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Huntington Legal Issues Blog

Do you have a design defect product liability case?

A product liability claim is appropriate when someone suffers an injury from a product, but it can be difficult to know why the injuries occurred. There are three different types of product liability cases: a defective manufacture, failure to provide adequate warnings and design defect. Here is a look at what constitutes a design defect product liability claim. 

As the name implies, in this type of a product liability case, there is a flaw in the design of the product. Examples of a design defect include: 

  • Toys which contain choking hazards
  • Structural problems that cause something such as a table to be unstable
  • Sunblock that does not protect the person from the sun
  • A product which is prone to melting or unduly flammable 

Drunken ATV driver accused in fatal West Virginia highway crash

It's just an hour's drive southeast of Huntington to Lincoln County, West Virginia. That is where a 48-year-old man was recently simultaneously released from a hospital and taken into custody by law enforcement officials.

He has been charged with causing a motor vehicle accident while driving drunk; a crash that took the life of a 34-year-old woman who was riding with him on an ATV. He also faces a number of other criminal charges, including failure to render aid.

Top ten causes of medical malpractice

It was not so long ago that talk show host David Letterman devoted a couple of minutes each night to a Top Ten list in which a politician, celebrity or a bad idea got lampooned. A recent list of the Top Ten causes of medical malpractice lawsuits is entirely serious, however.

Whenever a West Virginia resident is harmed by doctor, nurse or hospital negligence, it is far from a laughing matter. For victims of medical malpractice and their families, the damage can be painful and long-lasting. In some cases, it even means death.

Should you pursue a negligence claim for a hospital fall?

During their hospital stay, as many as 20 percent of all patients in our country fall at least once, according to data collected by the American Academy of Orthopaedic Surgeons. In fact, more data from the collaborative health care organization Premier Inc. indicates that hospital falls comprise the largest category of reported incidents.

Falls caused by hospital negligence can a form of medical malpractice. If you were the victim of such a fall, have you considered contacting an attorney experienced with cases of this sort?

Misdiagnosis verdict upheld

One of the reasons West Virginia doctors give their patients for annual check-ups is that yearly physicals help physicians spot illnesses and conditions and begin early treatment. Of course, the positive benefits of early treatment are dependent on an accurate diagnosis.

We read recently of a case in which a jury decided that a neuropathologist failed to make a proper diagnosis of a man's cancer. Because of the misdiagnosis of the man's brain tumor as benign, the man did not receive proper treatment.

Woman to receive $3.5 million after surgical error

She was just 30 years old when she went to a hospital for the delivery of her fourth child. Rather than being cause for celebration, the hospital stay was devastating for the woman.

An error during surgery resulted in the severing of a major artery, which caused the young woman to have a stroke. She has permanently lost some cognitive function as a result of the surgical error.

Little boy, parents prevail in medical malpractice case

There is no price that can be put on the damage done to a little boy at his birth a little more than 3 years ago. Deprived of oxygen, he suffered irreversible brain damage, experts say, and his life expectancy has been shortened to just another 9 to 12 years, the federal judge in the medical malpractice case said.

That judge recently ruled a doctor’s negligence resulted in that permanent harm to the boy. The judge ordered the doctor’s employer – in this case, the federal government – to pay the family $33.8 million.

Teens, millennials and risky driving behavior

The American Automobile Association recently released a survey about unsafe driving habits. A total of 2,511 drivers aged 16 and up participated, and the results indicated that young millennials were engaged in the riskiest driving behavior among all the age groups represented.

Distracted driving is high on the list of causes behind traffic fatalities, but young people take other risks that can be just as costly. 

How do property owners defend against slip-and-fall claims?

Slipping, tripping and falling can be upsetting, especially when it happens in the middle of a store or other public place. In many cases, the only damage done is a bruised ego or the pang of embarrassment. However, in other cases, these accidents can result in painful, serious injuries that require medical treatment.

If you are involved in the latter of these situations, you may want to consider your options for filing a legal claim to recover damages. Compensation can help you cover your medical bills, lost wages and other expenses resulting from your injuries. Be aware, though, that the party named in a lawsuit will often defend themselves in an effort to avoid liability.

West Virginia Public Radio looks at safety, self-driving cars, insurance

The image of the self-driving SUV lying on its side went viral last week. The Uber vehicle had been in a in a collision with a car that was trying to make a left turn in an intersection. The impact had knocked the Volvo onto its side, creating a cringe-worthy image for the PR-conscious ride-share company struggling to get its autonomous fleet of SUVs approved.

As you undoubtedly know, self-driving vehicles are touted as the future of transportation. Advocates say the computer-piloted vehicles will dramatically cut down on car accidents that cause injuries and fatalities. Many skeptics wonder if the technology isn't be pushed too far too fast.

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