May 10, 2010

South Carolina Child Injuries: Remember to check twice before reversing your car

All drivers, parents especially, need to check behind your car before reversing. The Center for Disease Control and Prevention after analyzing data reported that each week nearly 50 children are injured by cars reversing. On average two of these children will die due to injuries obtained in the accident. It has been found that in most of these accidents the person driving the car is a family member. Most new cars to day have a built in sensor on the back of the car that will alarm the driver if there is something behind the car when the car is shifted into reverse. Charleston child injury lawyers believe this is a wonderful feature to have on a car, but should not be solely relied on because many things are out of the sensor’s range.

Recently a 22-month-old boy was killed when he was accidently struck by an SUV. The driver of the SUV was the boy’s father. The father was backing his SUV down the driveway so he could wash the car. The boy and other children were playing in the garage and when the boy saw his father’s car reversing down the driveway he ran to the car. His father attempted to reach out of the drivers side door and grab his son. In doing so the father fell out of the car, leaving the car unattended. The child was fatally struck by the driver’s side front tire, causing massive head trauma. The unattended car then traveled across the street and struck a neighbor’s garage door before coming to a stop.

The boy was taken by ambulance to the Medical University Hospital, where he was later pronounced dead. Charleston County Police responded to the scene, taped it off with yellow crime-scene tape, and preceded to conduct an investigation. The investigation is still pending but no charges have been filed. A similar accident happened in 2007 in Goose Creek, when a 4-year-old girl was fatally hit when her father was backing up his pickup truck in the family’s driveway. Drivers please double check your surroundings before backing up your car, these extra seconds can make a life or death difference in a child’s life.

Source: The Post and Courier- “Boy dies in accident as dad backs SUV.” April 2, 2010.

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May 6, 2010

South Carolina Motorcycle Riders: Remember to wear a helmet

Charleston motorcycle accident attorneys want you to remember to wear a helmet when operating a motorcycle or riding a bike. Helmets may not be fashion forward but can make a life or death difference when stuck by a car or truck. The National Highway Traffic Safety Administration estimates that a person driving a motorcycle without a helmet is 40 percent more likely to obtain a fatal head injury, opposed to motorcyclist wearing a helmet, and 15 percent more likely to incur a nonfatal head injury.

A 22-year-old man died Sunday, April 4th in McClellanville from injuries he received in a collision involving his motorcycle and a pick up truck. The accident was near the intersection of River Road and U.S. Highway 17 around 5 p.m. The motorcyclist crashed his bike into the back of the pick up truck and was not wearing a helmet Lt. Martin Fields of the Charleston County Sheriff’s Office reported.

The pick up truck driver was taken to the hospital but was later released after being treated for minor injuries. The motorcyclist, who’s name has not been released yet because authorities have not been able to contact family members, was from Surfside Beach and was pronounced dead a the scene of the accident.

Source: The Post and Courier- “Motorcyclist dies after hitting truck.” April 5, 2010.

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April 22, 2010

Wrongful Death in South Carolina:Accident Attorneys Report Fatal Wreck involving a K-9 Deputy

Beaufort county injury lawyers are sad to report a fatal wreck involving three civilians, a K-9 deputy, and his K-9 partner. The wreck occurred on March 1, 2010 when the couple was traveling along Highway 21. After reviewing footage form the South Carolina Highway Patrol’s real time traffic information website, it has been concluded that the wreck occurred around 5:50 p.m. A Chrysler carrying two men and a woman was attempting to make a U-turn and hit the K-9 deputy. The impact was so severe it ejected the man and woman from the car. The man died on the scene and the woman and other male passenger were both taken to Beaufort Memorial Hospital. Their conditions still remain unknown. The K-9 deputy shaken up from the accident and transported to Beaufort Memorial Hospital as well. The deputy’s K-9 partner was also shaken up and received treatment from a local veterinarian. The wreck is still under investigation by the South Carolina Highway Patrol. Source: WTOC, Savannah, Georgia- “Fatal Wreck on Highway 21 in Beaufort Co.” March 2, 2010.

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April 14, 2010

Charleston Injury Lawyers: Interstate Debris Kills Woman

South Carolina wrongful death attorneys want to remind drivers that loose asphalt, rocks, and debris on the interstate can not only harm your car, they can also be fatal. Recently Alabama authorities reported that a Goose Creek woman was traveling on Interstate 20 when she was killed as a result of interstate debris.

The woman was traveling in Alabama near the Alabama-Georgia line when a pickup truck in front of her car hit a pothole. The trucks impact with the pot hole sent debris through the woman’s windshield fatally wounding her Alabama State Troopers said that the deceased woman was the passenger in the automobile driven by her husband when the accident occurred. She was 35 years old and driving east in Cleburne County, four miles west of the Alabama state line.

Fisher was rushed to the University of Alabama Hospital after the wreck and remained in critical condition overnight. University of Alabama Hospital spokesman, Troy Goodman, reported Tuesday morning that she had died from the accident and that her family wanted people to know that she was an organ donor.

Source: The Post and Courier- “Rock from road injures passenger.” March 16, 2010.

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March 25, 2010

Car Accident on South Carolina US Hwy 17-Driver Airlifted after wreck

Charleston automobile accident attorneys caution drivers to be extremely cautious when driving down US-17, especially after dusk. The highway has little to no lighting and can be extremely hard to navigate late at night. Around 7:50 p.m. on Thursday, February 25, a male driver was traveling north on US-17 when he lost control of his sports utility vehicle.

The driver flipped his SUV four times, crossing over the median before the vehicle stopped. The wreck occurred near Millcrest Drive. The South Carolina car accident was so severe the that the driver had to be cut out of the car with the hydraullic cutters (known as the “jaws of life”) and spreaders manned by the Charleston County Rescue Squad. The victim was then transported via helicopter to the Medical University Hospital for treatment.

All that has been released about the victim’s identity is that the victim is a male. The Charleston County Rescue Squad stated that his injuries are severe. The sheriff’s office fatality team responded to the accident as well due to the severity of the victims injuries.

Source: The Post and Courier- “Driver seriously hurt on U.S. 17" February, 25 2010.

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March 15, 2010

South Carolina Wrongful Death- Homeowners check your yards for decaying trees

Charleston accident lawyers urge you to check your yard for decaying trees. In many cities if a public sidewalk runs through your yard you are responsible for the land on each side of the sidewalk. If there are trees growing between the road and the side walk that runs through your property, these trees are still considered to be on your property. Decaying trees and debris from decaying trees is the homeowner’s responsibility.

Two year old Mateo Ortiz of San Jose, California, recently fell victim of a decayed silver maple tree. The tree fell onto the family’s pickup truck after his father parked it in front of the family’s home. Mateo was killed instantly and it took rescue workers two hours to get Mateo’s father out of the car, who suffered broken arms and other fractures.

Due to the economy many cities have been forced to re-budget and one of the common things to be taken out of the budget first has been tree, sidewalk, gutter, and lawn maintenance on the property that lies between the curb and a homeowners land. This land is usually monitored every five years my city inspectors and arborists but recently San Jose, like many other cities suffering from the economy, have turned this responsibility over to the homeowners. This is unfortunate for Mateo’s family because they are already devastated from his tragic death, and now the city is saying that his death was their fault because they are responsible for the rotten tree that was on their property.

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March 9, 2010

South Carolina Automobile Accident Lawyers Warn Citizens about U-Haul

Charleston accident attorneys want to warn you that numerous people have been injured while using U-Haul equipment. After a multiple deaths occurred while clients were driving a Ford Explorer and U-Haul had to settle wrongful death suits out of court, U-Haul decided to implement a new policy banishing the use of a U-Haul trailer product with a Ford Explorer.

In many of the cases drivers were towing a U-Haul trailer behind an SUV. When any SUV reaches interstate speed the trailer in tow begins to sway and fishtail. Most drivers break to prevent this but breaking only stops the automobile, not the trailer. An instance such as this can cause serious personal injury to the driver and other drivers on the road. Drivers should be very cautious when towing anything and also check the mileage the trailer or truck has already endured. Wrongful death accidents are commonly associated with poorly maintained high mileage cars.

U-Haul was recently sued $84 million dollars in a negligence suit. Talmadge Waldrip an elderly man from Texas, rented a U-Haul truck and when he went to park the truck it rolled over on him. Waldrip won $63 million in punitive damages for the company’s failure to conduct regular maintenance on their equipment and meet truck and trailer safety requirements.

Source: South Carolina Lawyers Weekly- “Lawsuits trail U-Haul nationwide.” December 21, 2009.

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February 9, 2010

Iraq and Afghanistan Veterans, Do you have PTSD? You May Be Entitled To Benefit Upgrades

South Carolina injured Veterans need to know that the Associated Press reported on January 25, 2010, that the military is going to open a review of post-traumatic stress disorder (PTSD) cases due to veteran claims that they were denied benefits. The military has requested that the records of veterans discharged with PTSD be expedited and placed under review, after a case was filed by seven veterans who allege that the military denied them benefits after being discharged with the disorder. The veterans that are capable of having their records reviewed would have been discharged for PTSD in a six year period, ending in October of 2008.

The military is required to rate veterans that are discharged on a rating scale to determine the benefits and medical reimbursement they will receive. The seven PTSD discharge veterans who originated the case received a rating of 10 percent or less. This violates the law because the law requires the military to give veterans discharged for PTSD a rating of 50 percent or greater. The higher rating grants veterans lifelong disability payments and free health care for the veteran and their family.

Veterans that were discharged during this six year period are urged to request the review of their records, because the military could be held liable to pay veterans millions and hundreds of more dollars in monthly benefits. Legal notices have been sent out to veterans, around 4,300 to be exact, letting them know they can join the lawsuit until July 24, 2010.

“I’m glad that they are finally moving forward and reevaluating the soldiers that need to be reevaluated and doing the right thing. It’s been kind of a struggle not only for myself but a lot of individuals that didn’t get what they were supposed to get in the first place,” Army Sergeant Juan Perez, 36, told the press when describing his hardships as a result of PTSD.

Source: CBS News- “Vets With PTSD Could Get Benefits Upgrade.” January 25, 2010.

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November 24, 2009

Golfer Loses Arm in Gator Attack on S.C. course

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.

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November 10, 2009

11-Year-Old Boy Mauled by Great Dane

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.

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October 12, 2009

Brain Injury Awareness in South Carolina: High Number of Brain Injuries Among Soldiers

The accident and injury attorneys at Howell and Christmas know that brain injuries can be the most devastating and least recognized disability that anyone can experience. More is being learned about these injuries because so many of our troops at war are unfortunately sustaining these injuries.

Brain injuries have quickly become one of the most common injuries of the war. An estimated 20% of soldiers in Iraq and Afghanistan have been diagnosed with traumatic brain injury. Traumatic brain injury, or TBI, is caused by the impact of improvised explosive devices.

According to medics of the Fort Drum-based 10th Mountain Division, 3rd Brigade Combat Team, there has been an increase in cases of TBI in the past eight months.

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October 8, 2009

Fewer Trauma Injuries at Children’s Hospital Thanks to ThinkFirst Program

The national program, ThinkFirst, is a brain and spinal cord injury prevention program. It is a school-based program that goes to elementary, middle, and high schools to talk to children about ways to prevent brain and spinal cord injuries. The program covers topics such as motor vehicle safety, bike safety, water safety and pedestrian safety to avoid accidents and injuries.

The organization, which was started in 2003 at Children’s Hospital, is funded by community partners like Kohl’s Department Store. ThinkFirst programs educate young people about their personal vulnerability and the importance of making smart decisions. The organization’s message to youth is that they can have a fun-filled, exciting life, without hurting themselves if they simply think first.

The organization’s efforts seem to be paying off, as Children’s Hospital reported half as many potentially life altering or life threatening injuries in 2009 as in 2005. This goes to show the significant role that education plays in keeping children informed and safe so that they grow up to be healthy and successful adults.

Source: CBS 42- “Trauma Injuries Steadily Declining at Children’s Hospital”- Sept. 17, 2009

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September 22, 2009

Hospital Expanding Services to Victims of Road Traffic Accidents and Worksite Injuries

The Orthopedic and Traumatology department at Al Ahli Hospital in Qatar is considering providing services to the victims of road traffic accidents and worksite injuries. These are both two significant sources of bone fractures .

Currently, victims of road traffic accidents and worksite injuries can only get treatment at Hamad Medical Corporation. According to a recent statement by consultant orthopedic and spine surgeon Dr. Emmanuel Tolessa, the department is looking into expanding its treatment services to include the treatment for trauma, such as dislocated joints and fractured bones.

The department has recently purchased the newest equipment for trauma and folllow-up surgery. They also have successfully treated isolated trauma cases. The orthopedic and traumatology department at Al Ahli was established about a year ago and currently receives about 600 cases a month, with patients ranging in age from 28 to 45. They expect to get close to 1,000 cases a month by November.

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September 14, 2009

South Carolina Man Killed in Worksite Accident

Any time a workplace accident results in serious injury or death, the worker or their family should conduct a thorough investigation in order to be compensated for their loss. Accidents on the job account for 6,000 annual deaths in the United States. Because construction workers normally work under dangerous conditions, accidents on construction sites are common and often devastating for the worker or their families.

Just recently, a Carolina Marine worker was crushed by a crane and killed in a work-related death while working on a public boat landing in Georgetown. Tommy Grainger, 43, of Bucksport, South Carolina was working on the arm of the crane when the accident occurred. The boom was not properly secured and as the workers disassembled it, part of it fell on Grainger causing serious bodily injury and death. Grainger was the father of five children. The last job-related death in Georgetown county took place in late May 2009, when a man working on renovations at Wal-mart was electrocuted and killed.

Unsafe conditions can be a sign of negligence and certain conditions, such as unsafe ladders, holes in floors, or dangerous electric lines can entitle injured workers to compensation. Working with a lawyer from the beginning can ensure that a proper investigation is conducted. By filing a South Carolina worker’s compensation claim against the company, the family might be able to the begin the recovery process after their tragic loss.

Source: Live 5 News-“One killed in Georgetown public boat landing accident”- Sept. 3, 2009

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August 23, 2009

Four Seriously Injured and One Dead In South Carolina DUI Car Accident

Charleston accident lawyers at Howell & Christmas, LLC want you to know that in South Carolina a South Carolinian, who was driving under the influence, caused a fatal car accident the left one man dead and four others seriously injured as a result of the fatal crash. The drunk driver who caused the wreck was identified as Brian Stephens. Police took him into custody on a Sunday. He was charged with multiple criminal violations including, but not limited to, DUI (Driving Under the Influence), DUS (Driving Under Suspension). He also apparently tried to flee the accident scene and was also charged with this as a third offense. Given that there was serious bodily injury and death he was charged with felony counts for his DUI. The crash happened on I-26 in the upstate of South Carolina.

Reportedly, and according to police, the defendant's vehicle was seen swerving while driving West on Interstate 26 late that Saturday night. His vehicle then struck a sports utility vehicle at a high rate of speed. The car crash only involved the two vehicles but the SUV had 5 people inside it including the driver. The driver and all 4 passengers were taken by ambulance to an area hospital. The driver was later pronounced dead the next day. He and his family were apparently returning from a summer vacation when the deadly car crash occurred.

Howell and Christmas, LLC Commentary: No matter how many laws are passed and no matter how harsh the penalties are for driving under the influence, some people continue to drink too much and get behind the wheel and drive. Unfortunately, this selfish behavior affects the lives of thousands each year who are or now someone who is seriously injured in South Carolina by these reckless actions. When someone drinks and drives and hurts or kills another they must of course be prosecuted by the state to the fullest extent of the law. Victims and their families must also bring civil law suits to protect themselves and be reimbursed for medical bills, lost wages, injuries and other damages they incur as a result of these accidents.


Source: Associated Press - August 3, 2009

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August 21, 2009

South Carolina Injured Workers With Brain, Paraplegic and Quadriplegic Injuries Get Lifetime Disability Benefits

South Carolina workers seriously injured on the job that sustain injuries that result in brain damage, paraplegia and/or quadriplegia are entitled to receive lifetime disability benefits under the South Carolina Workers' Compensation Act. S.C. Code Ann. §42-9-10 spells out exactly what what medical and other money damages claimant's are entitled to when they are injured at work. Paragraph (c) specifically states that those determined to be totally and permanently disabled from their work accident and that suffer one of the three serious injuries noted above, are not subject ot the usually 500 week limitation on benefits. Rather, these workers are entitled to lifetime weekly disability checks.

While the South Carolina legislature has spoken clearly on this issue, it is still up to the hearing Commissioner to decide whether or not the injured worker has met his burden of proving his case. This includes proving that he or she is totally disabled and also that as a component of said disability that they either sustained brain injury, paraplegia or quadriplegia. It is important to note that these serious injuries only have to be a component of the total disability and do not have to be the sole cause of same.

South Carolina brain injuries caused by work accidents are not always easy to prove. Only a small percentage of these injuries show up on a traditional MRI or CT scan. Many times those suffering from brain injury appear normal to the casual observer but family members and friends notice a difference in their memory, ability to multitask and especially their mood just to name a few symptoms. Often times the only way to document these subtle changes to the worker from their injury is for them to undergo neuropsychological testing with a neuropsychologist. This is non-invasive testing that requires the participant to take a series of written and verbal tests that often time reveal the extent of their brain injuries.

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July 9, 2009

Low Country Lawyers Wonder If The Injured Are Protected On The Coast of South Carolina

South Carolina accident and injury lawyers like Howell & Christmas, LLC, wonder if their clients are protected in the low country. According to a recent article in the Beaufort Gazette in South Carolina, new information prepared by the Bluffton Township Fire District reveals that on a daily basis, Beaufort ambulances must scramble to other low country towns, such as Bluffton and Sun City, to help their emergency medical services (hereinafter "EMS") respond to emergency medical calls. Out thoughts at Howell & Christmas, LLC, are that we should all be concerned because if any of us in the living in the southern coastal areas of our state gets into a serious car accident the lack of adequate EMS workers could literally be the difference between life and death.

The report notes that due to recent growth in southern areas of Beaufort County, that during a sixteen month time frame, ambulances to be used in the northern part of the county were made to drive to the southern areas over 400 times to assist in emergency calls. The article further notes that the fire district opines that based upon this information, it is clear that the ambulance numbers and workers are not enough to cover the areas to which they are assigned. According to the article, local fire officials have been reporting that EMS is "stretched too thin" for years.

So why do Bluffton fire authorities care? According to the article, the fire district has to respond to not only fires but also to other emergency calls including medical cases and other serious injuries. An example was given of a serious traffic accident that caused significant injuries on highway U.S. 278 and required a fire truck all the way from the Bluffton fire district to support the EMS workers. Fire officials report that there is a need for at least one more ambulance for the southern part of Beaufort County. Again, my take on this is that we should all be concerned about this lack of emergency response services on our coast because the delayed response time, caused by not being adequately staffed, could lead to any one of us not receiving medical treatment in time.

Importantly, the article notes that the S.C. Department of Health and Environmental Control trauma patients and those with serious injuries have to get to a hospital as fast as possible. DEHC calls the first hour following injury as "the golden hour". An injured person has a much better chance of surviving and/or recovering from their injuries if they get good medical care and treatment within the first hour after the accident.

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July 4, 2009

HOWELL & CHRISTMAS, LLC, ACCIDENT ATTORNEYS' INSURANCE TIPS FOR THE 2009 HURRICANE SEASON

As the 2009 season approaches the Charleston South Carolina accident and injury lawyers at Howell & Christmas would like to offer some vital insurance tips to help you get the maximum recovery for your personal injuries and property damages should a loss occur.

1) Keep telephone numbers with you for all Charleston area government services (e.g. hospitals, ambulance, police, etc.). You will need the the hurricane causes an accident that results in injuries or death.

2) Take pictures or video of all valuables now, and also take pictures of any post-hurricane property damage to ensure that they are accurately documented. The more organized you are the less problems you may have. Making an itemized list will help with maximize your potential recovery.

3) Remember to review your homeowners insurance policy. Most homeowners forget that changes to your home such as adding a room or expanding a room may increase the value of your home and ultimately affect your coverage.

4) Make sure to check out windstorm coverage. As residents of a coastal area many insurers may offer such coverage.

5) Remember that Flood Insurance is not covered by homeowners policies. If you live in an area that could suffer a storm surge make sure you have Flood Insurance. Even if you are not located in a flood-prone area you may want to look into Flood Insurance. Remember, all areas are susceptible to flooding (Fact: 25% of flood claims come from non flood-prone areas).

6) Make sure to contact your insurer as soon as possible and let them know the severity of your property damages. Most insurance cases are prioritized, thus a home with less damage will get less attention than that of a home with more damage.

7) Call your lawyer if the insurance company gives you any problems when filing your claim for damages.

Howell and Christmas, LLC, analysis and commentary: It has been 20 years since a serious hurricane has struck the coast of South Carolina. From a historical perspective, we are due. These storms have caused serious injury and damages in Charleston and the low country. Now more than ever it is prudent to have a good hurricane plan in place for you and your family and to watch the weather on the Atlantic and be on the lookout for serious storms. This list above only addresses insurance and property issues. Make sure you have considered all related evacuation and other issues to keep safe this hurricane season. Best of luck.

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July 2, 2009

Severe Burn Injuries And The Truth About the "McDonald's Coffee" Case.

Injury lawyers in Charleston and the world at large have all heard about the woman who spilled McDonald's coffee, sued and received $3 million in damages. Despite her severe third degree burn injuries in her groin and private areas of her body and her willingness to settle out of court on numerous occasions prior to the jury's verdict, the truth is that the woman actually received much much less. Here are the facts of this widely misreported and misunderstood case.

A 79 year old woman by the name of Stella Liebeck was sitting in the passenger seat of her grandson's car after purchasing a scolding hot cup of McDonald's coffee. After the car stopped, she tried to hold the cup between her knees so that she could remove the lid. However, the cup tipped backward and into her lap pouring scalding hot coffee onto her groin. She received 3rd degree burns over 16 percent of her body causing her to be hospitalized for 8 days. During her hospital stay and in the two years that followed, she underwent whirlpool treatment for debridement of her wounds and skin grafting surgeries to repair her wounds. Despite all these medical efforts, she was left with severe permanent scarring and disability. Even though plaintiff had extensive and debilitating injuries, she offered to settle with McDonald's for only $20,000. However, McDonald's refused to settle. Stella took McDonald's to court. The jury deliberated and awarded her $200,000 in compensatory damages. Said damages were reduced to a mere $160,000 because the jury found that she was at least 20 percent at fault. The jury further awarded $2.7 million in punitive damages (i.e. damages meant to punish a wrongdoer for bad conduct) for McDonald's callous conduct in not lowering the temperature of its coffee despite being on notice of its harmful injuries to at least 700 other victims. One factor considered in the jury's analysis when awarding punitive damages was that McDonald's revenue from coffee sales alone is in excess of $1.3 million a day. Despite these facts, the trial judge again reduced claimant's award and reduced the punitive damages to $480,000. The parties later settled out of court. Below is some of the evidence the jury heard in the case.

1. McDonald's sold its coffee at 180 to 190 degrees Fahrenheit;

2. If coffee at that temperature comes into contact with human flesh, it causes third-degree burns (i.e. that is that the skin will be burned away down to the fatty-tissue and/or muscle layer of the victims body) somewhere between 2 to 7 seconds;

3. 3rd degree burns do not heal. The victim must undergo skin grafting to repair the damaged areas of the body. Debridement and whirlpool treatments will cost the victim tens of thousands of dollars and despite said treatments, the victim will still have very serious and permanent scarring and disfigurement. They will also experience extreme pain and disability for many months or years as they recover. Some never recover.

4. Department of mechanical engineering and bio-mechanical engineering chairman at the University of Texas testified at trial and taught the jury that the risk of harm in selling coffee this hot is unacceptable. The editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation also testified on behalf of the Plaintiff.

5. McDonald's admitted at trial that it knew about the risk of serious burns from its coffee for more than 10 years but did nothing about it.

6. Over a 10 year period, McDonald's coffee burned more than 700 vicitms. Many of those injured received severe burns to the genital area, perineum, inner thighs, and buttocks.

7. McDonald's victims included children and infants. Some of these victims were burned by the inadvertent spillage by McDonald's employees.

8. At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years.

9. At trial, several of McDonald's witnesses admitted in court that the public is not aware of the extent of the risk of serious burns from their spilled coffee.

10. At trial, McDonald's admitted that it did not warn consumers of the risk associated with drinking their coffee.

11. In court, McDonald's witnesses also admitted that despite all of the victims and injuries from their coffee, they had no plans to lower the temperature of their coffee.

12. Importantly, McDonald's candidly admitted that its coffee is not fit for consumption when sold because it causes severe scalds if spilled or drunk;

.

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