High Court serves Injunction via Twitter

In a legal first, the UK High Court has given permission for an injunction to be served via social-networking site Twitter.

The order is to be served against an unknown Twitter user who anonymously posts to the site using the same name as a right-wing political blogger.

The order demands the anonymous Twitter user reveal their identity and stop posing as Donal Blaney, who blogs at a site called Blaney's Blarney.

The order says the Twitter user is breaching the copyright of Mr Blaney.
He told BBC News that the content being posted to Twitter in his name was "mildly objectionable".

Mr Blaney turned to Twitter to serve the injunction rather than go through the potentially lengthy process of contacting Twitter headquarters in California and asking it to deal with the matter.

UK law states that an injunction does not have to be served in person and can be delivered by several different means including fax or e-mail.

Danvers Baillieu, a solicitor specialising in technology, said it was possible for anyone to approach the court about any method of serving an injunction if the traditional methods are unavailable.

"The rules already allow for electronic service of some documents, so that they can be sent by e-mail, and it should also be possible to use social networks," he said. Mr Blaney decided to use Twitter after a recent case in Australia where Facebook was used to serve a court order.

The blogger, who is also a lawyer and owns the firm serving the order, said that he thought that it was the first time Twitter had been used to deliver a court order. The injunction - known as the Blaney's Blarney Order - is due to be served at 1930 BST and will include a link to the text of the full court order.

Source: BBC.co.uk

High Court serves Injunction via Twitter

Top 5 Product recalls

Over the years there have been many product recalls that reached across international boundaries to affect thousands of people worldwide.

People often ask, what is a product recall? A product recall is a request to return to the maker a batch or an entire production run of a product, usually due to the discovery of safety issues. The recall is an effort to limit liability for corporate negligence (which can cause costly legal penalties) and to improve or avoid damage to publicity. Recalls are costly to a company because they often entail replacing the recalled product or paying for damages caused in use, albeit possibly less costly than indirect cost following damages to brand name and reduced trust in the manufacturer.

Here are some of the most famous product recalls in history. Should you be harmed in the United Kingdom by defective products of any type, make sure to get solid legal advice by a trusted personal injury firm like InjuryLawyers4u. Their law firm is one of many that are specially trained to handle the specific details involved with product recall litigation.

Tylenol

Arguably the biggest and most publicized product recall in business history involved Tylenol, when their over the counter pain relief pills killed seven people in 1982. The deaths came as a result of the pills being laced with potassium cyanide and led Johnson & Johnson to issue a nationwide recall of some 31 million bottles of Tylenol - with a retail value of about $100 million. When the FBI investigated the incident, it was found that the poisoned bottles came from different factories, but the deaths all occurred in and around Chicago, suggesting that the tampering took place at the store level. The perpetrator was never charged, but a man named James W. Lewis was caught trying to extort money out of Johnson & Johnson to “stop the cyanide-induced murders”. Lewis served 13 years in prison on the extortion charges, but was released in 1995 on parole and now lives freely in Massachusetts.

Firestone Tires

While Johnson & Johnson can be excused from personal blame, Firestone and Ford bear total responsibility for the carnage and destruction that led to a massive recall of Firestone tires in 2000. Upon being informed that several models of 15″ Firestone tires on Ford Explorers and Mercury Mountaineers had extremely high failure rates, Ford engineers evidently recommended several safety changes and improvements that were not implemented by either company. All of the alleged problems centered around tread separation, whereby the tire’s treads rapidly frayed away leading to the total disintegration of the tire - sometimes while the car was in motion. Some 200 deaths and 3,000 major injuries resulted from the catastrophic tire failures, which also preceded then Ford CEO Jacques Nasser’s resignation.

Dell Notebook Batteries (see previous post)

The press was on to something when it reported on a Dell laptop bursting into flames at a technical conference in Japan in June, 2006. What must have seemed at the time like a freak occurrence turned out to be a systemic flaw with over four million Dell notebook batteries produced by Sony. The lithium ion batteries were prone to excessive overheating, posing a fire hazard that at least six people reported before Sony mandated a worldwide recall of the defective batteries, which were used in Dell’s Latitude, Inspiron, Precision and XPS models. To its credit, Dell exchanged the hazardous batteries with new ones, often supplying consumers with brand new machines in its place.

Worcestershire Sauce

Many of us enjoy adding a little spice to our meals, but our fellow UK residents took a lot of risk in doing so between 2005-2007. A lengthy investigation found that a Worcestershire sauce manufactured Premier Foods had been contaminated with a carcinogenic dye known as Sudan 1. The contamination was linked back to adulterated chili powder, and the resulting products were used in everything from pizzas to ready-made meals sold on supermarket shelves. Fear of the contamination and its risks prompted the removal of over 400 suspected products from shelves. Remarking on the financial loss to manufacturers and retailers, FoodNavigator.com contends that “the figure is certain to run into double digit millions.” Interestingly, the Sundanese government has demanded that the deadly dye have its name changed, presumably to deflect attention away from where it is produced.

Peanut Butter

One of the most far-reaching food recalls in history came in 2009, when Peanut Corporation of America recalled bulk peanut butter products for fear of Salmonella contamination. In total, the Food & Drug Administration eventually recalled at least 3913 different products from roughly 361 different companies companies, including such popular snacks as Little Debbie crackers. According to MSNBC, at least six deaths were blamed on the outbreak, along with some 470 people who became ill in 43 different states and internationally. Cries for food safety reform were heard far and wide following the recall, and it remains to be seen whether any changes occur.

Top 5 Product recalls

Laptop burns and the law

Over the years, as computers have become more common, there have been a number of recalls of monitors or consoles due to problems with overheating. Dell in particular has had a problem with monitors overheating and burning down houses or at least causing fires. Laptops, as they have become more common, also pose a risk of overheating.

The problem with laptops is that they are meant to be used on firm, hard surfaces. When they are placed on the lap like their name implies they should be, they can potentially overheat. A recent test showed that a laptop could heat up to 100 degrees when in use. That shows a significant risk of burning a user should that user put the laptop on his or her lap.

As a result of this risk, laptops are more frequently known as notebook personal computers. There have been numerous cases reported over the years where an individual has used his or her computer on his or her lap and ended up with burns on the legs and other areas. In some cases, the laptop managed to burn the user through pants and undergarments.

With the creation of special processors for notebooks, the heat a computer gives off has been diminished. This does not prevent some computers from malfunctioning. Also, older computers do not necessarily have these cooler-running features.

Compensation can be awarded under product defect law. If you have been injured from an overheating laptop, contact a trusted solicitor in your area such as InjuryLawyers4u

Laptop burns and the law

Motorcycle accidents and the law

The majority of serious motorcycle injuries are caused by drivers failing to see the cyclist. Even though motorcycles account for only 1% of all UK road traffic, they account for 19% of the most serious accidents. Not all these accidents are the fault of other road users. However, many of them are – caused by drivers failing to see motorcyclists who are riding in a responsible manner. Other causes can include dangerous road conditions caused by negligent councils, for example, large potholes as well as unforeseen obstacles.

Due to the vulnerability of motorcyclists, motorcycle injuries are often very severe. In cases of non-negligence, it is essential the cyclist receives full compensation, and there are motorcycle lawyers who specialise in this area on a no win no fee basis.

Most insurance companies fighting compensation claims by motorcycle lawyers will try to claim the cyclist contributed to the accident in some way. Thus, it’s essential that cases are handled by lawyers well versed in this type of claim. Normally, before motorcycle lawyers take on a case on a “no win no fee basis”, they will expect to see witness and police reports of both the incident itself and the events leading up to it, in order to ensure the claim has a chance of success.

Claims cover personal injuries and loss of earnings, as well as damage to the motorcycle, clothing and helmet. By choosing “no win no fee” motorcycle lawyers, cyclists ensure that, in the event of a claim being unsuccessful, they will have nothing to pay in legal fees whatsoever.

Motorcycle accidents and the law

Pursuing Compensation Against Uninsured Drivers

People often feel there is little point in pursuing claims for injury compensation from uninsured drivers. However, there are specialised injury lawyers who specialise in uninsured driver accidents, and who will pursue the claim on a “no win no fee” basis. Uninsured driver accidents are very different to normal motoring claims, so it’s essential the lawyers are familiar with Motor Insurers Bureau (MIB) procedures.

It has been estimated there are over 1 million uninsured drivers in the UK today.

Many of them are driving totally illegally, with no driving documents at all. They are the reason people who do drive legally have such high insurance premiums – all motor insurance companies have to pay premiums to a special MIB fund. This money is used to compensate the victims of uninsured drivers, and also pay the victim’s legal fees if the guilty party (provided they are present) is unable to.

“No win no fee” agreements are common in injury compensation claims. This means that, if the claim is unsuccessful, the client will not have to pay any legal costs. Things get complicated, however, if the accident is a “hit and run” case. Under the MIB Untraced Drivers Agreement, injury lawyers can still claim personal injury compensation. However, in these cases the MIB will not cover full legal costs.
Again, injury lawyers use “no win no fee” agreements to get round this. If the claim is unsuccessful, the client pays nothing. If they are awarded injury compensation, the legal costs are taken from this.

For more on 'no win no fee' compensation, contact InjuryLawyers4u.co.uk

Pursuing Compensation Against Uninsured Drivers

The problem with whiplash

Whiplash is the debilitating and painful neck injury caused by rear end car collisions. As most whiplash injuries happen when the victim’s car is stationary, it is quite likely they can make a claim for whiplash compensation.

Whiplash injuries vary a great deal, and occur when the body is suddenly thrust forwards and upwards out of the seat. Symptoms may develop straight away, or up to a day later. The process of whiplash compensation is very complex, which is why there are specialised whiplash lawyers in this area.

Whiplash compensation is normally sought under the Judicial Studies Board “Assessment of General Damages in Personal Injury Cases” Guidelines, and whiplash lawyers should ensure the case operates under a “No Win No Fee” basis. This is because whiplash compensation claims are often overturned due to lack of evidence.

The problem with whiplash accidents is that they happen very quickly – often, with no witnesses. Adrenaline can often mask symptoms, meaning victims don’t bother calling an ambulance or the police – even though they should. This means whiplash lawyers often have to place a case where there is little independent evidence, and where the accused party will insist the other driver was in the wrong. This is rarely the case.

Whiplash lawyers can use medical evidence, as well as insurers’ reports, to prove a case of negligence against the third party. If they are successful, they can claim full whiplash compensation from the insurers of the accused driver. This can include medical expenses, loss of income and payment for suffering and pain.

The problem with whiplash

United States – Land of Personal Injury Claims

The US has always been known for its somewhat bizarre and over-the-top lawsuits. In recent years a number of truly wacky personal injury claims have been launched (some of them even ending successfully).

For every famous injury claim that makes the headlines, there are hundreds that do not. Remember the monstrously overweight boy who sued a well-known fast food restaurant because apparently they didn't warn him that eating excessive amounts of burgers would damage his health?

Less well known, there was the man who put his camper van on cruise control at 70mph so he could make a cup of coffee in the kitchen area of the vehicle and then when, not surprisingly, it careered off the road he sued the manufacturers because they didn't tell him that it wouldn't steer itself around bends.

Then there was the nudist who made a personal injury lawsuit after he attempted a firewalk in the buff. Apparently he should have been told that tramping through flames in his birthday suit was likely to leave his delicate parts slightly more delicate.

Despite the bizarre nature of these accident claims, the people involved have obviously felt strongly enough about their case to warrant setting in motion a lawsuit. Some of them have even been successful! Of course, the majority of compensation claims that reach the courts, both in the UK and in the US, are nowhere near as controversial as those mentioned above. Many actually involve people who genuinely do deserve damages.

However, seemingly weird and wonderful claims do still seem to be made - and many of them, for one reason or another, occur in the United States. So many occur, in fact, that American journalists have compiled a list of the strangest cases to hit their courts during recent years. Here are a few of the best you may not have heard of:

A woman who suffered an ankle injury after slipping in dog's urine left on a kitchen floor made an accident claim against the owner of the house. But the strange part was that the man whose kitchen she was in - was one of her best friends! She insisted on taking her pal to court, claiming he should have cleaned up his dog's mess.

And won.

Another case from the US. A man from Iowa made a personal injury claim after a stay in a hotel turned somewhat nasty. The gent in question was staying at the Alton Holiday Inn when he became embroiled in a disagreement with the manager. Instead of resolving the complaint, the manager allegedly told his guest to shut up and then proceeded to gnaw a chunk out of his finger. The plaintiff subsequently took the hotel boss to court in an attempt to win $150,000 in injury compensation.

And won.

An American gentleman named Carl Cornett was happily devouring a bag of salted peanuts when he chomped on something a little hard and cold. Spitting the offending object into his hand, he was disgusted to discover it was a tooth. But it wasn't his tooth - in fact it wasn't even a human tooth. It turned out to be the fang of an unidentified animal. Not surprisingly, Mr Cornett made a personal injury claim against the peanut manufacturers, alleging that the creature's tooth had made him violently, physically and mentally ill.

And… lost (won the case, lost the compensation).

The list goes on and on.

Have YOU been injured? Need no-win-no-fee advice?

As already mentioned, the majority of cases here in the UK and over in the US are far more normal than those above and usually feature people with a genuine and deserved claim for damages. If you feel you could be entitled to personal injury compensation as the result of a non-fault accident - personal injury solicitors in the UK like InjuryLawyers4u are there to help.

Visit the InjuryLawyers4u website and make a free assessment.

United States – Land of Personal Injury Claims

Farming Accidents | Common Causes & Avenues of Compensation

There are some jobs that, due to their nature, have a higher risk of injuries than others.

Those working in the manual labour industry are more likely to suffer from work place accidents than others. However, an extraordinarily high number of fatal injuries that occur in the work place happen on farms. Farm workers account for only 1.7% of the UK workforce, but 16% of all fatal injuries happen to farm workers.

There are several reasons why these unfortunate statistics exist; farms are dangerous places where there are ample opportunities for safety mishaps and accidents. Farming equipment is mostly heavy, dangerous machinery; there are high levels of noise that can be damaging to worker’s health, and chemicals and pesticides are often used on farms, which when used incorrectly can lead to injuries. Farms are also mostly located far away from hospitals and clinics, meaning that sometimes farm workers do not get the care that they need as quickly as other workers can.

Every employer has a duty of care to their employees, and on a farm, where safety is paramount; this duty of care is incredibly important due to the dangerous working environment. Safety training is essential for all farm workers, and safety measures must be properly adhered to. It is vital that farm workers have access to all necessary safety equipment, and if an accident occurred because the correct safety equipment was not available to a farm worker, their employer would therefore be negligent and culpable for the accident. Farm owners must anticipate situations where accidents could occur, and do their best to provide the necessary equipment that will offer the highest protection possible for their workers.

If an injury occurs whilst working on a farm, the effects can be devastating for those involved. Often if you are a farm worker, this will be your only source of income, and any time spent away from your work could result in a massive loss of earnings. If an accident happened due to an employer’s negligence, the farm worker could be entitled to compensation for any injuries that they have suffered. Any injury that has occurred through a farm accident can only be claimed for within three years of the accident happening.

Sometimes when people work in a dangerous industry such as farming, where accidents are commonplace, they do not think about claiming compensation because they believe that injuries are to be expected in their workplace. However, it is important that farm workers are aware that they have the right, just like any other worker, to be compensated for an accident that was the fault of their employer, and not themselves.

If you have been injured in a farming accident, contact an injury solicitor to determine if you have a case for compensation.

Farming Accidents | Common Causes & Avenues of Compensation

Military Lawsuits

In the US, legislation has been introduced that would overturn a 1950 Supreme Court decision which bars military malpractice lawsuits by active duty service members, allowing them to sue the federal government for damages caused by negligent medical care.

The bill, originally drafted by Rep. Maurice Hinchey of New York State, is currently moving through the House or Representatives and would allow active duty military personnel to pursue medical malpractice lawsuits against the government for negligence resulting in injury or death.

The bill seeks to reverse a 1950 U.S. Supreme Court decision in Feres v. United States, where the high court ruled that the United States is not liable under the Federal Tort Claims Act for injuries to active duty armed forces personnel sustained as the result of negligence. It prevents families from filing wrongful death lawsuits when military personnel are killed as well.

The Feres Doctrine, as it has come to be known, came as a result of a lawsuit that charged the government with negligence after a soldier died in a fire while assigned to a barracks known to have a defective heating plant. The decision has been used as a basis to bar all negligence claims against the government by active military, including medical malpractice lawsuits.

Hinchey said the bill would only apply to military personnel who were injured by medical negligence, and would prohibit claims of negligence that occurred during “combatant activities” during time of armed conflict.

Critics of the bill, both in the US and here in the UK, say that excluding combat personnel is unfair, and that the courts should first explore solutions that would permit the military to compensate personnel for negligence through existing channels, without opening up the government to malpractice lawsuits by active military.

Military Lawsuits

Head Injuries: What to Watch for Afterward

A serious head injury is most likely to happen to someone who is in a car wreck and isn’t wearing a seat belt. Other major causes of head injuries include bicycle or motorcycle wrecks, falls from windows (especially among children who live in the city) and galls around the house (especially among toddlers and the elderly).

Are head injuries serious?

They can be. Bleeding, tearing of tissues and brain swelling can occur when the brain moves inside the skull at the time of an impact. But most people recover from head injuries and have no lasting effects.




Types of head injuries

- A concussion is a jarring injury to the brain. A person who has a concussion usually, but not always, passes out for a short length of time. The person may feel dazed and may lose vision or balance for a while after the injury.

- A brain contusion is a bruise of the brain. This means there is some bleeding in the brain, causing swelling.

- A skull fracture is when the skull cracks. Sometimes the edges of broken skull bones cut into the brain and cause bleeding or other injury.

- A hematoma is bleeding in the brain that collects and clots, forming a bump. A hemahoma may not be apparent for a day or even as long as several weeks. So, it’s important to tell your doctor if someone with a head injury feels or acts oddly. Watch out for headaches, listlessness, balance problems or throwing up.

What happens after a head injury?

It’s normal to have a headache and nausea, and feel dizzy right after a head injury. Other symptoms include ringing in the ears, neck pain, and feeling anxious, upset, irritable depressed or tired.

The person who has had a head injury may also have problems concentrating, remembering things, putting thoughts together or doing more than one thing at a time.

Source: Familydoctor.org

Head Injuries: What to Watch for Afterward

Lab boost for spinal injury rehab

A team from the Centre for Brain Repair in Cambridge treated rats with the enzyme chondroitinase.

They found the treatment increased the length of time that the nervous system was responsive to rehab. The study raises the possibility of faster and more effective treatments for neurological patients. These results can only be seen as extremely encouraging for the many thousands of people left paralysed after a spinal cord injury

After damage to the nervous system, patients go through a rehab programme to try to regain some of the neurological function that they have lost. This usually helps them regain some useful function but they need to work hard for a long time in order to be successful.

Rehab works by encouraging the nervous system to make new connections between cells to replace those that have been lost through injury.

However, the ability to make new connections - known as plasticity - is very limited.

The researchers, led by Professor James Fawcett and Dr Guillermo Garcia-Alias, said: "The discovery opens up the possibility that rehabilitation for neurological conditions can be made much faster and much more effective by giving treatment such as chondroitinase to make the nervous system plastic."

Dr Mark Bacon, of the charity Spinal Research, said the joint approach - pharmacological and rehabilitative - appeared to stimulate nerve tissue and fine tune new growth.

However, he stressed that it was vital that rehab programmes were chosen carefully to maximise the therapeutic impact. He said: "These results can only be seen as extremely encouraging for the many thousands of people left paralysed after a spinal cord injury but the next step is to work out how to deliver this bacterial protein to humans in a safe and effective way."

Source: BBC | InjuryLawyers4u

Lab boost for spinal injury rehab

47,000 Elderly Falls in US Tied to Canes, Walkers

Health officials say more than 47,000 elderly Americans end up in emergency rooms each year from falls involving walkers and canes.

That's almost 3 percent of all falls among people 65 and older. Government researchers came up with the estimate by looking at six years of ER medical records. Nearly 9 out of 10 of the injuries involved canes, rather than walkers.

Officials with the Centers for Disease Control and Prevention said Monday their study shows that doctors should take more time to better fit patients with walking aids and to teach how to use them safely. The study is being published this month in the Journal of the American Geriatrics Society.

Source: Journal of the American Geriatrics Society

47,000 Elderly Falls in US Tied to Canes, Walkers

Walt Disney World monorail crash kills employee

Officials at Walt Disney World Resort were investigating what caused the first fatal accident in the 38-year history of the park's Monorail, a one-time symbol of founder Walt Disney's vision for future transportation.

Two of the monorail's trains collided in the park's Magic Kingdom section, killing one of the train's operators, emergency officials said. At least five guests were treated at the scene for minor injuries, authorities said. The other train's operator was not injured, but was emotionally shaken and taken to a hospital.

The transit system, which shuttles thousands of visitors around the sprawling resort each day, was shut down while authorities investigated.

"They are extremely rare," Griffin said of accidents at the park. "The safety of our guests and cast are a top priority above all else."

This is yet another high profile reminder that accidents do indeed happen at work. An accident at work is defined as an external, sudden, unexpected, unintended, and violent event, during the execution of work or arising out of it, which causes damage to the health of or loss of the life of the employee (the insured).

In the UK, if you are injured whilst at work and would like a no win no fee injury claim consultation, whatever the nature of your injury - common or uncommon - InjuryLawyers4U can provide you with a specialist solicitor experienced in handling your type of claim.

Source: InjuryLawyers4u.co.uk | Daily Mail Online

Walt Disney World monorail crash kills employee

UK Product Recalls Surge | Law Implications

Manufacturers remain woefully unprepared as product recalls surge, according to a report compiled by customer management expert Navigator Customer Management (NCM).

Already this year, there have been over 20 food product recalls issued in the UK - nearly double the level at the same time in 2007. But contingency facilities are often insufficient to meet the sudden spike of enquiries, claimed the report.

Given the vastly increased number of phone calls during recalls, firms find that existing care line facilities are not sufficient to cope with demand, said the study. However, the rate at which recalls are rising is outstripping the rate at which appropriate contingency centres are being set up, it claimed.

NCM MD Rob Denton said: "The upward trend has exposed an area of risk where many brands simply do not have contingency facilities in place. And no worse impression is created, nor brand damage done, than in the situation where a firm is uncontactable or unhelpful just when consumer concerns have been escalated."

UK Product Recalls Surge | Law Implications

Product recall | Weight-loss Supplement Hydroxycut recalled worldwide

The maker of the widely sold Hydroxycut weight-loss supplements is recalling 14 products after reports of liver damage and one death.



The Food and Drug Administration urged consumers to immediately stop using the recalled products, which are made by Iovate Health Sciences Inc and marketed for weight loss, boosting energy and other uses.

"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist," said Dr. Linda Katz, interim chief medical officer in the FDA's Center for Food Safety and Applied Nutrition. The agency has received 23 reports of liver problems ranging from jaundice to damage that required a liver transplant, Katz said. One person died.

The company agreed to voluntarily pull the 14 products even though the FDA has not seen reports of serious harm with all of them, Katz said. Agency officials are investigating which doses and ingredients may be harmful, she said.

Two products with different ingredients, Hydroxycut Cleanse and Hoodia, were not included in the recall. The recalled products contain a variety of ingredients including herbal extracts. They are sold as dietary supplements, which do not require the evidence of safety and effectiveness needed for medicines before they can be sold.

Critics say supplements need more oversight.

A 2007 law required manufacturers to turn over reports of problems with consumers, helping the FDA better monitor potential side effects, agency officials said.

"These reports are vital in helping FDA identify unsafe dietary supplements," said Vasilios Frankos, head of the FDA's Division of Dietary Supplement Programs. People who took the recalled products should consult a doctor if they have symptoms of liver injury such as nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach pain, itching or loss of appetite, the FDA said.

If you are injured as a result of using a defective product, you may be entitled to compensation from the supplier or manufacturer of the product. Companies sometimes fail to invest the proper focus and time to safely and successfully manufacture reliable consumer goods. As such, quality often suffers, safety regulations are not adhered to, and innocent consumers bear the consequences. Recently, strict legislation has been passed in order to further protect the rights of consumers against defective and dangerous products.

For advice on defective product litigation in the UK, go to InjuryLawyers4U.co.uk

Product recall | Weight-loss Supplement Hydroxycut recalled worldwide

ALL-TIME TOP 10 | INJURY LAWYER TV AD FAILS

ALL-TIME TOP 10 | INJURY LAWYER TV AD FAILS

Heating duct collapses onto desks during an exam | UK Injury Law News

Parents of some of the pupils injured when a metal heating duct collapsed during an exam have said they are taking legal action against the school.

Twelve Year 9 students were hurt, four seriously, during the fall in Minster College sports hall on 12 May. Parents of 10 of the students have begun or are considering legal action.

The Health and Safety Executive (HSE) said on Tuesday that the duct fell because the wires attaching it to the roof of the hall failed. About 150 children were inside at the time. Rhys Sullivan, who suffered the worst injuries, had surgery to fit metal plates after breaking his jaw in two places. He also broke seven teeth and needed stitches in his chin and lip.

His mother Vicki said he was "bearing up quite well" but had not yet returned to school.

"I just want answers more than anything else," she said.

"We sent our kids to school to be safe and obviously it's not been safe."

Tim Bancroft, a personal injury lawyer dealing with the case, said: "The impression I get is they are not looking to victimise any particular individual at Minster College. They just see it as getting something that is fair to their son or daughter."

Head teacher Alan Klee said he was not surprised parents were getting lawyers involved.

"Nobody should be in this position, no child should be injured in the way that they were injured. Schools are the safest place in our communities, yet on that day 12 children came to school and yet we had to return them back injured to their homes. That's not acceptable."

Heating duct collapses onto desks during an exam | UK Injury Law News

Injury Law and Sports | Where's the line drawn?

This month a Canadian judge acquitted of assault a high-school player whose punch broke an opponent rugby player’s nose and cheekbone.

In a bedeviling display of logic, the British Columbia provincial court judge ruled that players consent to violent contact within and certain violent conduct outwith the rules of the game. The judge stated that there are certain aggressive actions that are taken in the course of a scrum which appear to be acknowledged by most players including eye gouging, head butting, raking, kneeing, elbowing, kicking and punching and that there is implied consent to a range of injuries from bruises and broken noses to broken necks.

The defendant was exonerated on the grounds that the punch was randomly thrown and not intended to target and hit the injured plaintiff and, as such, fit within rugby’s unwritten but accepted code of conduct. Whilst there is no suggestion that a civil suit will be launched, a strong case could be argued that the defendant player was guilty in negligence.

Source: BClocalnews.com

Injury Law and Sports | Where's the line drawn?

Air France 447 and the Montreal Convention

With another major airline crash recently, there has been renewed interest in aviation law and the rights of airline passengers involved a in crash. The families of passengers on Air France Flight 447, which apparently broke apart over the Atlantic Ocean last week, will soon become familiar with an international treaty known as the Montreal Convention.

The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by a Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's regime concerning compensation for the victims of air disasters. The Convention re-establishes urgently needed uniformity and predictability of rules relating to the international carriage of passengers, baggage and cargo. It protects passengers by introducing a two-tier liability system and by facilitating the swift recovery of proven damages without the need for lengthy litigation.

Under the Montreal Convention, air carriers are strictly liable for proven damages up to 100,000 Special Drawing Rights (SDR), a mix of currency values established by the International Monetary Fund (IMF), approximately $138,000 per passenger at the time of its ratification. Where damages of more than 100,000 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party. This defence is not available where damages of less than 100,000 SDR are sought. The Convention also requires all air carriers to carry liability insurance.

As of December 2008, there were 87 signatories to the Montreal Convention, including the United States, European Union (EU), Canada, China, Japan, Korea and Mexico. Since the Air France flight was international, the Montreal Convention governs all of the claims that may be filed by family members of the passengers. Under the Convention, as long as a crash was caused by an accident, the airline is automatically liable, up to a point.

As Air France 447 passengers are positively identified and probable cause of the crash determined over the upcoming days and weeks, whether or not Air France is deemed at fault - aviation civil suits are bound to ensue.

The Montreal Convention will be an important factor in determining the ultimate liabilty of the airline.

UPDATE: MONDAY JUNE 15TH, 2009

Air France is to receive an insurance cheque of $93.4m for the loss of its Airbus A330 over the Atlantic, one of its insurers said on Monday.

The crashed aircraft was covered by several insurers including Axa Corporate Solutions, which is to pay out 12.5% of the total bill, a spokesperson for the insurance firm said.

Under the terms of the Montreal Convention, the carrier Air France is also responsible for compensating the families of the 228 people lost in the June 1 Rio to Paris crash, and has separate insurance for the cost of doing so.

Asked about compensation for relatives, the Axa spokesperson said it was "too soon to give a realistic figure".

She said: "All entitled persons have yet to come forward, and as a result it has not yet been possible to evaluate the totality of individual situations."

Brazilian and French navy crews have so far recovered the bodies of 44 crash victims off Brazil's coast.

SOURCE: The Guardian | 'Montreal Convention' Wikipedia Page

Air France 447 and the Montreal Convention

Slip and Fall Law | Explained

"Slip and fall" is a term commonly used for a personal injury case in which a person slips or trips and falls, and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims, because slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the owner or possessor of the property may be held legally responsible.

Dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and hurt him or herself inside a building. Other instances of slip and fall incidents can occur when people trip on broken or cracked public sidewalks, or trip and fall on stairs or escalators. In addition, a slip and fall case might arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.

Proving Fault in Slip and Fall Cases

There is no precise way to determine when someone else is legally responsible for your injuries if you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen, and whether you were careless in not seeing or avoiding the condition that caused your fall. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.

In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition", and that the owner or possessor of the property knew of the dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances. This latter requirement implies that people must be aware of, and avoid, obvious dangers.

In order to establish that a property owner or possessor knew of a dangerous condition, it must be shown that:

* The owner/possessor created the condition;

* The owner/possessor knew the condition existed and negligently failed to correct it; or

* The condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and fall incident in question.


For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue. For instance, if a can of paint falls to the ground and spills into an aisle in a hardware store and, one day later, the store has not noticed or cleaned up the spill, and someone slips in the paint and is injured, one might argue it was foreseeable that the store's negligence in failing to inspect its aisles and clean up spills would result in someone slipping and injuring himself on a spilled item.

Have you been involved in a slip and fall accident? For more information on Slip and Fall injury claims in the UK contact the helpful solicitors of InjuryLawyers4u.co.uk

Source: FindLaw.com

Slip and Fall Law | Explained

U.K. Drunk Driving Law Explained | Injury Implications

United Kingdom drunk driving law imposes the penalties for crimes related to alcohol driving.

To be responsible for the vehicle under the influence of alcohol, while on the right of blood alcohol without a car, may lead to disqualification of a license, up to 3 months imprisonment and a maximum fine of £ 2500.

Driving (or attempting to) while over the limit of alcohol in the blood almost always results in at least 12 months driving ban, a fine of up to £ 5000 and up to 6 months' imprisonment for serious crimes, or worse. In almost all cases, it is rare that a lawyer can do to prevent the withdrawal of the license. There is very little chance for UK drink driving lawyer ability to mount a "legal defense".

Refusal to provide the police with a breath, urine or blood, when requested, may result in similar sentences. As part of the drink driving laws, the police has the right to request the breath sample for analysis of a person who is driving under any circumstances. They also have the right to demand the breath sample, if you try to drive or driving in a private land, which is accessible to the public. There are currently 35 micrograms of alcohol per 100 milliliters of breath prescribed limits of alcohol, which is the equivalent of 80 mg of alcohol per 100 milliliters of breath. The demand for breath sample must come from a uniformed officer of one of the following three conditions:

1. must be reasonable grounds for suspecting that the person has consumed alcohol
2. officer has reasonable grounds for suspecting the violation of traffic
3. it must be believed that the driver had stopped participating in the accident

In most cases, claims against drunk drivers should be made to the insurer, and if the drivers of uninsured hit and prospects that the incident Motor Insurers Bureau compensates for drivers of uninsured compensation to innocent victims, but there are circumstances where a drunken the driver of the vehicle used as a weapon in a deliberate attempt to injure by 3rd party, and in these cases also, you can apply for financial compensation to the Criminal Injuries Compensation Authority.

Source: Wikipedia UK Drunk Driving Page

U.K. Drunk Driving Law Explained | Injury Implications

First 5 Critical Steps At The Time of Accident

Step 1

Since many personal injury attorneys work on a contingency fee most lawyers don't take cases they do not think can win. A contingency fee means the lawyer is paid a percentage of the settlement instead of per hour. This increases the likelihood that both the attorney and injured party will make money since the lawyer is highly motivated to get you a settlement. Do a little research before you call a lawyer. If you know a friend who went through a similar ordeal ask if he or she recommends their attorney.

Step 2

Did you get hurt in an accident? There is no personal injury case without an injury and these can go beyond broken bones, cuts and bruises. Going to the hospital and/or having medical bills helps prove that you were actually injured, especially if you were taken by ambulance from the scene of the accident. Personal injury attorneys get paid from your settlement and right to be compensated if you are hurt through the fault of someone's actions. Doctor bills and documentation are part of the evidence that make up a legal case.

Step 3

Call the police at the scene of an auto accident. Hopefully the person at fault will be ticketed which can also help prove liability. If the injury is automobile accident related, a personal injury attorney will ask about traffic citations. You can help by writing down any information that you recall after the accident happened.

Step 4

The personal injury attorney intake person, legal assistant or paralegal will ask about insurance. The basis of being able to collect money if a personal injury case is filed and won is a person or company that is liable who can pay. Personal injury attorneys work for the injured person and the scope of what defines an "injury" is wide in some cases, so the bottom line is if you think you have been hurt you should take the time to call.

Step 5

If you were injured in a car accident and have proof to back it up, especially if you were not at fault and the injury has had an impact on your life or ability to work or earn money, then it's likely a call to a personal injury lawyer will not hurt. The basis of all this is that if you were hurt in an accident seemingly at the fault of someone else and you want to try to sue them then you should call a lawyer. They will tell you if you have a case.

SOURCE: www.Injurylawyers4u.co.uk

First 5 Critical Steps At The Time of Accident

SORRY - turns out you CAN'T sue for putting nails in YOUR OWN head...

44-year-old man presented to his local emergency department wearing a baseball cap and complaining of headaches that had progressively worsened over the preceding 11 weeks.

After he was provided generous analgesia and performed simple investigations that failed to identify a diagnosis, the patient removed his cap to reveal an assortment of metallic objects embedded in his scalp. Plain radiographs showed 11 nails penetrating into his brain. A detailed history revealed a diagnosis of paranoid schizophrenia, and the patient confirmed that he had hammered a nail into his head each week for the past 11 weeks to rid him of evil.

The nails were removed with the patient under general anesthesia, and he made an uncomplicated recovery with no neurological deficits.

SORRY - turns out you CAN'T sue for putting nails in YOUR OWN head...

Jury Awards Over $2 Million for Client Injured by Defective Chair - in Personal Injury Law Firm!

It appears that the Florida law firm of Fetterman & Associates not only litigates but spontaneously creates personal injury cases. Robert and Heather Friedrich went to the law firm in search of recovery for injuries from an accident — they found it, albeit for injuries in the law firm itself when Robert sat in a defective chair. A jury has awarded the couple more than $2 million for the injury.

Robert and Heather were seeking representation for injuries from a car accident when they went to the law firm. The chair’s failure caused Robert to fall backwards and hit his head — causing him medical bills of more than $200,000 and the loss of his job.

The jury in this comparative negligence state apportioning 67.5 percent of the liability to the furniture store that sold the chair to the firm in 1998 and 32.5 percent to Fetterman.

The chair was purchased from Brandon Home Furnishings in January 1998 and was defectively manufactured according to the jury.

On its website, Fetterman proclaims:

Fetterman and Associates, the Law Team, has been helping people with legal problems for more than thirty years. We seek justice for people who have suffered from the negligence of others, or who have been deprived of their rights or property by insurance companies or big business. Our focus is protecting the rights of injured people and their families.

Of course, sometimes it is not the negligence of others that brings cases to the firm. At times, a predator can become prey in the world of personal injury law.

In defense of the firm, however, I fail to see how the firm is responsible for a defectively manufactured chair unless there was some warning or overt weakness. Perhaps such evidence was introduced. Otherwise, it is a bit of a harsh burden for offices to be responsible for latent defects in chairs.

Read the original post at: http://www.lawteam.com/

Jury Awards Over $2 Million for Client Injured by Defective Chair - in Personal Injury Law Firm!

Serious Brain Injury Improvement With Cognitive Rehabilitation - New Study Shows

Serious brain injury shows remarkable improvement with cognitive rehabilitation, a study in the January 2009 issue of Neuropsychology shows.
The presented data suggests that treatment may work best when tailored to age, injury, symptoms, and time since injury. Importantly, the findings may help establish evidence-based treatment guidelines.

The researchers worked with studies whose samples and methods were most amenable to rigorous statistical techniques and documented the extent to which various treatments improve the language, attention, memory and other cognitive problems that appear after acquired brain injury (such as from trauma, stroke or loss of oxygen - in other words, not congenital).

The authors had concluded there was enough evidence to generally support the use of a variety of rehabilitative treatments. To develop specific treatment guidelines, this new analysis documented the extent to which treatment type and timing, origin of the injury, recovery level, and participant age affected the odds of success.
Generally, it is better to start treating patients as early as possible, rather than waiting for a more complete neurological recovery. Even older patients (age 55 and up) may benefit from cognitive rehabilitation, particularly if the brain injury is due to stroke.

Clinicians should focus their efforts on direct cognitive skills training in specific cognitive domains. More holistic, non-targeted interventions appear to be less effective. Especially if they were treated soon after the event, language training helped older people after stroke. Language training was still effective, just not as much, when it started more than a year after the stroke.

Serious Brain Injury Improvement With Cognitive Rehabilitation - New Study Shows

Top 10 Law Cartoons | Ever!

Top 10 Law Cartoons | Ever!

Injury Law v. Cartoons | Where's a Lawyer When You Need One?

Injury Law v. Cartoons | Where's a Lawyer When You Need One?