Personal Injury and Wrongful Death Headlines

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Personal Injury

[07/30] Mont. officials await test results in bear attack
[07/30] Inmate sues man he's convicted of burglarizing
[07/30] 1,200 homes evacuated in LA Co. as fire spreads

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Articles

Personal Injury-Wrongful Death

I Have Been Hurt by Using a Defective Product, Who is Responsible for My Injuries?

There are many products on the market that we use today. Since the products are available to us, we assume that they have been tested, approved by the proper authorities and are safe. However, this is not always the case and injuries may occur. Products on the market that cause injuries may be found to be inherently unsafe and defective. A product may be defective in its design or in the way it was manufactured. The cause of the defect may determine the party responsible for any injuries you have suffered due to using the product. The liable parties will also depend on the type of product and the factual situation in which you were injured.

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Injury Due to Medical Malpractice

Health care workers, including doctors, nurses, other hospital staff members or other health care related professionals, must be held to an industry standard of care when administering treatments to patients. The industry standard has been established by what type or level of care other health care employees/professionals would provide a patient in similar or comparable conditions. If a health care employee does not meet the industry standard of care when administering, or failing to administer, treatment to a patient and the patient is injured as a result, medical malpractice may have occurred. If this is the case, the injured individual may have a legal claim for compensation for injuries suffered. It is important to note that not all injuries a patient may suffer are the result of medical negligence. Medical treatments often have risks involved and negative results may be unavoidable. To have a medical malpractice claim, the patient’s injury must be the result of the negligent action (or inaction) of a medical health care provider.

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Case Summaries

Injury & Tort Law

[06/25] Crescent Towing & Salvage Co. v. Chios Beauty MV
In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted "direct hit" on New Orleans by the hurricane, its factual findings based on this finding, and the ultimate finding of negligence to the extent that it relied upon this finding. However, the matter is remanded where the district court needed to enter an order setting the total amount of recovery plaintiffs could recover in rem.

[06/25] Bagby Elevator Co. v. Schindler Elevator Corp.
In an action for tortious interference with contract, judgment for plaintiff is affirmed where: 1) under the court's highly deferential standard of review, there was no reversible error in the district court's decision to use the pattern jury instruction; 2) there was sufficient evidence of both malice and gross negligence to support an award of exemplary damages; and 3) there was ample evidence of causation to support the verdict.

[06/25] Lal v. State of Cal.
In an action against the California Highway Patrol and certain officers for the shooting death of plaintiff's husband, dismissal of the action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute when her attorney failed to meet deadlines and attend hearings is reversed where an attorney's gross negligence constituted an extraordinary circumstance warranting relief from a judgment dismissing the case for failure to prosecute under Rule 41(b).

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Frequently Asked Questions

Personal Injury-Wrongful Death

What remedies does a railroad worker, who is injured while working, have?

What is a slip and fall action?

Can anyone bring a wrongful death claim?

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