Personal Injury Lawyer Blog

ATV Owner Sued for Boy's Death - Friday, February 29, 2008

In Arkansas, a wrongful death lawsuit was filed recently against a man and his concrete company in the death of an 11-year-old boy killed in a four-wheeler accident. Ashton Potter, died in May 2006 after he rode a four-wheel all-terrain vehicle (ATV) up a hill and it tumbled back on him.

The boy was riding a Polaris 330 model all-terrain vehicle owned by defendant Donald Main and his company, A-1 Cement Finishers of Siloam Springs, Arkansas. The ATV was used by Main and his company for cement and construction-related activities. At the time of the accident, Potter was staying at the defendant's home.

The suit alleges Main and his company failed to properly secure and supervise the four-wheeler, giving the young boy access to it. Potter started the vehicle and rode it traveling up an embankment when it flipped over, landed on top of him and killed him. The boy died at the scene from a severe head injury.

The suit was filed on behalf of Mandi Lopez, the boy's mother. Damages are sought for wrongful death, conscious pain and suffering and loss of life. The suit alleges the defendants knew, or should have known, that minors would be attracted to a four-wheeler and the expense of remedying the dangerous condition would be slight compared to the risk of harm.

The U.S. Consumer Product Safety Commission's 2004 statistics on ATV-related injuries and deaths reveal that there were almost 150,000 serious injuries requiring emergency room treatment and close to 800 ATV deaths. Of those deaths, at least 130 deaths were children younger than 16.

The CPSC and other consumer advocate groups have been pushing for stricter ATV laws for years, and one group, the American Academy of Pediatrics has even recommended that no child under age 16 ride an ATV of any size under any conditions.

Home Improvement Efforts Can Result in Serious Injury - Thursday, February 28, 2008

As more and more people try to be do-it-yourselfer's regarding home improvements, the number of injuries related to home improvements is on the rise.

In the past, nail guns were only used by trained carpenters and skilled tradesmen due to the danger involved with them, but now that consumers are buying and using nail guns at an increasing rate, the number of nail gun accidents is on the rise. Consumer nail-gun injuries serious enough to warrant a trip to the hospital have increased 300% since 1991. Each year, approximately 14,000 home improvers are using nail guns to install siding, to lay hardwood floors, or to frame a new addition to their house and they are getting hurt.

Unfortunately, many of these power tool users buy such equipment and use it having had no prior experience with the powerful tools. Not everyone who goes to the home improvement store sticks around for the demonstration on how to use the tool safely.

Another home improvement hazard common to those who prefer doing it themselves is falling off ladders. Approximately 136,000 people fall off ladders and end up with fractures, sprains and broken bones each year. Most people using ladders have used them before and feel safe on them, especially on the lower rungs. Surprisingly, studies show that injuries from the lowest rungs of the ladder can be just as bad as injuries from the higher rungs of the ladder.

Lawnmower accidents continue to be a serious problem, also. Like so many other accidents at home, lawnmower accidents can take place in a fraction of a second and are usually preventable. There are as many as 80,000 lawnmower accidents in the United States each year and most of the victims are men and boys. The vast majority of lawnmower accidents happen when the mower shoots sticks or rocks into the air hitting the user or people standing nearby.

Sometimes injuries from these tools are due to user error, but in many cases, the injuries are caused by some defect in the product.

Clearly the number of accidents happening around the home involving ladders, power tools and lawnmowers indicates that more time and care need to be taken when using these tools. The cable shows may make home improvements look simple, but without training on the use of these tools, serious injuries can and do happen every day.

Deadly Truck Accident Kills 1, Seriously Injures Another - Wednesday, February 27, 2008

A lawsuit over a deadly three-vehicle collision near Gloster, Louisiana that killed one and seriously injured another has been settled for $5.5 million. The agreement reached during mediation means the family of Allan Richard, 60, who was killed in the December 7 crash, will receive $1 million from the trucking company's insurance company and Henry Washington, 47, who will require 24-hour care for the rest of his life, will get $4 million from the trucking company's insurance company. The company is also paying an additional $500,000 to Washington.

The deadly crash happened when 18-wheeler driver Mike McCauley, 35, lost control of his oilfield salt water truck while reaching for a dropped cell phone as he rounded a curve. He was not ticketed or criminally charged. The tanker truck, owned by Steve Kent Trucking Inc. rolled over onto Washington's vehicle, causing him to leave the roadway and land in creek, and then struck Richard's vehicle, which was traveling behind Washington.

The case was settled quickly because of the evidence gathered in the investigation. An investigator found the truck cab within days after the wreck and documented an illegal radar detector glued to the dashboard. Radar detectors in 18-wheelers are illegal according to Federal Motor Carrier Safety regulations.

OxyContin Makers and Exec Fined $634 million - Tuesday, February 26, 2008

The maker of the powerful and highly addictive painkiller, OxyContin, Purdue Pharmaceuticals, and three of its executives, were ordered to pay a $634.5 million fine for misleading the public about the drug's risk of addiction. U.S. District Judge James Jones fined Purdue, its top lawyer, former president and former chief medical officer after a hearing on July 20, 2007. At that hearing, several people testified that their lives were changed forever by addiction to the narcotic.

OxyContin is the trade name for a long-acting form of the drug oxycodone and is designed to be swallowed whole and digested over the course of 12 hours. However, when the pills are crushed, they can produce a heroin-like high when the pill is swallowed, snorted or injected. From 1996-2001, the number of OxyContin-related deaths increased fivefold while the number of OxyContin prescriptions increased 20-fold. In 2002, the drug has contributed to almost 500 deaths.

All parties pleaded guilty in May to telling doctors that OxyContin was less addictive and less subject to abuse than other pain medications. Judge Jones has placed the drug company on probation for five years and each of the executives on probation for three years. The three were also ordered to perform 400 hours of substance abuse-related community service.

Survivors of victims who have died from OxyContin use want the Food and Drug Administration to reclassify OxyContin for use only for severe pain as now, the drug can be prescribed for moderate pain.

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