Category: Personal Injury

Dec 5, 2013 - Birmingham by Cross & Smith

The Alabama Supreme Court recently sided with a plaintiff seeking damages against a grocery store pharmacy for injuries she suffered after she was given the wrong prescription. Defense counsel in Morgan v. Publix Super Markets Inc. argued in their motion for summary judgment before the Jefferson Circuit Court that the plaintiff failed to make her case because she hadn’t produced an expert witness that would have established a breach of the applicable standard of care under the Alabama Medical Liability Act. However, in reversing the trial court’s earlier decision to grant that motion, the Alabama Supreme Court found that a pharmacy’s negligence in dispensing the wrong medication is so straightforward that the plaintiff didn’t need the testimony of an expert witness to prove it.

Dec 4, 2013 - Personal Injury by Cross & Smith

It was supposed to be one of those weekend that the four young teen boys would have looked back on for years to come with fond memories. It was the Fourth of July. Their families were preparing for a large reunion at a lake house in Huntsville. The adults busied themselves with barbecue preparations. The boys gathered down by the dock to “hang out.” What happened next has become an indelible memory for all, though one they likely wish they could forget. It ultimately resulted in one of those boys suffering a serious firework injury, resulting in an Alabama personal injury lawsuit alleging negligence, wanton supervision and assault. The case of Beddingfield v. Linam was recently heard by the Alabama Supreme Court, which affirmed most of the trial court’s findings of negligence on behalf of the adults who owned the lake house. However, the court did reverse part of the earlier verdict alleging negligent entrustment.

Nov 12, 2013 - Personal Injury by Cross & Smith

Officials with the Tuscaloosa Fire Department’s Haz Mat team recently responded to a train fire in Pickensville. Emergency response teams worked to disconnect the train cars that were on fire. According to ABC33, there were at least five or six cars involved in the blaze. The train was carrying crude oil and officials reported at least two explosions. A dozen cars were derailed in the accident. Officials let those cars burn out, instead of trying to put them out. While train accidents can be devastating when trains derail or collide with one another, they can be even more devastating when they collide with passenger vehicles or even pedestrians and bicyclists. Our Tuscaloosa personal injury lawyers understand that railroad crossing safety rarely gets the attention it deserves. And unfortunately, they’re alarmingly common. In many cases, these crossings do not have adequate warnings. In other cases, the equipment may be dated or even inoperative. Operation Lifesaver reports that there were close to 2,000 railroad crossing accidents reported in the U.S. in 2012. There were nearly 300 people killed and another 950 who were seriously injured. In all, there are over 210,000 railroad crossings currently in the U.S. and more than 129,000 intersect with public roads.

Oct 30, 2013 - Car Accidents by Cross & Smith

Officials with the National Highway Traffic Safety Administration (NHTSA) recently unveiled a new safety campaign that’s working to keep teens safe through the busy upcoming holiday driving season. It’s the “5 to Drive” campaign and it’s addressing the five factors that can have the biggest impact young drivers’ careers behind the wheel. “The ’5 to Drive’ campaign gives parents and teens a simple, straightforward checklist that can help them talk about good driving skills,” said U.S. Transportation Secretary Anthony Foxx. Our Birmingham car accident lawyers understand that traffic collisions continue to be the number one cause of death for teens across the nation. In 2011, there were more than 2,100 teen drivers who were involved in deadly collisions. Close to half of those teens were killed in these accidents. And to help to reduce the risks, we’re calling on parents to step in and kick off the conversation today. Sit down and talk with the teen driver in your family about the risks behind the wheel and the habits that can help keep them safe.

Oct 15, 2013 - Personal Injury by Cross & Smith

Everyone loves a good scare on Halloween, but not when it comes to child safety. There are several easy and effective behaviors that parents can share with kids to help reduce their risk of injury. During Halloween, children are more likely to be killed in a pedestrian accident than any other night of the year. This is why it’s important that we not only instill safe habits before the big night, but that we also provide supervision to smaller kids who need it. It’s also important that we dress them in safe costumes that won’t cause any problems.

Oct 1, 2013 - Car Accidents by Cross & Smith

Involvement in a Tuscaloosa car accident typically happens suddenly and without warning. The only way to prepare is to steel yourself before each and every trip, no matter how seemingly insignificant. That means buckling your seat belt, making sure the kids are properly restrained, keeping your vehicle in good working condition and remaining alcohol and distraction-free. Now, it may also mean affixing a yellow dot to the back of your vehicle.

Sep 18, 2013 - Birmingham by Cross & Smith

It is an exciting time to be a college football fan in the State of Alabama and as fans we look forward to watching our favorite team play on TV but we especially look forward to the games we actually attend. For some fans their tailgate party is more of a small gathering of friends and family, while for others it is the social team party of the century. These game day celebrations often include alcohol, and unfortunately statistics reflect a substantial increase in drinking and driving accidents on football game days. Several college football teams will play their first home game of the season this Saturday, including Alabama (vs. Colorado State University) and we here at Cross and Smith, LLC are encouraging all college football fans that if they choose to drink alcohol, that they drink responsibly, designate a sober driver, get a cab, use public transportation or contact a friend or family member to ensure they get home safely and without being a danger to others on the road. All fans need to be made aware that, if they drink and drive and cause an accident, not only can they can face criminal charges but they can be sued for damages suffered by anyone that was injured as a result of the accident.

Sep 11, 2013 - Birmingham by Cross & Smith

With the Fall season right upon us, we look forward to all the different State Fairs coming to town. Along with all the great food and prizes to be won, we also need to be reminded of the potential dangers of the amusement rides. Just this past weekend at a fair in Connecticut, 18 people including 12 children were injured after one of the amusement rides malfunctioned. The incident is currently under investigation as to the cause of the malfunction and the police are looking into whether the owner of the ride has been cited for any prior safety violations. Owners and operators of state fairs and/or amusement parks have a legal responsibility to ensure the safety of the riders and the visitors to their park. That includes ensuring the property and their attractions are properly maintained and kept in a reasonably safe condition. Although each incident may have different circumstances, legal responsibility for injuries incurred by the riders could rest on the amusement park owner, the ride designer or manufacturer, the ride operator and/or a ride owner. Among the potential claims made against these types of defendants are including, but not limited to, wrongful death, negligence, premise liability and/or defective product claims all of which our attorneys at Cross and Smith, LLC handle.

Aug 18, 2013 - Birmingham by Cross & Smith

A recent scene on I-65 in Birmingham, just south of Chilton County Road 59 caused traffic to grind to a halt, as a trailer hauling some 20 cows overturned. It was nearly three hours before officials could get things moving again. Our Birmingham personal injury attorneys understand that farm equipment traveling on the roadways can create a dangerous condition. Although thankfully no one was seriously hurt in this most recent incident, 2007 study published in the Journal of Rural Health revealed that there are a number of factors that contribute to increased injuries and fatalities when crashes involve farm equipment.

Aug 15, 2013 - Birmingham by Cross & Smith

With the start of the new school year comes the beginning of school-sponsored sports — something in which Alabama students, coaches and parents take great pride. However, our Birmingham personal injury lawyers know that such activities sometimes come at an enormous risk to the students involved, particularly if all precautions aren’t taken prior to the start of the season. While some states like Illinois are just now beginning to kick off discussions about insurance for student athletes who may incur catastrophic injuries, it is already required in Alabama by both the Alabama Independent School Association and the Alabama High School Athletic Association, with coverage capped at $1 million.