South Carolina Injury Lawyer Blog

Recently, your South Carolina personal injury lawyers learned of three lawsuits being filed against the Carnival Corporation, owners and operators of the Carnival Cruise Line. Earlier this summer, we posted a blog regarding Carnival Cruise Lines, wherein we discussed a handsome sum that was awarded by a jury to the victim of a slip and fall accident, as well as a serious watercraft accident that killed one jet ski rider and injured another. As was mentioned, there are new suits being filed against the cruise line, all of which deal with injuries relating to falls onboard vessels owned and operated by the Carnival Corporation.

The first incident occurred in August of 2010 aboard the Carnival vessel know as the Dream. According to the lawsuit, the plaintiff suffered a fractured leg that required extensive surgery after a slip and fall from a set of stairs on the deck of the vessel. Allegedly, said stairs served a duel purpose, they were used as means for children and young adults to get to the ship's water slide from the pool as well as allow older passengers to make their way up to the Serenity lounge deck. As one can imagine, those leaving the pool to make their way to the top of the water slide are wet, thus leaving a trail of pool water in their wake as they climb the stairs. According to the lawsuit, it is the trail of water left behind by those wet passengers on the stairs that created the unsafe conditions for the Plaintiff, and ultimately resulted in a "violent" fall down the stairs onto the hard deck surface. The suit seeks damages in excess of $15,000 for the accident.

The second incident happened back in October of 2010 when the Plaintiff slipped and fell in the sauna onboard the vessel Paradise. According to the suit, Carnival failed to properly maintain the sauna in which the Plaintiff fell, as well as not provide any material safety measures such as handrails, warning signs, or skid-proof flooring surfaces. Furthermore, the Plaintiff claims that as a fare-paying passenger, Carnival Cruise Line owed a duty to him to exercise reasonable care by maintaining its ship for his safety, as well as the safety for all the passengers onboard at the time of the slip and fall accident. But, because of the conditions of the sauna, Carnival Cruise Line breached that duty and was negligent. The suit does not mention the specific injuries suffered by the Plaintiff; instead it prefers the overarching term of "serious" and seeks damages in excess of $75,000 (exclusive of interest, cost, and attorney's fees) for those serious injuries.

Continue reading " The Carnival Cruise Line Faces More Lawsuits from Passengers' Slip and Fall Injuries " »

A couple weeks ago your South Carolina workers' compensation lawyers published a blog post concerning a growing threat to consumers that has severely injured a number of people across the Nation, as well as right here in the Charleston area. That threat is popular decorative ceramic firepots filled with dangerous pourable gel fuel. In last Thursday's Post and Courier, there was a report saying that these gel fuels have been recalled by the Consumer Product Safety Commission (CPSC).

The reason behind the recall is that these flammable gels can ignite unexpectedly and splatter onto consumers and other objects nearby when it is poured into an already lit firepot, or as mentioned in the earlier post, when lighting the fuel.

The dangerous defective product is manufactured by Napa Home and Garden Inc. of Georgia. So far, the company has received 37 reports regarding the fuel, 23 of these reports outlined serious burn injuries to consumers. Lawsuits have already begun to be filed by burned consumers, including one from a West Ashley women who suffered serious burns from a Napa Home product. Also included in these suits are the stores where the firepots were sold.

According to the CPSC, the product being recalled is the pourable NAPAfire and FIREGEL Gel Fuel bottles and jugs. The product itself is a clear gel, packaged in a clear containers sized at 1-quart plastic bottles and 1-gallon plastic jugs. It comes in either non-scented or citronella scents and was sold at retailers between December 2009 and June 2011. The gels have been sold at many popular retailers like Bed Bath & Beyond, Shopko, and Restoration Hardware, and other specialty and gift shops, furniture stores and home and garden stores nationwide, as well as through internet megastore Amazon.com, home and garden catalogs, and by home decorators and landscape architects.

If you have purchased one of these products, you should immediately stop use of the product and return the bottles, or jugs, to the retailer where you purchased the product for a full refund.

Continue reading " Your Charleston Personal Injury Lawyers Update Older Posts " »

Over the past week your brain trauma attorneys in Charleston have noticed a lot of vehicle crashes, wrecks, and collisions in the Lowcountry. Since last Thursday there have been four serious motor vehicle accidents, and sadly, all four have been fatal.

In chronological order, the first occurred last Tuesday night (June 21) around 10 p.m. when a man struck a light pole head on in Dorchester County. According to authorities, the man was driving southbound on South Carolina Highway 61 when he hit the traffic light pole at the intersection of United States Highway 17A. The man, who was 32-years-old died as a result of the impact with pole, according to the Dorchester County Coroner's Office. It was also noted in the Post and Courier's coverage of the fatal crash that the man was not wearing his seat belt when his car collided with the pole. It is unfortunate, in the eyes of your South Carolina lawyers at Howell and Christmas, LLC that so many of the accidents and crashes discussed in this blog involve a victim, or victims, not taking the simple safety measure buckling their seat belt.

Later that same night, around 1:00 a.m. Wednesday (June 22), a man was killed after running his motorcycle into a retaining wall as he approached the Ravel Bridge from Downtown Charleston. According to authorities, the 22-year-old Mt. Pleasant man was unable to negotiate a curve in U.S. Highway 17 near Huger St., causing him to the hit the wall, which then ejected him from his motorcycle; he landed over the wall below the overpass. The man was taken to Medical University Hospital, but died later Wednesday Morning. Again, much like the previous incident, the victim in this motorcycle accident neglected a simple safety measure, the motorcycle helmet. While South Carolina Law does not require it, wearing a helmet while on your hog is an effective means to prevent serious injury and death.

Continue reading " Laundry List of Summertime Accidents Catch the Eyes of Charleston Lawyers " »

Your Charleston burn injury lawyers recently learned of a terrifying number of incidents involving ceramic pots filled with flammable gel that have exploded onto consumers and caused serious burns. In some cases these injuries have been life threatening. Since April of 2010 there have been eight instances where consumers have been caught off guard when, either refilling or lighting, their ceramic pots, containing citronella gel to keep the summer time bugs away, have exploded and sent the highly flammable gel onto their bodies.

On May 21, 2011 one of these accidents happened in the Charleston area, West Ashley to be more specific. A woman, her husband, and mother-in-law were sitting on their home's back porch, relaxing and listening to music after a nice family dinner when the husband lit a ceramic firepot full of citronella gel to keep the bugs away. In less than a second after the flame hit the gel, flames engulfed the woman's legs causing second- and third-degree burns, according to today's Post and Courier.

The woman's husband put out the flames out by wrapping his arms around her and smothering the flames, but he also suffered burns in the process. The woman, who is a schoolteacher, was rushed to Medical University Hospital before being transported to a burn center in Augusta, Georgia for treatment to her severe burn injuries.

Since the accident, she has undergone several surgeries and an extremely painful skin graft to repair her badly burned left foot, which she nearly lost because of the incident. For informational purposes, a skin graft is a surgical procedure that removes a healthy patch of skin from part of the body, called the donor site, and transplants it to the damaged area.

Continue reading " Severe Burn Injuries from Firepots and Bug Repellent Fuelgels on the Rise " »

Your South Carolina truck accident attorneys came across an article in Monday's Post and Courier concerning a single tractor-trailer wreck that ultimately took the driver's life. The fatal accident occurred late Saturday afternoon around 6:00 p.m. in Jasper County. According to reports, the 1995 Freightliner went up into flames after the truck crossed the life side of the Interstate-95 median, colliding with several trees.

As of today, investigators are still looking into the incident to determine exactly what happened leading up to the truck's going off the interstate. Also, due to the intense blaze, the driver's body was burned beyond recognition and the Jasper County Coroner's Office is working to identify the driver. More than likely the coroner will cross-reference the driver's teeth with dental records to determine his or her ID.

The article did not mention, and it may yet to be determined, as to the exact cause of death in this accident. Investigators and officials from the coroner's office will probably be looking to see if colliding with the roadside trees caused some form of lethal head injury or body trauma, or if the subsequent fire caused fatal burn injuries, or it could be the case that a combination of collision and burn was the cause.

Continue reading " Weekend Tractor Trailer Wreck and General Considerations if You're Ever Involved in an Accident " »

Recently your South Carolina construction accident attorneys came across an interesting decision in the Supreme Court of the State of Washington. The case concerns a catastrophic tank failure at Spokane's sewage treatment plant. The failure happened in May 2004 when three workers were doing their best to prevent overflowing septic sludge from running into the Spokane River. After the digester tank collapsed one of the maintenance workers fell into the sewage sludge and drowned. The trial judge in this case noted that the worker "arguably suffered one of the most disgusting and terrible deaths imaginable."

The two other workers suffered serious on the job injuries when the digester tank overfilled and collapsed. One of the workers was thrown from the top of the dome shape digester tank and suffered a fractured pelvis, fractured tibia, fractured ribs, serious back and spine injuries including compression fractures of vertebrae, and sludge aspiration (action of drawing in fluid) causing a permanent reduction in lung capacity by 20%. The other worker, who was on the ground at the time of dome's collapse, suffered serious knee and back injuries after being knocked over by a wave of cascading sewage sludge.

The deceased worker's family and the two injured in the industrial accident sued CH2M Hill Inc. for negligence. CH2M is a corporation from Florida and the engineering firm hired by the City of Spokane as a consultant for the plant's improvement project. Under the Industrial Insurance Act, the City of Spokane was immune from the suit, despite being the employer of the deceased worker and the two others injured in the accident. The judge in the bench trial ruled in favor of the plaintiffs (killed worker's family and injured workers) the Court of Appeals certified the case to the Supreme Court of the State of Washington.

Continue reading " Industrial Accident at Water Treatment Plant Makes it to State Supreme Court, Construction Accident at Same Facility in the Meantime " »

This week, in Monday's and Tuesday's publications, the Post and Courier outlined two fatal automobile accidents that occurred over the hot, dry weekend in South Carolina. Your Charleston wrongful death attorneys note in the reports the absence of a seat belt in one of the incidents, while in the other, proper precautions were taken, and in accordance with South Carolina Law, seat belts were worn. But, sadly, even when safety and the law were observed, there was still a death in a two-vehicle car accident in Berkeley County.

This accident occurred Saturday morning, between 10 and 11 a.m. on U.S. Highway 52. According to the South Carolina Highway Patrol, a 46-year-old Summerville man was in operation of a 1993 Mazda Protege and collided with a late model Toyota pickup truck, driven by a 64-year-old man from Goose Creek. Riding as a passenger in the Mazda was 52-year-old woman from North Charleston. Unfortunately, despite wearing her seat belt, she was pronounced dead on the scene of the accident of serious head and body trauma. There was no mention as to the injuries, if any, incurred by the drivers of the two cars involved in the wreck.

It was noted in the Post and Courier's article that all three individuals involved in the Saturday morning car accident were wearing their seat belts. As of Monday, no charges have been filed and authorities continue to investigate the fatal car crash.

Continue reading " Weekend Wrecks and Tragedies Prompt Discussion of Seat Belts " »

If you look back to Wednesday's posts you will find an entry discussing a recent lawsuit filed by the South Carolina Attorney General against a major drug manufacturer because of the risk of serious injuries and death by way of heart attacks that a diabetes drug poses to South Carolinians. Today, your Charleston workers' compensation lawyers read that there is a bill making its way through the North Carolina state legislature that aims at making it harder to sue drug producers, among other provisions.

The Tort Reform for Citizens and Businesses Bill is a Republican led initiative to restrict product liability lawsuits against drug makers. The bill is a vital piece of legislation on the Republication agenda this session and follows a medical malpractice bill that has made its way to a conference committee of State Representative and Senate members. Ultimately, the bills want to reduce insurance and health care costs, while improving North Carolina's business environment.

Although Republicans are pushing the Tort Reform Bill, some of the state's 52 House Democrats are in support of the bill, helping it clear the House yesterday. Now, it moves on to the State Senate.

Continue reading " Lawsuit Restrictions Concerning Drug Manufacturers Clears State House of Representatives " »

Your Charleston drug and medication injury attorneys recently learned of a major lawsuit involving South Carolina and the diabetes drug Avandia. Our State's Attorney General's Office is suing GlaxoSmithKline PLC, the maker of Avandia, alleging a widespread pattern of fraudulent behavior. According to the lawsuit, filed in Spartanburg County on May 17, GlaxoSmithKline (GSK) used false and illegal marketing, exaggerated the drug's effectiveness, and has hid Avandia's risks since the Food and Drug Administration (FDA) initially approved the drug in 1999. The suit seeks damages and penalties in addition to recouping millions of dollars in State Funding spent on prescription for Medicaid patients and state employees, as well as moneys spent treating the drug's harmful side effects.

In regards to the false and illegal marketing, the suit claims GSK has continued to heavily market Avandia without warning of the potential cardiovascular risks the drug poses to consumers, despite the largely known association of between the drugs use and heart attacks. Since a 2007 study conducted by the Cleveland Clinic showed the drug increased the risk of heart attack in type 2 diabetes patients by about 40 percent, Avandia has come under extreme scrutiny, especially considering further studies have come to similar conclusions.

In May the FDA issued restrictions on the drug's use because such dangerous links to cardiovascular risks and heart attack. Now, under the FDA's new program, only certain patients will be allowed to use the drug.

Continue reading " South Carolina Attorney General Sues Major Pharmaceutical Manufacturer " »

In yesterday's Post and Courier, which by the way is the South's oldest daily newspaper, your South Carolina car accident lawyers read an article concerning a bicycle accident involving a Charleston County Sheriff's Deputy. The accident occurred Sunday night around 11:30 p.m. at the intersection of Ashley River and Ashley Hall Roads in West Ashley. According to the South Carolina Highway Patrol, it was determined the Deputy was not at fault in the accident and was driving as he was supposed to be when the accident occurred.

Also according to the S.C. Highway patrol, the 27-year-old bicyclist was wearing dark clothing (dark pants and dark polo shirt) when the Deputy’s 2009 Ford Crown Victoria cruiser struck him.

When riding a bike at night, especially along busy roadways and highways, it is imperative to make yourself visible to drivers by not wearing dark clothing and taking safety precautions like having lights or reflectors on your bicycle and helmet.

After the auto accident the bicyclist was taken to Medical University Hospital. As of late Monday, his condition and extent of injuries was unknown, according to the Post and Courier's article.

Continue reading " Charleston County Deputy Determined Not at Fault in Nighttime Car-Bike Accident " »