South Carolina Injury Lawyer Blog

Similar to the last blog entry posted by your Charleston personal injury attorneys, today's post also concerns the Dallas Cowboys. But unlike the last entry, today's post focuses not on the Cowboys players, but on a 88,000-square-foot practice facility that collapsed in 2009 that has gained recent attention for its negligent construction.

Originally, the tent-like facility's collapse was attributed to a sudden, violent gust of wind known as a "microburst," but recent inquiry into the structure's construction and responsible contractor and its engineer has revealed serious misfeasance and disregard for safety in the facility's design.

As is the case in many industrial endeavors, economic and monetary cost is contrary to safety. Shortcuts can benefit the bottom line, but detrimentally impact the stability, safety, and overall performance and structural integrity under natural duress such as wind gusts. Ultimately, and generally, cutting corners leads to defective products and creates the potential for serious accidents and injuries.

Continue reading "Engineering Shortcuts Lead to Building Collapse and Serious On the Job Injuries" »

Escorted from the airport two days in a row for erratic and highly disruptive public behavior, a young woman was taken into custody on the second day for her actions. At the time she was 21 and in college, and had been involved in a serious auto accident the previous year, which either caused or exacerbated an existing mental condition--bipolar disorder. Upon being arrested, the young woman's mental state was called into question. Despite having spoken to the young woman's stepfather and mother by phone, both of which disclosed her psychiatric illness, the arresting officer and other state agents deemed her behavior unrelated to a diagnosed mental condition. Rather, most officers and other state actors felt she was either a) under the influence of drugs or b) simply disgruntled and difficult because of her being taken into custody.

The young woman was released from custody on a personal recognizance bond, after displaying some rather disturbing behavior. She was released into the early evening; near a public-housing project with an exceptionally high crime rate, without having her cellphone returned to her; she was dressed in a cutoff top with a bare midriff, short shorts, and boots; and she is a well off white woman while the immediate population is predominately black and not affluent. Thus, the young woman obviously stood out as unfamiliar with the surrounding environment, making her a potential target for crime. To boot, she was released into a neighborhood with many abandoned apartment buildings waiting to be demolished. Vacant apartments, like vacant buildings, render an area more dangerous as they are known to provide a haven for criminals, and, therefore, criminal activity.

While free in this particular downtrodden neighborhood the young woman came into contact with a group of 15-20 individuals. Several young men led her into an uninhabited apartment building a few blocks from the police station she was released. Court records state that the young woman was made aware of her precarious and unsafe situation by the group, and suggested she should leave. The young woman, however, was too confused to act on that advice. Five hours removed from police custody, a man forced the group from the apartment, and raped the young woman at knifepoint. In an effort to escape, or in a further act of assault, the young woman left the apartment through a window; seven stories above the ground below. She may have jumped. She may have been pushed or thrown. Although she survived the sexual abuse and overall horrific experience, she cannot say exactly what happened as she suffered a traumatic brain injury from the fall, permanently reducing her brain function to that of a child.

Continue reading "Facts of a Thought Provoking Case Outlined and NFL Team Pays Tribute to Inspirational Former Player" »

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" »

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" »

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 " »

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 " »

A man working on a vessel owned by the Ensco Offshore Co. has filed a lawsuit against the company after being injured on the job. Allegedly, a pallet that was being lifted fell on him while aboard the Ensco 82. The man, a Mississippi resident, suffered head and spinal injuries.

The original petition claims the Ensco Offshore Co. were negligent in the accident and that the vessel was not seaworthy at the time of the incident. In addition to the physical injuries incurred by the plaintiff there is a claim he has experienced mental anguish and a loss of wages. In total, the lawsuit seeks to claim $75,000 in damages.

The lawsuit was filed on the first of December 2010 in the Galveston Division of the Southern District of Texas. The alleged injury took place back in May 2010.

This incident is particularly relevant to Charleston job injury lawyers because the port of Charleston is large economic force in the area, employing many people. But, while it provides job opportunities, work as a seaman, longshoreman, and harbor work in general is dangerous and often leads to serious injuries and even death.

Continue reading "Injured Seaman Sues and Sparks Discussion " »

This week the National Football League has laid down sanctions, in the form of fines and suspension, against overly aggressive, ruthless, and dangerous tackling methods in an effort to reduce the amount of concussions and other severe brain injuries. This is great for the professionals, but Charleston accident lawyers know that these brain injuries are not limited to professional football; they can and do occur at the college and high school levels as well.

The National Center for Catastrophic Injury Research reports that between 1945-1999 there have been 491 fatalities were related to severe head injuries sustained during football. What is even more shocking to attorneys in Charleston is that in the last two high school football seasons there have been 8, concussion related fatalities across the Nation. While deaths, paralyzes, and other life altering brain injuries catch most of the media attention, but the larger issue is student athletes suffer post-concussion syndrome long after they’ve stepped off the playing field.

Continue reading "South Carolina Brain Injury Attorneys Look into Football Injuries " »