South Carolina Injury Lawyer Blog

Your Charleston personal injury attorneys came across a recent court decision involving fatal burn injuries and the labeling of the product that fueled the fire. The following are the facts of the case. A Missouri man purchased a can of DAP Cement to use in installing new baseboards in his home. While he was carrying the closed can through his laundry room (located in his basement), he accidentally dropped the can causing some of the can’s contents to spill on the floor. When he attempted to clean up the spill by wiping up the adhesive, the vapors emitted from the DAP cement ignited and caused a flash fire. The 32-year-old man suffered second- and third-degree burns to 80% of his body. Remarkably, he was able to grab his 2-year-old and 3-year-old sons and saved them from the burning home. Unfortunately, the man ultimately died from his burn injuries two months after the accident.

The man’s wife and family sued DAP Inc., in federal court for: wrongful death on the theories of negligence, strict liability, and failure to warn; for negligent misrepresentation; and for violations of the Consumer Product Safety Act. The District Court for the Eastern District of Missouri granted summary judgment in favor of DAP, and the plaintiff’s appeal summary judgment on their wrongful-death, failure-to-warn claim.

The Federal Hazardous Substances Act (FHSA) requires hazardous substances sold in interstate commerce and intended for household use to bear adequate cautionary labels. According to case precedent, a plaintiff may bring a failure-to-warn claim based on the theory that a product label failed to comply with the FHSA. However, also according to a court's previous decision, a plaintiff cannot bring a failure to warn suit based on a state law theory that the product’s label should have included warnings not required by the FHSA.

Continue reading " Eighth Circuit Court of Appeals Affirms Decision Concerning Wrongful Death from House Fire and Hazardous Materials' Labels " »

These warm, summer months are a popular time for families and friends to get together and take a relaxing cruise. Your South Carolina boating and water accident attorneys have seen an influx cruise ships in the Charleston Harbor in recent years, as Charleston has become a regular sending off point for cruises heading down to the Caribbean.

While these trips are more often than not thoroughly enjoyable, there was a recent court ruling in favor of a plaintiff who suffered serious injuries after a slip and fall on a pool deck. The trial to determine damages was earlier this month, May 9th, and the Federal Judge entered the final judgement Friday, May 13th. The plaintiff in this case was awarded $2.998 million for the injuries she suffered on the pool side deck of the Carnival Pride.

The slip and fall accident happened back in August of 2009 and was caused by the Carnival Cruise Line, which had installed a resin surface on its ships pool decks. This surface is not ideal for a pool side as it is hard and slippery. According to the lawsuit, the Carnival Corporation knew this surface posed a threat to the Carnival Pride's guests and passengers, as there had been a number of prior accidents on this same type of deck surface, not only on this vessel, but others as well. After discovery into this surface established these facts, the Carnival Corporation admitted liability.

The plaintiff in this case, as a result of the pool side slip and fall, suffered a fractured patella, or better known as the knee cap, and underwent six surgeries to repair the fracture. In the future, the plaintiff will need one, maybe two, total knee replacements.

Continue reading " Charleston Personal Injury Attorneys Discuss Two Incidents Concerning Carnival Cruise Line Passengers " »

Your South Carolina car accident attorneys read an interesting article in yesterday's Post and Courier that discusses an alleged illegal sex trade in North Charleston. After weeks of alleged force enslavement and months under federal supervision a 20-year-old immigrant from just outside Mexico City will soon be able to return home because authorities no longer her to testify against a North Charleston woman arrested in connection with a suspected human trafficking case. The reason the immigrant woman is longer needed to testify is because the 28-year-old North Charleston woman, also originally from Mexico, plead guilty to one of the four charges against her.

The 28-year-old woman admitted in federal court, on Tuesday, to harboring an illegal immigrant. However, she did not admit to receiving any financial gain from concealing the 20-year-old. She faces a maximum sentence of five years in prison, a $250,00 fine, and three years of supervised release. If she had admitted to receiving financial gain from the illegal immigrant, she could have faced twice the amount of time in prison. Her sentencing hearing has yet to be determined.

For admitting to the harboring an illegal immigrant charge, prosecutors will dismiss the charges of importing an alien for an immoral purpose, bringing in and harboring aliens, transporting for prostitution, and failing to file a factual statement about an alien. Each of these charges carries a maximum prison sentence of 10 years, 3 years of supervised release, and a $250,000 fine.

Continue reading " Illegal Mexican Immigrant Harbored in North Charleston, Captor Accepts Plea Deal and Immigrant Allowed to Return Home " »

Recently your Charleston brain injury lawyers have been keeping up with the developments in the case of a baseball fan brutally beaten by opposing fans after Opening Day at Dodger Stadium. The incident occurred back in March when a San Francisco Giants fan was returning to his car after a game when he was attacked by two L.A. fans, causing serious injuries from which the San Fran fan is still recovering.

The 42-year-old victim remains in critical condition, but is stable and under heavy sedation, a measure taken by his physicians to prevent seizures caused by the traumatic brain injury he suffered Opening Day. But, there has been some good news for the family and the L.A.P.D., one of the suspects in the attack was arrested last weekend. The 31-year-old man has not yet had charges filed against him and police are still searching for another male attacker and a woman who is suspected of driving the two men away from the scene.

Now, the family of the Giants fan has sued the Dodgers Organization and their owner, claiming security cutbacks made by the organization were, in part, to blame for the vicious attack on their loved one. The lawsuit filed in L.A. Superior Court contends the Dodgers were negligent by not providing enough security and not having adequate lighting in the parking lot where the unprovoked beating occurred.

Continue reading " Family of Seriously Injured Fan Files Lawsuit Against Opposing Team " »

Those who are members of the AAA Club have to come to rely on the emergency roadside services provided by independent operators and paid for by the Club if they ever encounter any kind of roadside mishap. But as a member of the club, one would expect the independent service providers that respond to calls to be competent and professional, and more often than not not they probably are, considering the number of presumably satisfied Club members.

But, the Charleston car accident lawyers at Howell and Christmas, LLC recently read an unfortunate incident involving a Club member whose family has filed a wrongful death suit against AAA, the responding towing service, and a tow-truck driver. A 55-year-old woman was involved in a fatal accident in early March after a tow-truck driver reversed her malfunctioning car from a parking stall and fatally struck her in the parking lot of a Social Security Administration building.

The tow-truck driver, also 55-years-old, was arrested for suspicion of driving under the influence after responding police officers detected signs alcohol impairment. The criminal investigation is ongoing.

Continue reading " Accident Results in Wrongful Death Lawsuit Against Emergency Roadside Assistance Provider and Independent Operators " »

A recent study released by the National Institute for Occupational Safety and Health (NIOSH) found that older employees, as a group, have a higher risk of work-related injuries and illnesses. Interesting to your Charleston nursing home abuse and neglect attorneys, was the study also found that older workers, age 55 and older, are the fastest growing segment of the United States workforce. Thus, it is extremely important for employers and employees to recognize the heightened risk older workers face, and proactively protect this group of workers from occupational injuries.

The study itself, conducted by the NIOSH in conjunction with other agencies, analyzed 2009 occupational injury and illness data and found that older workers had longer absences from work due to injury. Workers age 55-64 missed an average of 11-12 days. Not only did older workers miss more days they also had higher incidences of work-related slip and falls, bone fractures, and hip injuries than their younger counterparts. In total, there 210,830 on the job injuries for older workers in 2009, which accounted for 17 percent all cases that year.

Aging, according to medical research, causes physical changes such as hearing and vision loss, as well as decreases in balance, flexibility, and strength. In other words, aging impairs all physical attributes and senses, making some jobs and tasks more difficult to complete. Also, as people get older in age, their bodies take longer to heal from an injury, making older workers more susceptible to injuries that become chronic conditions.

Continue reading " Recent Study Looks Into Older Workers and On the Job Injuries " »

In addition to the four serious motor vehicle accidents discussed in the last post by your South Carolina workers' compensation lawyers, yesterday's Post and Courier also reported on a fatal trucking accident that occurred in Cherokee County.

As the trucking industry continues to grow, serious trucking accidents are increasingly common. When sharing the road with these heavyweights, you are at a clear disadvantage: in trucking accidents, individuals in the passenger vehicles account for 98% of deaths. However, this incident does not side with statistics, the only lives lost in this accident were the driver and passenger in the tractor trailer.

The accident happened Sunday morning when the driver of the truck hit bridge abutment of South Carolina Highway 150 that overpasses Interstate 85.

The impact of truck hitting bridge caused the truck's driver to be ejected from the cab, as well as cause the truck to burst into flames. Sadly, it wasn't until the flames had been put out by responding emergency personnel that the second victim was found in the sleeping cab of the truck.

Continue reading " Tractor Trailer Hits Overpass, Killing Two and Damaging Bridge in Cherokee County " »

Your Charleston real estate transaction lawyers read a frightening article in today's Post and Courier this afternoon that describes a slew of motor vehicle accidents that happened this past weekend in the Charleston area. According to the article, a bicyclist, a moped operator, and two motorcyclists suffered fatal injuries in 4 separate accidents that occurred between this past Friday and Sunday (May 20-22).

Friday evening, around 10:40 p.m. a 25-year-old man was involved in a bicycle accident when he was struck by a motor vehicle in West Ashley. After the hit and run accident, the cyclist was transported to the Medical University Hospital, where he later died. The Charleston Police Department later found the driver responsible for striking the cyclist on Folly Road, the driver was charged with felony driving under the influence (DUI).

The same evening, closer to 10 p.m., a 32-year-old woman on a moped was merging onto the Ravel Bridge from Coleman Boulevard in Mt. Pleasant when she was struck from the rear by a car. The collision sent the woman off of her moped. Sadly, she died Sunday at Medical University Hospital. Similar to the first incident, this also involved a drunk driver. According to the Mt. Pleasant Police Department, a 25-year-old Ridgeville man was arrested and charged with felony DUI.

Continue reading " Traffic Accidents Involving Two-Wheeled Vehicles Leave Four Dead in Charleston Area " »

The world of professional wrestling lost one of its icons last week when Macho Man Randy Savage lost control of his Jeep Wrangler on Friday morning and crashed into a tree. Initially, it was reported that the Macho Man, whose real name is Ralph Poffo, may have had a heart attack while driving, causing him to lose control of his sport utility vehicle (SUV). But, current reports are saying the cause of the fatal car accident is due to "unknown reasons."

Known as one of the Great Superstars of his generation, the Macho Man made his mark in the wrestling ring and American pop culture with his flashy manner of dress, highly entertaining showmanship, and, of course, his trademark catchphrases, "Ohh Yeeaaahhh," and, "Can you dig it?" Both of which made him an ideal spokesperson for ConAgra Foods, and their Slim Jim jerky products.

The South Carolina car accident lawyers at Howell and Christmas, LLC read this morning, according to Florida Highway Patrol, that the Macho Man was traveling westbound on Florida State Route 694 near 113th Street North in Pinellas County when his vehicle traveled over the raised concrete median divider, crossed the eastbound lanes of SR-694, over the outside curb, and collided head-on with a tree. The Macho Man was taken to Largo Medical Center, where he died.

Continue reading " Charleston Veterans Disability Attorneys Report on Wrestling Star's Death " »

Not too long ago your South Carolina wrongful death lawyers discussed several train accidents that occurred within a 24 hour span, as well as noted how dangerous, not to mention illegal, it is to go around railroad crossing arms when they are down. But, last Friday, Friday the Thirteenth, a dump truck made an illegal left turn onto a set of tracks and was hit by a commuter train.

The monstrous impact of truck and train was described as something similar to an explosion by passengers, sending the train off the tracks, shattering windows, and starting a fire on car one. As for the dump truck, your truck accident attorneys mentioned in the last post on trains that it is highly, highly unlikely for an individual inside a motor vehicle to survive a collision with an oncoming train, and sadly this incident sided with the statistics. The driver of the dump truck was killed.

Thankfully, none of the passengers onboard Metra Train 636 suffered serious injuries. But, 30 or so people, including the train's engineer, were taken to local hospitals after the collision.

Continue reading " Your Charleston Personal Injury Attorneys Talk Train-Truck Accidents " »

A week ago yesterday our Charleston personal injury lawyers mentioned a scary drunk driving accident in which the inebriated driver collided with a school bus before flipping his truck off the road. Fortunately, in that incident, none of the children were injured as a result of the carelessness of the drunk individual.

But, it seems school bus accidents are not only happening in the Charleston area, while browsing internet news this morning the experienced legal team at Howell and Christmas, LLC came across two other instances of car accidents involving school buses. Sadly, a death and numerous injuries were suffered.

Earlier this week, on Monday, a Kentucky school bus overturned when returning 30 first and second graders and a handful of adults from a field trip, according to Kentucky State Police. Officials reported that the bus driver swerved to miss a deer and overcorrected the vehicle, causing the fatal auto accident.

One of the students onboard was pronounced dead on the scene, while twelve other students were rushed to the Western Baptist Hospital for treatment. Injuries included bumps, bruises, and fractures, none of the injuries appeared to be serious or life-threatening. One of the adult chaperones on the bus was also taken to Western Baptist, another chaperone and the bus driver were airlifted to separate hospitals, there were no details as to the extent of their injuries or current condition.

State Police are continuing to investigate this unfortunate instance of child injury and death.

Continue reading " More School Bus Accidents Come Across the Wires " »

Realizing it had been a while since our Charleston medical malpractice lawyers actually discussed medical malpractice, it was timely to come across an article covering a recent court decision in which a woman was awarded $10.5 million for the permanent injuries she suffered from improperly administered anesthesia during surgery.

The 44-year-old woman, and mother of two, brought the medical malpractice case against the Anesthesia Associates of New London, Connecticut for treatment she received back in 2006. According to the online news article and lawsuit, which was filed in 2008, "as a result of the 'carelessness and negligence' of Anesthesia Associates in its pre-operative assessments, use of anesthesia equipment and patient monitoring, [said woman] suffered 'serious, severe, painful and permanent injuries' that caused her to be permanently deprived of her fully ability to carry on and enjoy life's activities.'"

Court documents also showed that the mother of two spent 26 days in a coma, 29 days in the hospitals intensive care unit (ICU), and 45 days doing verbal and orthopedic rehabilitation.

Furthermore, she suffered nerve damage, memory loss, was forced to use a feeding tube and catheter, had a tracheotomy, suffers physiological pain in her feet and elsewhere, as well as psychological and neurological side effects from the procedure gone awry.

Continue reading " South Carolina Personal Injury Lawyers Look North and Find Medical Malpractice Case " »

In yesterday's Post and Courier there were two reports of single-vehicle accidents, both of which claimed a life. Our Charleston motorcycle accident attorneys would like to report on the incident that happened around 7:15 p.m. Sunday evening, first.

A 33-year-old woman was riding as a passenger on a 2008 Honda Motorcycle heading westbound on I-26 when she fell off the back of the bike a mile before the Jedburg Exit, according the South Carolina Highway Patrol. After the fall she was airlifted to Medical University Hospital, where she, sadly, died Monday.

In regards to the fall, it can be assumed authorities ruled it an accident, as no charges will be filed against the motorcycle's operator, a man from Hollywood, South Carolina.

The second fatal accident on I-26 happened Monday afternoon around 2:30 p.m., and also occurred near the Jedburg Exit. A 20-year-old man, traveling eastbound on the interstate, struck a tree in the median and was pronounced dead at the scene, according to the Berkeley County Coroner's Office.

According to the S.C. Highway Patrol, alcohol, marijuana, and cocaine were all found in the car. Their investigation is ongoing.

Continue reading " Two Single-Vehicle Wrecks Claim Two Lives on Interstate 26 " »

Last Monday our Charleston auto accident attorneys shared an extremely sad story about fanatical Dodgers followers who inflicted serious head injuries on a 42-year-old Giants fan. The suspects wanted for beating the man senseless had yet to be caught then, and they are still at large.

Today, the Los Angeles Police Department announced they will be putting up 300 billboards in the area in hopes of catching those responsible for the ambush, beating, and nearly fatal injuries suffered by the Giants fan in the first week of the Major League Baseball season.

In better news, the man was taken out of his medically induced coma last week, and has shown positive progress in his cognitive functions, including opening his eyes several times over the last week in response to verbal or physical stimulation. Also, he has shown some movement in his arms and legs, according to his physician.

While the victim's condition improves after the suffering serious brain injuries, police are hoping the 300 billboards in the Los Angeles area will help improve their chances of finding those responsible for the attack.

Continue reading " New Developments In San Fran Fan Who Suffered Brain Injury After Season Opener " »

In conjunction with health and animal organizations, the United States Postal Service is dedicating this week (May 15 to 21) to Dog Bite Prevention. 4.5 million people are attacked by dogs annually, with children, the elderly, and mail carriers being the groups most likely to be bitten, in that order.

Considering this, the Charleston dog bite attorneys want to share some the dog bite prevention tips the U.S. Postal Service has for those susceptible to dog bites and dog owners.

In 2010, more than 5,700 postal employees were attacked by dogs, with the most common scenario of dog bite happening when a customer opens their door to retrieve their mail directly from the carrier. To reduce the likelihood of such an incident, the Postal Service suggests securing pets in another room when retrieving your mail, or waiting until the carrier is off your property to collect your mail.

Also, if you are pet-sitting for a friend, neighbor, or family member, it is especially important to be vigilant in assuring the pet does not get loose and attack an unsuspecting victim. Because, as the experienced dog bite lawyers at Howell and Christmas, LLC know, in South Carolina dog bite cases, any person who has the dog in his/her care or keeping at the time of the attack may be found liable for damages.

Continue reading " North Charleston On the Job Injury Lawyers Recognize National Dog Bite Prevention Week " »

Sadly, every year, about 700 Americans die in recreational boating accidents, and a majority of these fatal accidents occur in the summer months. Not surprising, because that's the time most Americans are out on the water.

Now that the weather is warm and the kids are getting out of school, a lot of families in Charleston, Myrtle Beach, Beaufort or anywhere else in South Carolina are hitting the waterways for some summertime fun. But, our Charleston boating accident attorneys want to offer some safety tips in hopes of making this summer a safe one for all boaters and their families.

Everyone who has been around the water or on a boat has heard it before, "Life jackets save lives." Staying afloat, much like wearing a seat belt, is the easiest, most simple way to prevent deaths on the water. According to the United States Coast Guard, 90 percent of drowning victims were not wearing a personal flotation device (PFD). Of the other ten percent of victims, many were not wearing a model of PFD designed to properly keep the head out of the water after the victim lost consciousness.

In terms of the law, having PFDs on your boat is good enough, it isn't required to wear one, just that there is one onboard for each passenger. However, South Carolina law requires all children under 12 years of age to wear a U.S. Coast Guard–approved Type I, II, III, or V PFD while on a boat less than 16 feet long. The life jacket must be fastened and of the proper size for the child.

Continue reading " It's Summer in South Carolina and Charleston Personal Injury Lawyers Want to Offer a Few Quick Safety Tips " »

Earlier in the week the Charleston boating accident attorneys shared an entry regarding the high frequency of train accidents in Louisiana. Noting the dangers trains pose to motor vehicles and pedestrians attempting to cross railroad tracks. And just this afternoon there was a breaking case reported by CNN that outlines of an incident involving two U.S. Border Patrol agents who were killed today when their vehicle was struck by a train.

At the time of the fatal accident, the two Patrol agents were in an on-duty SUV and were the process of assisting in the apprehension of suspected unauthorized immigrants, just south of Gila Bend, Arizona, in an area patrolled by the Yuma Sector of the Border Patrol.

According the U.S. Customs and Border Protection's (CBP) website, The Yuma Sector patrols 126 miles of border with Mexico, between the Yuma-Pima County line in Arizona and the Imperial Sand Dunes in California. The sector has responsibility for Yuma, La Paz and Mojave Counties in Arizona, the Eastern-most areas of Imperial, Riverside, and San Bernardino Counties in California, and the entire State of Nevada.

Continue reading " Train Strikes U.S. Border Patrol SUV, Kills Two Agents " »

In a post from earlier this month, the Charleston workers' compensation attorneys mentioned National Workers Memorial Day, a day of observance to remember workers who have lost their lives due to on the job accidents and injuries. National Workers Memorial Day is April 28, and in large part the reason for this particular date is because of a major construction accident that occurred on April 27, 1978, known as the Willow Island Disaster.

Yesterday afternoon an employee of Howell and Christmas, LLC came across some information regarding the Disaster, and realized his grandfather worked at a nearby chemical plant just downstream the Ohio River from the Monongahela Power Plant at Willow Island, the location of the cataclysmic construction accident. Having this connection to the Disaster, the employee contacted his grandfather to get a firsthand account of what happened that unfortunate day in April 1978, in an effort to better understand the ramifications of such an incident. Also, while the facts of the Willow Island Disaster can be easily found on the Internet, it is far more authentic and profound to hear of historical events from those close to them.

What follows is the text of an email from Mr. John T. Fries (pronounced "freeze"), a native West Virginian and Damn Fine Grandfather. "I spent 42 years working at the chemical plant next door to the Monongahela Power Plant at Willow Island. The name of the company I worked for was American Cyanamid Company. The power plant accident happened one day while I was taking inventory which meant I moved through-out our plant. I saw helicopters hovering over the power plant so we knew something had happened. Of course we found out when we got home. Our plant was on the downriver side of the power plant so we did not pass it going to and from work. In fact, I think we found out about it shortly after the accident happened--news travels fast, especially news of the magnitude this accident was. As I remember 50 some people were killed. As it turned out, short cuts were taken which caused the scaffolding to give way. "

Continue reading " South Carolina on the Job Accident Lawyers Take a Step Back in Time to the Worst Construction Accident in U.S. History " »

In a Post and Courier article read by the Charleston drunk driving accident attorneys this morning, it was reported that the South Carolina Highway Patrol determined that the driver who struck two vehicles in Moncks Corner on Monday was under the influence of alcohol at the time of the accidents.

The accidents occurred mid-afternoon on Monday, around 2:30 p.m., on Old Whitesville Road. The 24-year-old man who struck the two vehicles was driving a pickup truck when he tried to pass a line of vehicles on the two-lane road. When he turned to get into the line of vehicles he collided with a sport utility vehicle and, scarily, a school bus. Thank heavens none of the four Whitesville Elementary School students were injured in the accident. The young students were transferred to another school bus and taken to their homes. Fortunately, the driver of the sport utility vehicle also did not sustain any serious injuries.

The drunk driver of the pickup was flown to Medical University Hospital after the collision forced his truck off the road and flip. The driver has been charged with driving under the influence and will be taken to Hill-Finklea Detention Center once released from the hospital, according to Highway Patrol.

Continue reading " Drunk Driver Hits School Bus and SUV in Moncks Corner " »

For the North Charleston auto accident lawyers it is hard to believe that his been over a year since the British Petroleum (BP) Oil Spill that devastated America's Gulf Coast. A White House energy advisor called it the "worst environmental disaster the U.S. has faced," and it is still very much effecting coastal states, not only in terms of the environment and wildlife, but also economically when one thinks of the formerly thriving tourism and fishing industries in the area.

While much attention over the past year has been focused on the above issues, it seems many have forgotten the explosion at the Deepwater Horizon that incited the three month spew of oil into the Gulf of Mexico, killed 11 workers, and caused serious injuries to 17 others working at the offshore site. Familiar with on the job injuries and deaths, the experienced lawyers at Howell and Christmas, LLC know that the families, communities, and colleagues of the deceased workers have certainly not forgotten their loved ones.

Prior to the explosion that caused the deaths and injuries of Deepwater Horizon workers, the U.S. Coast Guard had issued 18 pollution citations between 2000 and 2010, and had investigated 16 fires and other safety incidents. Also, according to a New York Times article from July 2010, there was a confidential audit conducted by BP seven months before the explosion, and the findings were horrendous. "According, to the September 2009 [audit], four BP officials discovered that Transocean, the rig’s owner, had left 390 repairs undone, including many that were 'high priority,' and would require a total of more than 3,500 hours of labor. It is unclear how many of the problems remained by the day of the catastrophe."

Continue reading " A Look Back at the Deepwater Horizon Explosion " »

Near the end of April there were 3 train accidents in a 24 hour span in Louisiana, reports a New Orleans news source. Such an abundance, in such a short amount of time truly astonishes the Charleston railroad accident attorneys, as well the residents of the state, especially considering the accidents left two people dead.

In one of the accidents a 41-year-old female driver tried to go around the railroad crossing arm in her Toyota Camry and was struck by an Amtrak passenger train. Needless and unfortunate to stay the impact from the locomotive killed the woman, she was pronounced dead at the scene of the Jefferson Parish railroad crossing.

One of the other incidents also involved an Amtrak train, but this one collided with an 18-wheeler in Slidell, Louisiana. In this case, no serious injuries were reported, which is a miracle when one thinks of the kind of collision created by two large vehicles.

The second fatality occurred when a woman was hit and killed by a train as she walked along a set of tracks in Calcasieu Parish. This type of fatal pedestrian accident begs the question of, "what was the state of mind of this woman when this happened?" But, without any mention in the article of the woman's reason for being on the tracks late at night, it would be unfair to make any presumptions as to her condition at the time.

Railroad safety advocates say it is not uncommon for people to underestimate the serious threat of oncoming trains, hence why some try to "beat" trains by going around railroad crossing arms. Due to the size of trains it is difficult to gain an accurate perception of how fast trains are coming, and that is often the underestimation, which leads to serious injuries and deaths.

Continue reading " Frequency of Train Accidents in Louisiana Heighten Public Safety Concerns " »

Like many sports fans, the Charleston workers' compensation lawyers at Howell and Christmas, LLC have often recognized professional cycling as a sport tainted by controversy because of widespread drug use. But, with that being said, it is a sport where even the smallest mistake creates the potential for catastrophic consequences for the athlete; broken bones, head and spinal injuries, and as we saw this week, death.

While navigating a downhill mountain pass in the third stage of this year's Giro d'Italia (Tour of Italy), Belgian cyclist Wouter Wylandt lost control of his bike for a split second and slammed into a roadside wall, a crashed that ultimate killed the rider. It was an extremely unfortunate incident for the cycling world, as it was the first fatality at the Italian race in 25 years and the first at one of the sport's showcase tours in 16 years.

At the time fatal bicycle accident Wylandt was traveling at speeds upward of 50 mph. In an Associated Press article on the ESPN website a Giro doctor noted Wylandt suffered a serious head injury from a fracture in the skull base, and while the paramedic team performed cardiac massage, after 40 minutes, they had to suspend resuscitation because there was nothing more they could do.

Continue reading " South Carolina Cycling Accident Attorneys Take Note of Giro d'Italia Tragedy " »

While skimming the news this morning the Charleston semi truck accident attorneys found an amazing story, thanks to Fox News, which tells the tale of a veteran United Parcel Service (UPS) truck driver who has safely driven his brown truck more than 4 million miles. As the article notes, this distance is the equivalent to six round trips to the moon, a truly astonishing statistic to befit an extremely admirable milestone.

The driver, Ronald Sowder, or "Big Dog," as his fellow drivers affectionately call him reached the milestone mark of 4 million miles this past January in his 49th year as a driver for UPS. An amazing achievement only one other driver has equaled in the company's 100-year history. Overall the drivers at UPS are among the safest on the road, and according to the company, average less than one truck accident per million miles traveled.

This year Sowder was inducted into the famed "Circle of Honor," an elite group of UPS drivers who have been accident-free for 25 years or more. Sowder credits his impeccably clean record to cautious driving and says, "You have to be a defensive driver. You have to be able to compensate for other people's mistakes and expect the unexpected. You can't drive too close. I don't like to be in a pack."

Continue reading " "Safest Driver On The Road" Reaches Milestone and Provides Trucking Tips " »

In a good number of posts, our South Carolina personal injury lawyers have discussing relevant sports issues, but this sports related entry is quite a bit different than those in the past. Most of the past sports posts are concerned with serious injuries that can be sustained while in the act of playing sport, while this is about a San Francisco Giants fan who was severely beaten outside the Los Angeles Dodger Stadium in March.

The 42-year-old fan suffered serious head injuries in an unprovoked beating after the season opener for the Giants and Dodgers, according to authorities. Allegedly, two men approached the Giants fan in the parking lot after the game and began punching and kicking him while they yelled profanities about the Giants.

According to police, the assaulters fled the scene of the brutal beating and have yet to be apprehended. Composite sketches of the suspects have been released and officials are offering a $100,000 reward for information leading to their arrests and convictions.

This type of melee is not often found in the United States, sure there are rivalries and bitterness among fans, but savage poundings are more in line with the fanatical hooligans found abroad, not the supporters of America's Pastime.

Continue reading " San Fran Baseball Fan Brutally Beaten In L.A. Is Still In A Coma And Suspects Yet To Be Apprehended " »

Everyone, including the Charleston auto accident lawyers, have noticed the extremely high price of gas these days. The cost of filling up is painful, and car makers in Detroit have been looking to ease the burden by putting out hybrid and electric vehicles. Cost effective vehicles like the Chevrolet Cruze, while easier on consumers' pocketbooks at the pump, have helped American auto makers get back into black figures after their bailout.

General Motors introduced the Cruze last October as an answer to the Toyota Corolla and other small car rivals. And with the price of gas rising almost 50 percent since the Cruze hit the market, the timing of the fuel-efficient compact's release could not have been better, and GM's bottom line shows it.

Last quarter GM, with lots of help from Cruze sales, boasted a profit of $3.2 billion. Sales of the Cruze topped more than 50,000 in the last quarter alone, helping the U.S. manufacturer gain a share in a market traditionally dominated by the Japanese.

Continue reading " General Motors Sees Big Profits In Last Quarter And Makes Responsible Recall of Their Big Money Maker " »

Our Charleston drug recall lawyers have noticed numerous advertisements on television asking viewers if they have been harmed by a variety of defective consumer products, primarily including asbestos exposure and pharmaceutical drugs. The aim of these ads is to reach out to the American Public, find individuals who have been injured from a product, and form a class action lawsuit against the producers of a product that has caused serious injuries and wrongful deaths. A class action, or a representative action, is a law suit in which a group of people collectively bring a claim against a defendant. The idea being there is strength in numbers when challenging major manufacturers of consumer products, think back to the tobacco litigation of the early and mid 1990s.

Just as an aside, there is a fantastic book that details the development of the class action suit against big tobacco entitled Civil Warriors, and authored by Dan Zegart. It does a superb job of showing the effectiveness of representative action as a means to provide injunctive relief. In the case of the tobacco industry, an example would be the requirement for cigarette makers to eliminate advertisements that attract kids to smoking, like the cartoon character, Joe Camel.

Currently there are a couple of pharmaceutical drugs that have gained national attention because of their harmful side effects to consumers, Topamax and Accutane.

Continue reading " South Carolina Personal Injury Lawyers Talk Major Medications and Class Actions " »

While browsing the local news yesterday evening our Charleston wrongful death attorneys came across a story coming out of Myrtle Beach, a mere 2 hours north of the Mount Pleasant office of Howell and Christmas, LLC. This past Wednesday, just before 11:00 a.m., a 34-year-old woman from North Carolina fell to her death from a balcony at the Sea Watch Resort.

According to the spokeswoman for Horry County Fire and Rescue, units were dispatched to the resort, located at 161 Sea Watch Drive, in response to a woman falling from a 7th floor balcony. While the initial report from Fire and Rescue says the woman fell from the 7th floor, the Horry County Coroner's Office said she fell from the 17th floor. To add further uncertainty to this aspect of the fatal accident, investigators from the Horry County Police Department have concluded the woman fell from the 14th floor of the Sea Watch Resort.

As of yesterday morning it was uncertain if the woman was staying as a guest at the resort, or if she was just visiting. But it was know that she was at the resort with other people, one of which may have been the single witness taken to the Horry County Police Department for questioning.

Continue reading " Uncertainty Shrowds A Woman's Fall From Balcony Two Hours North of Charleston " »

South Carolina brain and head injury lawyers have discussed the negative impact sports can have on an athlete’s body, but have concentrated exclusively on the head injuries that athletes sustain from Big Hits in football. But, recently an article in the New York Times highlighted the issue of brain and head injuries from the perspective of a former National Hockey League (NHL) star, Marty McSorely. Considering that the NHL is in thick of the Stanley Cup Playoffs, the lawyers at Howell and Christmas, LLC felt it topical to address the issues discussed by McSorley, primarily the fact that it isn’t the fighting in the league that’s to blame for head injuries, but simply the nature of the game itself.

For informational purposes, here’s a quick bio on Marty, he spent 17-years in the NHL, earning his claim to fame with his physical presence on the ice as “Wayne Gretzky’s Bodyguard” from the mid 80s to early 90s. His style of fearless physical play and his role as an “enforcer” did not come without consequence, he suffered numerous concussions in his career, and now, at 47-years old, he suffers from memory loss and other symptoms often associated with brain injury.

But, the purpose of The Times article was to set the record straight as to the cause of his cerebral injuries. He states, “I want to make this perfectly clear: Did I have a concussion fighting? Probably one or two, yes, but I had more from playing. You can’t point at fighting and say that’s the cause of concussions in hockey.” This came a day after it was announced that researchers had found signs of chronic traumatic encephalopagy, a degenerative disease caused by repeated brain trauma, in the brain of another longtime NHL enforcer, Bob Probert. Let us not forget that these are on the job injuries, for their livelihood guys like McSorley and Probert put their health on the line each time they step on the ice.

Continue reading " In Lieu of Stanley Cup Playoffs, Charleston Work Accident Attorneys Talk Big Hits and Concussions in NHL " »

Preceding the internationally covered Chilean mine collapse and rescue, there was mine explosion here in the United States known as the Upper Big Branch Mine Disaster. Charleston workers' compensation attorneys remember that in April of 2010, an explosion killed 29 of the 31 miners at the Upper Big Branch site near the community of Montcoal, located in Raleigh County, West Virginia. While investigation into the incident is ongoing, officials have speculated that the explosion may have been initiated by a spark from a mantrip, a shuttle that transports miners into and out of the mine, and fueled by extremely high methane levels within the mine. The Disaster marks the worst mining accident in the U.S. since 1970.

While browsing the internet this morning, the on the job injury lawyers at Howell and Christmas, LLC found interesting Wall Street Journal article that reports the Massey Energy Co., owners of the Upper Bring Branch mine, have been accused of failing to clean up its act since the 2010 explosion.

Officials from the Mine Safety and Health Administration conducted a surprise inspection at Massey's Randolph Mine last Friday, finding conditions that were "nothing short of outrageous." During the inspection they found miners engulfed in coal dust and combustible loose coal accumulated in working, posing a "serious risk" of fire, explosion, and severe burn injuries.

Continue reading " Massey Energy Hasn't Learned Lesson A Year After Upper Big Branch Mine Disaster " »

Back in January, Charleston workers' compensation lawyers posted a three part series of posts that reported on an unfortunate accident that resulted in the death of Goose Creek woman. The original entries can be found at the end of this post.

As a quick refresher, the basic facts of the incident are as follows. In March 2010, while returning to their home in Goose Creek, a family of four, traveling in a green Ford pickup suffered a fatal blow, but not from another vehicle traveling on the interstate, but from a piece of the interstate itself. The couple was sitting in the front of the truck, husband behind the wheel and wife sitting in the front passenger seat. Their two young children in safety seats behind them when an Alabama fragment of Interstate 20 came through the windshield striking the wife, causing serious head injuries, narrowly missing the pre-schoolers, and flying out the truck’s cab.

This freak auto accident occurred at milepost 210 on I-20 in a construction zone that has slowed drivers and traffic for years, only a few short miles before the interstate smooths out in Georgia. This particular section of interstate, which is traveled by more than 33,000 drivers daily, is notorious for being riddled with pits and patches that drivers regularly turn up the volume on their radios to drown out the aggravating noise of tires rolling over rutted roadway.

In early March of 2011, the Post and Courier reported that the state of Alabama paid $1 million dollars to the family of the mother who was killed by the chunk of flying concrete. Alabama state officials said the money was awarded to compensate for the mother's wrongful death.

Continue reading " Howell and Christmas, LLC Follow Up On Highway Defects Post " »

Our Mt. Pleasant job accident lawyers want to recognize the outstanding people at the Human Needs Network who have recently launched a new volunteer initiative by the name of Ramp It Up, whose goal it is, “to build every needed wheelchair ramp in the Tri-County by the end of 2011.” It’s an ambitious objective, but with individuals like Alex Jackson spearheading the effort, it would be no surprise if they accomplish their goal.

Jackson is a 24-year-old quadriplegic who has used a wheelchair since he was 9 months old and he is pushing hard to get these ramps built in Lowcountry homes and businesses because he feels the lack of mobility the disabled have in the area is a major issue. Its an issue the physically fit often don’t recognize, as climbing stairs to their front door or office is an every day occurrence, for them it is natural to be able maneuver up and down and negotiate sharp angles without a problem. But, for the disabled in our community using wheelchairs, overcoming these obstacles takes a great deal of patience, strength, and determination.

As a toddler, Jackson was involved in a serious auto accident while returning from a visit to his grandparents in Augusta, Georgia. The car his mother was driving was struck head-on when another car crossed into their lane going the opposite direction. Jackson’s mother was able to recover from the severe injuries she incurred from the accident, but he suffered a debilitating spinal injury that has kept him in a wheelchair ever since.

Continue reading " Charleston Back and Spinal Injury Lawyers Note Noble Efforts In Tri-County Community " »

Charleston workers compensation lawyers want to bring attention to an issue discussed by Post and Courier columnist, Ken Burger, the potential dangers of texting and emailing on cell phones. While Mr. Burger focuses on the strain this type of communication can place on the hand, he also mentions how we push our human capability to multi task, driving with one hand while communicating with family, friends, and/or colleagues with the other.

The number of cell phone related automobile accidents is steadily on the rise, as we have been able to do more and more with today’s devices. So much so that 31 states, the District of Columbia, and Guam have enacted bans on hand-held devices or texting to help reduce the dangers of distracted driving for the public, those dangers being severe accidents that present the potential for serious injuries or even death.Twelve of these laws were enacted in 2010 alone, according to distraction.gov, the official U.S. government website for distracted driving.

Continue reading " Ken Burger Incites South Carolina Auto Accident Attorneys to Discuss Danger of Texting and Driving " »

While the South Carolina personal injury attorneys have commented on auto collisions, motor cycle crashes, bicycle wrecks, and boating accidents, this is the first incident involving an all-terrain vehicle, or better known by its acronym as an ATV. Like all recreational vehicles ATVs can be extremely enjoyable to ride, but also like all motor vehicles, if not operated safely, they pose a threat of serious injury or death. Sadly, a Wadmalaw man learned this hard way when he lost control of his ATV and crashed into a tree.

Initially, Charleston County Sheriff’s Deputies who responded to the crash thought the 26-year-old operator of the vehicle may have had some sort of medical episode, which caused him to lose control prior to hitting the tree. After the wreck the man was conscious and alert and his injuries were not thought to have been life-threatening. However, these injuries eventually killed him the next day, according to the Charleston County Coroner’s Office.

The autopsy determined the 26-year-old died from blunt force trauma to his upper body. He wasn’t wearing a helmet at the time of the accident, but this fact had no significance in the Coroner’s examination, as the man didn’t suffer a head and/or brain injury.

Continue reading " Wadamalaw Man Crashes All-Terrain Vehicle, Dies The Next Day " »

Charleston on the job injury lawyers want to highlight an initiative being promoted by a Summerville couple who lost their son in an industrial machine accident on the North Charleston waterfront. They are working to gain a following for a local observance of National Workers Memorial Day, an event that is a tribute to workers killed in South Carolina. The observance took place last Thursday, April 28, and is 20-year-old recognition that has, unfortunately, gained little traction in South Carolina, but this Summerville couple is working to change the states feelings toward fatal on the job injuries.

The couple doesn’t consider themselves activists; rather as parents who don’t want other families to suffer same pain they have, losing a son or daughter in a place where they are supposed to be safe, the workplace. In December of 2005 the Summerville mother drove to Detyens Shipyard to pick up her son, a 2005 graduate of Summerville High School who had followed in his father’s footsteps, working part-time as a maritime pipe fitter.

Upon reaching the shipyard, she was met with by the flashing lights of emergency vehicles, and to find out her son died after an accidental release of waste into the holding tank of the military supply ship her son was working. The ship was being refitted in a dry dock at Detyens. While some of her son’s coworkers were able to escape the holding tank, he was overcome by hydrogen sulfide, a toxic colorless gas produced by raw sewage.

Continue reading " Years After Son Killed in Industrial Accident Summerville Couple Works to Bring Attention to On the Job Fatalities " »

In a periodical distributed by the Brain Injury Association of America, the attorneys at Howell and Christmas, LLC found an interesting article pertaining to the connection between brain injuries and substance abuse. Considering the prevalence of brain injuries in America, and the unfortunate reality of widespread substance abuse, the Charleston personal injury lawyers found it important to blog on this topic and, hopefully, provide some useful information to South Carolinians who have sustained a severe brain injury and suffer from substance abuse.

According to the Office on Disability, one out of two people living with a brain injury is also affected by some form of substance abuse. This ratio is in stark contrast to the substance abuse rate among the general population, which is one in ten. The factors that contribute to this disparity in risk include medicine and health problems, an inability to identify potential problems, and a lack of appropriate prevention and treatment services.

Individuals recovering from serious brain injuries face many obstacles including feelings of depression, isolation, and boredom, all of which are fairly common after sustaining a brain injury. Unfortunately, some survivors of brain injuries turn to alcohol and drugs as a means to cope with these feelings, but even casual use of these substances can have extremely negative consequences for those in recovery, as well as those living with brain injuries. Turning to drugs and alcohol is never an effective way to cope with any of life's troubles, as it only increases the risk of incidents like drunk driving accidents, overdoses, or any other kind of unintended serious accident.

Continue reading " Mt. Pleasant Personal Injury Lawyers Examine the Connection Between Brain Injury and Substance Abuse " »