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Monthly Archives: February 2014

Birmingham Child Balcony Fall Results in Serious Injury

Feb 20, 2014 - Premises Liability by

A 7-year-old boy was in critical condition following a 5-story fall from a balcony in Birmingham. Authorities are still investigating what factors may have played a part in the fall. A Birmingham premises liability lawsuit could be a possibility depending on the particular facts of the case. Individual homeowners may also be liable in certain situations. Unfortunately, balcony falls are all too common, often resulting in critical injuries, or even death. Recent balcony falls since the beginning of the year include:

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Alabama Construction Falls a Deadly Reality

Feb 18, 2014 - Construction Accidents by

Two men were recently killed in an Alabama construction accident after reportedly falling some 90 feet to the ground from a man-lift on the side of a bridge. Officials with the Occupational Safety & Health Administration are investigating why the lift failed as the two men were reportedly placing wood under a bracket. Our Tuscaloosa construction accident lawyers understand the lift suddenly became detached from the side of the bridge as the two men were working. Both men were employed by Montgomery County’s primary contractor, R.R. Dawson Bridge Company, the company tapped to construct a multi-million dollar bridge at Highway 80 East which would pass over Interstate 85. This was just one portion of a 10-bridge project.

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Retained Surgical Items & Alabama Malpractice Claims

Feb 17, 2014 - Medical Malpractice by

In 2006, a female patient underwent a hysterectomy at a hospital in Demopolis, about an hour outside of Tuscaloosa. Everything seemed to have gone fine. Then five years later, she sought the assistance of a rheumatologist, as she was experiencing intense pain. An x-ray revealed the presence of a hemostat clamp, lodged in her abdomen – allegedly left there negligently by the surgeon who had conducted the earlier operation. Prior to having the clamp removed surgically, she suffered debilitating pain and life-threatening infections. She later filed a lawsuit, Tucker, Jr. v. Tombigbee Healthcare Authority, which was just recently reviewed by the Alabama Supreme Court.

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David Vinson, Jr. v. G & R Mineral Services, Inc. – Establishing Employer-Employee Relationship in Workers’ Compensation Claim

Feb 15, 2014 - Workers' Compensation/Work Injury by

The Supreme Court of Alabama recently affirmed a county circuit court’s decision in the workers’ compensation case of David Vinson, Jr. v. G & R Mineral Services, Inc.. Our Birmingham workers’ compensation lawyers recognize that the primary issue in this case was whether the defendant was in fact the worker’s employer, or whether it was a “special employer” (as opposed to a “general employer”), which would make the firm immune from liability. Per the Alabama Workers’ Compensation Act, a company is deemed a special employer when it is the co-employer of the injured worker. It’s sometimes referred to as the “loaned servant doctrine,” wherein one employer assigns its employee to perform services for another employer. In these situations, the employer who assigns the worker is the “general employer,” while the employer to whom the employee was assigned in a “special employer.”

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Severe Winter Weather Blamed for Many Alabama Auto Accidents

Feb 13, 2014 - Car Accidents by

Alabama isn’t generally known for being a cold-weather state. You might not be able to tell that, however, if you had ventured out onto the highways over the past several weeks. A 17-car pileup occurred recently in Hoover, just south of Birmingham. Then there were numerous cars and at least five 18-wheelers piled up recently on I-59. And in, Central Alabama, I-65 had to be shut down after numerous 18-wheelers jack-knifed in the middle of the highway. In fact, since Dec. 1, there has been at least one report of a weather-related, multiple-vehicle pileup somewhere in the country, according to a recent analysis by USA Today. Our Tuscaloosa car accident attorneys want to caution drivers to use the utmost care when heading out in bad weather.

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Medical Malpractice Watch: Alabama Fails the Grade on Emergency Care

Feb 11, 2014 - Medical Malpractice by

When it comes to emergency health care, Alabama received two failing grades out of five categories, as rated in the 2014 American College of Emergency Physicians. Not only is the care substandard, according to the 2014 America’s Emergency Care Environment report, it’s actually getting worse. The state had been ranked 38th in the nation in 2009. Alabama has since fallen to 44th. For its general lack of support of emergency patients, the state received an overall failing “D” grade. The state was graded in five categories: Access to emergency care, quality of patient safety, medical liability, public health and injury prevention and disaster preparedness. The ratings declined in every single one of those categories, compared to the most recent 2009 ratings.

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Fatal Fires — Alabama Nursing Home Disaster Plans Fall Short

Feb 2, 2014 - Birmingham by

Recently, 10 people in Quebec died and another two dozen more were presumed dead following a nursing home fire that broke out in frigid temperatures that thwarted rescue efforts. A resident smoking a cigarette is a possible cause of the blaze. Meanwhile in Connecticut, the case of Lexington Ins. Co. v. Lexington Healthcare Group, Inc., was recently reviewed by the state’s supreme court, following a dispute over assignation of blame following a 2003 nursing home fire. The blaze resulted in 13 claims of wrongful death and serious bodily injury. Although most of those injured and their survivors had been compensated in various settlements, the case between the nursing home and the insurance company continues to drag on. Our nursing home negligence lawyers know both of these cases underscore the need for facilities in Birmingham to have solid fire prevention and disaster response plans in place. Failure to have a proper plan or to follow it can be the basis for a nursing home negligence claim in cases where such failure results in injury or death.

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Geshke v. Crocs, Inc. – Product Liability Case Thwarted for Lack of Duty to Warn

Feb 1, 2014 - Dangerous Products/Liability by

Product liability lawsuits in Tuscaloosa must undergo a rigorous evaluation by a judge before the case can be heard by a jury. The exact elements of what you must prove are going to depend on the particular circumstances of your case. Generally speaking, though, product liability claims contain four basic elements: That you suffered some kind of damage or injury; That the product involved was either defective or lacked proper instructions or warnings; That the defect or lack of warning was the specific cause of your incurred injuries or damages; That at the time of the injury or damage, you were using the product more or less in the manner for which it was advertised and/or intended.

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Posted By: Chuck Kelley

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