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December 2013 Archives

Case of student hit by falling archery targets dismissed

Three years after a student at Hurricane High School sitting at his desk was struck by a stack of archery targets, his parents' lawsuit regarding the incident has been settled and dismissed. The boy's parents had sued the board of education in Putnam County, West Virginia. They contended that storing the targets in the classroom where they could fall on a student was negligent. They also argued that students near the targets should have been supervised. Reportedly another student was leaning on the targets when they fell on the victim. After mediation, the case was dismissed with prejudice.

West Virgina agencies sued for mine safety oversight

Two agencies dealing with the health and safety of miners in West Virginia are under fire for failing to implement certain technology that could save workers' lives. The suit states that the government bodies have not installed proximity detection systems that are essential for preventing workers from being crushed by mining equipment. The lawsuit is being brought by a member of the safety committee from a local mining union, as well as the widow of a miner that was killed by being pinned underneath battery-powered mining machinery.

Some butter-flavored popcorn could be a defective product

The latest product to join the list of the most feared food suspects is butter popcorn. Consumers in West Virginia and nationwide may want to read the labels more carefully before they take home microwave popcorn that contains a dangerous chemical called diacetyl. It's a highly volatile substance related to butane that gives popcorn a buttery taste. Government agencies now describe it as a dangerous substance which makes popcorn a defective product that can lead to what is called "popcorn lung" or more accurately bronchiolitis obliterans.

New legal rules may apply to defective product from 3-D printing

As the New Year approaches it's appropriate to discuss the legal impact of emerging technologies that may change some of the legal underpinnings of product liability law in the future. A fascinating but still-speculative process known as 3-D printing may ultimately make a sea-change in the way products are made and delivered to the public. If so, when a consumer is injured by a defective product the current law of strict liability may not apply in West Virginia or other states.

5 tractor-trailers involved in truck accident in West Virginia

Semi-truck accidents are often devastating. The sheer size of the "big rigs" can result in multiple injuries or even death. When more than one tractor-trailer is involved in a serious accident, the end result is often tragic.

West Virginia couple files defective product suit against Bayer

A woman and her husband have commenced a lawsuit against the pharmaceutical company, Bayer. The couple claims that an intrauterine device manufactured by the company was a defective product, which caused her physical injuries. The West Virginia lawsuit was filed on Dec. 6 in Wyoming County.

Asbestos defective product cases continue to emerge

One of the most notorious defective products of all time has been asbestos. It is a naturally occurring mineral that is mined from the earth in rock formations composed of long thin fibrous crystals. When the fibers are released, they are carried into the air and ingested by humans, and end up residing in the human lungs. There they can cause fatal consequences, including the diseases of asbestosis, mesothelioma and even lung cancer. Litigation in West Virginia and nationwide attacking asbestos as a defective product has been widespread during the 70s, 80s and 90s and continues to the present day.

NIH plans use of NFL money for brain injury research

Part of a $30 million grant provided to the National Institutes of Health by the National Football League is now becoming part of a plan. The NFL gave the money in a grant to the NIH, but left it up to the Institute to decide how the money should be used.

Suit: West Virginia trucker made illegal U-turn, caused crash

A West Virginia couple has filed a lawsuit against a trucking company after they claim a truck driver made an illegal U-turn in front of one of the plaintiffs, resulting in injuries to the driver. The trucking company, Paschall Truck Lines Inc., and the driver of the truck were named as defendants in the lawsuit, as well as six other unknown individuals.

Report: half-million spinal cord injuries each year in the world

A report by the World Health Organization said that a half-million people suffer from spinal cord injuries each year throughout the world. While many people might think of spinal cord injuries as resulting in the loss of motion in a part of a person's body, injury to spinal cords can also result in a person having loss of bowel, bladder and sexual function, as well as mental health conditions.

Are selfies the newest distraction for West Virginia drivers

For people who are into social media and the latest technology trends, selfies are the newest trend in social communications. Many people take pictures of themselves as a way of telling friends what they are up to. They might send the picture in a text message or even post the picture to social media websites.

30,000 faulty medical device cases await trial in West Virginia

In a complex product liability case, the plaintiff must usually engage in extensive discovery of the manufacturer's records. The development of many consumer products, such as automobiles, medical devices, drugs and even household appliances can take years to evolve and get ready for final placement on the market. This can also involve wide-ranging communications between researchers, engineers, doctors, company officials and other parties engaged in the evolutionary development of the product for sale. This is certainly true of a suspected faulty medical device marketed in West Virginia and nationwide.

Plastic gas can may be a defective product causing explosions

Unexpected explosions in cans and containers have been a recurring event spawning product liability litigation for many years. The explosions can and have occurred in a variety of circumstances, both in West Virginia and throughout the country. One prominent example in recent years has been a number of sudden, life-threatening explosions in plastic portable gas cans. Any time that a stray spark or flame comes near a gas can that has little gas left in it there can be a sudden combustion of fire that turns into a full-blown explosion, usually causing serious injury. The risk of this danger makes the gas can a defective product.

Defective product case is supported by strict liability theory

An article is defective it is not fit for the ordinary purposes for which the product is normally used. It can be considered a defective product also if it has a tendency to cause personal injury even if used in the normally intended manner and function. In West Virginia and other states, a claimant must prove by a preponderance of the evidence that the product was defective and unreasonably dangerous to end users.

New imaging techniques show long-term brain injuries

When a brain is damaged, doctors can sometimes use imaging technology to determine where the brain is damaged and how severe the damage is. However, with mild concussions, imaging technology has fallen short in determining long-term effects to the brain.

Product liability laws compensate victims of defective product

Product liability is essentially a tort action that makes a manufacturer civilly liable for damages if the product has a defective condition making it unreasonably dangerous to the user or consumer. The injured victim will generally make a claim to the manufacturer through an attorney. In that early phase, the West Virginia personal injury attorney will deal with the manufacturer's insurance carrier and provide to it all of the necessary factual and medical information. This includes a full description of what happened and a description of the dangerousness of the defective product.

New tech used to treat spinal-cord injuries

Mobility is the biggest issues that spinal cord injury patients have to deal with. Whether a person suffers from partial or total paralysis of part of their body, they might need assistance in their daily lives after an accident.

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