold beer, hot women, and good times we are primed to order that beer when we are in situations like we see in the ads. After a good ride on a hot...

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Tort Reforms That Undermine Right to Trial by Jury

By MichieHamlett on April 15, 2010 3:58 PM | No Comments | No TrackBacks

Tort Reforms That Undermine Right to Trial by Jury Ask Legislators to Violate Their Oath of Office TRIAL BY JURY in suits at common law is a right that "shall be preserved" according to Article VII of the Constitution of the United States. The Constitution of the Commonwealth of Virginia states that "in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred." Article VIII, Section 11. In taking their oath of office, the President of the United States, U.S. Senators and Congressman, and the Governor, officers and legislators...

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Check your Graco Harmony High Chair - Recall Announced March 18, 2010

By MichieHamlett on March 26, 2010 12:33 PM | No Comments | No TrackBacks

Graco Children's Products is recalling its Harmony high chairs sold in the U.S. between November 2003 through December 2009. Loose screws and cracked brackets can cause these high chairs to tip over. Graco sold 1.2 million Harmony high chairs in the U.S. and another 35,000 in Canada. For a free repair kit, contact Graco at 1-800-345-4109 or online at Graco.Baby.com. Based in Atlanta, Graco has received 464 reports of screws loosening or falling out and brackets cracking, resulting in unexpected tip overs of the high chairs. For additional information, go to http://www.cpsc.gov/cpscpub/prerel/prhtml10/10171.html....

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Another Recall - Who's Minding the Store?

By MichieHamlett on March 16, 2010 12:36 PM | No Comments | No TrackBacks

How many headlines have we seen - Children's Jewelry Recalled Because of Lead - or words to that effect. The Consumer Product Safety Commission (CPSC) website offers the following: * Wal-Mart Recalls Charm Key Chains Due to Risk of Lead Exposure. 4/18/08. 12,000 units involved in this recall. * Wal-Mart Recalls Additional Charm Key Chains Due to Risk of Lead Exposure. 6/19/08. About 39,000 units involved in this recall, in addition to 12,000 previously recalled. * Horse Toy Figures Recalled by Blip Toys Due to Violation of Lead Paint Standard. 1/26/10. About 15,000 units. Sold at Wal-Mart...

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Lawsuit for a Fallen Moose Head

By MichieHamlett on January 5, 2010 2:53 PM | No Comments | No TrackBacks

Kevin Ryan wrote the following ode in response to a Dec. 30, 2009, story from the www.avvo.com, website: Falling Moose Head Leads to Concussion, Lawsuit Wednesday, December 30, 2009 at 02:23 PM A restaurant patron is suing an establishment on New York City's Lower East Side where she claims she was clobbered by a fallen stuffed moose head. In a lawsuit filed in Manhattan Supreme Court, internet design consultant Raina Kumra alleges that while she was dining and drinking at the White Slab Palace late one night in October, a giant moose head become dislodged from the wall and...

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The Robots Are Coming (PART TWO)

By MichieHamlett on December 18, 2009 10:54 AM | No Comments | No TrackBacks

As the complexity and sophistication of robotic products increases, so too will increase the cost of proving liability. This cost will effectively close the courthouse doors to many who are injured. Manufacturers, through talking heads on TV, economic experts, pundits and so on are likely to lobby the public, the congress and state legislatures (a) on the need for immunities from suit to "protect jobs" (that probably have been exported to foreign countries) or to protect the "industry" so we don't fall behind other countries in robot production; or (b) they will seek the creation of additional procedural hurdles in...

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The Robots Are Coming (PART ONE)

By MichieHamlett on December 11, 2009 10:20 AM | No Comments | No TrackBacks

In Star Wars when R2D2 and C3PO are sold to Luke Skywalker's uncle, he was looking for droids (thinking robots) to operate his farm equipment. Nobody asked - who made these things and who is at fault if they malfunction and burn down my workshop, destroy my equipment or injure anybody? The Star Wars script did not call for product malfunction and mayhem to create a personal injury law saga. However, Murphy's law is written into the script of real life. If accidents can happen, they will. We have cars that parallel park themselves. We have Roomba vacuum...

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GM and Chrysler Freed of Liability for Pollution

By MichieHamlett on August 25, 2009 5:54 PM | No Comments | No TrackBacks

General Motors, pursuant to its Chapter 11 reorganization, was allowed to sell most of its properties to the new GM, leaving behind unwanted properties that contain environmental liabilities estimated at $530 million. GM has a $1.2 billion bankruptcy wind down budget to cover the clean up of these sites, but many fear that this is not enough, as that money will also be used to pay administrative fees, other claims, liabilities and bankruptcy attorney fees. If there is not enough money left over, the clean up fees will likely fall upon taxpayers. Chrysler Group LLC had a similar bankruptcy and...

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A Well Kept Medical Secret

By MichieHamlett on August 21, 2009 6:47 AM | No Comments | No TrackBacks

Did you know that more Americans die each month from preventable medical deaths than were killed in the terrorist attacks of September 11th? Most people don't, and this fact has been known for over 10 years. Despite this knowledge, and the goal of the medical report that concluded this, evidence seems to indicate that preventable medical deaths are on the rise, not the decline. That decade old report by the National Institute of Medicine indicated that over 98,000 people die each year from preventable medical mistakes. A federal Centers for Disease Control and Prevention study concluded that an additional 99,000...

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Is Your Child Safe in Gym Class?

By MichieHamlett on August 14, 2009 4:04 PM | No Comments | No TrackBacks

A recent news article I read indicated that from 1997 to 2007 physical education injuries were up 150%!! The study speculates that the increase may be due to a lack of supervision and fewer school nurses. Six sports accounted for 70% of injuries: running, basketball, football, volleyball, soccer, and gymnastics. The researcher stated that instructors must get comprehensive training in injury prevention, and kids need to get safety education as well, McKenzie said. Schools must also insure that teachers and students use all appropriate safety equipment, she added, for example laying down mats for gymnastics. I agree 100% with this...

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Osteoporosis Treatment Found to Be Ineffective in New Study

By MichieHamlett on August 11, 2009 5:23 PM | No Comments | No TrackBacks

A widely used and painful treatment for spinal fractures caused by osteoporosis has been found to be ineffective in a new study. The procedure called vertebroplasty, injects a cement into the vertebrae. The procedure can cause serious injury or death if the cement seeps into blood vessels. One of the physicians who helped develop the procedure said he was shocked with the results. The study found the procedure to be no better than a placebo. The studies were begun several years ago in the United States, Britain and Australia. It is too soon to tell whether this study will be...

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Is That CT Scan Necessary?

By MichieHamlett on August 7, 2009 2:51 PM | No Comments | No TrackBacks

I recently read an article that confirmed what I already knew, many doctors are making tons of money off of self referred work. An evaluation of a Urological Group revealed that the medical group had increased the number of CT Scans by over 700% for it patients after it bought its own CT Scanner. The article said that there were numerous other studies that showed that physicians that own scanners order more tests for their patients than those who do not. With the debate over healthcare reform, studies like these are surfacing to show the increasing healthcare costs of unnecessary...

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Workplace Injuries in Virginia

By MichieHamlett on August 4, 2009 4:09 PM | No Comments | No TrackBacks

Not a week goes by where I don't get at least one phone call from a caller asking if he or she can sue their employer for their workplace injury. In Virginia, the answer is still no. If you are hurt on the job, even if your employer failed to give you safe equipment or failed to provide a safe workplace, your exclusive remedy is filing for workers' compensation benefits, which from my experience, are woefully inadequate. There are several scenarios that allow you to file a workers' compensation claim and maintain a separate lawsuit, but not against your employer....

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Think Twice Before Buying That Used Chrysler!

By MichieHamlett on July 21, 2009 10:06 AM | No Comments | No TrackBacks

If you are contemplating buying a used Chrysler product you may want to look at other models, and if you currently own a Chrysler product, you may want to consider selling it. Pursuant to Chrysler's bankruptcy, the company will not be held accountable for defective products it manufactured prior to the bankruptcy. As can be seen from a random Google search, product defects can surface years after the vehicle is manufactured and can manifest in a crash ranging from severe burn injuries from a defective part to paralyzing or life ending spinal injuries resulting from a defectively designed roof. Courtesy...

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Is Your Child Swimming In a Safe Pool?

By MichieHamlett on July 13, 2009 12:59 PM | No Comments | No TrackBacks

Earlier this year I posted a blog concerning new federal legislation, the Virginia Graeme Baker Pool and Spa Safety Act 15 U.S.C. 8001 et seq. that required pools to have a new drain cover. I have been checking the indoor and outdoor pools that my daughter swims in and so far all pools have complied. However, here in Roanoke, that only consists of the indoor and outdoor pools at the Roanoke Athletic Club and my sister's kids' private outdoor swim club pool owned by our church. Apparently, some pools across the country still have not gotten the message, even those...

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New Virginia Supreme Court Decision Could Mean More Insurance Coverage Available for You!

By MichieHamlett on July 6, 2009 10:15 AM | No Comments | No TrackBacks

On June 4, 2009, the Virginia Supreme Court issued a decision that is sure to have tremendous impact on injury victims and their insurers in the state of Virginia. The decision means that injured victims could potentially have a greater amount of uninsured motorist coverage available if the injured victim/insured owns more than one car on any auto policy that covers that victim/insured. The case of Virginia Farm Bureau Mutual Insurance Company v. Williams, re-opens Virginia law to intra-policy stacking of uninsured motorist coverage. An example of intra policy stacking would be having 2 vehicles on one insurance policy, each...

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Kettle or Canister Style Pool Filters Can Be Deadly

By MichieHamlett on June 30, 2009 2:12 PM | No Comments | No TrackBacks

If you have a kettle or canister style pool filter, it could be deadly. In California, a woman whose husband was killed by one of these units is leading a crusade to warn the public. You can visit her website to get more information on these units. Since 1982, there have been at least 22 other similar incidents reported to the CPSC. However, the CPSC does not know of every incident the reporting requirement are pretty lax, in my opinion. Apparently these filters consist of a two piece design, held together by a fastener. At least four different manufacturers use...

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Ducati and Harley-Davidson Motorcycles Recalled

By MichieHamlett on June 26, 2009 8:53 AM | No Comments | No TrackBacks

Ducati is recalling 732 of its 2009 1198 S, 1098 R and F1098 S Streetfighter models. The manufacturer announced that the right fork could develop a crack, which "may lead to a loss of steering control, possibly resulting in a crash." Obviously, this crash could result in the death or serious injury of the driver! Harley-Davidson is recalling about 11,000 of its 2008 and 2009 FLSTSB, its 2008 FXSTSSE2 and 2009 FXSTSSE3 models because the acorn stud at the brake reaction link may fall out. "If this occurs the front brake and fender assembly would no longer be adequately retained....

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Exploding Gas Cans

By MichieHamlett on June 22, 2009 9:45 AM | No Comments | No TrackBacks

Recently I was attending a legal seminar , when another lawyer and I were discussing our current product liability cases. I was shocked to hear a defective product that many of you probably have in your home now, a gas can. It seems that most consumer gas cans, the ones you have around your garage that you use for your lawn mower or weed eater, do not contain a flame arrester. This flame arrester is a small piece of wire mesh that fits in the spout/tube of the gas can, that prevents flammable gas vapors from escaping. This device...

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VA Medical Centers Possibly Infect more than 10,000 with Hepatitis, HIV

By MichieHamlett on June 18, 2009 11:22 AM | No Comments | No TrackBacks

The Office of the Inspector General has released a report outlining the use and reprocessing endoscopes at VA medical centers. This report was released following the March 2009 discovery that VA medical centers in Tennessee, Georgia and Florida possibly exposed more than 10,000 people to Hepatitis B, Hepatitis C and/or HIV through the use of endoscopic equipment that was not properly sterilized. As of April 2009, less than a third of the patients possibly affected were notified. Recently the Washington Post reported that fewer than half of randomly selected VA medical centers had properly sterilized medical equipment, used to perform...

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Vehicle Black Box Data

By MichieHamlett on June 1, 2009 2:25 PM | No Comments | No TrackBacks

I was recently involved in a case involving a tractor trailer and an elderly driver. The elderly driver was rear ended by the tractor trailer and suffered injuries which left her unable to recall the facts of the crash. Interestingly, in an attempt to limit liability, the trucking company hired a lawyer to offer opinions regarding our client's speed at impact. This issue had never been raised prior to trial, so we had not had our client's vehicle's black box data downloaded. The case settled and we ended up not having to hire an expert to provide the information for...

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Soccer Goals Can Kill or Injure You or Your Child

By MichieHamlett on May 20, 2009 12:26 PM | No Comments | No TrackBacks

Soccer is one of the biggest sports in the United States now. Most parents think of soccer as a safe alternative to football or lacrosse. Did you know that from 1979 to May 2009, there have been 35 deaths and 53 reported injuries from portable soccer goals? This number consists of known and reported incidents only! How many more are out there? I am currently handling a case involving the death of a child resulting from a portable soccer goal tip over, and I can tell you there is not a sadder case than a family that has lost a...

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How To Be the First To Get Automobile Recalls

By MichieHamlett on May 14, 2009 1:28 PM | No Comments | No TrackBacks

Each year, it seems that the automobile manufacturers issue hundreds of recall notices. Some affect the current model year, others affect vehicles manufactured years ago. If you bought your vehicle used, or have moved, you may never get notice of the recall. Any easy way to determine if your current vehicle has been the subject of any recalls is to visit the National Highway Traffic Safety Administration website to check. You can also sign up on this site for receive recall alerts via email. I have used this site before, and in fact my wife has shown up at the...

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Vehicle Roof Crush Standards Increased

By MichieHamlett on May 11, 2009 4:30 PM | No Comments | No TrackBacks

Each year over 10,000 people are killed from rollover crashes or accidents. Many of these deaths are attributable to the weak roof of the vehicle caving in and crushing the occupants. The current NHTSA roof crush standard requires that a vehicle withstand 1.5 times the weight of the vehicle, applied to one side of the roof, for "light vehicles" up to 6,000 pounds in weight. Anyone who has seen this test can tell you how useless it is. Literally, a large metal plate is placed against the roof and slowly pressed against the roof up to the required testing limit....

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Does Your Umbrella Policy Cover Underinsured/Uninsured Claims?

By MichieHamlett on May 7, 2009 5:21 PM | No Comments | No TrackBacks

Earlier this week I wrote about insurance coverage and how important it is. I recently received an inquiry about umbrella policies. Umbrella policies are large liability policies ($1million dollars or more) written to cover individuals or businesses. In most cases, these policies are less expensive than a comparable liability limit on your automobile or homeowner policy. In most cases, the insurer will also require that you carry a certain amount of liability coverage on your automobile and homeowner or renter's policy. Umbrella policies are a good thing and I highly recommend them. However, most umbrella policies DO NOT cover underinsured...

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Are You Fully Insured?

By MichieHamlett on May 4, 2009 5:52 PM | No Comments | No TrackBacks

From the title of this piece, you may have assumed it was an article or ad written by an insurance company. I assure you it is not. A client was in my office a couple of weeks ago, and was involved in a very serious automobile accident. He was shocked to find out that the person who was at fault only had insurance limits of $25,000. The client had over $25,000 in medical bills alone. I told him that all was not lost, we could make what is called an underinsured motorist's claim against his insurance company. He happily went...

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Worried About Getting Notice of a Car Seat Recall? Try Car Seat Registration.

By MichieHamlett on April 20, 2009 1:14 PM | No Comments | No TrackBacks

It seems like each year car seats are recalled. Register your car seat here. The site also contains the ability for the owner to research if their car seat has been recalled for any reason from the manufacturer. I recommend not purchasing car seats used. For one, the technology gets better each year. For another reason, you have no way of determining if the car seat has ever been involved in an accident. If the seat has been involved in a car accident the padding, foam or other safety mechanisms of the seat could be damaged, which could harm the...

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Consortium of World Scientists Reject FDA Claim that BPA Is Safe

By MichieHamlett on April 17, 2009 3:36 PM | No Comments | No TrackBacks

An international group of academic, industry and government scientists have called into question the reliability two studies relied upon by the FDA to support its announcement that BPA is safe. BPA is found in food containers, household products and baby bottles. According to the scientists at that meeting, the author of the studies, Rochelle Tyl, has conceded that there were errors in the 2008 study, relied upon by the FDA. Interestingly, both of TYl's studies were paid for by the American Chemistry Council, a trade association for BPA makers. See my earlier blog on this site for the article on...

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Theme Park Rides Result in Serious Injury or Death

By MichieHamlett on April 14, 2009 10:38 AM | No Comments | No TrackBacks

Each year numerous people are injured or killed on rides at theme parks, carnivals and fairs. While many of these injuries or deaths are related to poor maintenance, an alarming number are alleged to have occurred due the design of the ride itself. In another words, the ride performed exactly as it was designed to do and the rider still became seriously injured or killed. I was alarmed when I recently read an article concerning Florida theme parks, the surprising number of injuries and lawsuits and the failure of the parks to report these injuries and deaths. I recommend reading...

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Slydog Retractable Dog Leashes Recalled

By MichieHamlett on April 10, 2009 2:39 PM | No Comments | No TrackBacks

The CPSC has announced a recall of these dog leashes. They were sold at Family Dollar Stores from September 2007 to August 2008. The metal clasp on the leash that attaches to the animal's collar can bend or break and detach from the collar. The reports of injuries at this point in time appear to be mild. That said, if you have one of these leashes get rid of it or send it back for a refund. I had a case involving a defective retractable dog leash several years ago, and the hook portion of the clasp straightened out and...

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Yamaha Rhino and Utility Terrain Vehicle Report

By MichieHamlett on April 2, 2009 3:42 PM | No Comments | No TrackBacks

On March 27, 2009 a group of safety advocates and victims issued a report shedding light on the alarming problems with Utility Terrain Vehicles (UTV), and highlighting in particular the Yamaha Rhino. If anyone has seen these vehicles, they are not traditional ATVs, and to me at least, resemble golf carts on steroids. The report sets out 38 deaths, many of which are believed to have occurred in Yamaha Rhinos. These Rhinos have also accounted for catastrophic injuries including the loss of limbs and other severe injuries. The report calls for the installation of partial doors, roll cage cushions and...

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Potentially Defective and/or Dangerous Drugs

By MichieHamlett on March 30, 2009 4:44 PM | No Comments | No TrackBacks

Harvard professor Dr. Joseph Biederman is under fire as documents he was ordered to turn over in litigation call into question how unbiased his studies were, as he was receiving huge payments from drug maker Johnson and Johnson, and promising positive results for the company even before his clinical trials were begun. Clearly, the receipt of huge cash payments by these physicians that are providing allegedly "independent evidence" supporting the effectiveness or use of drugs made by the very manufacturer providing payments, causes one to wonder how independent these tests are, yet this has been going on for years and...

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Deadly Pool and Spa Drain Covers

By MichieHamlett on March 27, 2009 9:45 AM | No Comments | No TrackBacks

Did you know that drowning is the second largest killer of children under age 14? In response to this, but in reality likely due to the death of former Secretary of State James Baker's granddaughter, the Virginia Graeme Baker Pool and Spa Safety Act 15 U.S.C. 8001 et seq. was passed on December 20, 2007. The requirements of the Act come into force December 19, 2008. Baker's granddaughter died in 2002 when she became trapped by a spa drain cover. Most old drain covers are flat and allow the swimmers body to become trapped against the drain cover. Younger children...

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Sunoco Joins Fight Against BPA

By MichieHamlett on March 25, 2009 7:47 PM | No Comments | No TrackBacks

Sunoco chemical company announced that it would restrict sales of bisphenol-A, or BPA to manufacturers who were using the chemical in food and water containers for children under three. This move makes Sunoco the first major manufacturer to acknowledge safety concerns about BPA or bisphenol-A. This is the most recent action regarding moves against BPA. Last week, six of the nation's largest bottle manufacturers announced they would no longer be using BPA in baby bottles. Most major retailers, including Wal-mart and Toys-R-us, have now removed products containing BPA from their store shelves. BPA is said to mimic the effects of...

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Carbon Monoxide Deaths from Portable Generators

By MichieHamlett on March 22, 2009 4:09 PM | No Comments | No TrackBacks

I was doing some research last night to help a lawyer up in West Virginia on a carbon monoxide (CO) poisoning case he had and was surprised to learn of the extreme danger of engine driven generators. From 1999 to 2007 the Consumer Product Safety Commission was aware of 404 fatalities involving generators and CO poisoning. We know that the CPSC cannot be aware of every incident out there, so in all likelihood the number of deaths is even greater! As most of you know, the coldest months of the year are typically November through February. Nearly half of the...

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Supreme Court Rejects Preemption Argument by Drug Makers

By MichieHamlett on March 19, 2009 12:51 PM | No Comments | No TrackBacks

The United States Supreme Court rejected arguments that federal regulation preempted state lawsuits against drug makers. In the case of Wyeth v. Levine, the injured plaintiff Diane Levine, had her arm amputated after she was injected with Phenergan, made by Wyeth. Wyeth argued that federal approval of the Phenergan and its warning label protected the company from lawsuits. The case is seen as a surprise given that the Bush administration had argued that once a drug's warning label is approved by the FDA, consumers cannot pursue state law claims if they are injured by the drug. Justice Stevens, who wrote...

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Supreme Court Makes an Impact on Automobile Accident Cases

By MichieHamlett on March 17, 2009 11:52 AM | No Comments | No TrackBacks

Recently, the Virginia Supreme Court decided a case that will surely have an impact (no pun intended) on those with automobile accident cases, in the future. In the case of Hancock-Underwood, the Virginia Supreme Court was asked to consider whether the trial court erred in refusing to instruct the jury on "unavoidable accident" and "sudden emergency". In the past these jury instructions, in my opinion, were used by defense lawyers to unjustly escape liability for their clients. In this case the plaintiff/ injured party was traveling on Route 130 in Virginia, with his family, when he saw an oncoming van...

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Wrongful Death and Survivorship Claims

By MichieHamlett on March 14, 2009 4:53 PM | No Comments | No TrackBacks

A recent case of interest is Centra Health v. Mullins. This is a landmark decision by the Virginia Supreme Court, on a key area of the law that usually comes up in the context of nursing home cases. In this case, the 84 year old plaintiff was admitted to the hospital for a broken hip he sustained in a fall. Due to negligent insertion and maintenance of a catheter, the man developed a urinary tract infection. After surgery for the broken hip, hospital staff failed to treat and recognize the infection and discharged the man back to the nursing home....

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CBB Group Recalls Various Toys Due To Choking Hazard and Lead Paint

By MichieHamlett on March 12, 2009 2:55 PM | No Comments | No TrackBacks

CBB recalled the following toys Fishing Games, Rattles, Pull-A-Long Cars, Mini Pull Back Cars, and Cartoon Bubble Guns due to the toys containing small parts which can separate from the toy and become choking hazards for small children. The mini pull back cars and bubble guns have surface paints which contain excessive levels of lead, violating the federal lead paint standard. These toys were sold at dollar stores and toy stores. A detailed chart and photographs of the toys and their product numbers can be found here. As always, I recommend visiting the CPSC website as several toys were recalled...

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Children's play yard recalled

By MichieHamlett on March 10, 2009 5:56 PM | No Comments | No TrackBacks

I read recently where the Consumer Product Safety Commission (CPSC) just recalled 200,000 children's play yards. These "Rainforest" model play yards were made by Simplicity Inc., which is now out of business, for Fisher Price. There is a danger of the side rails collapsing and potential injury or death to the children or infants. Apparently CPSC officials knew last year that these side rails were collapsing, but felt that it did not "rise to the level of a recall". This article just reinforces my thoughts that you cannot depend on the CPSC to timely act and protect your children. It is my opinion...

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CPSC Recall on Jardine Cribs

By MichieHamlett on March 8, 2009 8:58 AM | No Comments | No TrackBacks

In what is becoming an all too common occurrence, the Consumer Product Safety Commission has announced another recall involving infant cribs. The manufacturer of the cribs is Jardine Cribs, and the first recall was in June of 2008, affecting 320,000 cribs. The CPSC has now added another 56,450 cribs. The cribs were sold at KidsWorld, Geoffrey Stores, Toys "R" Us, and Babies "R" Us stores nationwide, and at Babies "R" Us.com, from March 2004 through January 2009 for between $220 and $330. The problem with the cribs is that the side rails can break, creating a gap for the infant...

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