Articles Posted in Injury Cases

Do not enter sign

Wrong-way accidents are just as the name implies: an accident caused by another driver going the wrong way on a street, highway or interstate. Wrong-way accidents are not terribly common but when they occur they typically involve a fatality because the impacts are usually head-on and severe.  In fact, more than 350 people are killed each year in wrong-way accidents.

By and large, wrong-way accidents involve a driver who is impaired by alcohol.  So then, it will probably not surprise you to know that you are more likely to be the victim in a wrong-way accident at night and on weekends.  You are also more likely to be involved in a wrong-way accident if you are driving in the lane closest to the median. Why?  Because the wrong-way driver will typically move to the far right lane thinking it is the slow lane.  Since they have been drinking, they choose this lane so they do not get pulled over for speeding. Finally, older drivers are over-represented in wrong-way accidents.  Aside from cracking down on drunk driving, what can be done to prevent wrong-way accidents?  Continue reading

OLYMPUS DIGITAL CAMERA

Last week, my wife and daughter were driving home from school when they noticed a goat in the road.  Fearful the goat was going to get run over or cause an accident on the narrow little road, my wife decided to try and find its owner.  Two farms were nearby so my wife pulled into first farm and went to the front door to alert the owner about the escaped goat. The homeowner advised my wife the goat in question belonged to the farm on the other side of the street.  The woman also reported she herself had put the goat up on several occasions.   Armed with this information, my wife drove to the farm across the street to alert them their goat was loose.

When my wife and daughter exited the car, the goat was still at the road.  They knocked on the door and waited a few moments but no one was home.  As they turned to walk back to the truck, they noticed the goat was approaching.  Before they could get back to their vehicle, the goat became aggressive, and this goat had horns.  Continue reading

Kate and John boating

Middle Tennessee has many wonderful lakes: Center Hill, Old Hickory, Percy Priest, Normandy Lake and others. Our family’s favorite is Tims Ford where we like to spend as much time as possible out on the water.

While boating and jet skiing are fantastic recreational activities, there are a number of laws applicable to both. Let’s review 10 of the most important: Continue reading

Facebook post photo

Last month, a judge was publicly admonished by the Texas Commission on Judicial Conduct because she posted comments on Facebook about a trial she was presiding over.  Then, earlier this month, a Michigan prosecutor lost her job due to statements she posted on Facebook related to the looting in Baltimore.  And for accident victims, Facebook is just as dangerous.

As soon as an accident victim makes a claim, a claims adjuster or a defense lawyer will likely try to find the person on Facebook to glean as much information as they can.  And if your Facebook posts are not consistent with the allegations of your lawsuit, then they start doing a happy dance.  Let me give you some examples of how Facebook can be used against an accident victim.  Continue reading

dock photo 2For the past eleven summers, our family has spent as many weekends as possible on Tims Ford Lake. We enjoy swimming, water skiing, jet skiing, grilling out with friends and all of the other fun the lake has to offer. But, in those eleven years, there have been some unspeakable tragedies as a result of electrocutions.

Around the corner from us, two young boys were electrocuted and died when they jumped from their dock and into the water. The electrical work on the newly installed dock had been improperly installed allowing a live charge to enter the water. Then, just two years ago, an adult was electrocuted and died as a result of an improperly grounded dock.  Both accidents were preventable. So what can you do to make your dock safe? Continue reading

pool photo

I can feel it. Can you?   Summer is almost here. The kids have just a few more weeks of school and then it is time for pools, lakes, waterparks, time at the river and more fun in the sun.  In an effort to ensure everyone has a safe summer, May is National Water Safety Month, and in March of this year, Governor Bill Haslam signed a proclamation to that effect for the State of Tennessee.

While water can be the ideal spot for summer fun, it can also be a spot for terrible drowning and near-drowning accidents. According to the Centers for Disease Control and Prevention, more than 10 people a day die from drowning accidents. And drowning is the number one cause of death for children 1 to 4.

Continue reading

Ice cream

Yesterday, Blue Bell Creameries of Texas voluntarily recalled ALL of its products due to potential contamination with listeria monocytogenes.  Blue Bell has been experiencing problems with listeria monocytogenes since early March, 2015, and the problem has just continued to grow leading to yesterday’s global recall involving ice cream, sherbet, frozen yogurt and frozen snacks.

Continue reading

Since the beginning of February, the FDA has been busy with recalls related to undeclared peanut allergens.  A good number of the recalls are related to tainted cumin but not all. The foods involved are:

  1.  Pride of Szeged Sweet Hungarian Paprika (manufactured by Spiceco) 
  2. Goya and Kirby – Black Bean Soup and Black Beans with Creole Seasoning (manufactured by Goya)
  3. Whole Foods Market Divine Treasures 100,000 Smooches candy (manufactured by Whole Foods Market)
  4.  Whole Foods Market – prepared salads, tacos and seasoned meat items (manufactured by Whole Foods Market)
  5. Village Hearth, Lender’s, L’Oven Fresh and Kroger bagels (all produced by National Choice Bakery). This recall also involves tree nuts.
  6. Pepperidge Farm bagels (manufactured by Pepperidge Farms). This recall also involves tree nuts.
  7. Sara Lee, Thomas and Jewel bagels (all manufactured by Bimbo Bakeries) This recall also involves almonds.
  8. See’s Candies Classic Red Hearts and assorted chocolates (manufactured by See’s Candies). This recall also involves undeclared tree nuts.
  9. The Spice Mill Chef’s Choice Ground Cumin and Cajun Seasoning (manufactured by the Spice Mill)

Even more cumin-related recalls occurred in January.  For more details on these and other food recalls, go to http://www.fda.gov/Safety/Recalls/

Food allergies can be life-threatening. In fact, approximately 1,500 Americans die each year because of allergic reactions to food. If you or a loved one has suffered a serious allergic reaction to an undeclared allergen or contaminated food, we can help. Contact one of our award-winning attorneys today for a free, no-obligation consulation. Call us anytime at 866-812-8787

For more information on this subject, click on the links below:

Food Allergies

Food Label Requirements

Food Allergy Claims Against Restaurants

Food Allergies and Schools, Daycares and Preschools

Food Allergy Symptoms

The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.

Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted. 

As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties. 

For more than 50 years, inspections at poultry plants have been largely the same. That fact does not seem terribly remarkable until you think about the technological advancements we have seen in 50 years – from MRIs to DNA fingerprinting to electric cars. When presented in that light, you have to wonder why it took so long to implement changes that could improve food safety. 

At any rate, the changes are here and are estimated to prevent as many as 5,000 foodborne illnesses a year. Here are the basics of the new rules:

·       Poultry producers are required to perform microbiological testing at two points in their production process to prevent salmonella and campylobacter contamination. According to the Centers for Disease Control and Prevention, salmonella and campylobacter are two of the most common causes of foodborne illnesses. Salmonella alone causes 1.2 million illnesses and 450 deaths in the United States each year.

·       The maximum line speed for poultry plants will remain capped at 140 birds per minutes. Some had advocated for line speeds of up to 200 birds per minutes and the initial proposal had been for a line speed of 175. The lower line speed still requires an inspector to inspect 2.33 birds every second. Not surprisingly, many think such a speed still puts the public at risk.

·       In an effort to maximize federal inspectors time in the plant, plant employees will be allowed to conduct some preliminary sorting duties. Some fear this will eventually mean a reduction in federal inspectors. 

Only time will tell if the new rules are a victory for the poultry-consuming public so we will continue to watch this issue. To learn more about food poisoning, click here. If you would like to discuss a potential case, call us for a free, no-obligation consultation at 615-742-4880 or toll-free at 866-812-8787. We handle all food poisoning cases on a contingency basis so we only get paid if we recover money for you.