Category Archive for ‘Personal Injury’

These are possible theories for products liabilities: (1) strict products liability, (2) negligence, (3) implied warranties, and (4) express warranties.

To prevail on a strict products liability action, a plaintiff must prove the following elements: (1) strict duty owed by a commercial supplier, (2) breach of that duty, (3) actual and proximate cause, (4) damages, and (5) no defenses.

A commercial supplier is a manufacturer or distributor of a product. For example, a manufacturer who manufactured allergy pills, owed a duty to users, consumers, and bystanders. If an injured party was a user of the pills, the manufacturer owed

In a personal injury action, the plaintiff usually bases the case on negligence when the injuries are caused by accident. Negligence requires a breach of duty that is the actual and proximate cause of damages with no defenses.

A duty is owed only to a plaintiff in the foreseeable zone of danger. For example, Gayle, a driver, owes a duty of reasonable care to people on the street. If she hits Paula, while Paula is walking on the street, Gayle owes Paula a duty. Paula is within the foreseeable zone of danger.

The standard of care required of

James Marshall’s acting career ended when he started taking Accutane, according to Bloomberg.com. As a result of taking the Accutane acne drug, Marshall required emergency surgery to remove his colon and bowel ailments, leaving him unable to work. Marshall, age 44, played U.S. Marine Louden Downey in the 1992 movie “A Few Good Men.” He sought at least $11 million in damages from Roche Holding AG. An estimated 16 million people took Accutane to treat acne before Roche pulled Accutane off the market in 2009after juries awarded millions to former users over bowel-disease claims.

Drugmaker GlaxoSmithKline settled

Personal injuries result from a serious car accident, employment mishap, slip and fall, defective product, or other careless or reckless conduct. Personal injuries force the injured person, spouse, or dependents, to go through not only bodily pain, but emotional and financial hardship.

When injured, at the fault of another, deserved compensation, includes:

• medical care,
• loss of earnings,
• pain and suffering,
• emotional distress,
• psychological counseling.

The value of each case depends on the permanency of the injury, the medical treatment required, the time a person is kept from work in order to heal, and the extent of emotional trauma. For instance, life enjoyment after a spinal

Every day, people’s unsafe premises cause other people to slip and fall, resulting in traumatic bodily and emotional losses, including injuries to the hip, brain, spinal cord, and death.

Premises liability laws make property owners, including homeowners and business owners, keep property in a reasonably safe condition.  Property owners must warn visitors, even trespassers, of any hazards such as barking dogs, when they create a dangerous condition on property, or allow a dangerous condition to persist.  Examples of defective conditions:

Ground opening
Slippery floor
Crack on the ground
Bump on the ground

An unreasonably long period of time for a property owner to allow a defective

Though bike wrecks might result in a person getting personal injury damages, not getting injured in the first place is better, and can be done by taking safety into account when bicycling on the road with cars.

Safety requires having the right gear, understanding Florida traffic laws, and keeping a bike well maintained.

On gear, wear a helmet. In Florida, when in a crash, helmets are sick, head injuries are not. Before going on a ride, wear a helmet low in the front to protect the forehead, then fasten the buckle and tighten the chin strap. Adjust the