Category: Personal Injury

Dec 20, 2012 - Personal Injury by Cross & Smith

Shopping for gifts, entertaining guests and decorating are all hallmarks of the holiday season. In doing all of these activities, there is a good chance that you will be visiting grocery stores, department stores, big box stores and shopping malls — probably more so than at any other time during the year. As you make your way to the mall and other retail outlets, it is important that you do everything in your power to stay safe. Our injury attorneys in Birmingham have some advice to help you avoid some potential dangers so you don’t fall victim to a holiday shopping accident.  Staying Safe at the Shopping Mall This Season Whether you are in a grocery store, department store, mall or other shopping venue over the holidays, there are certain things that present a risk to your safety and that could result in injury. Knowing about the risks and using a little bit of extra caution can go a long way towards avoiding injury. For example, some of the common sources of danger or potential risks to be aware of include:

Dec 19, 2012 - Personal Injury by Cross & Smith

The holiday season is a time for hosting parties and inviting guests into your home. When you have people over, you want to make sure that they have a good time and enjoy the celebration. However, you also have a more important responsibility — making sure that your guests are safe and that they do not present a danger to themselves or to others. Our injury attorneys in Tuscaloosa want to remind hosts and hostesses of their obligations when they invite guests into their home this holiday season. We also have some tips for those hosting parties to help ensure that the guests are safe and that the host doesn’t become legally liable for injury. Your Obligation To Your Guests When you invite people to your home for the holidays, you have an obligation to make sure that your house is reasonably safe. You should correct any hidden dangers or hazards that exist on the premises, or in the alternative, warn your guests of any hidden dangers or hazards. This means if you have a sidewalk that is prone to getting slippery; a loose or wiggly railing; broken steps or any other potential hazards in your home, you may want to fix them before inviting guests. If there are things you can’t fix, let your guests know of the problem so they aren’t in danger of hurting themselves while visiting.

Nov 6, 2012 - Personal Injury by Cross & Smith

If you need another reason to put the phone down and pay attention behind the wheel, FOX Business is reporting that texting drivers could soon by paying more for car insurance. Our Tuscaloosa personal injury lawyers have blogged about the risks associated with texting while driving. Studies show drivers using a hand-held cell phone are four times more likely to be involved in an accident. While those who are text messaging are at 23 times greater risk for a crash, according to the U.S. Department of Transportation.  In Alabama, drivers are prohibited from texting while at the wheel. The law makes it a primary offense, which means a motorist can be stopped and ticketed. The Governors Highway Safety Association reports 39 states now ban texting and driving. Alabama also prohibits drivers under the age of 18 from using a cell phone while driving.

Oct 30, 2012 - Personal Injury by Cross & Smith

A 94-year-old Decatur woman died over the weekend after rolling downhill away from a nursing home during an apparent fire drill. As we reported in October on our Alabama Injury Attorneys Blog, the recently passed trust-fund amendment was championed by the nursing home industry as a way to avoid drastic cuts that could lead to short-staffing and neglect in nursing homes and assisted living facilities throughout Alabama. While we await all the facts and circumstances of this particular case, here’s what we know: The elderly woman was hospitalized Wednesday after her wheelchair rolled downhill outside the Country Cottage Living Facility. A relative said she developed pneumonia after the accident, although cause of death has not yet been determined.

Oct 25, 2012 - Personal Injury by Cross & Smith

According to officials with the AAA Foundation for Traffic Safety, Halloween is the most dangerous day of the entire year for pedestrian accidents in the United States. To no surprise, a majority of these accidents involve children. Our Tuscaloosa pedestrian accident lawyers are asking parents to take the proper safety precautions and to talk with their children about safe traveling habits to help to keep our little ghost and goblins safe during their trick-or-treating adventures. We’re also asking homeowners and drivers to make sure that they keep a lookout for our young ones on All Hallow’s Eve. Burns and trips and falls are all common causes of accidents on Halloween. Luckily for homeowners, a little preparation and thought can go a long way toward protecting our children from harm. Medical professionals with the Tuscaloosa Surgical Center offer homeowners, parents and pedestrians some important safety tips. Keeping Kids Safe: -Make sure that each child has a flashlight or is wearing bright or reflective clothing. You want to make sure that they’re easily seen by motorists.

Oct 20, 2012 - Medical Malpractice by Cross & Smith

In a recent Alabama Supreme Court decision, Boudreaux v. Pettaway, the state’s high court upheld a $ 4 million medical malpractice/wrongful death claim. In 2006, a 32-year-old mother, who had previously undergone gastric bypass surgery, arrived at Springhill Memorial Hospital in Mobile complaining of vomiting and abdominal pain. She died during an exploratory laporotomy.  The estate of Paulett Pettaway Hall sued Dr. Randall Boudreaux and other defendants, including Coastal Anesthesia for wrongful death and medical malpractice.

Sep 26, 2012 - Birmingham by Cross & Smith

A new warning has been issued about the risks of child injury involving backyard trampolines. On Monday, the American Academy of Pediatrics reported nearly 100,000 children a year are injured on these trampolines. “Pediatricians need to actively discourage recreational trampoline use,” said Michele LaBotz, MD, FAAP, co-author of the report. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.” Birmingham personal injury attorneys understand children are most at risk for injury by dangerous or defective products. Each year, the Consumer Products Safety Commission recalls more than 100 defective products marketed to children — including clothing, toys, cribs, strollers and highchairs.

Sep 25, 2012 - Personal Injury by Cross & Smith

A rash of small plane accidents in Alabama has authorities concerned as we enter the autumn flying season. General aviation enthusiasts like to say flying is as safe as driving. While that might be true for flying commercial, it’s patently false when it comes to general aviation. Small plane flight is comparable in risk to riding a motorcycle. That is to say, quite dangerous. In fact, the Airplane Pilot and Owner’s Association (AOPA) reports more than 1,200 general aviation accidents occur annually. In 2009, the FAA reports 475 of the nation’s 535 aviation fatalities occurred in the private aviation sector. Sixty-eight fatal Alabama plane crashes were reported from 2007-2009. A small plane crash killed two people Monday in Cullman County. The accident happened off Cullman County Road 174 near Smith Lake when a Mooney aircraft out of Destin, Florida crashed after the pilot radioed a report of difficult weather conditions and issued a Mayday call. An accident on Saturday involving a seaplane claimed the life of a man on Weiss Lake in Cherokee County. Two others were also killed on Saturday when their World War II era plane crashed in Madison County at the Moontown Grass Field Fly-in.

Sep 5, 2012 - Personal Injury by Cross & Smith

Many of us drive for work. In fact, transportation accidents are the leading cause of fatal job accidents in this country, according to the Bureau of Labor Statistics. Transportation accidents were responsible for 1,795 of the nation’s 4,551 workplace deaths in 2010, accounting for one-third of all deaths on the job. In such cases, an injury lawyer in Tuscaloosa should have significant experience in handling work place injury cases, as well as personal injury claims and car accidents. And, if you drive for work, you should know how important it is to carefully review your insurance policies and to understand the coverage available in the event of an accident. In Nationwide Mutual Ins. Co. v. Thomas, The United States District Court for the Northern District of Alabama, Eastern Division certified two questions of first impression to the Alabama Supreme Court: 1) Whether Nationwide could enforce a coverage exclusion clause in a car insurance policy for transporting people or delivering newspapers as part of the insured’s job. 2) Whether the exclusion applied after the last paper was delivered but while employee was still driving as part of the job.

Jul 17, 2012 - Personal Injury by Cross & Smith

As we reach the height of summer, our Tuscaloosa personal injury attorneys would like to take time to talk to you about the importance of water safety and avoiding swimming pool accidents in Alabama. The Centers for Disease Control reports about 10 people a day die as a result of drowning accidents. About 3,500 drown while swimming, and another 350 die from drowning as a result of boating accidents. In addition, thousands are seriously injured by near-drowning. And the data shows many will need significant hospital care for serious injuries, including brain injuries. Brain injuries caused by lack of oxygen can result in long-term disabilities, including memory and learning problems. Half of near -drowning victims treated in hospital emergency rooms require extended care, including those whose injuries result in permanent vegetative state.