Personal Injury

E. Coli Outbreak At North Carolina State Fair Leads to $500,000 Lawsuit :: Personal Injury Lawyers and Attorneys in Charlotte, North Carolina

March 19, 2013 | AS Personal Injury Lawyers

According to a recent article by WBTV, the family of a child who was hospitalized due to an E. coli outbreak has now filed suit against the North Carolina State Fair.

We discussed the case late last year and since that time the family of the 3-year-old boy gathered important information before filing their suit against the North Carolina Department of Agriculture and Conservation.

The lawsuit was filed before the North Carolina Industrial Commission last week and claims that the boy’s injuries were the direct and proximate result of negligence by the State of North Carolina. Specifically, the suit alleges that North Carolina owed a duty to the claimant, his family and the public at large to keep the State Fairground safe.

The family of the young boy says that the State failed to keep the fairgrounds safe by not sufficiently cleaning the animal holding areas inside the main building on the site. The public was put at serious risk because of the multiple surfaces in the building that had E. coli present and the fact that the State encouraged the public to eat and drink inside the building, making use of those contaminated surfaces. The state also failed to provide a sufficient number of hand washing stations for the public. The family’s attorneys pointed out that the state even failed to live up to its own specific guidelines about proper disposal of animal waste.

The little boy’s family is still hurting from the incident back in 2011. They have found themselves saddled with massive hospital bills and have already depleted their savings account trying to pay medical bills that continue arriving every day. Given the financial harm suffered by the family and the physical harm suffered by the boy, they are asking that the state be responsible for paying $500,000.

CDC Names Fishing Industry, Specifically North Carolina Shrimp Fleet, Most Dangerous Occupation :: Workers’ Compensation Law Firm in Charlotte, NC

February 28, 2013 | AS Personal Injury Lawyers

A recent report issued by the U.S. Centers for Disease Control and Prevention named an industry popular in North Carolina the most dangerous occupation in the country.

The report, part of the CDC’s Morbidity and Mortality assessment, said that the commercial fishing industry has the highest occupational fatality rate in the U.S. The numbers are so astounding that those in the commercial fishing business have death rates 35 times higher than the rate for an ordinary U.S. worker.

Between 2000 and 2009 a total of 504 commercial fishermen were killed on the job. Of this number, 51% died by drowning due to the sinking of their vessels. Thirty percent of commercial fishing deaths were from falls overboard and another 10% occurred due to injuries sustained on-board fishing boats.

These on-board injuries are the ones that most commonly impact workers from North Carolina. According to the report, common on-board injuries include entanglement in machinery while using winches. Use of these winches occurs most frequently in the Southern United States on vessels used to haul in shrimp.

The CDC specifically explored the Southern shrimp fleet and found that in the past decade eight people died and another 27 were serious injured in work-related accidents that involved on-board winches. The Southern shrimp fleet is based primarily in the Gulf of Mexico, but has another major location off the Atlantic coast of North Carolina and employees hundreds of North Carolina fishermen.

North Carolina Employees Face Tough Road To Bring Court Case Against Employers :: Personal Injury Attorneys and Lawyers in Charlotte, NC

February 26, 2013 | AS Personal Injury Lawyers

Earlier this year the North Carolina Court of Appeals overturned a $450,000 jury award to a former Goodyear Tire employee for negligent infliction of emotional distress. The Court of Appeals said that the trial court lacked subject matter jurisdiction to hear the case. The ruling demonstrates just how difficult it can be for employees to seek recovery for workplace injuries through the court system rather than through the North Carolina Industrial Commission.

The suit, Shaw v. Goodyear Tire & Rubber Co., was launched after Lashanda Shaw sued her former employer for mishandling complaints based on workplace harassment. Shaw alleged a supervisor was rude and aggressive towards her and frequently engaged in harassing and intimidating tirades. Despite repeated complaints to human resources personnel, the supervisor remained in his position and continued harassing her.

The jury who heard the case agreed that Shaw had suffered severe emotional distress caused by Goodyear and that the company failed to intervene to stop the harassment. The jury decided Shaw was entitled to $450,000 in compensatory damages as a result of the harm she suffered.

Unsurprisingly, Goodyear appealed the decision and argued that there was no jurisdiction for the lower court to hear the case. Goodyear claimed that her negligent inflection of emotional distress claim amounted to an “accident” that should be heard only according to the terms of the North Carolina Workers’ Compensation Act. The North Carolina Court of Appeals agreed.

The Problem With Secret Settlements :: Personal Injury Lawyers and Attorneys in Charlotte, Mecklenburg County, NC

February 12, 2013 | AS Personal Injury Lawyers

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Everyone’s heard of confidentiality agreements; those documents you sign agreeing not to disclose certain important bits of information. What people may not realize is just how often such confidentiality agreements are employed in North Carolina to keep critical information regarding medical malpractice or dangerous devices or drugs from going public.

The agreements, which help ensure that settlement stay secret, often only work to the benefit of the doctor, hospital or manufacturer responsible for causing devastating harm. The victim of the negligence receives next to no benefit from such agreements. Even more disturbing is how they can be used to shield the public from important information about dangerous practices or products.

A recent case involving a North Carolina mother who’s young son died due to negligence among the hospital staff where he was taken after falling ill highlights just how rarely such cases make news. The woman was told to sign a confidentiality agreement to receive her settlement and that the whole case would go away if she did. She refused, saying she wanted the public to know about the medical safety issues that led to her son’s death.

The mother’s decision to speak out and not sign the confidentiality agreement is very rare. The majority of such lawsuits in North Carolina end with the victim signing an agreement promising not to reveal important information in exchange for a set amount of money.

The danger of this approach is that, for example, in the case of a defective product, if all those injured sign a confidentiality agreement and the company is able to settle the cases quietly, then the public will never be made aware of the problems associated with the dangerous product, depriving other potential future victims of the chance to safeguard their families.

A real world example of this is the case of the faulty Firestone tires. Years before the nationwide recall was announced, the company began settling cases involving the failing tires on Ford SUVs and made sure each plaintiff signed confidentiality agreements. These dangers were thus not revealed until much later, something that experts say led to 270 additional deaths.

Number Of ER Visits Related To Energy Drinks Doubles In Four Years :: Personal Injury Law Firms in Charlotte, North Carolina

February 5, 2013 | AS Personal Injury Lawyers

According to recently released data from the U.S. Substance Abuse and Mental Health Services Administration, the recent surge in popularity of energy drinks have led to a corresponding surge in emergency room visits. The popularity of the caffeinated drinks caused the number of ER visits associated with consumption of the beverages to double between 2007 and 2011.

The typical person affected by the energy drinks was unsurprisingly a teenager or young adult. People between the ages of 18 and 25 accounted for most of those admitted to emergency rooms. The next largest group was those between 26 and 39. Alarming to some researchers was the boom in admittances associated with those over the age of 40. ER visits by those older than 40 increased by a massive 279 percent during those four years, from 1,400 to 5,200 ER.

Males were more likely to be admitted for problems associated with the energy drinks, with men accounting for two-thirds of ER visits during that four-year span. Despite this, the number of women admitted after consuming energy drinks doubled during the same time span, indicating a steep rise in female interest in the drinks.

Data showed that while a little over 40% of the ER visits involved energy drinks mixed with other substances, the majority, 58%, were for energy drinks alone. Of those instances involving other substances, alcohol was the most commonly seen. After that, prescription drugs such as Ritalin and Adderall were also found.

The problem with energy drinks is the vast amount of caffeine and other stimulants contained in the beverages. Caffeine acts as a stimulant to both the cardiovascular and central nervous system. This means that the drinks can cause a major increase in heart rates and drive up blood pressure to dangerous levels in certain cases. According to one cardiologist, for those with underlying heart conditions, the drinks can quite literally be deadly.

Auto Deaths Rise In 2012 For First Time In Eight Years :: Personal Injury Lawyers and Attorneys in Charlotte, North Caroilna

January 29, 2013 | AS Personal Injury Lawyers

According to statistics released by the National Safety Council, the number of traffic deaths across the country increased by around 5% last year. Tragically, the increase in traffic deaths would make for the first time the number of road fatalities has increased in eight years.

The group said that last year 36,200 people died in auto accidents on the nation’s roadways. The number of people injured enough in such accidents to require medical attention also rose by a corresponding 5%, reaching an astonishing 3.9 million people. The financial toll of auto accidents is also significant, with billions wasted in lost wages, lost productivity, hospital bills and property damage. The estimate was that in 2012, expenses associated with auto accidents rose to $276.6 billion.

These numbers are slightly better than the ones released by the National Highway Traffic Safety Administration in December. Those numbers showed that for the first nine moths of 2012, traffic deaths had risen 7.1%. This 7.1% increase was the largest increase in traffic fatalities since 1975; the year the NHTSA began collecting such data.

The National Safety Council has pointed to an increase in teen driving deaths and deaths due to distracted driving as being partially to blame for the increase in road deaths. The organization says it must be a priority by Congress and state legislatures to address such safety issues to ensure that 2013 does not see a similar increase in road deaths.

New Crosswalk System In North Carolina Aims To Reduce Pedestrian Deaths :: Personal Injury Attorneys and Lawyers in Charlotte, North Carolina

January 24, 2013 | AS Personal Injury Lawyers

According to a recent report out of Raleigh, NC, pedestrians can expect some changes the next time they try to cross the street. One stretch of Hillsborough Street, a busy road through the Research Triangle, along with a few other heavily trafficked roads, now have newly installed buttons that clearly say “Wait” before it’s time to cross rather than the typical chirping crosswalk signs.

Safety experts say the changes are being made to help reduce instances of distracted walking. Experts are hoping that the crystal clear message on the crosswalk signs helps pedestrians pay closer attention before they cross the street. The different speed beeping noises previously used at the intersection did little to prevent occasional jaywalking. The hope is the new crosswalk system will help pedestrians stop putting themselves in danger by ignoring crosswalks or walking while being absorbed by other technology.

The changes have been implemented in the Research Triangle given its reputation as a notoriously dangerous place for pedestrians. According to a recent report, 400 pedestrians are hit and injured by drivers in the Triangle each year. Wake County manages to rank second in the state for the number of collisions each year involving pedestrians. First place, sadly, belongs to Mecklenburg County.

The new crosswalks are part of a campaign launched late last year called “Watch For Me NC” which is so far focused on communities in the Triangle area. The program works with the National Highway Traffic Safety Administration to help reduce the number of pedestrian injuries.

NC Highway Patrol Warns Drivers To Watch For Those On Roadsides :: Car Wreck Lawyers and Attorneys in Charlotte, North Carolina

January 17, 2013 | AS Personal Injury Lawyers

It’s tragic that data shows more than 150 police officers have died since 1999 after being hit by passing vehicles on roadways across the United States. The numbers, recently released by the National Law Enforcement Officers Memorial Fund, serves as a painful reminder of how much police officers sacrifice to keep others safe.

WBTV reports that the North Carolina Highway Patrol is taking this opportunity to impress upon residents of the state how important it is to abide by the Move Over law, especially when emergency vehicles are stopped on the side of the road.

North Carolina is one of 43 states to enact such legislation. North Carolina implemented its version of the law in 2002. Though the law is now more than a decade old, many drivers remain unaware of it. According to recent polling, some 71% of Americans have never heard of “Move Over” laws. This despite the fact that 86% of those responding to the survey say they support enacting such legislation.

North Carolina’s law was designed to help curb the numbers of deaths suffered not only by police officers, but by other emergency responders and even civilians who were stranded on the side of the interstate. North Carolina’s law requires drivers to slow down and approach cautiously when an emergency vehicle is stopped on the shoulder of the roadway with its lights flashing. Motorists are required to move over to another lane away from the emergency vehicle on a multi-lane highway or slow down on a two-lane highway assuming they can do so safely.

North Carolina Train Derailment Leads to Chemical Spill and Evacuation :: Personal Injury Lawyers and Attorneys in Charlotte, NC

January 15, 2013 | AS Personal Injury Lawyers

According to a recent Associated Press report, a terrible train crash in eastern North Carolina led to an entire town being evacuated as toxic chemicals were released into the surrounding area.

Authorities say that an evacuation order was issue for between 300 and 400 residents of Bladen County, NC after a CSX train derailed around 3:30 in the afternoon on Saturday. The train was carrying several chemicals, including some cars that were full of ammonia. As the CSX train was crossing a small bridge above a creek the structure gave way and at least 10 train cars fell into the stream.

Emergency responders realized that the overturned train was carrying toxic chemicals and that one of the derailed cars contained ammonia. Ammonia is a potentially explosive substance that can cause serious respiratory problems to those exposed. Given the risks associated with the chemicals, police evacuated hundreds of residents in close proximity to the crash site.

The evacuation order has since been lifted after CSX’s hazardous materials team determined the area was safe. The transport company says it intends to pump out the ammonia from the damaged car over the coming days and that residents in the area will be safe.

Personal Injury Attorneys and Lawyers in Charlotte, NC :: Chemical Spill Leaves One Worker Dead and Two Others Injured in Paper Plant

January 10, 2013 | AS Personal Injury Lawyers

Sad news out of York County today after it was revealed that one person is dead and another two were injured at a paper plant just south of the Charlotte metro area.

The terrible workplace accident took place around 1:30 in the morning on Tuesday of this week at the Resolute Forest Products plant in Catawba. The plant is located along Highway 5 near the Lancaster County, border.

Emergency Management officials in the county told WBTV that three contractors were doing maintenance on a decommissioned tank outside the main production area when an accident happened. The official said he believes that some type of chemical leaked into the tank while the men were still inside of it.

Two of the men were able to escape the tank but the third man was not so lucky and died. One of the two who escaped suffered serious injuries and had to be taken to a local hospital to receive treatment.

An investigation of the plant and the accident have been turned over to the state’s Occupational Safety and Health Department. Local law enforcement officials will help in the Department of Labor’s investigation and in piecing together what exactly went wrong.

The same plant saw a serious injury back in May of last year when a worker was severely burned and three others were injured after a chemical leak in a different part of the paper plant. The chemical, known as white liquor, was used to process wood chips and ended up burning the four employees after it leaked out of its holding area.