South Carolina Injury Lawyer Blog

The owner of a chimpanzee that mauled and blinded a woman is calling the attack a work-related accident. The owner says the woman’s case should be treated like a worker’s compensation claim. If this strategy is successful, it will drastically limit potential damages in the case and protect the chimp’s owner from personal liability.

The 200-pound chimpanzee got out of control when his owner, Sandra Herold, asked her fellow employee Charla Nash to help lure the animal back into her house. The chimp ripped off Nash’s hands, nose, lips, and eyelids. Nash remains in stable condition at the Cleveland Clinic.

Nash’s family filed a $50 million lawsuit against Herold, saying that she acted with negligence and recklessness in failing to control the wild animal. However, Herold’s attorney says that Nash was working as an employee of Herold’s tow-truck company when the attack occurred. He is arguing that the chimp was an important part of the business, as its picture was on the wrecker, it was at the garage every day, and appeared at numerous promotional events for the company.

The house where the attack happened is a business office of the company. Also, part of Nash’s responsibilities as an employee were to clean the chimp’s play area and purchase supplies for it.

Continue reading " Chimp Owner Says Woman Was Attacked on the Job " »

Charleston accident lawyers want to share the good news with you that there is a continuing trend of fewer people dying on roadways. According to the government, deaths on U.S. highways have dropped to a record low during the first half of 2009.

Last year, just over 37,000 people died in automobile accidents, which was the lowest number in 47 years. However, the government projects that even fewer motorists will die on the roads in 2009.

The National Highway Traffic Safety Administration says that 16,626 people died in traffic accidents during the first six months of 2009, which is a 7 percent decrease from the same time period in 2008.

Safety experts believe the declines in highway deaths can be attributed to the economic recession, people driving less frequently, record-high seatbelt use, and vehicle safety advances.

Source: Associated Press- “Highway deaths at record low in first half of 2009"- October 9, 2009.

South Carolina golf course accidents can cause significant injuries and those hurt by the negligence of a property owner may be able to bring a lawsuit to recover for the damages they suffer.

An alligator bit off a golfer’s forearm as he reached into a pond to retrieve his golf ball on a private South Carolina golf course. 77-year-old James Wienzek was golfing at Ocean Creek Golf Course on Fripp Island when the gator attacked him.

Wildlife officials were called to the scene where they killed the 10-foot gator and removed the man’s arm in hopes of reattaching it. Wienzek is being treated at the Medical University of South Carolina.

There are over 100,000 alligators in South Carolina and they are common in parks and golf courses throughout the state. As a general rule, if you stay away from the alligators, they tend to stay away from you. The Department of Natural Resources advises people to leave the potentially dangerous creatures alone and never attempt to feed or touch them.

Source: Live 5 News-“Gator bites off man’s arm on Fripp Island”- October 8, 2009.

When someone is injured on the job and they were acting in the course and scope of their employment, Charleston workers compensation attorneys know that they are covered under the workers’ compensation system.

A nurse assistant, who is currently in a vegetative state after being attacked by a patient at work, is being unfairly denied care by workers compensation and her health insurer. 52-year old Amelia Mendoza was attacked by a patient at Huntington Hospital in Pasadena, California twice in April of 2009. The events took place while Mendoza was working at the hospital. She sustained serious blows to her face, head, and neck. Several days after the incident, Mendoza had a hemorrhagic stroke that she still has not recovered from six months later.

According to her attorney, Mendoza’s health insurer and workers compensation officials are refusing to pay for her care. Her husband was forced to leave his job so that he could take care of her at home. Despite the fact that injury took place while Mendoza was working, the hospital does not believe her condition has anything to do with a work-related injury.

Continue reading " Nurse Assistant Denied Workers Comp After Attack " »

South Carolina sexual assault lawyers know that every parent’s worst nightmare is that their child will be hurt by a sexual predator. Unfortunately, we all too often hear about children being mistreated or abused by strangers, caretakers, and even family friends. Child sexual abuse is especially appalling because of the serious long-term effects it can have on a child’s physical and mental health.

A school janitor was recently charged in connection with a sexual assault that took place at the Community House Middle School in North Carolina. Police arrested 63-year-old Christopher Gordon and charged him with sexual misdemeanor battery. The victim is a 12-year-old student.

Gordon was hired by the school in October of 2005 and was later promoted to head custodian of the school in January of 2007.

Gordon has been suspended without pay until he will be back in court on December 11, 2009. This is the third time this school year that an employee in North Carolina’s Charlotte-Mecklenberg School District has been charged with sexual assault.

Source: Live 5 News-“School janitor facing sex assault charge”- October 13, 2009.

A truck driver was killed in a Charleston Port accident after being struck by a crane inside State Ports Authority property. According to the public relations director for the Ports Authority, 64-year-old Calvin Jacobs, of Goose Creek, got out of his truck, walked across the storage yard and was hit by a rubber-tired gantry crane. Gantry cranes are large pieces of equipment used for stacking containers. Jacobs was pronounced dead at the scene. North Charleston police are still investigating the accident.

According to Charleston job injury lawyers, as a port worker employed by the South Carolina Port Authority, Jacobs was likely covered under the Longshore and Harbor Workers’ Compensation Act (hereafter “the act”). This act exists to protect port workers who are not seamen and are not eligible for state workers compensation.

Worker's compensation benefits provided by the act include:
-Medical and disability payments
-Rehabilitation services
-Wrongful death benefits for survivors of maritime workers who die from work related injuries
-Medical benefits for occupational diseases that arise naturally out of maritime employment

Continue reading " Fatal South Carolina Port Accident " »

South Carolina dog bite lawyers know that large, violent dogs are often capable of harming people, especially young children. You are protected under the law in these kinds of attacks, and the dog owner is legally liable for injuries caused by their dog. In some cases, if you are a victim of a dog bite you can recover compensation from a person whose negligence caused the attack or a person who violated a leash law, a trespass law applicable to dogs, or any other dog safety laws.

Just recently, an 11-year-old boy was attacked by a Great Dane while at a dog walk in Oklahoma. According to police, Troy Helms was in attendance at the Strut Your Mutt dog walk when he fell down and was mauled by the dog. Helms received over 100 stitches for his injuries.

The dog walk was sponsored by the local Humane Society. Witnesses told authorities that after the dog was pulled off the child, its owner quickly left with the dog. The owner was issued a citation for the attack. Organizers of the event are also discussing precautions they can take to prevent future attacks.

Source: Associated Press-“Okla. boy, 11, mauled by Great Dane at dog walk”- October 14, 2009.

Charleston accident attorneys at Howell and Christmas are concerned about the growing issue of distracted driving. The use of cell phones and other hand-held devices while driving can often cause serious, and sometimes even fatal, automobile accidents.

Just recently, a trucker negligently caused the death of a woman by talking on his cell phone while driving. The woman, Barbara Williams, was a passenger in a vehicle driven by her daughter, Lori Adamo. When the car stalled at a stop light, Adamo put on her hazard lights while one of the passengers got out and checked the hood. According to the complaint, it was then that the truck driven by William Ryan Ellis slammed into the car. In addition to speeding, Ellis was distracted by talking on his cell phone at the time of the accident and did not notice the stalled car in the road.

The impact of the collision killed Williams and seriously injured Adamos and the other passenger. Plaintiffs say that Ellis, an employee of the industrial drill bit manufacturer Varel International, was driving in the scope of his employment, therefore the company may be liable for the accident.

Williams’ family filed the suit and is charging Varel with negligent training, supervision, and hiring. They are also charging Ellis with negligence.

Source: Thomson Reuters-“Trucker on Cell Phone Caused Fatal Accident, Suit Alleges”- October 20, 2009.

Charleston accident attorneys urge hunters to be extremely cautious this hunting season. South Carolina hunting accidents involving serious injury or death can be avoided by using proper safety measures while hunting. Hunting accidents can also lead to liability in addition to criminal culpability. In a civil case the injured party can bring a case against the shooter and in some cases the land owner where the shooting occurred to recover money damages for their personal injuries.

A South Carolina teen was recently killed after being unintentionally shot by a fellow hunter.

The 16-year-old, Joshua Gainey, died from a gunshot wound to the chest in October of 2008. The teen was in the woods hunting with friends. Authorities say 53-year-old Dennis Hall was also hunting nearby and heard something in the bushes, fired, and ran home.

According to prosecutors, Hall did not come forward after the shooting. Investigators used a bloodhound and a gunshot shell to link him to the shooting. Hall, of Rowesville, pleaded guilty to involuntary manslaughter and has been sentenced to four years in prison.

Source: The Post and Courier- “Man sentenced in teen hunting death”- October 14, 2009.

In the case of Cruz v. Michelin North America, a jury decided that the world’s second largest tire maker, Michelin & Cie., must pay $11.96 million for a 2006 truck accident that killed six people and paralyzed a young boy. The jury determined that a tire defect in a Goodrich tire made by the company was a substantial factor in the crash.

The accident occurred when a tire on the truck in which they were riding failed and the vehicle to swerve into oncoming traffic. According to an attorney for the plaintiffs, the jury found that broken air conditioners and leaky roofs caused moisture to get on the tires, which led to the tread-belt separation. The jury felt that there was a clear manufacturing defect in the tire and that Michelin should pay for the irreversible damage it caused.

South Carolina product liability lawyers know that when dangerous defects are found in products you use, the manufacturer may be liable for any harm you experience. Working with an experienced attorney can ensure that you collect the benefits you are entitled to.

Source: Bloomberg.com-“Michelin Loses $12 Million Verdict in Suit Over Crash (Update1)”- September 10, 2009.