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Monthly Archives: July 2014

Court: Nursing Home Negligence Case May Proceed

Jul 24, 2014 - Nursing Home Neglect by

A case of alleged nursing home neglect may proceed to trial after the Wyoming Supreme Court determined that, although the claim failed to meet technical statutory and constitutional requirements, the defendant did not adequately raise such deficiencies. Our Tuscaloosa nursing home neglect attorneys understand this was essentially a case where a technical failing on the plaintiff’s part was negated by a technical failing by the defendant. Given that many for-profit nursing homes have deep pockets and can afford a top-notch defense, most plaintiffs can’t afford to make such errors. This is why it’s imperative to take your case to a lawyer with extensive experience and proven success. The case of Harmon v. Star Valley Med. Ctr. began as many instances of litigation surrounding Alabama nursing home neglect do:  with a fall. The Centers for Disease Control and Prevention have found that the average 100-bed nursing home in the U.S. reports between 100 and 200 falls every year. Unfortunately, the vast majority of falls go unreported, and far too many patients lack the capacity to report on what has happened to them. Nursing homes have a responsibility to prevent falls by recognizing when patients may be at risk for such issues. They also have a duty to respond quickly and appropriately when they occur. Failure to do so may amount to negligence. While not every nursing home fall is worthy of a lawsuit, one that results in serious injury or death requires careful review by a legal professional. In the Harmon […]

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Alcohol & Drug Use Common Cause of Alabama Trucking Accidents

Jul 20, 2014 - Truck Accidents by

The U.S. Department of Transportation took nearly 300 commercial truck drivers off the road in June for violating the Federal Motor Carrier Safety Administration’s drug and alcohol policies. The two-week enforcement blitz targeted motor carriers in violation of federal drug and alcohol testing requirements. In all, 128 companies face enforcement action. The feds were also looking to identify commercial bus and truck drivers who jump from carrier to carrier in order to avoid drug testing and reporting requirements. “All drivers and their passengers deserve to be confident that bus and truck drivers are safe and sober,” said U.S. Secretary of Transportation Ray LaHood. A total of 287 drivers face fines and may be barred from operating a commercial motor vehicle. A 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ study by FMCSA found drug use was the most common cause of trucking accidents — Prescription or illegal drug use was involved in 26 percent of trucking crashes.

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Product Liability for Defective Guns in Alabama

Jul 18, 2014 - Dangerous Products/Liability by

A large portion of Alabama residents pride themselves on being owners of firearms. Assuming they are not felons and lack a substance abuse or mental health issue, that is their Constitutional right. However, it’s no secret guns can be incredibly dangerous. In some cases, they are manufactured in a way that makes them unreasonably dangerous. Our Birmingham dangerous products lawyers recognize that it’s not enough to prove someone was seriously injured or even killed with a firearm. In a case alleging product liability involving a gun, one must be able to prove that the weapon was unreasonably dangerous when used appropriately. Alabama law requires that products be fit for the ordinary purpose for which such goods are used. However, there have been some cases in which “ordinary purposes” have been shown to mean not only the use intended by the manufacturer or seller, but those uses that are reasonably foreseeable.

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Burlington Coat Factory v. Butler – Alabama Retail Premises Liability

Jul 16, 2014 - Premises Liability by

The Alabama Court of Appeals has reversed a trial court verdict in favor of a shopper who brought a premises liability claim against a retailer after suffering injuries when struck in the face by a mounted metal bracket. Tuscaloosa premises liability lawyers understand the court determined the only way the plaintiff in Burlington Coat Factory of Alabama LLC v. Butler might have proven her case would have been based on the doctrine of res ipsa loquitur, which was not asserted and was likely not applicable. The phrase is Latin for “the thing speaks for itself.” In legal cases, it is the theory that one can be negligent if he had exclusive control over whatever caused the injury, even when there is no specific act of negligence alleged. Instead, the plaintiff in this case had asserted theories of negligence or wantonness. While the trial court dismissed the wantonness claim at the conclusion of the trial as a matter of law, she was awarded $26,000 in damages for her negligence claim. The appellate court reversed, agreeing with the defendant that there was not enough evidence to show that the product was dangerous or defective or that employees on site had been negligent in their installations or inspections of the device.

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Alabama Forest Products v. Harris – Attendant Care in Alabama Workers’ Compensation

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

For years, courts in Alabama held that workers who suffer a job-related injury may not collect compensation for attendant care by family members if it does not serve to improve the disabled employee’s condition. When it serves only to prescribe the facility of independent functioning, the courts held it’s generally not covered, unless it serves to prevent the deterioration of one’s condition. That changed in 2008 with the decision in Ex parte Mitchell, when the Alabama Supreme Court held this was too restrictive and not in line with legislative intent. Therefore, care that serves to prevent deterioration and preserve function is also covered. Our Birmingham work injury lawyers understand this was what was at issue before the Alabama Court of Civil Appeals in the case of Alabama Forest Products Industry Workers’ Compensation Self-Insurer’s Fund v. Harris, an appeal that arose from the Marengo Circuit Court.

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Graf v. Hospitality Mutual – Alternative Ways to Secure Premises Liability Judgment

Jul 2, 2014 - Premises Liability by

A woman slipped and fell inside a bar and sustained serious injuries. The bar was found liable and ordered to compensate her $500,000, plus $112,000 in prejudgment interest. However, the company’s liability insurance maxed out at $500,000 per person per incident. How could the plaintiff collect? Tuscaloosa slip-and-fall lawyers note that in Graf v. Hospitality Mut. Ins. Co. she sought a writ of attachment on the bar’s liquor license in order to secure the excess judgment. A writ of attachment is a court order to “attach” or seize an asset. A prejudgment writ of attachment can be used prior to the conclusion of a case, while the outcome is pending, to freeze assets and ensure compensation will be available to the plaintiff in the event he or she is awarded damages.

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"We realize there are many options for representation out there, and we talked with several of the “big names” before finding Cross and Smith. With the others, it felt like we were being bullied, in a tank with hungry sharks. We are still receiving junk mail from some. We are SO thankful we were referred to Justin Smith (Cross and Smith) for our accident claim. He and his team were absolutely amazing."
Posted By: Jamie Wyatt

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