Seeking Legal Help for Diabetic Ketoacidosis

via Tumblr hobbsr04.tumblr.com/post/130229631462 Certain diabetes medications can result in diabetic ketoacidosis, a condition of too much acid in the blood. Some users of SGLT2 inhibitors have developed ketoacidosis, which can be accompanied by insulin deficiency, hyperglycemia, and dehydration. These conditions can be painful, and treating them can be expensive. If you’ve suffered from diabetic ketoacidosis due to SGLT2 inhibitors, you may have an injury claim. So what does a pharmaceutical injury claim look like, and where do you go for legal help? Who Can You Sue for Diabetic Ketoacidosis? Legal claims based on injuries from medications are generally product liability lawsuits. Pharmaceutical companies have a duty to appropriately test the drugs and medicines before releasing them into the market, and can be held liable for injuries caused by defective drugs. Drug manufacturers also have a duty to warn consumers about dangerous side effects. In the case of SGLT2 inhibitors, the FDA has identified “difficulty breathing, nausea, vomiting, abdominal pain, confusion, and unusual fatigue or sleepiness” as the symptoms of ketoacidosis. What Can You Recover? The damages in an injury case will depend on the extent of your harm. In general, medical expenses, treatment of injuries, and lost wages are available for recovery. It’s possible that you could be reimbursed for hospitalization due to treatment of ketoacidosis, and any time you were forced to miss work. In most cases, you will be asked to provide details regarding your medical expenses. A damages estimate worksheet can help you assess your possible damages. Who Should You Contact? There are quite a few things that a personal injury lawyer can do that you probably can’t. From investigating your claim and knowing what you’ll need to prove in court to negotiating a settlement and taking your case to trial if necessary, an experienced injury attorney will be able to guide you through the stages of your personal injury claim. If you’ve suffered from diabetic ketoacidosis, you should contact an experienced personal injury attorney today. Related Resources: Injured by diabetes medication? Get your claim reviewed by an attorney for free. (Consumer Injury) Injured by Diabetes Medication? (FindLaw’s Injured) Preparing a Product Liability Case (FindLaw) 5 Things to Look for In a Personal Injury Lawyer (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/09/seeking-legal-help-for-... via Blogger hobbsr04.blogspot.com/2015/09/seeking-legal-help-for-diab...

via Flickr http://www.flickr.com/photos/87814799@N02/21660484320

Seeking Legal Help for Diabetic Ketoacidosis

Certain diabetes medications can result in diabetic ketoacidosis, a condition of too much acid in the blood. Some users of SGLT2 inhibitors have developed ketoacidosis, which can be accompanied by insulin deficiency, hyperglycemia, and dehydration.

These conditions can be painful, and treating them can be expensive. If you've suffered from diabetic ketoacidosis due to SGLT2 inhibitors, you may have an injury claim. So what does a pharmaceutical injury claim look like, and where do you go for legal help?

Who Can You Sue for Diabetic Ketoacidosis?

Legal claims based on injuries from medications are generally product liability lawsuits. Pharmaceutical companies have a duty to appropriately test the drugs and medicines before releasing them into the market, and can be held liable for injuries caused by defective drugs.

Drug manufacturers also have a duty to warn consumers about dangerous side effects. In the case of SGLT2 inhibitors, the FDA has identified "difficulty breathing, nausea, vomiting, abdominal pain, confusion, and unusual fatigue or sleepiness" as the symptoms of ketoacidosis.

What Can You Recover?

The damages in an injury case will depend on the extent of your harm. In general, medical expenses, treatment of injuries, and lost wages are available for recovery. It's possible that you could be reimbursed for hospitalization due to treatment of ketoacidosis, and any time you were forced to miss work.

In most cases, you will be asked to provide details regarding your medical expenses. A damages estimate worksheet can help you assess your possible damages.

Who Should You Contact?

There are quite a few things that a personal injury lawyer can do that you probably can't. From investigating your claim and knowing what you'll need to prove in court to negotiating a settlement and taking your case to trial if necessary, an experienced injury attorney will be able to guide you through the stages of your personal injury claim.

If you've suffered from diabetic ketoacidosis, you should contact an experienced personal injury attorney today.

Related Resources:

• Injured by diabetes medication? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Injured by Diabetes Medication? (FindLaw's Injured)
• Preparing a Product Liability Case (FindLaw)
• 5 Things to Look for In a Personal Injury Lawyer (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/09/seeking-legal-help-for-diabetic-ketoacidosis.html

Can I Get Workers' Comp for Telecommuting Injuries?

via Tumblr hobbsr04.tumblr.com/post/130150341172 Workers’ compensation insurance is designed to pay for time lost due to workplace injuries. But with advances in technology, the workplace has expanded to cover far more territory than the office. So what happens if you’re injured while working from home or on the road? Can workers’ compensation cover injuries suffered while telecommuting? Is My Home Office Just Like My Real Office? For the most part, any injury that arises out of or during the course of employment is eligible for workers’ compensation. As long as you were doing something on behalf of your employer or otherwise in the course of employment, your injury will probably be considered work-related. This can include injuries sustained out of the office, if you were doing something connected to your job. While there aren’t many cases involving telecommuting injuries, those that do exist have sided with employees. Professors who have slipped on papers in their home office, interior decorators who have tripped over their dogs while viewing samples in their garage, and even a woman assaulted while making lunch in her kitchen have all been found to have workplace injuries that qualify for workers’ comp. Is My Injury Compensable? Telecommuting injuries can be the same as you’d suffer in an office. Neck pain, back injuries, stress, migraines, and repetitive motion injuries can all occur in your home, and may be compensable under workers’ comp. In any possible workers’ compensation scenario you should report the injury to your employer, in writing if possible, and document as much of your injury as you can. Your employer should give you a claims form, which you need to complete and return as soon as possible. Your employer should then file the claim form with its workers’ compensation insurance company and arrange for payment of your workers’ comp benefits. If your employer doesn’t carry workers’ comp coverage or hasn’t filed your claim properly, or if your workers’ comp claim has been denied, you should talk to an experienced workers’ compensation attorney about your case. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) What Types of Injuries are Compensable Under Workers’ Compensation? (FindLaw) Workers’ Compensation: Can I Sue My Employer Instead? (FindLaw) Workers’ Comp or Disability for Workplace Injuries? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/09/can-i-get-workers-comp-... via Blogger hobbsr04.blogspot.com/2015/09/can-i-get-workers-comp-for....

via Flickr http://www.flickr.com/photos/87814799@N02/21632090519

Can I Get Workers' Comp for Telecommuting Injuries?

Workers’ compensation insurance is designed to pay for time lost due to workplace injuries. But with advances in technology, the workplace has expanded to cover far more territory than the office.

So what happens if you’re injured while working from home or on the road? Can workers’ compensation cover injuries suffered while telecommuting?

Is My Home Office Just Like My Real Office?

For the most part, any injury that arises out of or during the course of employment is eligible for workers’ compensation. As long as you were doing something on behalf of your employer or otherwise in the course of employment, your injury will probably be considered work-related. This can include injuries sustained out of the office, if you were doing something connected to your job.

While there aren’t many cases involving telecommuting injuries, those that do exist have sided with employees. Professors who have slipped on papers in their home office, interior decorators who have tripped over their dogs while viewing samples in their garage, and even a woman assaulted while making lunch in her kitchen have all been found to have workplace injuries that qualify for workers’ comp.

Is My Injury Compensable?

Telecommuting injuries can be the same as you’d suffer in an office. Neck pain, back injuries, stress, migraines, and repetitive motion injuries can all occur in your home, and may be compensable under workers’ comp.

In any possible workers’ compensation scenario you should report the injury to your employer, in writing if possible, and document as much of your injury as you can. Your employer should give you a claims form, which you need to complete and return as soon as possible. Your employer should then file the claim form with its workers’ compensation insurance company and arrange for payment of your workers’ comp benefits.

If your employer doesn’t carry workers’ comp coverage or hasn’t filed your claim properly, or if your workers’ comp claim has been denied, you should talk to an experienced workers’ compensation attorney about your case.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• What Types of Injuries are Compensable Under Workers’ Compensation? (FindLaw)
• Workers’ Compensation: Can I Sue My Employer Instead? (FindLaw)
• Workers’ Comp or Disability for Workplace Injuries? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/09/can-i-get-workers-comp-for-telecommuting-injuries.html

Teacher Torts: Are Educators Liable for Student Injuries?

via Tumblr hobbsr04.tumblr.com/post/130131174172 Teachers are responsible for children’s education. But are they legally liable when a child is injured at school on their watch? Well, it depends on where and how the injury occurred, the teacher’s actions or inaction, and the evidence on the whole. Just like anyone else, teachers are only responsible for torts if all the elements of negligence are proven. Remedy for Wrongs A tort is a wrong action that results in an injury to another person’s body, property, or reputation. The word “tort” stems from the Latin word tortus, meaning twisted, crooked, or dubious. In that spirit, tort law is the body of rights, obligations, and remedies applied by courts in civil lawsuits to provide relief for wrongs caused by another. Negligence is the legal theory used in torts cases. To show that negligence occurred, you have to prove four elements: duty, breach, causation, and damages. In order to prove a tort, or a wrong, all four elements of negligence must be shown. Failure to prove even one element is fatal to a personal injury lawsuit. Four Elements of Negligence 1. Duty — A duty of care was owed the plaintiff by the defendant. As members of a society, we all owe each other a duty of care when acting in ways that may endanger another, such as driving. As such, in the school context where teachers are tasked with training students, it is difficult to argue that a teacher does not owe pupils a duty of care. 2. Breach — The defendant breached the duty of care owed to the plaintiff by doing or not doing something that a reasonably prudent person would have done in the same or similar circumstances. If a reasonably prudent teacher would take certain measures to avoid child injury and the educator-defendant in a tort case failed to do as much, the breach element is proven. 3. Causation — The defendant caused the injury directly or indirectly. A teacher may be the cause of child injury because of something the educator actually did, or through a failure to protect that a reasonably prudent person would have undertaken. But note that not everything that happens at school is in the hands of teachers and administrators. If a child is injured at school due to lightning striking twice on the jungle gym, the educator cannot be considered the direct or proximate cause of the act of nature. However, if a child is injured by another child, a teacher’s actions or inactions may be considered the proximate, or indirect, cause of injury. 4. Damages — The plaintiff must experience an actual compensable injury that can be remedied with damages. If there is no compensable harm to a child - no medical expenses, say - there may be no negligence claim. Injury alone is not enough. Putting It all Together If a plaintiff-student shows that a defendant-teacher owed a duty of care that was breached and resulted in compensable injury, then negligence is proven. But the teacher is just a starting point. Schools and districts may also be held responsible and whether or not you can target them will depend on whether the school is public or private. Whoever is involved and in whatever context — whether or not educational — personal injury suits are complicated. Speak to an attorney who can guide you beyond the basics discussed here. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) NY Teacher Sues School for First Grade Fighter (FindLaw’s Injured) School Safety Legal Issues (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/teacher-torts-are-educa... via Blogger hobbsr04.blogspot.com/2015/09/teacher-torts-are-educators...

via Flickr http://www.flickr.com/photos/87814799@N02/21799470612

Teacher Torts: Are Educators Liable for Student Injuries?

Teachers are responsible for children’s education. But are they legally liable when a child is injured at school on their watch?

Well, it depends on where and how the injury occurred, the teacher’s actions or inaction, and the evidence on the whole. Just like anyone else, teachers are only responsible for torts if all the elements of negligence are proven.

Remedy for Wrongs

A tort is a wrong action that results in an injury to another person’s body, property, or reputation. The word “tort” stems from the Latin word tortus, meaning twisted, crooked, or dubious. In that spirit, tort law is the body of rights, obligations, and remedies applied by courts in civil lawsuits to provide relief for wrongs caused by another.

Negligence is the legal theory used in torts cases. To show that negligence occurred, you have to prove four elements: duty, breach, causation, and damages. In order to prove a tort, or a wrong, all four elements of negligence must be shown. Failure to prove even one element is fatal to a personal injury lawsuit.

Four Elements of Negligence

1. Duty — A duty of care was owed the plaintiff by the defendant. As members of a society, we all owe each other a duty of care when acting in ways that may endanger another, such as driving. As such, in the school context where teachers are tasked with training students, it is difficult to argue that a teacher does not owe pupils a duty of care.

2. Breach — The defendant breached the duty of care owed to the plaintiff by doing or not doing something that a reasonably prudent person would have done in the same or similar circumstances. If a reasonably prudent teacher would take certain measures to avoid child injury and the educator-defendant in a tort case failed to do as much, the breach element is proven.

3. Causation — The defendant caused the injury directly or indirectly. A teacher may be the cause of child injury because of something the educator actually did, or through a failure to protect that a reasonably prudent person would have undertaken. But note that not everything that happens at school is in the hands of teachers and administrators. If a child is injured at school due to lightning striking twice on the jungle gym, the educator cannot be considered the direct or proximate cause of the act of nature. However, if a child is injured by another child, a teacher’s actions or inactions may be considered the proximate, or indirect, cause of injury.

4. Damages — The plaintiff must experience an actual compensable injury that can be remedied with damages. If there is no compensable harm to a child - no medical expenses, say - there may be no negligence claim. Injury alone is not enough.

Putting It all Together

If a plaintiff-student shows that a defendant-teacher owed a duty of care that was breached and resulted in compensable injury, then negligence is proven. But the teacher is just a starting point. Schools and districts may also be held responsible and whether or not you can target them will depend on whether the school is public or private.

Whoever is involved and in whatever context — whether or not educational — personal injury suits are complicated. Speak to an attorney who can guide you beyond the basics discussed here.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• NY Teacher Sues School for First Grade Fighter (FindLaw’s Injured)
• School Safety Legal Issues (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2015/09/teacher-torts-are-educators-liable-for-student-injury.html

Can I Get Disability for Seasonal Affective Disorder?

via Tumblr hobbsr04.tumblr.com/post/130078293962 As spectacular as fall can be, for some it’s merely a countdown to winter: short days, long nights, little sunlight, and a lot of cold. Sufferers from seasonal affective disorder (SAD) are especially dreading the coming months, when difficulty waking up, lack of energy, and dietary symptoms make winter anything but a wonderland. Obviously these symptoms can affect how we work, and sometimes whether we can work at all. But does that mean you can get disability benefits for seasonal affective disorder? SAD But True Despite initial skepticism that SAD was a legitimate condition, it is now listed in the Diagnostic and Statistical Manual of Mental Disorders as a recurrent major depressive disorder with a seasonal pattern. In addition, a federal court recently ruled that employees suffering from seasonal affective disorder are entitled to reasonable accommodation under the Americans with Disabilities Act (ADA). When elementary school teacher Renae Ekstrand began suffering from SAD symptoms, she requested a move from her windowless classroom. Her principal refused, and she sued the school district for failing to make a reasonable accommodation for her disability. A jury found in Ekstrand’s favor, and the Seventh Circuit Court of Appeals upheld the verdict. But while employers may need to make accommodations for employees with seasonal affective disorders, that may not mean employees are necessarily entitled to disability benefits. The Benefits of Being SAD The Social Security Administration doesn’t list specific disorders that are eligible for disability, but base eligibility for disability benefits is determined by your specific level of impairment and whether the impairment substantially limits obtaining, performing, or keeping a job. It’s possible that a private disability insurance plan could cover SAD, so you should file a claim with your disability insurer. If you don’t have a private disability policy, you can check to see if you are eligible for Social Security Disability. If you need help filing a disability claim, or if your disability claim has been denied, you may want to talk to an experienced disability attorney. Related Resources: Was your disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury) How to Appeal a Disability Insurance Claim Denial (FindLaw) Windowless Offices Bad for Sleep: How to Shine Light on Employees (FindLaw’s Strategist) Disability and Social Security Disability Insurance (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/09/can-i-get-disability-fo... via Blogger hobbsr04.blogspot.com/2015/09/can-i-get-disability-for-se...

via Flickr http://www.flickr.com/photos/87814799@N02/21604422890

Can I Get Disability for Seasonal Affective Disorder?

As spectacular as fall can be, for some it's merely a countdown to winter: short days, long nights, little sunlight, and a lot of cold. Sufferers from seasonal affective disorder (SAD) are especially dreading the coming months, when difficulty waking up, lack of energy, and dietary symptoms make winter anything but a wonderland.

Obviously these symptoms can affect how we work, and sometimes whether we can work at all. But does that mean you can get disability benefits for seasonal affective disorder?

SAD But True

Despite initial skepticism that SAD was a legitimate condition, it is now listed in the Diagnostic and Statistical Manual of Mental Disorders as a recurrent major depressive disorder with a seasonal pattern. In addition, a federal court recently ruled that employees suffering from seasonal affective disorder are entitled to reasonable accommodation under the Americans with Disabilities Act (ADA).

When elementary school teacher Renae Ekstrand began suffering from SAD symptoms, she requested a move from her windowless classroom. Her principal refused, and she sued the school district for failing to make a reasonable accommodation for her disability. A jury found in Ekstrand's favor, and the Seventh Circuit Court of Appeals upheld the verdict. But while employers may need to make accommodations for employees with seasonal affective disorders, that may not mean employees are necessarily entitled to disability benefits.

The Benefits of Being SAD

The Social Security Administration doesn't list specific disorders that are eligible for disability, but base eligibility for disability benefits is determined by your specific level of impairment and whether the impairment substantially limits obtaining, performing, or keeping a job.

It's possible that a private disability insurance plan could cover SAD, so you should file a claim with your disability insurer. If you don't have a private disability policy, you can check to see if you are eligible for Social Security Disability. If you need help filing a disability claim, or if your disability claim has been denied, you may want to talk to an experienced disability attorney.

Related Resources:

• Was your disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• How to Appeal a Disability Insurance Claim Denial (FindLaw)
• Windowless Offices Bad for Sleep: How to Shine Light on Employees (FindLaw's Strategist)
• Disability and Social Security Disability Insurance (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/09/can-i-get-disability-for-seasonal-affective-disorder.html

Do You Walk and Text? Research Shows the Dangers of Distracted Walking

via Tumblr hobbsr04.tumblr.com/post/130063928532 You know better than to text while driving, but what about when walking? Distracted walking accidents are reportedly on the rise. Petextrians – pedestrians who text – are partly to blame. Pedestrian injuries due to cell phone usage are increasing. As we become ever more reliant on the technology, researchers are focusing on unfocused walking. Distraction Nation According to Ohio State University researchers, using data from the National Electronic Injury Surveillance System, from 2005 to 2010, the number of cell-phone-related walking injuries more than doubled to 1,500 – even while pedestrian injuries on the whole dropped. In 2012, University of Washington researchers studied more than 1,100 pedestrians at 20 Seattle intersections. They found that about a third of the people were walking distractedly, i.e. walking while talking, listening to music, or writing email. Similarly, the Georgia Department of Transportation studied 20 busy intersections in that state and found that nearly half of pedestrians were distracted while crossing the street. Electronics accounted for most of the lack of focus, with 26 percent of people wearing headphones, 15 percent texting, and 13 percent talking on the phone. Six percent were engaged in multiple distractions, such as texting and listing to music. Multitasking Takes More Time It doesn’t take a rocket scientist to cross the street, so what’s the big deal? Well, researchers in both studies mentioned above found that distracted walkers took one to two seconds longer to cross. They also forgot basics, like looking both ways and making sure they had the light. The Georgia study noted that the carelessness of the distracted also seems to give more focused folks false confidence. “This may be because they perceived their risk to be lower due to the fact that they were paying attention,” the study’s authors wrote. A sociologist at William Paterson University observed pedestrians at five busy Manhattan intersections found that one quarter of those who crossed when they had the light were distracted by headphones or cell phones. Meanwhile, one half of the walkers crossing against the light were distracted by technology. The Manhattan study noted many near-misses, situations where distracted pedestrians were pushed out of the way of an oncoming vehicle by their fellow walkers. Researchers recommended that the city post warning signs telling people to text before stepping off the curb, just as drivers are advised to pull over when making a phone call. Don’t Be Cellfish Walking can be a very healthy activity. But not when it ends in injury. And it’s not as healthy when done in conjunction with a phone. Pedestrians who walked with their cell phones experienced less of the health benefits of walking, according to Australian researchers. Focus on the phone changes gait and makes it difficult to walk straight. That ends up being a problem for all of us. According to Pew Research Center data from 2014, more than half of all adult cell phone users have bumped into something or someone – or have been bumped – due to distracted walking. That rate rises to 71 percent for 18- to 24-year-olds, an age group notorious for attachment to its tech. So don’t be a cellfish petextrian. Put your phone in your pocket and look both ways when you cross the street. If you are involved in an injury accident for distracted walking, contact an experienced personal injury lawyer for assistance. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Pedestrian Accidents Overview (FindLaw) Pedestrian Accidents on Interstate Highways (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/do-you-walk-and-text-re... via Blogger hobbsr04.blogspot.com/2015/09/do-you-walk-and-text-resear...

via Flickr http://www.flickr.com/photos/87814799@N02/21166214793

Do You Walk and Text? Research Shows the Dangers of Distracted Walking

You know better than to text while driving, but what about when walking? Distracted walking accidents are reportedly on the rise. Petextrians -- pedestrians who text -- are partly to blame.

Pedestrian injuries due to cell phone usage are increasing. As we become ever more reliant on the technology, researchers are focusing on unfocused walking.

Distraction Nation

According to Ohio State University researchers, using data from the National Electronic Injury Surveillance System, from 2005 to 2010, the number of cell-phone-related walking injuries more than doubled to 1,500 -- even while pedestrian injuries on the whole dropped.

In 2012, University of Washington researchers studied more than 1,100 pedestrians at 20 Seattle intersections. They found that about a third of the people were walking distractedly, i.e. walking while talking, listening to music, or writing email.

Similarly, the Georgia Department of Transportation studied 20 busy intersections in that state and found that nearly half of pedestrians were distracted while crossing the street. Electronics accounted for most of the lack of focus, with 26 percent of people wearing headphones, 15 percent texting, and 13 percent talking on the phone. Six percent were engaged in multiple distractions, such as texting and listing to music.

Multitasking Takes More Time

It doesn't take a rocket scientist to cross the street, so what's the big deal? Well, researchers in both studies mentioned above found that distracted walkers took one to two seconds longer to cross. They also forgot basics, like looking both ways and making sure they had the light.

The Georgia study noted that the carelessness of the distracted also seems to give more focused folks false confidence. "This may be because they perceived their risk to be lower due to the fact that they were paying attention," the study's authors wrote.

A sociologist at William Paterson University observed pedestrians at five busy Manhattan intersections found that one quarter of those who crossed when they had the light were distracted by headphones or cell phones. Meanwhile, one half of the walkers crossing against the light were distracted by technology.

The Manhattan study noted many near-misses, situations where distracted pedestrians were pushed out of the way of an oncoming vehicle by their fellow walkers. Researchers recommended that the city post warning signs telling people to text before stepping off the curb, just as drivers are advised to pull over when making a phone call.

Don't Be Cellfish

Walking can be a very healthy activity. But not when it ends in injury. And it's not as healthy when done in conjunction with a phone. Pedestrians who walked with their cell phones experienced less of the health benefits of walking, according to Australian researchers. Focus on the phone changes gait and makes it difficult to walk straight.

That ends up being a problem for all of us. According to Pew Research Center data from 2014, more than half of all adult cell phone users have bumped into something or someone -- or have been bumped -- due to distracted walking. That rate rises to 71 percent for 18- to 24-year-olds, an age group notorious for attachment to its tech.

So don't be a cellfish petextrian. Put your phone in your pocket and look both ways when you cross the street. If you are involved in an injury accident for distracted walking, contact an experienced personal injury lawyer for assistance.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Pedestrian Accidents Overview (FindLaw)
• Pedestrian Accidents on Interstate Highways (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/09/do-you-walk-and-text-research-shows-the-dangers-of-distracted-walking.html

Seattle Duck Boat Crash Kills 4, Injures More

via Tumblr hobbsr04.tumblr.com/post/129857892247 An amphibious Ride the Ducks tour bus collided with a charter bus on Seattle’s Aurora Bridge yesterday, killing four students and critically injured 15 more people. Witnesses reported seeing the duck boat swerve into another car before hitting the tour bus head-on. The students were from North Seattle College’s international program, and were part of an orientation group heading to tour Safeco Field and Pike Place Market. A total of 51 people were treated for injuries in local hospitals. Though the cause of the collision remains unknown, traffic safety on the narrow, median-less bridge had been a topic for concern for local officials and the National Transportation Safety Board has begun an investigation. A Bridge Too Narrow A former driver for Ride the Ducks described the dangerous bridge to the Seattle Times: “The Aurora Bridge in either direction is the scariest part of the trip because the lanes are so narrow and there is so much traffic.” He continued: “The driver is operating a 26,000-pound vehicle that is very wide with a max of 36 lives in your hands. As you approach the Aurora Bridge from the south, you are lining up how you are going to go over the bridge (hug the concrete on the right side or cheat over to the left, straight down the lane or straddle), you are telling tourists to get out their cameras for the Kodak moment while on the bridge and you are trying to queue the music to play ‘Come Fly With Me’ by Michael Buble.” The latest reports indicate that 15 patients are still being treated at Harborview Medical Center. Two remain in critical condition and another ten are in serious condition in intensive care. Common Carrier Concerns Both the duck boat and the tour bus are known as “common carriers,” which means they can be held liable for passenger injuries if either acted negligently. Common carriers are generally held to a higher standard of care, though injured passengers may still have to prove that they breached that standard, and that the breach caused their injuries. The manufacturer of the duck boat could also be liable if there was a mechanical malfunction or defect. One witness told the Seattle Times the duck boat swerved sharply into the next lane. “I initially thought it was a (tire) blow out. The duck boat then hit another car with a roof rack then went head on into the oncoming tour bus.” If you or a loved one has been injured in a bus crash, there are several legal points to consider and you may want to contact an experienced injury attorney about your case. Related Resources: Injured in a Bus Crash? How Much Is Your Case Worth? (FindLaw’s Injured) Lawsuit for Wrongful Death Over Fatal Bus Crash (FindLaw’s Injured) Tour Bus Accidents and Liability (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/seattle-duck-boat-crash... via Blogger hobbsr04.blogspot.com/2015/09/seattle-duck-boat-crash-kil...

via Flickr http://www.flickr.com/photos/87814799@N02/21709047305

Seattle Duck Boat Crash Kills 4, Injures More

An amphibious Ride the Ducks tour bus collided with a charter bus on Seattle's Aurora Bridge yesterday, killing four students and critically injured 15 more people. Witnesses reported seeing the duck boat swerve into another car before hitting the tour bus head-on. The students were from North Seattle College's international program, and were part of an orientation group heading to tour Safeco Field and Pike Place Market.

A total of 51 people were treated for injuries in local hospitals. Though the cause of the collision remains unknown, traffic safety on the narrow, median-less bridge had been a topic for concern for local officials and the National Transportation Safety Board has begun an investigation.

A Bridge Too Narrow

A former driver for Ride the Ducks described the dangerous bridge to the Seattle Times: "The Aurora Bridge in either direction is the scariest part of the trip because the lanes are so narrow and there is so much traffic." He continued:

"The driver is operating a 26,000-pound vehicle that is very wide with a max of 36 lives in your hands. As you approach the Aurora Bridge from the south, you are lining up how you are going to go over the bridge (hug the concrete on the right side or cheat over to the left, straight down the lane or straddle), you are telling tourists to get out their cameras for the Kodak moment while on the bridge and you are trying to queue the music to play 'Come Fly With Me' by Michael Buble."

The latest reports indicate that 15 patients are still being treated at Harborview Medical Center. Two remain in critical condition and another ten are in serious condition in intensive care.

Common Carrier Concerns

Both the duck boat and the tour bus are known as "common carriers," which means they can be held liable for passenger injuries if either acted negligently. Common carriers are generally held to a higher standard of care, though injured passengers may still have to prove that they breached that standard, and that the breach caused their injuries.

The manufacturer of the duck boat could also be liable if there was a mechanical malfunction or defect. One witness told the Seattle Times the duck boat swerved sharply into the next lane. "I initially thought it was a (tire) blow out. The duck boat then hit another car with a roof rack then went head on into the oncoming tour bus."

If you or a loved one has been injured in a bus crash, there are several legal points to consider and you may want to contact an experienced injury attorney about your case.

Related Resources:

• Injured in a Bus Crash? How Much Is Your Case Worth? (FindLaw's Injured)
• Lawsuit for Wrongful Death Over Fatal Bus Crash (FindLaw's Injured)
• Tour Bus Accidents and Liability (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/09/seattle-duck-boat-crash-kills-4-injures-more.html

Hardee's Exposed Thousands to Hepatitis; Customers Bring Lawsuit

via Tumblr hobbsr04.tumblr.com/post/129846012452 Hardee’s customers exposed to Hepatitis A Virus (HAV) at two South Carolina locations are suing the burger chain, the Food Poison Journal reports. The class action lawsuit was filed on behalf of thousands of people treated for Hepatitis after eating at Hardee’s restaurants with an infected worker. Earlier this month, on September 17, the state’s health department learned that a person infected with HAV was working at two of the chain’s locations and issued a public health warning. As a result, nearly 4,000 individuals received post-exposure treatment, including the class action lawsuit’s lead plaintiff, Cody Werkmeister. Should Hardee’s Have Tried Harder? The food safety firm representing the class, Seattle-based Marler Clark LLP, says Hardee’s is responsible for this public health emergency. It alleges that the fast food chain is at fault for allowing an employee to work while infected with HAV. The plaintiffs’ attorneys also say that Hardee’s failed to properly supervise, train, or monitor employees preparing food for public consumption. The company should also have required that its food-service employees all obtain immunizations against HAV. “Any exposure to hepatitis A is entirely preventable,” said plaintiff’s counsel, Bill Marler. “By not requiring employees to be vaccinated against the virus, Hardee’s puts itself and all of its customers at risk. However, had all employees been vaccinated … customers wouldn’t be panicking now to receive treatment.” Symptoms of Hepatitis A include fatigue, fever, nausea, and yellowing of the skin. Company Keeps Quiet Hardee’s does not appear to have publicly responded to the lawsuit. Unlike Whataburger, a Texas chain which recently managed a PR scandal almost entirely on Twitter, Hardee’s seems to have made no mention of its woes on social media. The chain’s Twitter feed for September is focused mostly on Ultimate Fighting Championship Ronda Rousey and cinnamon swirl French toast. If you have been exposed to a disease at Hardee’s or some other restaurant, you may want to speak with a personal injury lawyer. Related Resources: Browse Personal Injury Lawyers by Location (FindLaw Directory) Food Poisoning and Food Safety Resources (FindLaw) Trending Personal Injury Questions (FindLaw Answers) from Injured blogs.findlaw.com/injured/2015/09/hardees-exposed-thousan... via Blogger hobbsr04.blogspot.com/2015/09/hardees-exposed-thousands-t...

via Flickr http://www.flickr.com/photos/87814799@N02/21713664501

Hardee's Exposed Thousands to Hepatitis; Customers Bring Lawsuit

Hardee's customers exposed to Hepatitis A Virus (HAV) at two South Carolina locations are suing the burger chain, the Food Poison Journal reports. The class action lawsuit was filed on behalf of thousands of people treated for Hepatitis after eating at Hardee's restaurants with an infected worker.

Earlier this month, on September 17, the state's health department learned that a person infected with HAV was working at two of the chain's locations and issued a public health warning. As a result, nearly 4,000 individuals received post-exposure treatment, including the class action lawsuit's lead plaintiff, Cody Werkmeister.

Should Hardee's Have Tried Harder?

The food safety firm representing the class, Seattle-based Marler Clark LLP, says Hardee's is responsible for this public health emergency. It alleges that the fast food chain is at fault for allowing an employee to work while infected with HAV.

The plaintiffs' attorneys also say that Hardee's failed to properly supervise, train, or monitor employees preparing food for public consumption. The company should also have required that its food-service employees all obtain immunizations against HAV.

"Any exposure to hepatitis A is entirely preventable," said plaintiff's counsel, Bill Marler. "By not requiring employees to be vaccinated against the virus, Hardee's puts itself and all of its customers at risk. However, had all employees been vaccinated ... customers wouldn't be panicking now to receive treatment."

Symptoms of Hepatitis A include fatigue, fever, nausea, and yellowing of the skin.

Company Keeps Quiet

Hardee's does not appear to have publicly responded to the lawsuit. Unlike Whataburger, a Texas chain which recently managed a PR scandal almost entirely on Twitter, Hardee's seems to have made no mention of its woes on social media. The chain's Twitter feed for September is focused mostly on Ultimate Fighting Championship Ronda Rousey and cinnamon swirl French toast.

If you have been exposed to a disease at Hardee's or some other restaurant, you may want to speak with a personal injury lawyer.

Related Resources:

• Browse Personal Injury Lawyers by Location (FindLaw Directory)
• Food Poisoning and Food Safety Resources (FindLaw)
• Trending Personal Injury Questions (FindLaw Answers)

from Injured http://blogs.findlaw.com/injured/2015/09/hardees-exposed-thousands-to-hepatitis-customers-sue.html

Who Pays for Rescue Costs?

via Tumblr hobbsr04.tumblr.com/post/129741811492 Whether you’re hiking in the wilderness or skiing in the backcountry, there’s always a chance you can get into trouble. Thankfully, most counties and states have search and rescue personnel that can help. But these rescue efforts — which can include boats, helicopters, and a significant number of professionals and volunteers — can be costly. So who foots the bill when someone needs to be rescued? County, State, and Country As an initial matter, most search and rescue costs are paid up front by the counties, states, and federal departments that employ rescue personnel and supply rescue equipment. The National Park Service says it spends almost $5 million each year on search and rescue (SAR) missions, not including the salaries of rangers assisting in the search. State agencies can oversee hundreds of rescue missions annually. And if an area falls out of federal or state jurisdiction, it’s often up to counties and volunteers to fund the rescue effort. Although most of these costs are out-of-pocket for the agencies that conduct search and rescue, there are ways to recoup these costs. Statutes, Fees, Lawsuits Many states have laws that allow the state to bill rescued persons. Generally, however, these only come into play if the person’s recklessness or negligence led to need to be rescued. (In national parks, the Park Service can only recover rescue fees if the person violated a park rule.) In addition, some states have begun voluntary “hike safe” card programs to fund search-and-rescue operations. Hikers, skiers, and boaters in need of a rescue can also be sued, although these lawsuits can be complicated. Some states permit civil suits in rescue situations, though normally only from city, county, or state agencies. The average person has no legal duty to rescue, although the rescue doctrine could allow rescuers to sue if they are injured during the rescue. If you’ve been injured and needed rescuing, or injured during a rescue, you may want to talk to an experienced injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Get into Trouble Outdoors — Who Pays for the Rescue? (Time) What if I’m Injured Hiking or Camping? (FindLaw’s Injured) Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2015/09/who-pays-for-rescue-cos... via Blogger hobbsr04.blogspot.com/2015/09/who-pays-for-rescue-costs.html

via Flickr http://www.flickr.com/photos/87814799@N02/21041385374

Who Pays for Rescue Costs?

Whether you’re hiking in the wilderness or skiing in the backcountry, there’s always a chance you can get into trouble. Thankfully, most counties and states have search and rescue personnel that can help.

But these rescue efforts — which can include boats, helicopters, and a significant number of professionals and volunteers — can be costly. So who foots the bill when someone needs to be rescued?

County, State, and Country

As an initial matter, most search and rescue costs are paid up front by the counties, states, and federal departments that employ rescue personnel and supply rescue equipment. The National Park Service says it spends almost $5 million each year on search and rescue (SAR) missions, not including the salaries of rangers assisting in the search.

State agencies can oversee hundreds of rescue missions annually. And if an area falls out of federal or state jurisdiction, it’s often up to counties and volunteers to fund the rescue effort. Although most of these costs are out-of-pocket for the agencies that conduct search and rescue, there are ways to recoup these costs.

Statutes, Fees, Lawsuits

Many states have laws that allow the state to bill rescued persons. Generally, however, these only come into play if the person’s recklessness or negligence led to need to be rescued. (In national parks, the Park Service can only recover rescue fees if the person violated a park rule.) In addition, some states have begun voluntary “hike safe” card programs to fund search-and-rescue operations.

Hikers, skiers, and boaters in need of a rescue can also be sued, although these lawsuits can be complicated. Some states permit civil suits in rescue situations, though normally only from city, county, or state agencies. The average person has no legal duty to rescue, although the rescue doctrine could allow rescuers to sue if they are injured during the rescue.

If you’ve been injured and needed rescuing, or injured during a rescue, you may want to talk to an experienced injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Get into Trouble Outdoors — Who Pays for the Rescue? (Time)
• What if I’m Injured Hiking or Camping? (FindLaw’s Injured)
• Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird)

from Injured http://blogs.findlaw.com/injured/2015/09/who-pays-for-rescue-costs.html

How Dangerous Are Blood Clot Filters?

via Tumblr hobbsr04.tumblr.com/post/129654071902 For patients suffering from a serious risk of pulmonary emboli or acute deep vein thrombosis, insertion of an inferior vena cava filter to prevent a blood clot from blocking blood flow to the lung can be life-saving. But that doesn’t mean IVC filters are without risk. The Food and Drug Administration has documented hundreds of adverse events regarding IVC filters, due mainly to leaving the devices in long after they are needed. So are IVC filters worth the risk? IVC Effectiveness In 2010, the FDA warned about the risk of adverse health effects connected with long term IVC filter use. The FDA noted 921 incidents involving IVC filters, from device migration and device fracture to perforation on the IVC itself. In 2014, the FDA updated its initial warnings and recommended that “implanting physicians and clinicians responsible for the ongoing care of patients with retrievable IVC filters consider removing the filter as soon as protection from pulmonary embolism is no longer needed.” Then, a 2014 Journal of the American Medical Association study revealed that patients with IVC filters and full-dose anticoagulation were twice as likely to suffer a fatal pulmonary embolism as patients on anticoagulation alone. The study’s findings did not support the use of IVC filters in patients that could be treated with anticoagulation. Medical Device Liability A person injured by a defective medical device could have a claim against the device manufacturer for product liability. A medical device could have a defect in design, manufacturing, or warning, and manufacturers or sellers of defective medical devices can be liable for any injuries caused by the defect. Over one hundred lawsuits have been filed against two major IVC manufacturers, C.R. Bard and Cook Medical. The suits cover medical issues from additional procedures needed to remove the filters or broken pieces, to fatal organ damage. If you have an IVC filter or have suffered an injury due to an IVC filter defect, you should consult with an experienced injury attorney near you. Related Resources: Injured by IVC blood clot filters? Get your claim reviewed by an attorney for free. (Consumer Injury) Medical Product and Device Defects (FindLaw) Time Limits for Filing Product Liability Cases: State-by-State (FindLaw) Proving Fault in Medical Malpractice Cases (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/how-dangerous-are-blood... via Blogger hobbsr04.blogspot.com/2015/09/how-dangerous-are-blood-clo...

via Flickr http://www.flickr.com/photos/87814799@N02/21011777363

How Dangerous Are Blood Clot Filters?

For patients suffering from a serious risk of pulmonary emboli or acute deep vein thrombosis, insertion of an inferior vena cava filter to prevent a blood clot from blocking blood flow to the lung can be life-saving. But that doesn't mean IVC filters are without risk.

The Food and Drug Administration has documented hundreds of adverse events regarding IVC filters, due mainly to leaving the devices in long after they are needed. So are IVC filters worth the risk?

IVC Effectiveness

In 2010, the FDA warned about the risk of adverse health effects connected with long term IVC filter use. The FDA noted 921 incidents involving IVC filters, from device migration and device fracture to perforation on the IVC itself. In 2014, the FDA updated its initial warnings and recommended that "implanting physicians and clinicians responsible for the ongoing care of patients with retrievable IVC filters consider removing the filter as soon as protection from pulmonary embolism is no longer needed."

Then, a 2014 Journal of the American Medical Association study revealed that patients with IVC filters and full-dose anticoagulation were twice as likely to suffer a fatal pulmonary embolism as patients on anticoagulation alone. The study's findings did not support the use of IVC filters in patients that could be treated with anticoagulation.

Medical Device Liability

A person injured by a defective medical device could have a claim against the device manufacturer for product liability. A medical device could have a defect in design, manufacturing, or warning, and manufacturers or sellers of defective medical devices can be liable for any injuries caused by the defect.

Over one hundred lawsuits have been filed against two major IVC manufacturers, C.R. Bard and Cook Medical. The suits cover medical issues from additional procedures needed to remove the filters or broken pieces, to fatal organ damage.

If you have an IVC filter or have suffered an injury due to an IVC filter defect, you should consult with an experienced injury attorney near you.

Related Resources:

• Injured by IVC blood clot filters? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Medical Product and Device Defects (FindLaw)
• Time Limits for Filing Product Liability Cases: State-by-State (FindLaw)
• Proving Fault in Medical Malpractice Cases (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/09/how-dangerous-are-blood-clot-filters.html

When Cyclists Get 'Doored' by a Car, Who's Liable?

via Tumblr hobbsr04.tumblr.com/post/129596087362 Cycling in the city is dangerous. Not only do bicyclists have to be aware of cars and pedestrians, but they have to be hyper-aware of that point when car drivers are about to become pedestrians. Any person who has spent time biking in an urban setting has a story of almost or actually getting “doored” – colliding with an open car door as you cruise along a line of parked cars. So whose fault is it when a cyclist gets doored? The biker? The driver? What if it’s a passenger? Let’s take a look: The Rules of the Road Most traffic laws require cyclists to ride in bike lanes or to the right of traffic, which places them perilously close to parked cars. Drivers and passengers are required to check for bicycle traffic before opening a door. Therefore, the door opener is usually liable if a cyclist gets doored. If there was no motor vehicle traffic at the time, the person who opened the car door could argue that the cyclist had the chance to avoid the door. The motor could then contend that the cyclist contributed to the accident and should be partly responsible But normally, drivers and passengers should check their mirrors and be sure the door-zone is clear of cyclists before opening the door. The Dangers of Dooring About ten percent of all bicycle-car collisions were due to a motorist opening a door in the path of a cyclist. A ten-year study on bicyclist fatalities in New York City showed that three percent were dooring incidents: either a cyclist striking an open door or swerving to avoid one. As scary as getting doored is, it may be safer than other collisions. According to an analysis of bike accident data, “80.04% of those cyclists who were doored were injured, while 94.40% of those in non-dooring crashes were injured.” Additionally, the most serious door-zone-related injuries happened when cyclists were hit by another motor vehicle while swerving to avoid the door. So cyclists might be better off hitting the door, and taking the issue up with the person who opened it. If you’ve been injured in a bike accident, you may want to consult with an experienced injury attorney today. Related Resources: Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury) 7 Steps to Take Immediately After a Bike Accident (FindLaw’s Injured) In Car v. Bike Crashes, Why Are Charges So Rare? (FindLaw’s Blotter) Bicycle Buffer Zone Laws (FindLaw) from Injured blogs.findlaw.com/injured/2015/09/when-cyclists-get-doore... via Blogger hobbsr04.blogspot.com/2015/09/when-cyclists-get-doored-by...

via Flickr http://www.flickr.com/photos/87814799@N02/21421304608

When Cyclists Get 'Doored' by a Car, Who's Liable?

Cycling in the city is dangerous. Not only do bicyclists have to be aware of cars and pedestrians, but they have to be hyper-aware of that point when car drivers are about to become pedestrians.

Any person who has spent time biking in an urban setting has a story of almost or actually getting "doored" -- colliding with an open car door as you cruise along a line of parked cars. So whose fault is it when a cyclist gets doored? The biker? The driver? What if it's a passenger? Let's take a look:

The Rules of the Road

Most traffic laws require cyclists to ride in bike lanes or to the right of traffic, which places them perilously close to parked cars. Drivers and passengers are required to check for bicycle traffic before opening a door. Therefore, the door opener is usually liable if a cyclist gets doored.

If there was no motor vehicle traffic at the time, the person who opened the car door could argue that the cyclist had the chance to avoid the door. The motor could then contend that the cyclist contributed to the accident and should be partly responsible

But normally, drivers and passengers should check their mirrors and be sure the door-zone is clear of cyclists before opening the door.

The Dangers of Dooring

About ten percent of all bicycle-car collisions were due to a motorist opening a door in the path of a cyclist. A ten-year study on bicyclist fatalities in New York City showed that three percent were dooring incidents: either a cyclist striking an open door or swerving to avoid one.

As scary as getting doored is, it may be safer than other collisions. According to an analysis of bike accident data, "80.04% of those cyclists who were doored were injured, while 94.40% of those in non-dooring crashes were injured." Additionally, the most serious door-zone-related injuries happened when cyclists were hit by another motor vehicle while swerving to avoid the door.

So cyclists might be better off hitting the door, and taking the issue up with the person who opened it. If you've been injured in a bike accident, you may want to consult with an experienced injury attorney today.

Related Resources:

• Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury)
• 7 Steps to Take Immediately After a Bike Accident (FindLaw's Injured)
• In Car v. Bike Crashes, Why Are Charges So Rare? (FindLaw's Blotter)
• Bicycle Buffer Zone Laws (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/09/when-cyclists-get-doored-by-a-car-whos-liable.html