South Carolina Injury Lawyer Blog

In today's Post and Courier there were two separate on the job accidents reported, one of which happened right here in Mt. Pleasant, South Carolina when a large crane collapsed on a worker at Detyen's Shipyard. The other occurred a little more than two hours south of the law offices of Howell and Christmas, LLC in Hilton Head, where a construction worker was killed after falling through a ceiling.

Wednesday morning a crane operator found himself in a precarious position after the crane's collapse trapped him inside the cab of the machine. According to reports, the man's leg was pinned under the machine for about an hour. Fortunately for him, his injuries from the job accident were not believed to be life-threatening. North Charleston firefighters and volunteers from the Charleston County Rescue Squad gave the injured worker treatment until they were able free the man and transport him to a local hospital.

Your South Carolina harbor accident lawyers at Howell and Christmas, LLC know that longshoremen and harbor workers’ work is dangerous and often leads to serious injuries and even death. When it comes to the Longshore and Harbor Workers’ Compensation Act (LHWCA), the Act covers most employees that are performing work that has a traditional relationship to maritime employment. There is also consideration given with regard to where (i.e. the location) the employee was working at the time of the accident. For example: the Act covers those workers engaged in unloading and loading ships as well as those that build, repair and/or dismantle ships. In many instances, employees that provide support to the above referenced work are also covered, however, each case needs to be looked at individually.

Continue reading "Crane Operator Injured at Local Shipyard, Construction Worker Killed After Fall" »

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" »

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" »

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 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" »

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" »

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 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" »

This particular incident hits, quite literally, close to home for the staff of Howell and Christmas, LLC. A 24-year-old student from Rollins College in Central Florida died a couple weekends back after an accidental fall from a second-floor balcony on Coming Street in Downtown Charleston. The said residence is less than a full block from the home of a student interning at the South Carolina wrongful death attorneys' Mt. Pleasant office.

The 24-year-old student was originally from Massachusetts, but had come to Charleston the weekend of February 25th to visit friends at the College. In the late, late hours of Saturday night, officers in the area of Radcliffeburrough responded to a noise complaint apartment B of the Coming Street residence. About 45 minutes later, at 4:15 a.m., the officers heard a loud noise while talking to one of the residents about the written noise citation, according to the police report.

Continue reading "Late Night, Downtown Balcony Fall Results in Visiting Student’s Death" »

Courtesy of the Brain Injury Association of South Carolina, Charleston injury lawyers received a newsletter featuring some startling information not typically covered by media outlets. Currently, there are over 61,000 South Carolinians living with disabilities from traumatic brain injury, or caused by an external physical force, and in the United States a traumatic brain injury occurs at an alarming rate of one every 23 seconds. Combining victims of breast cancer, multiple sclerosis, and HIV/AIDS, there are still more individuals suffering from brain injuries. This is in no way to discount the prevalence and severity of other afflictions, it is meant to cast a light on a serious condition that is often overlooked.

The cause of brain injuries is varied, the most common include serious car accidents, bicycle accidents, falls, domestic violence, and/or as a result of combat for veterans. In South Carolina, brain injuries are the number one cause of death in individuals ages 1 to 44. Yearly, over 2,500 individuals are discharged from South Carolina hospitals with brain injury and tens of thousands are seen in emergency rooms statewide to be treated for milder brain injuries.

But, while broken bones and open wounds are obvious for doctors and medical staff to treat, brain injuries are not always easy detect in accident trauma victims. Even when a diagnostic test like an MRI or CT scan is conducted, they often will not show minor shearing or tearing in the brain. In many cases a neuropsychological examination must be given to properly diagnose a brain injury.

Continue reading "Information On South Carolina's Number One Cause of Death" »

South Carolina workers' compensation attorneys understand all too well that serious injuries or death can occur while on the job, even if the job is making tortillas. Such is the case for a Gautemalan man who was killed while working at Tortilleria Chinantla, a tortilla factory in Bushwick, Brooklyn, New York. The workplace fatality occured when the 22-year-old immigrant fell into an industrial dough mixer during the night shift.

Emergency personnel responded to the scene after a call reporting a worker had suffered cardiac arrest, however, on arrival they found that a man, who had been a factory employee for six years, had fallen into the industrial mixer. Authorities said the man was pronounced dead at the scene.

Tortilleria Chinantla has since closed due to the accident. Also, because of the death and subsequent inspection the fact that tortilla maker has been without workers’ compensation insurance for nearly a year has been brought to light. According to the New York State Workers' Compensation Board, the insurance for the company ran out last March and the business has since accrued $56,000 in penalties for noncompliance.

Continue reading "Gautemalan Man Falls Into Industrial Dough Mixer" »

South Carolina defective product attorneys came across interesting bit of news from the the U.S. Consumer Product Safety Commission (CPSC) regarding a civil penalty imposed upon an office chair manufacturer. Raynor Marketing Ltd., of West Hempstead, New York reached an agreement that has been provisionally accepted by the CPSC to pay $390,00 in penalties. It was alleged Raynor Manufacturing Ltd. was aware of a defect in office chairs sold to consumers, as well as injuries, and failed to report this information immediately to the Commission as required by federal law.

Raynor Marketing Ltd. announced a recall of 150,000 office chairs in October 2009 because bolts attaching the seatback can loosen and detach, posing a fall and injury hazard to consumers. The chairs were sold exclusively through Office Depot stores nationwide and on the retailer's website, officedepot.com.

"Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC."

Continue reading "Civil Penalty Imposed On Office Chair Producer" »

While reading an out of state paper on the job accident attorneys in South Carolina came across a case where a city worker received workers' compensation benefits injuries incurred while being drunk on the job. The Albuquerque Journal reported that the New Mexico state Court of Appeals ruled in favor of a Las Cruces truck driver who fell off his garbage truck while working back in 2006. He has been awarded 90 percent of his benefits, the full amount less a 10 percent penalty for his being inebriated at the time of the slip and fall. The city now owes the man more than $100,000.

Allegedly the man had been drinking the night before with a friend and later in the evening at a bar. His measured blood-alcohol level was at 0.12 three and a half hours after the 5:45 a.m. slip and fall, well over New Mexico's presumed level of intoxication. In most states a blood-alcohol percentage of .08 is considered the legal limit for individuals being capable of operating a motor vehicle.

In the court's decision it is noted that the truck driver failed to clock in the morning of the accident, possibly in an attempt to avoid supervisors, personnel at the hospital smelled alcohol on the man's breath, that his co-workers had not noticed any impairment, and that he had been driving the garbage truck for at least an hour before his fall, which caused serious injuries to his wrist, hip, and head.

Continue reading "Charleston Workers' Compensation Lawyers Find Interesting Case Over Holidays" »