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January 2014 Archives

State government may be responsible for deadly car accident

A West Virginia man is dead after a fatal car accident. The estate of the man maintains that the fatal aspect of the car accident was caused by negligence. Additionally, the estate of the man has filed a lawsuit against the state, claiming that his death was unnecessary.

Man facing drunk driving charges after a fatal car accident

A West Virginia man has been given a trial date in a case that involves a fatal car accident related to drunk driving. The defendant is accused of killing a police officer in the course of a drunk driving car accident. He is currently facing between 25 to 50 years incarceration for the incident.

Defective medical device claim is allowed by federal judge

The statute of limitations in a lawsuit claiming a defective medical device begins to run when the patient reasonably should have known that there was a defect in the implanted product. Where the treating doctor makes assurances to the patient regarding the defective medical device the patient may reasonably be kept from investigating further and discovering the defect. Thus the statute of limitations doesn't begin to run while the doctor is reassuring the patient, according to the federal judge who is presiding over multi-district litigation in a West Virginia federal district court.

Wrongful death claim ok when chair collapse causes fetal death

Most states allow a wrongful death civil action for damages for the loss of an unborn fetus but with the proviso that the fetus must be viable. Although there may be several tests for what is a viable fetus, the issue is actually irrelevant in West Virginia where the courts have ruled that a wrongful death action for loss of a fetus is recognized from conception until birth. West Virginia is in the minority of states that do not require proof of viability of the fetus in order to collect in a wrongful death action.

Teen holds adults accountable for texting and driving

There is no debate that texting and driving is a hazardous activity. People who text and drive are often not paying attention to the cars around them. However, one girl in another state is working to get the attention of people off of their phones and back on the road.

Making Memories in the Snow

cscott.jpgAs the weekend fast approaches so does the snow filled forecast. Some will stay bundled up around the fireplace in their home and some will take the kids out for a fun snowball fight. As a child, my siblings and I would spend what seemed like hours outside playing in the snow. Mom would yell out the front door every now and then to make sure we weren't frozen but for the most part let us play until we couldn't stand the cold any longer. Oh how the memories make me smile when I think back of the snow forts we built with the neighborhood kids and the awesome snow ball battles we would have.

Pool drained onto road in freezing temp leads to car accidents

Common sense might not always prevail. According to a report, a man in another state was arrested after he was working on a pool, and drained the pools water onto a road, despite temperatures below freezing. The water quickly froze on the road, causing multiple accidents.

Car, fire truck involved in fatal West Virginia crash

A car and fire-truck collided in West Virginia over the weekend. According to a report, the car was trying to pass another vehicle. The vehicle entered the northbound lane, traveling south, and was unable to get back into the proper lane when a fire truck hit the car.

Auto defect recalls shake-up major airbag manufacturer

Although airbags have saved thousands of lives since their widespread inception, they have also taken some lives and seriously injured others due to product defects. One of the largest makers of airbags is a company called Takata that has recently presided over one of the largest auto defect recalls in history. The company took a $300 million charge and was even shaken up internally, all due to defective airbags. The recalls involved Honda, Nissan, Toyota and BMW's, and have affected auto owners in West Virginia as well as all other states.

Defective product of contaminated chicken recalled nationally

Food can be a defective product for purposes of product liability law. If a manufacturer or retailer puts food on the market that is a defective product, the responsible parties will be liable for all injuries caused. Like in all other product liability cases, strict liability is available in West Virginia as well as all other jurisdictions. Thus, as long as a defect can be proved and the product was being used for its intended purpose, then liability will follow even if the manufacturer or retailers were careful and used due care.

Brain injuries could result in early death

People who have suffered a brain injury are at risk for many different symptoms and long-term side effects. While there are catastrophic brain injuries that might be unsurvivable, there are also brain injuries that can lead to a person needing around the clock care or just frequent checkups to ensure their health.

Helmets may not reduce brain injuries in skiers, snowboarders

With 70 percent of people who participate in winter skiing and snowboarding wearing helmets while they are on the slopes, most people would have predicted that the number of serious head injuries would have decreased, especially knowing the number of helmet wearers has tripled in the last decade.

Maker of defective product for weight loss pays $26.5 million

The federal government has caught up with a few of the many deceptive products that promise miracle weight loss and deliver nothing. One of the enforcement duties of the Federal Trade Commission is to stop false advertising with respect to a defective product marketed in interstate commerce. The agency operates with authority in West Virginia and all other states.

West Virginia still has bad mine safety record

Mining accident and fatality numbers in West Virginia are consistently among the highest in the country, according to a new report. The report released by the Office of Miners' Health, Safety and Training provided a number of recommendations to help West Virginia rid the label of a dangerous mining state.

Suit to continue after late discovery of faulty medical device

From time to time, West Virginia patients discover an implanted medical device is faulty. When that happens, the injured party may be entitled to file a products liability claim against the manufacturer of that product, and possibly other parties as well, for any damages the faulty medical device caused. Even if the time limit for the filing of such a suit has passed, an exception may be possible to allow the lawsuit to go forward.

Are self-driving cars the promise of the future?

Autonomous driving vehicles are the way of the future. It seems that industry experts are not debating if vehicles will ever be able to drive themselves with no human involvement, but when this will happen. According to recent reports, the introduction of self-driving cars into the mass market is less than a decade away, with a major boom expected over the next two decades.

Victims involved in West Virginia crash remain hospitalized

Two vehicles were involved in a car accident over the weekend in Kanawha County. According to a report on the crash, one of the vehicles was overturned and one victim was ejected from the vehicle. One of the victims was in critical condition in the hospital and the other victim remained in the hospital but suffered non-life-threatening injuries.

Spinal cord injury victims aim to reignite research

A research program based in New York has given over $70 million in grant money to spinal cord injury experts since 1998. However, since 2010, nearly all of the program's money has gone towards paying down the state's budget deficit of $7.4 billion. Now, some spinal cord injury victims and researchers from establishments such as the Burke Rehabilitation Center and the University of Rochester are beginning to push for the program's rejuvenation.

Supplement may be defective product, may lead to liver damage

One of the most lucrative industries is the nutritional vitamins and supplements market. They're sold over-the-counter and are not closely monitored by the FDA. In fact, the FDA has a label warning on the products telling the consumer that the products are not checked by the agency. Of course, food and nutritional products are subject to the product liability laws of each state, including West Virginia. If a defective product is put on the market and it causes injury to the intended user, who used it in the manner intended without changes, the maker of the product is strictly liable for the injuries caused.

Charleston judge emphasizes dissent in personal injury ruling

The West Virginia Supreme Court recently overturned the ruling of a lower court in a controversial move that may alter the landscape for personal injury lawsuits in the state. The incident in question involved a man who suffered a brain injury after falling down a flight of stairs that connects two parking lots in Martinsburg. The parking lot is located near a store known as Second Time Around.

Driving drunk in West Virginia costly in many different ways

As drivers in West Virginia begin a new year, it might be a good time to revisit the costs of driving drunk. While the statistics are showing a general downward trend in recent years, it is still believed that driving while intoxicated is the most commonly committed crime in the U.S. One West Virginia police officer stated that increased awareness and law enforcement has contributed to the decline in DUI problems, but overall, the problem is still prevalent.

Worker sues, alleges defective product caused blindness

Power tools have been the subject of many product liability claims over the years. Each product is usually a result of a unique design, with the variety of purposes being almost endless. Regarding product liability law in West Virginia and other states, a defective product usually involves a manufacturing flaw, a design defect or a failure or inadequacy of warning. A design defect indicates that the design of the product presents an unreasonable danger to the end-user.

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