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Charleston Personal Injury Law Blog

Off-highway vehicles deemed dangerous products

Products throughout the United States, including in West Virginia, are typically recalled for one of two reasons: They pose a fire threat or are a choking hazard. Recently recalled recreational off-highway vehicles, RZR XP 1000s, fall under the first category. About 10,000 of these dangerous products have been recalled due to their potential to cause burns.

The vehicles being recalled have been sold over the last five years. The problem with these vehicles is that they feature exhaust silencers that can fatigue and crack. As a result, the heat shields may not be able to manage heat.

Gene therapy may benefit spinal cord injury patients

The body responds to injuries to the spinal cord by creating scar issue, thus sealing the spinal wound. However, this also prevents new tissue from being created following a spinal cord injury. Fortunately, researchers have found a high-potential genetic trigger that they could target to enhance how the spinal cord recovers from an injury -- a scientific step that may give hope to spinal cord injury patients in West Virginia and elsewhere.

The team of scientists focused on a gene called the LZK gene, located in supportive cells known as astrocytes. These cells play a major role in healthy nervous systems. However, scientists do not quite understand the role they play when it comes to responding to injury.

Heart device may present problems requiring doctor's attention

One of the most frightening things a patient with a pacemaker could hear is that something is wrong with his or her machine. Unfortunately, a heart device and other medical devices can encounter problems that can have adverse effects on a patient in West Virginia. In these situations, the patient may be willing to work with his or her doctor to determine the best course of action to take immediately.

The Food and Drug Administration is responsible for approving pacemakers and other heart-related devices before they enter the market. However, problems can still arise with these types of devices. A physician must notify a patient if a potential problem has been found with a particular heart device. However, sometimes the patient might hear about the issue directly from a media report or the device manufacturer.

Woman died in nursing home due to alleged physical abuse, neglect

A man in another state says that his mother passed away due to the neglect she suffered in a nursing home. The woman also reportedly suffered physical abuse in the nursing facility, and the man has decided to sue. Likewise, individuals in West Virginia who have lost their loved ones due to the carelessness of nursing home staff have the right to seek full financial accountability through the civil court system.

The man says that his mother, 84, was immobile and thus was confined to a wheelchair as a result of arthritis. He claims that his mother's urinary tract became infected while she was at the nursing home. The infection apparently ended up spreading to her kidneys and proved fatal in just a few days.

When a Manufacturer is Responsible for Personal Injuries

Accidents and injuries happen all the time. Some of them aren't caused by the person or people directly involved -- they're caused by a defective product. Negligent drivers cause most vehicle accidents, but one could be caused by a defective part in the car. Lawsuits covering situations where a defective product caused property damage, physical injuries or deaths are known as product liability lawsuits.

These types of claims cover products we use every day.

  • Vehicles are famous for product liability cases, most recently lethal Takata air bags that inflated with too much force, shooting metal fragments into drivers and passengers. SUVs were well known for deadly roll-over accidents, in part because defective Firestone tires could blow, causing the driver to lose control of the vehicle.
  • Medications with serious side effects and medical devices like artificial knees that do more harm than good are the subject of product liability lawsuits.
  • Toys that pose choking hazards, and Ikea furniture that's easy to tip over, have also injured and killed children.

Slip-and-fall accidents may occur at malls

A woman in another state recently claimed that she suffered injuries after slipping and falling at a mall. She has thus decided to file a premises liability lawsuit against the mall and associated parties, including a janitorial service company and an insurance company. Those who are hurt in slip\-and\-fall accidents caused by the negligence of property owners in West Virginia and elsewhere have the right to seek justice through the civil court system.

In the out-of-state case, the woman asserted that she was at the mall one day during the month of April. According to her lawsuit, some ice cream had apparently melted and was lying on the floor. She claimed that she stepped in the ice cream and ended up slipping and falling as a result.

Vtech rattles considered dangerous products

Consumers with young children in West Virginia may be impacted by a recent product recall involving baby rattles. Specifically, Vtech's Shake and Sing Elephant rattles are being recalled because they pose a choking hazard. Around 280,000 of these dangerous products are part of the recall.

The rattle being recalled is around 7 inches in length and is designed to sing when somebody turns the button on. Unfortunately, the elephant ears on the rattle can easily break off. Thus, the use of the rattles may cause young children to choke.

Warner Law Offices Attorneys Selected by Annual Super Lawyers List

Bobby Warner, Lynnette Simon Marshall and Boyd Warner have been named to the 2018 West Virginia Super Lawyers list, with attorney Andrew Byrd earning the publication's esteemed Rising Star recognition.

Only five percent of the lawyers in any state are selected as Super Lawyers, through polling, peer assessment and a research process that evaluates each candidate based on 12 indicators of peer recognition and professional achievement. Rising Stars are evaluated by the same process, although candidates must be either 40 years old or younger or in practice for 10 years or less.


Family files suit against nursing home, alleging physical abuse

The loved ones of a man in another state recently claimed that a nursing home abused him. They have thus filed a lawsuit against the nursing facility, alleging physical abuse. Likewise, anyone in West Virginia who believes that his or her loved one is being mistreated at a nursing facility has the right to take legal action.

In the recent out-of-state case, the elderly man who was reportedly abused had sought care at the nursing facility following a bowel obstruction surgical procedure. The 89-year-old man's son became concerned after allegedly seeing his father with several cuts and bruises. The elderly man had also reportedly lost a significant amount of weight.

Suing Your Boss for Sexual Harassment

Sexual harassment is more common than people like to think. If the #metoo campaign has told us anything it has told us that. In light of the recent disclosures, many people - mostly women - might feel more empowered than ever to pursue claims against their abusers. Thus, the question emerges: can a person sue her employer for sexual harassment? As a matter of fact, yes, an employee can file suit against her superior for sexual harassment, but in order to do so effectively, there are a few basic steps that should be taken at the outset.

Tell the Harasser

To begin with, it's important to address the issue head-on. In some cases, the harasser may not even know that he is harming you. Bringing it to his attention might embarrass him to such a degree that he ceases the problematic behavior. Others might be well aware of the offensive conduct. Broaching the subject with these people can, at the very least, put them on alert and perhaps prevent further occurrences.

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