Even though teenagers seem to receive the brunt of the attention in regard to the consequences of distracted driving, it is not a problem restricted to teenagers.
]]> Drivers of all ages are susceptible to the consequences of distracted driving. Despite widespread educational efforts, reports indicate that the number of fatalities caused by distracted driving fatalities is increasing each and every year in South Carolina. Though reports do not make a distinction, it's likely that the number of injuries related to distracted driving is also on the upswing as well. These accidents involve not only teenagers, but adults who may both be the cause and the victim of these types of accidents.The public definitely should be informed of the consequences of distracted driving caused by cell phone use in order to attempt to prevent these fatalities and injuries caused by distracted driving automobile accidents. However, shared roadways are still a danger for those who are fully focused and aware and following all traffic laws. Every South Carolina driver benefits from being aware of their surroundings on the roadway and by knowing their rights should they find themselves victims of this type of accident.
Source: WSPA-TV News, "Distracted Driving Still a Problem in South Carolina," Christine Scarpelli, May 6, 2012
]]>One World Technologies, Inc., which is based in South Carolina, imports and sells gas grills at retail stores throughout the United States and North America. Unfortunately, there has been a recall over a couple different types of gas grills deemed to be unsafe, which are distributed by the South Carolina company. The two gas grills included in this product recall are the STOK Island and STOK Quattro models. In total, nearly 90,000 units are affected by the recall.
]]> The reason that these two gas grills are being recalled is the fact that there are over 550 reports stating that they leak propane gas. While there have been no injuries reported, the gas leaks raise major concerns about the overall safety of the product. The biggest hazard associated with the grills, of course, is the potential for the gas to ignite. If the grill is located in an enclosed patio area or if it is stored in a garage, turning the light on or doing anything that induces electrical current could result in an explosion.
The gas leak hazard exposes consumers to the risk of suffering serious burn injuries. While there haven't been any injuries reported, this does not mean that no injury has occurred or will not occur. Those South Carolina residents using one of these gas grills for summer barbecuing are in serious risk of sustaining bodily harm due to a design flaw. This troubling oversight could cause parties responsible for the product to be held liable in civil court.
Source: CBS News, "Recalls this week: Grills, Bike brakes, Saw blades," April 21, 2012
]]>These meals are expected to have been shipped to locations east of the Mississippi River. While this error may appear as more of an inconvenience than a products liability issue or a true danger to consumer safety, the error does carry potential health concerns for some.
]]> The stuffed peppers contain Worcestershire sauce. The sauce contains anchovies, which is a known allergen and is not indicated on the lasagna meal packaging. This may lead some buyers of these recalled meals to eat the stuffed peppers anyways, not realizing that their health may be impacted by potential allergens While this may not be a danger to the majority of the population, it is potentially harmful - and even deadly - to enough that a recall and effective action by the manufacturer is necessary to prevent any unintentional accidents.The manufacturing error was brought to the attention of the South Carolina company by two consumer complaints. It is believed that the error occurred when the packaging for the lasagna meal was left in the packaging machine while the stuffed pepper meals were prepared. General inattention to required processes apparently led to the potentially dangerous error.
No serious injuries or health concerns have been reported as a result of the packaging error at this time, but those who have purchased this product should be aware of the potential issues and take caution. This warning applies to any product that may be inaccurately labeled. Product labeling is designed to inform consumers and prevent potential harm. If a company does not provide accurate labeling, the unintended consequences of the error can prove to be catastrophic.
Source: Jefferson Post, "South Carolina firm recalls frozen entrées due to mislabeling and undeclared allergen," April 18, 2012
]]>The neglect was first reported when an official acting with the South Carolina Governor's Office of Ombudsman notified police of a resident who was in very poor health. After examination, hospital staff determined that he was suffering the effects of malnutrition and severe dehydration, as well as having a subdural hematoma on the back of his head.
]]> The nursing home was shut down, and 13 other residents were transported to a hospital and examined by medical staff. It is not known at this time whether any of the other residents required medical treatment.The director of the facility, a 68-year-old woman, has been charged with the neglect of a vulnerable adult and a $250,000 bond was set. Moreover, this wasn't even the first time that a charge of this type was made against her. Approximately eight years ago, she was arrested for the same charge.
For the families of patients at the facility, they are understandably distraught over the neglect. Most were apparently unaware of the dreadful conditions. One person who has a brother in the facility noted that no one wants to believe that a loved one is suffering at the hands of those who are supposed to be providing much needed care.
Unfortunately, nursing home negligence is a reality that too many families encounter. For those families that believe their parents or loved ones are victims of negligence, the best first step is to document the incident and contact appropriate authorities to investigate. In doing so, they may be able to prevent similar acts of negligence in the future.
South Carolina law provides for the right of those injured due to nursing home neglect to pursue a personal injury claim against those parties whose negligence caused or contributed to the injury. In this manner, negligent parties may be held accountable and those injured will receive compensation for their suffering.
Source: WIS-TV News, "$250k bond for woman accused of neglect at assisted-living facility," Cameron Easley, April 13, 2012
]]>The report, conducted by a nationally recognized children's hospital and an automobile insurance company, found that 55,000 teenagers and their passengers were seriously injured in auto accidents in 2009 and 2010.
]]> Out of the thousands of accidents that occurred during the two-year timeframe, 30 percent suffered some sort of brain injury, from concussions and skull fractures to traumatic brain injuries. Any of these injuries, from which full recovery is sometimes impossible, can pose serious health conditions that may affect teenagers, and their families, over their lifetime. According to the Centers for Disease Control, automobile accidents are the number one cause of death as a result of serious brain injuries in teenagers aged 15 to 19.The hospital and insurance company's report also revealed that states with stricter graduated driver licensing laws show lower fatality and brain injury rates among teenage drivers. These laws include significant hours of adult-supervised driving and limited numbers of passengers for the first year of licensed driving, among other requirements.
Unfortunately, teenage automobile accidents will probably never be completely preventable in our state.. These incidents will continue to be devastating to the victims and their families, especially when another party may be at fault for the accident. Until the roads are completely safe for all drivers, it is best to take whatever precautions necessary to protect yourself and other motorists every time you get behind the wheel.
Source: Forbes, "Car Crashes Are The Leading Cause Of Fatal Head Trauma Among Teens," Jim Gorzelany, April 2, 2012
]]>After World War II, disability and second injury funds were set up for veterans who returned from war with serious injuries that may have discouraged employers from hiring them in fear of repeated injury. These funds grew to include not only veterans but thousands of others with pre-existing workplace injuries. If one of these people were to suffer a workplace injury, the second injury fund would cover the costs of workers' compensation for that employee.
]]> Unfortunately for those who benefit from this program, many states have begun closing these programs due to financial difficulty. The Second Injury Fund in South Carolina is targeted to be phased out by the end of the coming year. This will likely make it more difficult for businesses to cover the costs of workers' compensation benefits. The hope is that injured workers will not suffer unnecessarily because this program will cease to exist in our state.As we reported last week, the South Carolina legislature is already considering cuts to workers' compensation owed to those who are beyond retirement age. Should both changes be enacted, many people may find themselves in very tight financial circumstances. If you or a loved one is caught in this predicament, it may be worthwhile to explore what other legal claims you may have to workers' compensation payments.
Regardless of the presence or absence of these programs, workers still maintain their rights. It simply may be more difficult for previously injured or disabled workers to obtain employment in certain circumstances, notwithstanding the protections offered by other federal and state statutes. Workers who are injured in workplace accidents are still entitled to workers' compensation but will likely benefit from following and understanding the planned changes in applicable law as it relates to their circumstances.
Source: Newser, "With costs rising, states are paring back special funds meant for disabled workers, veterans," March 22, 2012
]]>The bill is purportedly designed to eliminate excess costs when workers' compensation is paid to employees who are well beyond retirement age. In some cases, those individuals in this situation actually receive more in workers' compensation payments than their retirement benefits. Not all injured workers are in this category, though, so they may still be affected should this bill become law. The Labor Department estimates that approximately 18,600 individuals would be affected by these changes, and there is even concern that this bill could affect workers' compensation that injured employees are already receiving despite the fact that changes would not become effective until three years after the proposal is adopted.
]]> When a worker is a victim of a work-related injury so severe that they are unable to continue to work as they recover, they are typically entitled to workers' compensation to help maintain their financial stability while they are out of work. A reduction or elimination of these benefits could severely impact families across South Carolina. Those federal employees who are receiving workers' compensation benefits would benefit from following the bill's progress as it makes its way through the current legislative session, as well as gain an understanding as to how this bill may impact them.Source: The Washington Post, "Possible cuts in workers' compensation cause concern," Joe Davidson, March 26, 2012
]]>The truck was traveling south on a United States highway when it came upon a vehicle stopped in the road near the intersection of a state highway during the early morning hours. The truck swerved to avoid the vacant vehicle which had been involved in an automobile accident earlier on, only to strike two pedestrians. Both pedestrians died at the scene as a result of their injuries as a result of the impact.
]]> In the aftermath of this fatal incident, law enforcement officials will likely conduct an investigation to determine the exact circumstances leading up to the collision. Regrettably, police inquiries sometimes determine that drivers do not do everything in the power to prevent accidents from occurring. In an automobile accident, if fault is found on the part of a driver or another party, victims are often able to seek compensation for their pain and suffering. Though monetary compensation can never replace what is lost, it may help to financially stabilize the victim or their family in their time of need.The sad reality is that South Carolina's roads will never be an entirely safe place for drivers and pedestrians. Public officials can enforce measures to improve road safety, but drivers do not always fulfill their duty to operate their vehicles with caution. As a result, motorists and pedestrians should take any necessary measures to guard themselves against the negligence of others on the road.
Source: The Times and Democrat, "Two die after being struck by tractor-trailer," March 8, 2012
]]>According to the civil lawsuit, the driver's manager allowed him to consume alcohol after the legally mandated closing time. At the time of the fatal collision, the accused man's blood alcohol content was at .24 percent, or three times the legal limit in South Carolina. The wrongful death claims seeks monetary damages from the restaurant for its role in contributing to the cause of the heartrending accident.
]]> Automobile accidents involving drunk driving, especially when serious injury or death is caused, are understandably devastating. However, when it appears the accident could have been prevented had someone done the right thing by intervening, it can be even more tragic. While it remains to be seen what the outcome of the wrongful death claim will be, the family asserts that the restaurant should be held fully accountable for its alleged negligent actions. While the lawsuit will not undo what has already occurred, it may help the family come to terms with the seemingly senseless incident, as well as serve a warning to others to act responsibly under similar circumstances.Source: Reuters, "Family sues South Carolina restaurant for wrongful death," Harriet McLeod, March 1, 2012
]]>Companies may be responsible for several different forms of monetary damages in product liability incidents such as this, depending on local laws governing such issues. Those dealing with an unintended pregnancy may be owed compensation from problems with physical and mental health while carrying the child to the costs of carrying and rearing the child. In these types of cases, not every state allows for the full damage rule - including the costs of rearing the child - without removing some of the manufacturer's liability due to the "value of having a healthy child."
]]> Substantial debate exists in products liability cases involving birth control due to a good amount of speculation involved in placing the cause of the pregnancy in the medication or other sources. However, arguments toward compensation due to errors in birth control are becoming increasingly convincing due to the fact that it is very expensive to carry and raise a child.Women in South Carolina who believe they may have been affected by this incident, or by similar incidents, would do best by learning about what compensation they may be due for the use of a defective prescription drug. A knowledgeable legal professional would be able make an assessment and determine whether or not a product's manufacturer can be held liable for selling a defective product. At that point, the attorney and their client would determine what the best course of action is for each unique case.
Source: The Atlantic, "Is Pfizer Liable for Pregnancies Caused by Faulty Birth Control?" Brad Jacobson, Feb. 21, 2012
]]>Portable bed rails are placed on the sides of full-sized adult beds to keep young children, and sometimes infants, from falling out of their beds during the night. Safety issues concerning these bed rails may well involve products liability concerns. These issues include injury and death resulting from a child becoming trapped in an unsafe gap left between the bed and the rail, a situation that arises from multiple flaws in the product design.
]]> Residents of South Carolina should be aware of the products liability issues related to these bed rails. The new federal standard for these bed rails include requirements to ensure future safety of children and infants. These regulations include: removing the gap created between bed rails and the edge of the bed, implementing new testing measures that ensure the bed rail cannot be improperly assembled, improving safety warnings and compiling more accurate assembly instructions.This new federal standard will come into effect six months after its finalization. South Carolina parents who may be using these products should ensure that they are using new bed rails that have properly adhered to these new standards to avoid any further products liability issues.
Parents deserve to have peace of mind while their child slumbers. These days, parenting is stressful enough without having to worry about the safety of a child's bed. It is the responsibility of a company to put their products through strenuous testing to ensure that they are safe for anyone that may use them. Hopefully, these newly formulated safety regulations will encourage bed rail manufacturers to improve their practices in order to promote the welfare of children.
Source: U.S. Consumer Product Safety Commission, "CPSC Adopts New Federal Standard for Portable Bed Rails," February 22, 2012
]]>The automobile accident resulted in the deaths of three of the passengers, leaving the other two occupants with severe bodily trauma. The two surviving passengers were removed and cared for by EMS. No further word on their condition was immediately available. Officials are still investigating the scene in order to pinpoint the cause of the terrible collision.
]]> Unfortunately, fatal incidents like this one are far too common, and often victims are injured or killed through no fault of their own. Although there will never be any true compensation for the families who have lost their loved ones involved in this crash, or in similar crashes, families of victims of such automobile accidents may be able to seek representation in order to pursue compensation.Laws regarding wrongful death claims can vary from one jurisdiction to the next, so it is best to be aware of the law and procedure as it is applied locally. The surviving family of similar fatal accidents in South Carolina would likely benefit from familiarizing themselves with their legal options concerning wrongful death in relation to automobile accidents in their area. Some form of compensation may be available for the injuries suffered as well as any related pain and suffering elicited by the negligence of another party.
Source: SCNOW, "Three people die in wreck near FDTC in Florence," Feb. 24, 2012
]]>Following an investigation at one of the chain's stores, the Occupational Safety and Health Administration (OSHA) leveled numerous safety violations against the supermarket giant. The primary violation was a failure of store management to take the appropriate safety measures for employees cleaning equipment. This willful violation will cost the supermarket $70,000. In total, the company is being fined $182,000 for failing to provide the kind of safety their employees deserve.
]]> The supermarket chain will be cited for at least a dozen serious and non-serious violations, many of which were repeat violations. Though the store will pay fines, the employee that lost their hand will be facing the consequences of the incident for the rest of their life. Losing one's hand impacts daily functions, and could seriously affect the victim's ability to perform at a job in the future. If the company had worked to improve workplace safety for employees, the victim would probably not be in this situation today.The supermarket chain was negligent in their duty to their employees. As a result of this accident, the store employee will have to deal with hefty medical bills for treatment and physical therapy, lost wages and a significant amount of anguish. When you or a loved one are hurt due to an employer's failure to keep their workers safe, you may have a legal claim to compensation for any damages incurred. The hope is that employers will ensure the health of their employers once they are held to account for their inaction.
Source: WCTV, "Publix Supermarkets Cited by OSHA After Amputation of Employee's Hand," Feb. 15, 2012
]]>In 2008, federal health officials launched a campaign to make the quality of health care more visible for consumers. As such, they have issued a scale of one to five stars for the quality of care at nursing homes, with five representing the highest quality homes. In the past three years, over 560 nursing homes have not moved up from a one-star rating. Among those homes, five are in South Carolina.
]]> These findings are troubling because the quality of care in nursing homes has generally improved nationwide over the past few years. Homes receiving the highest rankings, four or five stars, have increased from 38 percent to 43 percent since 2009.The findings also confirm the information from a previous blog post. In general, non-profit homes tend to have a high level of care than their for-profit counterparts. Nearly two-thirds of consistently underperforming nursing homes were for-profit facilities owned by a chain.
Unfortunately, many families discover that the nursing home they choose is not performing the level of care they should be. Our elderly or sick loved ones deserve the highest level of care. If you believe your loved one has been injured or has suffered as a result from negligent care in a nursing home, it may be a good idea to contact a trustworthy legal professional.
If we hold negligent nursing homes liable for consistently providing low-quality care, then making the tough decision to get a loved one the care they need might not be so hard. When a nursing home can assure that they will truly care for their residents, then families will not have to worry that their loved one is being treated poorly.
Source: USA Today, "As nursing home care improves, some problems slow to mend," Paul Moines, Feb. 10, 2012
]]>With allegations of nursing home abuse and neglect as common as they are, it is important to choose a nursing home that has a long-standing record of delivering quality care.
]]> A number of studies suggest that families may have better luck with non-profit nursing homes than they do with for-profit ones.Non-Profit Homes Have Happier Staff, Better Care
Perhaps the most important thing to consider when choosing a nursing home is the quality of the staff. After all, these caregivers will be responsible for attending to most of your loved one's day-to-day needs. Happier caregivers are less likely to engage in abusive or neglectful behavior.
Studies show that caregivers are happiest when they work for non-profit homes that have supportive managers and sufficient resources. Non-profit homes tend to have a lower turn-over rate than for-profit homes.
Staffing levels are as important as employee happiness. An overworked staff is more prone to oversights and other forms of nursing home negligence.
A recent report from researchers at the University of California-San Francisco found that many for-profit homes intentionally keep staffing levels low. They do so in order to minimize labor costs and maximize profits. In fact, the study found that most of the deficiencies in care at for-profit homes could be directly tied to inadequate staffing levels.
Choosing a nursing home for your loved one is a major decision. Of course, not all for-profit homes are bad, just as not all non-profit homes are good. If you do diligent research and ask the hard questions, hopefully your loved one will be the beneficiary of excellent care.
Source: Times Herald-Record, "Protecting Your Future: Nonprofit vs. For-Profit Nursing Homes," Bonnie Kraham, Feb. 5, 2012.
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