December 2010 Archives

December 31, 2010

Serious Injuries Close Down Spider-Man Performance

After four performers have been injured while working on the Broadway musical "Spider-Man: Turn Off The Dark," producers canceled shows to add safety precautions.

The recent accident involved a stunt actor who sustained serious injuries after falling more than 20 feet to a basement below the stage. As a result of the fall, he suffered broken ribs, internal bleeding, as well as other injuries. A spokesman for the show said the accident was due to "human error" but failed to provide any other explanation. 3 other actors have been injured, including a woman who sustained a concussion.

Although the cause of the accidents is still under investigation, many questions are raised regarding liability. These issues are present in many stage productions throughout California involving stunts, as well as an elaborate stage and scenery.

Generally, workers' compensation covers injuries that occur during the course of employment and the actors are limited to those damages. However where a third party may be responsible - such as a contractor who installed set props - the injured party may sue for negligence.

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December 27, 2010

Wrongful Death Settlement In Smokeless Tobacco Case

News reports indicate that the manufacturer of Skoal and Copenhagen chewing tobacco has agreed to pay $5 million to the family of a man who died of cancer from chewing tobacco. This is thought to be the first wrongful death settlement in a chewing tobacco case.

Wrongful death actions can occur out of any personal injury matter as the result of the careless, negligent or intentional acts of another person or corporation. When a "wrongful death" occurs, the family and children of the victim may be able to recover compensation for their loss, including medical costs and future earnings.

Here, the family filed suit under a product liability theory, claiming that the company manufactured and sold a dangerous and defective product knowing that it causes addiction, disease and death in consumers who use it as intended.

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December 17, 2010

California Motorcycle Accident Kills CHP Officer

El Centro news reports that a retired CHP officer was killed in a motorcycle accident after he ran his motorcycle into a car.

The accident occurred after the officer failed to stop at a stop sign and crashed into a car. Although he was wearing a helmet, he suffered severe injuries and died as a result. The driver of the car suffered minor injuries.

This motorcycle accident is a tragic reminder that accidents can happen to anyone. The El Centro police noted, "There's no way to guarantee that unfortunate event are not going to happen to you. The best thing we can do is pay strict attention to what's going on, minimizing our risks and accepting the fact that we need to slow down, look, and occasionally become somewhat burdened by the fact that we have to wait."

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December 10, 2010

California Nursing Home Settlement Approved

According to the San Francisco Chronicle, a California judge has agreed to a $63 million settlement between Skilled Health Care Group, Inc. and current and former patients of the facility. Earlier this year, a Humboldt County jury had awarded the plaintiffs $677 million.

The company claimed the enormous verdict would send it into bankruptcy, indefinitely prolonging the time until victims received compensation. As a result, the victims agreed to the settlement, which will provide $50 million to the 32,000 patients who were harmed as the result of nursing home negligence, as well as $12.8 million to comply with state-mandated staffing levels.

Nursing home abuse is a particularly tragic form of abuse. When we place our loved ones in a home, we expect them to be respected and cared for. Too often they are neglected and abused. In order to cut costs and increase profits, many nursing home facilities - such as the one in this case - fail to provide adequate staffing.

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December 3, 2010

NTSB Pushing For Stricter Helmet Laws To Decrease Motorcycle Accident Injuries

The National Transportation Safety Board (NTSB) is pushing for greater awareness regarding motorcycle safety as well as advocating mandatory helmet laws. According to a USA Today article, more than 12 motorcyclist die each day in the United States from motorcycle accidents, with head injuries as the leading cause of death.

California is one of 20 states in the country that require all riders to wear helmets. 27 other states only require helmets for those under 18, while three states - Illinois, Iowa and New Hampshire - have no helmet laws whatsoever. Over the last several years motorcycle deaths have continued to increase with the exception of last year, which several experts attribute to the economy.

A recent article in the Press-Democrat further notes that in California, motorcycle deaths have double since 2000, from 276 to 560 in 2008.

Setting aside statistics for a moment, for your own personal safety wearing a motorcycle helmet is critical. If you are in a crash, nothing protects your head from serious impact and trauma if you fail to wear a helmet.

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