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In February 2016, a Missouri jury ordered the pharmaceutical giant, Johnson & Johnson, to pay $72 million for the wrongful death of Jacqueline Fox. Fox was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene purposes, for more than thirty-five years.


Punitive Damages Awarded by Jurors

Fox’s family claimed Johnson & Johnson was well aware of the link between ovarian cancer and the use of talcum powder for feminine hygiene, yet issued no warnings to women. Fox died a few months prior to the beginning of the trial, yet in depositions said she wanted other women to know of the potential dangers from using talcum powder. The Fox wrongful death settlement was split into $10 million in compensatory damages and $62 million in punitive damages.

Just over two months later, a second Missouri jury awarded plaintiff Gloria Ristesund $55 million for her talcum powder product liability claim. Ristesund also said she used J & J baby powder with talc and Shower to Shower regularly for more than three decades, then developed ovarian cancer in 2011. Ristesund’s award was split into $5 million in compensatory damages and $50 million in punitive damages.

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shopping-1165437_640It is important to know that any business which welcomes the public onto their premises is legally charged with keeping those people reasonably safe. Whether you are at a “big box” store like Walmart, Sam’s Club or Costco, a supermarket chain such as Albertson’s or Safeway, or any business that invites the public in to purchase goods, there is an inherent obligation to keep customers out of harm’s way. If you are injured in a slip and fall on the store’s premise, you may have a valid legal claim against the business.

There are a number of factors involved in most store slip and fall accidents. Accumulations of snow or ice in the entry way, a floor mat which is bunched up, display items which are haphazardly placed, poor lighting or a spilled substance which has been there for a significant length of time but ignored can all cause slip and fall accidents. Consider some of the more notable lawsuits regarding slip and falls in stores.

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texture-860666_1920One of the most commonly known car-related product flaws is the Toyota gas pedal issue, where certain Toyota vehicles had the gas pedal stick when it was pressed down. This issue resulted in numerous drivers losing control, which caused injury accidents and even fatalities. Toyota was forced to recall more than four million vehicles and eventually reached a settlement of $1.1 billion for consumers who had been injured or harmed by the defect. This particular settlement contained no admission of fault on the part of Toyota.

Faulty Takata Airbags Result in Injury and Death

Another car-related product liability issue is the defective Takata airbags, which mostly affected cars built between 2002 and 2008, but also included models through 2014 in some cases. The main issue with the recall is that some airbags can deploy explosively, injuring or even killing car occupations. This issue involved the airbag’s inflator, which is some cases would ignite with explosive force. If the casing ruptured in a crash, there was a possibility that metal shards could be sprayed from the airbag throughout the vehicle’s cabin.

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hands-981400_1920In 2010, there were more than 40 million people over the age of 65 in the United States. These baby boomers currently represent the largest segment of our population, resulting in many of our elderly being placed in nursing homes when they are no longer able to care for themselves. Abuse and neglect may occur in these facilities; while the actual statistics on nursing home abuse and neglect are somewhat fuzzy, some feel as many as 40% of all nursing home residents are either neglected or abused in some way.

According to a study by Cornell University and the New York City Department for the Aging, the actual incidence of elder abuse is as much as 24 times greater than those cases that are referred to legal authorities or social services. A 2000 study conducted by National Center on Elder Abuse, found that more than 50% of nursing home staff admit to mistreating or neglecting patients in one way or another—a dismaying statistic.

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Concussion Brain InjuryA concussion is a specific type of traumatic brain injury that is typically associated by a bump, blow or jolt to the head. Concussions can also occur due to a fall or impact to the body that causes the head and brain to move quickly in a back-and-forth motion. While doctors sometimes describe concussions as a “mild” brain injury because they are typically non-fatal, the effects of a concussion can be quite serious.

According to the Centers for Disease Control and Prevention (CDC), there are over 2.5 million emergency department (ED) visits per year related to concussions and traumatic brain injury. Based on ED visits, the leading causes of concussions are falls, car, truck and motorcycle accidents, being struck by an object, assaults and playing sports.

Concussion Symptoms

Most people that receive a concussion make a full recovery, but it is common for people to have symptoms that can last for days, weeks or a few months; however, for some people, symptoms can last even longer. Some concussion symptoms may appear right away, and others may not be noticed for days or months after the injury. In some cases, symptoms may not be fully realized until someone is back in their day-to-day routine or has an increase in stress.  If it is suspected that you, or someone you know, has suffered a concussion, it is important to look for warning signs and seek medical attention. Common concussion symptoms usually fall into four categories:

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Water is a fundamental resource required for human survival. For federal, state and local governments, ensuring that this resource is available and safe Drinking Water Faucetfor consumption is important for the well-being of their residents. In order to provide protection against contaminated drinking water, there are laws in place that set minimum safety standards and response measures to minimize the risk of water contamination and the number of people affected. However, even with laws in place, contamination does occur and it is important to understand the laws, risks, response options and liability when things go wrong.

Safe Drinking Water Act: Laws to Prevent Contaminated Drinking Water

The Safe Drinking Water Act, which was passed in 1974 and updated in 1996, is the main federal law that is designed to ensure the quality and safety of drinking water for the United States. The Safe Drinking Water Act authorizes The Environmental Protection Agency (EPA) to set national standards for drinking water to protect people against health issues that arise from exposure to harmful water contaminants, such as lead and salmonella. EPA works with states, local governments and water suppliers, who carry out these standards, to help ensure compliance.  The Safe Drinking Water Act standards apply to public water systems, which include over 150,000 systems across the U.S., that serve more than 300 million people.

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Generally speaking, if you are injured while working a construction job, you are entitled to workers’ compensation benefits, including payment of medical expenses and some compensation for lost income. Workers’ compensation construction-9-1230280 (1)benefits typically prohibit a construction worker from suing their employer; however, a workers’ compensation claim only requires the employee to show an injury occurred while on the job. There are certain circumstances, though, where other parties may be liable for construction injuries, which may result in the ability to file a third-party lawsuit in conjunction with a workers’ compensation claim. Some of the most common accidents on a project site are caused by falling from heights (scaffolding, rooftops, ladders) and being struck by a falling load or object.

Construction Injury Liability: Who is Responsible?

Liability in a third-party construction injury lawsuit may include the construction site owner, the general contractor, a sub-contractor, the manufacturer of faulty equipment and any other third-party that contributed to the injury due to negligence or gross misconduct. An important factor in construction injury liability for site owners and contractors is the degree of control that they have in a particular environment. The degree of control the construction site owner and contractors have over the premises and the work being conducted help determine if, and to what extent, they may be responsible for an injury that occurs on a construction site and under their supervision.

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Every day in the United States, there are approximately 1,000 victims that require emergency care treatment for injuries received from a dog bite or dog attack. Data compiled from government agencies, insurance companies and NGOs provide the following results:

General Dog Bite & Dog Attack Data

  • There are approximately 78 million dogs in the United States;HurtByDog
  • The CDC states that approximately 4.5 million dog bites occur each year;
  • Biting dogs are 6.2 times more likely to be male, 2.6 times more likely to not be neutered and 2.8 times more likely to be chained;
  • Pit bull and Rottweiler breeds accounted for 74% of all fatal dog bites and attacks over a 10-year period;
  • According to the CDC, children and men are the most at risk to suffer a dog bite; and
  • Dog bites are one of the most common causes of injury for walking postal workers.

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PoliceBrutalityIf someone wants to sue the police for brutality or the excessive use of force, that person has to file a civil lawsuit. We’re going to take a closer look at what that lawsuit process typically looks like.

Police Conduct and Immunity

If you are considering suing the police for brutality or misconduct, you need to understand the idea of qualified immunity. Generally speaking, police officers cannot be sued for the actions they take while on the job as long as they perform their duties within reasonable bounds. If this happens, you cannot successfully file a lawsuit against the police or the organization that employed them. This immunity is designed to allow police to do their jobs without the constant worry of being sued for anything and everything they do.

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StateDifferencesWhen it comes to personal injury cases, the statute of limitations is a vital issue to understand. A lot of people know that statutes of limitations are laws that impose specific timelines in various types of legal cases, but not everyone knows that there can be some significant differences between states when it comes to these laws. Today, let’s take a look at what types of statutes of limitations differences exist between states.

Types of Statutes of Limitations

Before we look at state differences in statutes of limitations, it’s important to understand that there are many different types of statutes of limitations that each state has, even though they all work in basically the same way.

Essentially, every statute of limitations is like a ticking clock. That clock begins once events take place that could lead to a lawsuit. These events are known as a cause of action. As soon as the cause of action transpires, the statutes of limitations clock begins ticking away. Once that clock reaches zero, you cannot file a lawsuit arising from that particular cause of action.

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