The problem is that the slides have a tendency to deflate while being used. This proves to be a serious problem when Louisiana residents slide down it, as they can strike their heads on the ground or the lip of a pool. Many people have suffered serious neck injuries and at least one person has died, in part because the surfaces their necks and heads hit were hard. The product also sometimes simply falls over and the instructions and warnings do not adequately advise consumers of these problems.
]]> The product may seem somewhat innocuous, as it just a child's inflatable slide and would have been purchased at a reputable store. But purchasers are urged not to use the slide and return it. Both Toys R Us and Wal-Mart sold the item and it is likely that many of these slides have been purchased in Louisiana. Both companies have agreed to work with the U.S. Consumer Product Safety Commission in encouraging consumers to return the product because of the known safety hazards.In addition to the woman who died from striking her head on the concrete edge of a pool when the device deflated, at least two other people suffered serious injuries. In one case, a woman fractured her neck while attempting to use the slide. In the other, a 24-year-old man became quadriplegic after his neck also broke.
Swimming season is just getting started in Louisiana and the thought that children and adults may be injured or killed by this product is horrifying. Whenever a consumer is hurt by a product with a design defect, the manufacturer may be held responsible for putting a dangerous product on the market.
Source: CNN, "Reported death, severe neck injuries prompt recall of pool slide," Todd Sperry, May 10, 2012
]]>While this is exactly what happened to a Louisiana woman, she recently asked the judge that sentenced the man who caused her son's fatal accident for leniency. It is a rare thing to be able to forgive the person who killed your child and many Louisiana parents would more likely file a wrongful death lawsuit against the driver, regardless of whether he had been the child's friend.
]]> Wrongful death lawsuits are about more than just covering the costs of burying a family member. They help a family to come to terms with its loss and find a sense of justice for the untimely death. A fatal accident also has more of a financial cost than just the burial and funeral. Suing for a wrongful death can also help cover that family member's lost wages and attempt to compensate for his or her loss of companionship.In this story, the 32-year-old man had been driving with the 30-year-old victim and another passenger after having taken Lidocaine, Diazepam, Methadone and using marijuana. The Louisiana State Police have said that the driver lost control of his vehicle when he drove off the right side of the street. He tried to turn back onto the road but overcorrected, sending his car into oncoming traffic. While he was not hit by an approaching vehicle, he overcorrected again before his car finally went back off the road and into a tree.
Source: The Times-Picayune, "Mississippi man to serve three years for car crash that killed friend," Claire Galofaro, May 4, 2012
]]>The accident happened on March 21 when the Jefferson Parish man was trying to tie off two barges and a crane. He had propped the stepladder that he was using against the side of one of the empty barges, but the ladder gave out while he was on it. The seaman landed on the deck of the crane barge and he says he injured his lower back when he fell on a piece of steel on the deck.
]]> According to court filings, the seaman has alleged that American Tugs Inc. and Molly Lee Towing Inc. were negligent for failing to provide a safe work environment. In fact, the injured maritime worker claims that his employer forced him to work in unsafe conditions, which calls into question whether they knew of the ladder's instability or that using a ladder in that manner would lead to an accident.The seaman has also said that the two companies did not properly train or supervise him or other employees, which constituted negligence on their part.
As we have previously covered, there is no excuse for maritime workplace accidents. Seamen, like any other Louisiana employees, should be able to work without fear that they will become injured on the job. Employers have a duty to create safe workplaces for their workers and when they fail to do so, they can be held accountable under maritime workplace safety laws, such as the Jones Act and the Longshore and Harbor Workers' Compensation Act.
Source: The Louisiana Record, "Seaman sues after falling off of unstable ladder," Michelle Keahey, May 8, 2012
]]>Approximately 2 million accidents are caused each year because drivers are not using their turn signals or leaving them on when they don't need them. This is over two times the number of accidents caused by distracted driving, but police have been much less strict in enforcing turn signal policies.
]]> Unlike texting while driving or other forms of distracted driving, there is a relatively uniform requirement that drivers use their turn signals. Whether it is changing lanes or making a turn, letting other motorists know where a driver plans to go is not a courtesy but an obligation. When drivers fail to do so and cause an accident, they can be sued for the damage that results.In an effort to combat the number of car accidents that stem from turn signal abuse, an alternative turn signal has been talked about. The "Smart Turn Signal" would automatically turn off after a vehicle has changed lanes or if the signal is left on for too long. The signal could also notify drivers who consistently don't use their turn signals when making a lane change or turning a corner, reminding them that they can and should use their turn signals.
Source: MSNBC.com, "Turn signal neglect a real danger, study shows," Paul A. Eisenstein, May 1, 2012
]]>A Walker, Louisiana, crash has investigators trying to figure out who was behind the wheel of a vehicle that rolled and left one dead and four injured. Police say that both the driver and the passengers were intoxicated at the time of the accident, but the driver could still be held responsible for killing or injuring his or her passengers.
]]> The 2005 Chevrolet Cavalier was traveling along Walker South Road near the intersection with Drakeford McMorris Road when the driver failed to negotiate a curve. The driver lost control of the vehicle and it left the road. The car was then launched into the air when it hit a culvert, rolling several times before finally landing on its roof.One of the occupants was killed at the scene of the accident and the others were taken to local hospitals. At least one of the people in the car was critically injured and the others had a variety of injuries, but it is unknown how severe they are.
Once the Louisiana State Police figure out who was driving, the injured passengers may file a motor vehicle accident claim against the driver.
Source: CBS 9 WAFB, "Single-vehicle crash leaves 1 dead, 4 injured," Joshua Auzenne, May 2, 2012
]]>That is what happened to one family on April 29. A 45-year-old woman was struck by a car around 1 a.m. The woman had been lying in the street, but the reason is not clear from news reports. Police believe she may have been drinking but are not sure if she was intoxicated at the time of the accident. The driver of the car that hit her sped off, but police caught and arrested the driver. He may face a DUI charge on top of hit and run and other charges.
]]> The woman was taken to the hospital, where she was pronounced dead. Four hours later, her son was rushing to the hospital to see her. A deputy chief from the region said he did not know if the son believed his mother may have still been alive.The son, 22, rode in a car driven by a friend. On the way to the hospital the car lost control and struck three parked cars before overturning around 5:30 a.m. The son died of his injuries. The status of the driver was not available.
The deputy said he sympathized with the driver's desire to get his friend to the hospital as fast as possible, but that speeding is always a potential hazard.
Source: MSNBC, "Mom, son killed in car accidents hours apart in Wisconsin," May 1, 2012
]]>Because these federal maritime laws are complex, it is advisable that anyone injured in a workplace injury contact a maritime law attorney to investigate what legal options are available.
]]> In this story, a seaman from St. Mary Parish, Louisiana, was working on his employer's boat when he says he slipped and fell in hydraulic fluid and water that had collected on the deck. The many had been trying to move cables across the boat's deck when he stepped into a puddle of fluid on the left side of the vessel.The seaman fell backwards and injured his back. What makes matters worse, the deckhand couldn't get the care he needed to recover under his medical plan. The employer apparently didn't have a comprehensive enough benefits plan to cover what must have been considerable medical bills.
The man has filed a maritime workplace injury lawsuit in federal court, alleging that his employer was negligent in allowing the hydraulic fluid to collect on the deck. It is unclear how much he is asking for in damages.
Like other workers who are injured at sea, it is important that the deckhand get competent and experienced legal help in his lawsuit.
Source: The Louisiana Record, "Seaman sues employer for not providing adequate benefits to treat injury," Michelle Keahey, April 24, 2012
]]>After a recent fatal accident near Holden, Louisiana, a 54-year-old Hammond man's family may pursue a wrongful death lawsuit against the 32-year-man who is accused of driving the vehicle that rear-ended the 54-year-old driver's car. The accident happened on Louisiana 441 when the supposedly drunk 32-year-old hit the man's car with his pickup truck.
]]> The car was knocked off the road and turned around before it came to a stop against a tree. The force of the impact was enough to kill the 54-year-old driver and injure his 32-year-old passenger. She was taken to the hospital and is expected to survive.Police later stopped the pickup driver further along the highway. The driver had continued driving after causing the fatal accident. Police used a breath test and the man's blood-alcohol content was reportedly twice the legal limit.
This accident took the Hammond man from his family and they can get help from a wrongful death lawyer to hold the supposed drunk driver responsible for his actions. Wrongful death lawsuits are not just to cover the funeral and burial costs of a loved one, but also to help families deal with the emotional impact of losing someone.
Source: The Advocate, "Hammond man killed in crash," April 24, 2012
]]>The fork is the portion of the bike's frame which connects to and holds the front tire. A weakness in this part may have triggered an unexpected stop, causing the accident. The cyclist was found at approximately 5:30 p.m. on the street, near his Cervelo Soloist bicycle, by a police officer on his way to work. It was too late to do anything about the cyclist's fatal injuries.
]]> Cervelo is an extremely popular bicycle and it is likely that the brand has made its way into Louisiana. If the cause of the accident was indeed a defect in the design and construction of the bike, cyclists in Lake Charles and around Louisiana could be at risk of serious injury or death from future accidents.Police are continuing their investigation into the accident, but their initial finding is that a mechanical failure that included a detachment of the fork from the rest of the bicycle caused the accident and death. No collision with any other vehicle occurred. At the time of his death, the bicycle rider was wearing a protective helmet, but still suffered head trauma from the force of his fall.
Regardless of what kind of bicycle it is, anyone in Louisiana who is seriously injured by a defective product can receive compensation from the bicycle manufacturer. For those family members who have lost loved ones to these kinds of accidents, a product liability lawyer can explain what options are available.
Source: Taunton Daily Gazette, "Cops: Bike defect likely caused fatal Rehoboth crash," Marc Larocque, April 11, 2012
]]>Sadly, this scenario happens all too often on Tax Day. A new study indicates that this day is actually much more deadly than any other day in April for Louisiana drivers and motorists across the country. The Huffington Post reports that the study has looked at data over the past 30 years and found that there have been 13 more deaths on average on Tax Day than any other day in April.
]]> Anyone who is injured in a Tax Day collision can work with a Louisiana lawyer to file a motor vehicle accident lawsuit against the driver who was focusing more on his or her taxes than on the road. Motorists should not be driving carelessly or negligently and doing so opens them up to liability when they cause accidents.Over that past 30 years there have been 6,783 traffic fatalities on Tax Day. This comes to an average of 226 deaths each year. One reason for the increase in fatal motor vehicle accidents is that many drivers are on new or relatively unfamiliar routes as they attempt to get their tax returns mailed in and filed.
Again, Louisiana drivers should not have to fear that a certain day of the month is more likely to end in a fatal accident than any other, but if it does, there are attorneys who can help a car accident victim seek compensation from the driver at fault.
Source: The Huffington Post, "Deadly Car Crashes Spike By 6 Percent On Tax Day: Study," Lindsey Tanner, April 10, 2012
]]>Maritime workplace injuries can be extremely serious and often difficult for most people to understand because they don't follow the same kind of personal injury or workers' compensation rules. That is why it is essential that anyone who is injured while working on a ship or a boat seek out an experienced maritime law and Jones Act attorney to help with a Louisiana case.
]]> After a deckhand was injured when he says that his co-worker failed to help pull a wire line, he filed a claim for a maritime workplace injury with the federal court in New Orleans. He has asked for damages for his loss of earning capacity, mental and physical pain and suffering, medical bills, physical impairment and disfigurement, and court costs and attorney's fees, among other damages.According to the lawsuit, the deckhand deserves compensation for his maritime accident because his workplace was unsafe and because the wire that he had been directed to pull taut in order to tighten the barges was rusty and kinked. The victim says that he and a crewmember had been instructed to pull the line but that the crewmember refused, causing the deckhand to injure his back. It is not clear why the crewmember failed to help the deckhand as he had been ordered to do by the captain.
Regardless of if a Lake Charles resident is injured while on the job at a store or on a boat, he or she can hold his or her employer responsible for the numerous financial burdens that develop from a workplace injury.
Source: The Louisiana Record, "Deckhand sues after co-worker's lack of action causes back injury," Michelle Keahey, March 22, 2012
]]>Unfortunately, there are some people who will never hear of a recall or threat of a dangerous product. There are also always those people who are initially injured in an accident before a car manufacturer finally looks to see if there are any defects in the model. These Louisianans who are hurt by their vehicles either before or after a recall can often file a products liability lawsuit against the manufacturer.
]]> The National Highway Traffic Safety Administration has announced that it will be looking into the 14 complaints about 2005 and 2006 Ford Tauruses. While there have yet to be any crashes, there have been at least two drivers that have run red lights and ended up in an intersection before they were able to turn off their vehicles. It was extremely lucky that these two drivers were able to walk away from their cars without injury, but it is only a matter of time until someone is seriously hurt or killed while driving a car with a sticky throttle.Federal regulators believe that the cruise control cable becomes easily detached which makes the throttle stay open and the car accelerate. It also means that many drivers are unable to brake properly and are forced to put their vehicles in neutral or in park to stop them. There are even some drivers who have been forced to completely shut off the engine by removing the keys to stop the car from revving.
There may be approximately 360,000 defective motor vehicles on the road, says USA Today.
Source: USA Today, "Ford Taurus probed by feds for sticky throttles," Chris Woodyard, March 12, 2012
]]>This is exactly what two Louisiana seamen did after they say they were injured when another boat crashed into the side of theirs. The two men were working on their employer's ship in early March, waiting for the fog to clear before they could untie from the dock and head out. As the two men sat on the immobile ship, another vessel from the same fleet and the same employer crashed into theirs.
]]> Both men were injured in the accident and have filed a maritime workplace injury lawsuit against their employer. The men have asked a federal court for damages to cover their medical expenses; lost wages; physical pain and suffering; and mental pain, suffering and anguish. The two men also hope to have their court costs; attorney fees; and damages for loss of earning capacity and fringe benefits and disfigurement and disability covered.The seamen allege that their employer had not provided adequate supervision of the other vessel and that the seamen on the other boat were not properly trained, leading to this accident. It appears that if the men and women had had sufficient guidance and instruction, they may not have taken the boat out and attempted to operate it in such dangerous weather.
Source: The Louisiana Record, "Seamen sue after collision during dense fog," Michelle Keahey, March 22, 2012
]]>Initial police reports say the motorcycle accident began after two vehicles traveling eastbound on Louisiana Highway 379 passed a semitrailer truck that had stopped at a railroad crossing. Louisiana law requires that all tractor-trailer trucks stop at railroad crossings, even if there are no indications that a train is coming. The second vehicle, the Chrysler 300, ended up colliding with the westbound motorcycle in a head-on collision.
]]> Investigators are still trying to figure out exactly what happened.The motorcyclist was pronounced dead at the scene of the accident. The driver of the motorcycle had been wearing a helmet, meaning that the force of the impact was quite severe. It is unclear how fast the driver was traveling at the time of the accident or why he or she did not stop to look for oncoming traffic before trying to pass the truck.
The suspect could be facing criminal charges, but so far he has only been issued a ticket for improper passing. The driver has, however, submitted blood samples for testing.
Police officers in the area say this was the second fatal motorcycle accident since the beginning of the year.
This crash is an absolute tragedy, especially because it would have been so easy to prevent it. Had the driver taken a few moments to wait behind the semitrailer truck before driving forward, this accident would never have happened.
Source: KPLC 7, "Westlake man dies in motorcycle crash," Kristian Claus, March 25, 2012
]]>After a 24-year-old's ride in Jackson Parish went awry, he may need to file a personal injury lawsuit against the estate of the friend who was driving when they crashed. The 32-year-old driver, from Jonesboro, Louisiana, had been driving his 1999 Ford F-150 along Interstate 167 South near Jackson Parish when Louisiana State Police say that he drove off the road. Members of Troop F believe the driver was impaired at the time of the accident.
]]> As the pickup truck veered off the road, it started to turn around before it crashed into part of a nearby bridge rail. Since the truck had started to rotate clockwise, it appears that it was the driver's side that made contact with the rail. The force of the impact was enough to send the truck into the air, where it rolled before landing on the road.Tragically, the passenger was seriously injured after he was ejected from the spinning vehicle. His injuries were so severe that medical responders had to airlift him to Louisiana State University Health Sciences Center in Shreveport. He was initially admitted with injuries that could potentially be fatal and it is unknown if he is expected to survive.
Source: The Monroe News Star, "Lincoln Parish crash leaves one dead," March 26, 2012
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