Alabama Injury Lawyer Blog

The summer is here and it's time to pack away those jackets and scarfs and pull out the swim trunks and the pool toys!

It's also time to be on the lookout for swimming pool dangers and to take the proper safety precautions to help to eliminate the risks of swimming pool accidents in Montgomery and elsewhere. Drownings and other pool-related accidents are in fact 100 percent preventable when the proper safety precautions are taken.

During this time of the year, we see the highest risks for these kinds of accidents. We all need to keep an eye on our children especially. It's our young ones that face the highest risks for fatal pool accidents during the summer season. As a matter of fact, about 20 percent of drowning-related accidents occur to residents who are under the age of 15-years-old. For every child who suffers a fatal drowning accident, another 5 are sent to the emergency room for related injuries. Luckily, there are some safety steps that we can all take to help to reduce these risks. Our Montgomery child injury attorneys are here to share that information with you and help to keep everyone safe during this year's summer season.

From 2000 to 2009, there were nearly 4,000 fatal drowning accidents that happened in the United States, according to the Centers for Disease Control and Prevention (CDC). This doesn't even count boating accidents. It's most important that we keep an eye on our youngest children. Kids between the ages of 1- and 4-years-old have the highest swimming pool-related accident rates. In 2009, of the young ones who died from an unintentional injury, about a third of them died in drowning-related accidents.

What can help to keep our little ones safe near the pool?

-Consider swimming lessons. Kids who are, and have been, enrolled in swimming lessons have a smaller change of drowning. Unfortunately, most young ones don't have formal swim training.

-Learn cardiopulmonary resuscitation (CPR). When seconds matter, this is going to be your life-saving tool. When CPR is performed by bystanders, the chances of surviving increase dramatically.

Tips to help keep you safe in the water:

-Always supervise young ones near a pool.

-Always use the buddy system. Never allow anyone to swim alone.

-Learn to swim. Make sure everyone in your household has undergone professional swim training.

-Remember that floating toys are not a substitute for safety devices.

-Never swim and drink alcohol. The two don't mix and can produce deadly results.

-Know about the weather conditions before scheduling your pool party.

-Consider installing a four-sided fence if you have small children in your home.

Continue reading "Swimming Pool Accidents in Montgomery and Elsewhere Likely through Summer" »

Workers' compensation claims allow employees who suffer a work-related injury to claim benefits from their employer's insurance carrier. However, in addition to providing workers with benefits, workers' compensation statutes protect employers by creating a statute of limitations which bars claims that are not made timely.

Deciphering the different specifications within the Alabama workers' compensation statutes can be tricky, which is why you need the guidance of an experienced injury attorney.
The effects of statute of limitations in workers' compensation cases is illustrated in a recent Fifth circuit case called Patrick v. Wal-Mart. This case involves a Wal-Mart employee injuring her lower back while stocking shelves in a Mississippi Wal-Mart store.

Teresa Patrick (plaintiff) injured her back in 1997 and brought a workers' compensation (WC) claim against her employer Wal-Mart and its insurer National Union Fire Insurance Company (collectively, defendants). The facts of the case were brought to be disputed in front of an Administrative Law Judge (ALJ).

Plaintiff argued that her lower back injuries were caused by her work for Wal-Mart. Wal-mart countered with the argument that the plaintiff's back injuries could not have possibly been caused by the plaintiff's work stocking shelves. In 1998 despite the contradictory arguments, the ALJ found that the plaintiff was entitled to temporary disability benefits for eleven months. Because the extent of the plaintiff's injuries could not yet be determined, the ALJ left the decision for any additional benefits due to permanency of the injury, open to be discussed at a later time.

Defendants paid the plaintiff the bulk sum award. Plaintiff left work with Wal-mart and began working in other capacities for different employers. This lower back injury the plaintiff suffered continued to be agitated until plaintiff brought another action against the defendants for additional benefits for her work-related back injury.

Five years after the entry of the first judgment for the plaintiff, the ALJ re-heard the facts of the workers' compensation case. The ALJ found that the plaintiff was permanently disabled because of the back injury she obtained working for Wal-Mart, and awarded the plaintiff necessary and reasonable medical expenses incurred because of this injury.

Additionally, the defendants were required to pay the plaintiff monthly benefit payments because of the permanency of her injury.

The defendant's disagreed with this ALJ decision. Defendants argued that the plaintiff's claim for permanent disability came too late, as it was over the statutory time allotted by statute. In Mississippi, an injured worker has three years from the date the injury was discovered or diagnosed to bring a claim for damages.

Plaintiff argued that because the ALJ's decision in 1998 was not final, the clock for the statute of limitations had not begun to tick. Thus, she argued that the final decision in this workers' compensation case came in 2005.

The confusion arose because of the word "final." Because the 1998 ALJ's decision left certain things undecided, this decision was considered interlocutory. However, this court notes that the decision was interlocutory as to the plaintiff's substantial rights but considered a final judgment for procedural law.

Because it would not be consistent with the legislative intent of workers' compensation laws to only allow a decision to be final when all of the potential benefits are awarded. This would only create an unjust result leading to decades worth of litigation for work-related injuries. Thus, the plaintiff's second suit was considered to be barred because it was not brought within three years of the date of her injury.

Continue reading "The Applicability of Statute of Limitation in Alabama Worker's Compensation Cases" »

Although drinking and driving is both dangerous and illegal, it remains the most common cause of Montgomery car accidents to date. However, have you ever wondered whether you can be held liable for knowingly allowing another to drink and drive?

If you have been involved in an accident with a drunk driver, it is important to get the advice of an experienced Montgomery injury attorney.

The Rhode Island Supreme Court delves into this complicated legal issue of duty to third parties. Gushlaw v. Miller, No. 2009-376-Appeal (R.I. S.Ct. May 10, 2012). This case arose where two adult men, Joseph Clukey (Clukey) and Matthew Milner (Milner) (collectively, defendants), decided to go to a hotel party. Defendants were nineteen and twenty, respectively. They met at a local convenience store, and illegally purchased an eighteen pack of beer. They decided that Clukey would drive the forty five minutes to the location where the party was being held. The hostess of the party was only seventeen, and she had about eight to ten people gathering at this hotel party.

Upon arriving at the party, defendants began to drink very heavily. Each of the defendant's consumed seven or eight beers. The party-goers were at the hotel pool, having a bar-be-que and drinking outside. The defendants began to get loud and obnoxious, causing the hostess to ask them to leave the party. Although Milner only lived three blocks from the party, the two men agreed to go back to the convenience store so that Milner could pick up his vehicle.

Cluckey drove intoxicated to the convenience store and dropped Milner off. Clukey knew that Milner was also intoxicated and that Milner was going to drive in that condition.
Several hours after the two men separated, Milner was driving at very high speeds. He crossed the middle line and collided with a vehicle that was being driven by Eldrick Johnson (Johnson). This head-on collision caused Milner to die immediately. Johnson survived the actual crash; however, he died upon arrival at the hospital from injuries related to the collision. Johnson was survived by his wife (plaintiff) and four minor children.

Plaintiff sued Milner, Milner's father, Allstate Insurance Co. and Clukey. She argued that Clukey should be held liable under the theory of negligence because he knew or should have known that someone could be injured by Milner driving drunk. This argument centered on the idea that Clukey had owed a duty of care to all of the public to keep Milner, who was knowingly drunk, from driving.

The question for the court became whether Clukey was liable for the death of Johnson because he knowingly let Milner drive while intoxicated.

In order to prove a claim for negligence, the plaintiff has to prove by a preponderance of the evidence the four elements of negligence. These are: defendant owed a duty to the plaintiff; defendant breached this duty; the defendant's breach of duty was the direct and proximate cause of the plaintiff's injuries; and the plaintiff suffered damages.
Clukey argued that he did not owe this duty of care. He stated further that it would be unreasonable to add this duty of care to third persons.

The state supreme court found that a person cannot be held liable for the injuries of another where they knowing let another person drive drunk. Hence, the court entered summary judgment for Clukey because this duty requirement would be excessive.

Every state has analyzed this question a little differently, which is why it is so critical to have an attorney guide you in your personal injury lawsuit.

Continue reading "Gushlaw v Miller: Do We Have a Duty to Stop Alabama Drivers from Drinking and Driving?" »

Safe driving advocates are now looking at another dangerous driving habit. It's not what drivers are doing behind the wheel, but what they're not doing. We're talking about blinkers. According to MSNBC, there are about 2 million accidents that happen every year because drivers neglect to use a blinker.

According to a recent study from the Society of Automotive Engineers, drivers fail to use their turn signals more than 45 percent of the time when changing lanes and another 25 percent when making turns. That means drivers are failing to use their turn signals about 2 billion times a day, or about 800 billion times every year. That's a lot of unannounced turns and a lot of car accidents in Montgomery and elsewhere.

Our Montgomery accident lawyers understand the risks account for twice as many car accidents as distracted driving. The fact of the matter is that the use of a blinker is a roadway law, just like stopping at red lights. Still, drivers aren't taking it seriously. It could be for a number of reasons, but safe driving advocates are blaming it on the lack of enforcement. They say that law enforcement officials are too busy scanning our roadways for other dangerous behaviors -- so they oftentimes overlook drivers who fail to use a blinker.

"This is a first of its kind report on a subject that amazingly, has never been studied," said Richard Ponziani, P.E., an author of the report.

It's been proven. Blinkers are some of most simple and effective ways to help to prevent roadway accidents. Still, there's an alarming lack of compliance with the things though. All drivers have a responsibility to use them, just as they do to stop at a stop sign.

Researchers say that they have a solution though! It's called the "Smart Turn Signal" and it works much like the new-age seat belt reminder works. It steps in when the driver does not. With seat belt warnings, the vehicle beeps to alert the driver that their seat belt is not on. With the seat belt warning, drivers are alerted when passengers in the vehicle aren't wearing a seat belt. The "Smart Turn Signal" would work in a similar way. It would beep if the driver's blinker has been left on or if it isn't being used when it's supposed to. The study refers to it as a "friendly reminder."

Researchers even say that this option would actually be easier to use and it would cost less money than the current mechanical trip mechanism that's used in vehicles. According to Ponziani, this is the most effective ways to help to prevent multiple-vehicle accidents and to get drivers to use their blinkers again!

Continue reading "Blinkers: Preventing Car Accidents in Montgomery and Elsewhere" »

Cinco de Mayo is a huge event for many local residents and visitors to the area, especially the young adults. It's a fantastic time to get out, socialize with old friends and even make a few new ones. The big event is this Saturday and we're asking all locals and visitors to go out with a plan and to go out responsibly.

No, not a plan of party details, but a plan of after-party details. Make sure you have a sober ride home to avoid a potentially fatal car accident in Montgomery!

Our Montgomery injury attorneys are here to offer you a few simple safety tips to help prevent one of these accidents. Mothers Against Drunk Driving (MADD) reminds those who don't have any plans to drink to remember that others do and still need to be careful. With the cooperation of everyone this Saturday, we can all work to keep our roadways safe and accident free, celebrating a truly successful Cinco de Mayo! There's no reason for anyone to get behind the wheel after consuming alcohol. There are a plethora of options to avoid these kinds of accidents. Take note and party responsibly!

Cinco de Mayo Tips from MADD:

-Make sure that you have a designated driver before heading out. A designated driver is someone that vows to drink nothing, not the person who drinks the least.

-Make sure to grab something to eat before heading out. Consider chowing down on some of your favorite Mexican foods throughout the evening to help to avoid getting too intoxicated and getting sick.

-If something goes wrong and you find yourself left without a designated or sober driver, call a cab, call a friend or a family member to come pick you up or use public transportation. Whatever you do, do not get behind the wheel.

-If you see someone who has been drinking and is going to get behind the wheel, snatch the keys from them. You can help to save lives by stepping in and speaking up.

Drunk driving car accidents are a huge problem! They're so common that someone is killed in a drunk driving car accident every 50 minutes. Last year, there were nearly 11,000 people killed in these completely preventable accidents. During holiday periods, especially during Cinco de Mayo, the risks for these kinds of accidents skyrocket.

Remember, every minute someone is injured from one an alcohol-related auto accident. Do your part to keep our roadways safe and our Cinco de Mayo fun by pledging to stay sober behind the wheel or designate a driver. You're responsible driving and partying habits can help to save lives. Go out, have fun, party responsibly and enjoy!

Continue reading "Risks for Accidents in Montgomery Up with Cinco de Mayo: Fiesta Responsibly" »

Prom is right around the corner and students and faculty members with the University of Alabama are reaching out to high school students in the state to talk about the importance of safety and safe driving habits during this time.

Within these presentations, students are exposed to a short film in which a high school student gets involved in an alcohol-related car accident. The teen isn't the driver, but the other car involved in the wreck is driven by an intoxicated driver. The intoxicated driver slams into the teen's vehicle, and even after roughly 40 surgeries her body remains nearly unrecognizable. It's a very real truth, alcohol-related car accidents in Montgomery and elsewhere. These presentations were formatted to help ensure that these students work together to help keep our roadways alcohol free during this year's prom season.

Our Montgomery car accident lawyers understand that there is an alcohol-related fatality every 33 minutes. According to the Times Daily, an alcohol-related injury happens in the United States every 2 minutes. A number of safe driving advocates and law enforcement officials throughout the state are reaching out to these young drivers, hopefully before it's too late. We ask that parents get in on the action and talk with the teens in their family about the risks associated with prom night and the graduation season. Alcohol and drug use are a common factor in motor vehicle accidents on our roadways during this time of year. Talk with your teen to make sure that they understand the consequences of poor decisions and automobile accidents during this time of the year.

"Driving is a privilege, not a right, and parents need to set certain limits to ensure their teens stay safe," added Barbara Harsha, executive director of the Governors Highway Safety Association (GHSA).

ABC31 is here to offer parents with some simple tips to help kick off the safety conversation before their teen's big night. Talking with teens may be the best way to help raise awareness and keep them safe on our roadways.

Prom Safety Tips:

-Make sure that you know your teen's detailed itinerary for the big night's plans. Know the venues they'll be at, the time's they'll be there and contact information should you need to get a hold of them.

-Know what they're doing after prom. If it involves a friend's house, call their parents to make sure alcohol and other drugs will not be involved.

-Be sure to establish a curfew.

-Know the names and contact information of everyone your kid will be with. Talk to their parents as well to make sure everyone's on the same page.

-Establish "check-in" times.

-Provide your teen with a backup plan, or a way to get home safely, should they need. Offer a safe out for them.

-Insist your teen calls home and reports back any changes in the itinerary, should there be any.

Continue reading "Prom Season and Car Accidents in Montgomery " »

Healthcare is expensive. And if you have been in a car accident in Montgomery, you understand how stressful it can be to be forced to pay for injuries you sustained because of the fault of someone else.

Our team of experienced Montgomery injury attorneys can help you understand your rights and give you the guidance and support in your case.

Armisted v. State Farm is a recent Sixth Circuit personal injury case that explains the law surrounding no-fault benefits. This case involves a joint action by plaintiffs who were seriously injured in separate actions. They sued their no-fault insurance company, State Farm, alleging that State Farm had improperly decreased the amount of monthly benefits they were entitled to.

The six collective plaintiffs were involved in separate car accidents, and did not have their initial negotiations together. These plaintiffs all suffered catastrophic traumatic brain injuries as a result of their car accidents. These injuries left the plaintiffs home bound with the alleged necessity of in-home care. At differing times, plaintiffs all signed settlement agreements with State Farm where State Farm agreed to pay a specific amount for a specified time that the plaintiffs would receive home attendant care service. Although the hourly cost State Farm was paying was very high, State Farm completed its payment obligations to each plaintiff for the duration of their agreement.

Once the definite period was over, State Farm felt the amount they were paying was excessive so they conducted a market survey regarding costs of home attendant care. Upon finding that they were paying excessive plaintiff benefits, State Farm lowered the amount they were paying. Plaintiffs then sued State Farm asking the court to make State Farm pay the original amount agreed to in the settlement offer.

State Farm was not obligated to pay that high amount after the duration originally specified. Thus State Farm asked plaintiffs to provide them with evidence of the amount being paid for this home service and explained it would compensate plaintiffs for the exact amount that the home care was costing.

An insurance company needs evidence of the nature and extent of any policyholder's injuries before it can continue to pay benefits. Also, an insurance company is only responsible for paying what is reasonable for the costs of healthcare and medical aid. For these reasons, State Farm was not justified in paying the higher rate of benefits.

State Farm asked for documentary evidence from the plaintiffs; however, upon advice from their respective attorneys, plaintiffs would not provide any proof of the cost of in home service or even proof that they were receiving this service at all.

The court in this case explains the applicable law. In determining whether expenses are allowable and covered by the laws governing no-fault statutes, the jury is responsible for evaluating the evidence and making a determination. Plaintiffs hold the burden of proving the medical conditions and treatment to support their entitlement to no-fault benefits. The benefits are not determined at the time of the injury, but at the time that the medical service was performed. In order to receive no-fault benefits a plaintiff must prove that they actually received medical care, the amount of the care was reasonable, and that the medical services and expenses were reasonably necessary.

It was emphasized that the present societal norm is that payment for services is reliant on documentation surrounding the rendered services. Because the plaintiffs failed to provide proof of this in home care, the court found in favor of State Farm.

Continue reading "Alabama Personal Injury Case: Armisted v. State & the Importance of Proving Expenses" »

As we recently reported on our Alabama Injury Lawyer Blog, teenage girls across the country face the highest risks for distracted driving-related car accidents.

They're more likely than any other age group to get into one of these accidents. But drivers in every age group face serious risks for distraction-related collisions. Distracted driving has become such a wide-spread problem on our roadways that everyone is at risk. As a matter of fact, officials estimate that about a quarter of all roadway accidents involve a distracted driver.

For that reason, safe driving advocates and our Montgomery car accident lawyers are recognizing April as National Distracted Driving Awareness Month 2012. Every April, the entire month is used to help spread the word about the risks that are associated with these poor driving habits and to get drivers to pledge to curb distractions. We're urging drivers to take the pledge this April and help increase roadway safety nationwide.

In 2010, there were approximately 3,000 people who were killed in distraction-related car accidents, according to the National Safety Council (NSC). Officials believe that this number is actually much higher as they believe that distractions are not accurately reported. What is most commonly reported as a distraction in these kinds of accidents are cell phones. It's time to change our driving habits, make roadways safer and help to save lives!

"It's time to start changing the social acceptance of cell phone use while driving," said Janet Froetscher, president and CEO of the NSC.

The problem isn't that drivers don't understand the dangers associated with distracted driving, because most do. The problem is that drivers continue to use their cell phones and other electronic devices while navigating our roadways. This April is the time to take the pledge to curb the distractions and to help put a stop to these needless tragedies. The NSC has laid out the following pledge to help you get going. Urge friends and family members to join you!

Make the Pledge:

-Pledge to turn off/silence the cell phone. Keep phones, text messaging devices and other electronics out of the driver's seat. There's a time and place for everything. When you're behind the wheel, it's time to drive and drive only. Calls and texts can wait.

-If you happen to be riding with a driver who is engaging in needless distractions, speak up. Don't allow someone else to jeopardize your life, their life and the safety of our roadways.

-Talk about this problem with friends and family members. Urge everyone you know to join in and to take the pledge. Your recruits can help to save lives.

Continue reading "Distraction-Related Accidents in Montgomery: Pledge for Safer Roadways" »

Truck accidents are by far the most dangerous types of accidents because trucks can cause such serious damage. It is important for companies to be careful in their hiring of truck drivers because one second of negligence by a truck-driver can cost someone their life.

Our Birmingham injury attorneys have helped those who have been involved in these Birmingham truck accident cases.

Recently the Florida Supreme Court heard a case involving a vehicle-truck collision. Kitroser et al. v. Hurt, et al., No. SC11-25 (Fla.Mar. 22, 2012). It all occurred because a truck-driver, Dale Dickey ("Dickey"), was driving a commercial truck negligently causing a collision with Rhina Castro Lara ("Lara"). Dickey was an employee of Airgas Carbonic, Inc. ("Airgas"). Airgas was incorporated outside of the state of Florida but they had a satellite facility within the state of Florida. It was at this facility that Dickey was trained and supervised in his capacity as a truck driver.

Unfortunately, Lara died as a result of her injuries in this vehicle-truck collision. Upon investigating, Lara's estate ("Kitroser") found information surrounding the hiring and supervising of Dickey. Because of this Kitoser then sued Dickey, Airgas, and five Airgas employees for negligence in the Florida county where the accident occurred.

Victim's estate alleged that the Airgas employees working at the Florida office, had knowledge of Dickey's bad driving record when they decided to hire him. Because Airgas hired a dangerous driver as a commercial truck driver, Kitoser argued that Airgas and the Airgas employees involved were liable for negligence.

The Airgas employees agreed that they were present at the Florida facility and that they were involved in training Dickey. However, they countered Kitoser's claims, stating two arguments against the Florida court's jurisdiction over them. First they argued that a Florida court did not have personal jurisdiction over them because they were out-of-state residents. The Airgas employees then argued that even if the court found that argument to fail, a Florida court should not hear the case because of the corporate shield doctrine.

Personal jurisdiction is the power a court has to make decisions that bind you to its ultimate decision. Usually the courts that will have jurisdiction over you are the courts in the state and county where you reside, where you own property, where you are served with notice of a cause of action, or where you consent to allow jurisdiction. The reason for these types of restrictions on jurisdiction is so that each person has an opportunity to be close to their adversarial proceedings in order to avoid inconvenience to parties and witnesses.

Because the employees were present in the state of Florida and they negligently hired Dickey within said state, the court here cited the well established rule. A state's court system can have jurisdiction over a non-state resident where this person commits civil negligence within the state.

The corporate shield doctrine was the second assertion against personal liability that the employees argued. This doctrine protects employees from lawsuits arising in the state where the corporation is headquartered but where the employees have not been. Because the facts of this case are the opposite, this argument was dismissed.
For the reasons above, the court here held that it had personal jurisdiction over non-resident employees who were negligently fulfilling their job functions.

This case really shows that although every state is controlled by similar dictates, they vary in interpretation. The United States judicial system is divided by county, state, district and circuit. Because of this, it is important to be sure which court will hear your case. Especially in accidents where there is a corporation and driver involved, it is important to get the right information from a reliable attorney.

Continue reading "Negligence and Out of State Drivers: Alabama Courts Rule in Kitroser v. Hurt " »

Teenage girls are twice as likely as teenage boy drivers to use cell phones, text messaging devices and operate other electronic devices behind the wheel of a motor vehicle, according to a recent AAA Foundation for Traffic Safety study.

The study looked at the driving habits of 50 families in North Carolina and examined the likelihood of teen drivers to engage in distractions, according to US NEWS. Although electronic devices were the most common distraction noted by researchers, all distractions significantly contributed to the heightened risks of a car accident in Alabama and elsewhere.

Our Alabama car accident lawyers understand that this new study is really beneficial in looking at which teens are engaging in distractions behind the wheel. We must continue to examine these accidents as traffic collisions continue to be the number one cause of death for teenagers in the country. Parents can help to enforce household rules to help keep these young drivers' eyes on the road. Make sure to have strict and clear rules regulating your teen driver's behavior behind the wheel. Enforce these rules and stick to the consequences for breaking these rules!

The use of electronic devices is, to no surprise, the number one cause of distraction among these young drivers. These kinds of distractions were found in about 7 percent of all of the video clips. These young drivers were also likely to groom themselves, drink, eat and adjust controls behind the wheel.

The study also concluded that older teen drivers were more likely to engage in distractions behind the wheel than younger teen drivers. Researchers believe that as teen drivers get more and more familiar and comfortable at the wheel, they are more likely to engage in dangerous driving behaviors.

AAA Findings:

-Teen girl drivers are twice as likely as male teen drivers to use an electronic device, like a cell phone or text messaging device while driving.

-Teen girls are much more likely to engage in various distracting behaviors behind the wheel.

-Teen girls are way more likely than teen boys to reach around for an object in the back of the car.

-Teen girls are about 25 percent more likely than teen boys to eat and drink behind the wheel.

-Boys were likely to turn around in the vehicle and speak with individuals who were on the outside of the vehicle.

With these findings, parents are urged to talk with the teen drivers in their lives about proper road safety. Safety should be a top concern and frequent conversation in the household should be a priority. Talking with your teen driver could potentially help to save their life. Teaching young drivers good habits early on will help to pave the way for safe driving habits for a lifetime.

Continue reading "Birmingham Car Accidents: Teen Girls More Prone to Distraction" »

Manufacturers are just not making products like they used to. This is seen with the rising number of product liability cases in the courts. Our experienced Montgomery product liability attorneys understand the intricacies involved in these cases, and we can help you get the results you deserve.

Negligent manufacturers should not be able to get away with lower safety standards in the design and manufacturing of their products because by allowing this we are feeding into this negative cycle of faulty production. Do not be intimidated to file your Montgomery product liability case.

Linden, Jr. v. CNH America is an appeal that arose because a man was injured when he was thrown off of a bulldozer. Upon falling off, the bulldozer fell on his legs causing serious injuries. Plaintiff sued the manufacturer of the seatbelt in the bulldozer, Indiana Mills & Manufacturing, Inc. ("IMMI") and the manufacturer of the bulldozer, CNH America, LLC ("CNH"). He claimed that the seatbelt had a defective design, manufacturing defect and insufficient warnings.

The initial court cited Iowa statute that held that where there is a faulty component part manufactured by one manufacturer but incorporated into another product, the manufacturer that used the faulty product as a component part can be held liable.

IMMI manufactured the seatbelt that was used as a component part in the manufacturing of the bulldozer by CNH. Because of the Iowa statute discussed above, CNH was held liable for any injuries that resulted because of a faulty product manufactured by IMMI.

Thus in plaintiff's case against CNH, the court discussed the intricacies of manufacturing and design defects. The court then dismissed the plaintiff's manufacturing defect claim and the jury in the case granted a directed verdict for the defendant on the claims of insufficient warnings and design defect. Plaintiff appealed this decision and arguing that the court erred in their jury instructions as well as in their finding.

The higher court in Linden discusses the appropriateness of the jury instructions in the original trial. The court had instructed the jury regarding the sophisticated user doctrine and the plaintiff argued, that the court failed to give a specific standard regarding negligence for the faulty seatbelt.

The sophisticated user doctrine is used to establish a manufacturer's duty to warn product users of potential dangers associated with the use of their products. Under this theory, a manufacture does not have a duty to warn users of their product if the user knows or should know of the potential dangers involved in using the product. This is most commonly seen where the product user is a professional and would be assumed to know the characteristics of the product.

Because in this case the plaintiff was a professional bulldozer driver, the court found that they jury instruction which led to the discussion of this standard was adequate. The seatbelt is considered part of the bulldozer. Therefore, it could be assumed that a professional bulldozer driver would understand the faulty nature of the bulldozer seatbelt.

This court found that the logic was reasonable in the jury instructions and the plaintiff failed to provide the appropriate evidence to support his contention of manufacturer's duty.

Product liability can seem complex but with the right attorney, you can present the right evidence and prove your case.

Continue reading "Alabama Product Liability: Linden, Jr. v. CNH America Explains The Sophisticated User Doctrine " »

An 87-year-old man was killed in a Birmingham car accident on Interstate 65 and Finley Boulevard as the driver of the vehicle attempted to avoid road debris, according to Alabama Live.

The Jefferson County Coroner's Office reports that the elderly man and his wife were heading to Ohio from a vacation that had taken in Florida when they got into the four-vehicle accident. According to Deputy Coroner Bill Yates, a ladder fell off of a truck and ended up lying in the road. The man's wife, who was driving their van, slowed down to avoid the ladder. As she slowed the vehicle, a truck slammed into the back of their vehicle and threw their van into the car in front of them. The man was sitting in the middle row of the vehicle. He was transported to the University of Alabama hospital where he was later pronounced dead.

Our Alabama car accident lawyers understand that elderly drivers (those over the age of 65) make up only about 13 percent of the U.S. population. Still, there were nearly 185,000 elderly individuals injured in car accidents in 2008. Nearly 5,300 were killed. This age group accounted for nearly 10 percent of all of the people who were injured in traffic-related accidents throughout the year. What's even worse is that they accounted for nearly 20 percent of all recorded traffic fatalities, nearly 15 percent of all vehicle occupant fatalities and nearly 20 percent of all pedestrian fatalities, according to the National Highway Traffic Safety Administration (NHTSA).

What happened to this couple is heart breaking, as the wife was simply trying to avoid hitting the ladder on the road in an effort to keep them both safe. According to AAA, between 80 and 90 people are killed every year in car accidents that are caused by road debris. Debris causes nearly 30,000 car accidents every year. Luckily, there are tips that we all can use to help prevent accidents like these.

The most common types of road debris:

-Garbage from waste haulers.

-Tire treads.

-Construction supplies.

Tips to avoid a road debris-related traffic accident:

-Be sure to secure the cargo on your own vehicle before hitting the road. Check this cargo every time you stop.

-If you see an unsafe vehicle, road debris or unsecured loads, report it!

-Make sure your defensive driving habits are in top-notch shape.

-Always follow other vehicles at a safe following distance. The closer you follow another car, the less time you have to react to a potential hazard.

-Focus further down the road so you have more time to react.

-Sometimes it's safer just to run over debris instead of swerving around it.

-Know exactly where the cars are that are traveling near you at all times.

Continue reading "Fatal Birmingham Car Accident Caused by a Ladder in the Road" »

Lawsuits are guided by time-frames. When to file motions, when to sue, when to depose witnesses. This complicated process is guided by State and Federal statutes that provide clear time-frames for legal actions. Hiring an Alabama injury attorney dedicated to personal injury and wrongful death work can help ensure your law firm is aware of specific deadlines and the various intricacies of law.

Because of these complicated guidelines, it is important to hire a dedicated attorney to inform you properly of the laws and how they affect you. In a recent decision regarding a personal injury and product liability case, personal injury case, Mills v. Fulmarque, state statute ambiguity was contested when due to faulty office furniture a man was injured when he fell off of his chair at work.

Calvin Mills, the victim, sued both his employer and the seller of the faulty chair. After two years of legal filings, the co-defendants attempted to add to the litigation the manufacturer of the office equipment under a theory of comparative fault. Basically they contended that the manufacturer, the seller and the employer were all partially responsible for the injury to the victim. This action created such a problem that it led this personal injury case all the way to the state Supreme Court.

The complication in this case arose because when the co-defendants tried to add the manufacturer, the statute of limitations had run and it was too late to add any other parties to the litigation. This left the negligence of an at-fault party unpunished. The state Supreme Court clarified the time-frame ambiguity in the Tennessee state statute by finding that where it states that, "a cause of action for injuries to the person must commence within one (1) year after the cause of action," additional defendants cannot be added after the one year statute of limitations has run. Tenn. Code Ann. §28-3-104(a)(1)(2000). This decision by the court prevented the victim from obtaining recovery from the manufacturer of the faulty office furniture. Because the victim's attorney failed to properly identify all of the potential at- fault parties, Mills was denied his opportunity to recover damages for the injuries he sustained at the hands of another party's negligence.

When you have been injured and are involved in a lawsuit, it is very important to have an attorney who knows the law and can get the right things done in the short time-frame you have. Getting it right the first time is essential because it otherwise can limit the recovery to which you are entitled. In Mills, the victim's attorney failed to properly investigate the injury and potential defendants and as a result, the victim was not able to receive the justice he deserved. Mills would have been able to seek remedies had there been more time. However, as is the case with all litigation, the rules regarding time-limits are strictly applied. If a claim is not filed within the designated time against the right parties, you can lose your rights to sue and obtain the remedies you deserve.

Although the following topic is not a central concept in the Mills case, it is important to recognize. Deciphering fault and the choosing who to sue is a strategic decision that is dependent on the laws within your state. In identifying the negligent parties that contributed to an injury, you need an attorney who knows how Alabama classifies fault and what possible defenses are available to the negligent parties. States vary on which doctrines they follow, such as comparative negligence, contributory negligence or assumption of the risk.

Continue reading "Alabama Personal Injury: Mills v. Fulmarque Shows That It Is All About Timing" »

A popular child's play seat is coming under fire by safety advocates, who say it does not stand up to the minimum standards needed to prevent child injury in Alabama.

It's called the Bumbo Baby Sitter, though parents should take heed that the seat should never be used while the child is unattended.

While there hasn't been an official recall of the seat since 2007, a number of media outlets are reporting that the seats have been known to have involvement in a number of skull fractures in small children.

Our Birmingham personal injury attorneys know that five years ago, the child seat was recalled because there was no warning label telling parents not to use the seats on a raised surface.

Still, even after a warning was printed on the side of the seats, injuries continue to happen - sometimes with parents seated right next to their small children.

The Bumbo seats are made by Bumbo International, a company based in South Africa. Bumbo maintains that the chairs are safe when used the way they are intended.

There have been more than 50 reports to the Consumer Products Safety Commission of infants who fell out of the Bumbo seat even when the chair was on the floor. One of those infants suffered a concussion, and two had skull fractures.

All total, at least 17 infants have fallen victim to serious head injuries while being seated in the Bumbo. Of those, 14 occurred in seats that had the new warning label printed.

For those who may not have seen these seats, they a popular item on baby gift registries. According to San Francisco ABC 7 News, about 4 million of these seats have been sold in the U.S. The design of the seat allows even small infants to sit upright, and is made of foam. There are no straps in the chair, which is molded to allow the child to sit unrestricted.

However, this lack of restraints is apparently part of the problem.

Now for the second time in five years, the government is warning that these seats may pose a significant danger to small children. Some child safety advocates want the product removed from the market entirely. No recall has been issued, but a spokesman for the Consumer Product Safety Commission was quoted by the California news station as saying that it is a definite concern as a potential hazard, simply because of the number of children who have been hurt using it.

In one instance, the father of an infant said he had placed the baby in the Bumbo seat on the kitchen table, and sat down right next to him. The father said his son arched his back, the Bumbo seat tilted and the boy fell onto the floor, cracking his head on the tile floor.

The baby was taken by helicopter to a nearby hospital, where he had to undergo emergency surgery to save his life.

The boy did eventually recover, though his parents continue to monitor his development for signs of permanent brain damage.

Continue reading "Bumbo Seat Could Cause Child Injury in Alabama" »

Drivers are getting older. That's a fact. According to the American Automobile Association, 25 percent of drivers on U.S. roadways will be over the age of 64 within the next 10 years. AAA offers these elderly drivers tips to safely navigate the roads and help to reduce the risk of a potentially fatal car accident in Montgomery and elsewhere.

According to Jon Bridges, the event coordinator at Asbury United Methodist Church, AAA classes are now being taught at her location and are available to the public. Defensive driving classes are offered every other month in the church's spare rooms. Drivers of all ages are encouraged to join in the classes, even though this course targets older drivers.

"We're available to the community, and we like to be part of the community," Bridges said.

Our Montgomery car accident attorneys believe it's important to take advantage of all the available safety precautions to keep our roadways safe, including participating in safe driving courses. Taking the time to brush up on your driving skills can be truly beneficial. Elderly drivers may also find the class useful in helping them to stay up-to-date with road laws and new car technologies.

The baby boomer generation is a huge group of people, and they make up a large chunk of our drivers. The safer this population can be behind the wheel, the safer the rest of us can be, too. It's a joint effort.

According to ABC31, elderly drivers are encouraged to check out the Safe Driving for Mature Operators driving course. In Alabama, car insurance companies offer safe-driving discounts to drivers over the age of 54 that have completed the class. It's that simple. Finish the class and show the completion certificate to your insurance agent to discuss lower policies.

Bridges says that as soon as he reaches 55, you better believe he'll be in the class so that he can not only be a safer driver on our roadways, but so that he can save some money on his insurance policy, too.

Clay Ingram, AAA spokesperson in Alabama, says the class certification and discount is good for three years. It can vary from company to company, but drivers will see an average of a 5 to 10 percent discount for each of those three years.

According to the AAA Roadwise Review, elderly drivers are able to focus on driving techniques they need to improve by taking an online quiz. Seniors can also use CarFit to make sure elderly drivers are fitting properly and comfortably into their vehicle.

The next class will be held in March at the Asbury United Methodist Church.

Continue reading "New Course Helps Elderly Drivers Reduce Risks of Alabama Car Accidents" »