Category: Personal Injury

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.

Aug 12, 2013 - Birmingham by Cross & Smith

Our Birmingham personal injury lawyers handle cases involving Alabama ATV crashes. The U.S. Consumer Product Safety Commission reports that there have been nearly 300 ATV-related deaths in Alabama from 1982 through 2011. Nearly a third of those occurred within the last three years of that time frame, and 80 were children under the age of 16. There is no state agency that regulates ATVs. The state is one of only four in the country with no ATV laws. That almost changed in 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/, but the effort sputtered out. The only formal restriction is that ATV’s may not be driven on sand dunes or on beaches along the Gulf of Mexico. Still, even in states that have stricter laws, sometimes it’s not enough to prevent tragedy.

Aug 7, 2013 - Birmingham by Cross & Smith

Kevin Pearce was a skilled snowboarder. So skilled, in fact, it was believed he stood a strong chance to claim the Olympic gold medal from Shaun White, recognized to be the reigning king of the sport. But our Birmingham brain injury lawyers know that was before a training run crash in Park City, Utah on Dec. 31, 2009. He suffered massive trauma to his body, and his brain. He lapsed into a coma. Some thought he might die. He survived, but he emerged a different athlete, and a different person.

Jul 15, 2013 - Birmingham by Cross & Smith

Last year, the federal government offered up a $10 million federal transportation grant to cover street repairs, new sidewalks and bicycle lanes, plus bicycle paths in Birmingham, especially in the tornado-affected area of Pratt City. Our Birmingham bicycle accident attorneys recognize that these moves are ultimately intended to reduce injuries and fatalities for cyclists, who account for 2 percent of all traffic fatalities each year. Some of those dollars have already been put to good use, although we know at the outset that other projects will take years to implement. It may take even longer for motorists’ attitudes and awareness of cyclists to expand to the point that they consider cyclists a routine aspect of traffic, rather than an anomaly to be ignored or scorned.

Jul 7, 2013 - Personal Injury by Cross & Smith

It’s been just over two years since Alabama passed a law forbidding young athletes from continuing to play if a concussion is suspected. Our Tuscaloosa brain injury lawyers know that the measure failed to receive a lot of publicity when it passed. In some areas, officials say it’s going to take time to spread the word. There is no enforcement component of the law, but athletic facilities that fail to adhere may face a refusal of coverage by insurance companies. That certainly helps.

Jun 14, 2013 - Birmingham by Cross & Smith

Dogs can be wonderful pets and great companions for kids and adults alike. Unfortunately, dogs can also cause serious injuries if the animal is aggressive or not properly trained. Dog attacks can lead to lacerations, cuts, bruises, broken bones, amputations, scarring, disfigurement or even death. Our Birmingham dog bite lawyers know that the number of bite incidents has remained relatively stable over the past decade. However, as Time Business and Money reports, the amount of money paid out by insurance companies as a result of dog bite incidents has increased significantly. Today, more than a third of all dollars paid out in homeowner’s liability insurance claims is paid to cover dog bite damages.

May 1, 2013 - Birmingham by Cross & Smith

A new report reveals that 2011 was a dangerous year for cyclists. Our Birmingham personal injury lawyers have learned that the National Highway Traffic Safety Administration has just released statistics revealing a nearly 10 percent spike in the number of pedalcyclists killed on U.S. roadways. Pedalcyclists would include any rider of a non-motorized, two-wheeled vehicle, which could include unicycles and tricycles. Mostly though, we’re talking about bicyclists. Although we’re looking at figures from 2011, comprehensive statistics were just released by the federal government and are the most recent available. The snapshot they provide is troubling.

Mar 18, 2013 - Birmingham by Cross & Smith

A company that manufacturers traveling play yards for infants and toddlers has agreed to pay a hefty civil fine in order to resolve allegations that it failed to report defective child products or remove them from the market. Our Birmingham personal injury lawyers understand that the defect resulted in hundreds of reports of the product collapsing on infants and young children. In all, there are about 350 reports of collapsed play yards between January of 2000 and July of 2009. Of those, nearly two dozen resulted in injuries. Those included scrapes, bruises, bumps – and at least one concussion. When you’re talking about a child that young, even seemingly minor falls or impacts to the head have the potential to do serious and lifelong damage.