Articles Posted in Uncategorized

What if you knew that a manufacturer was putting a product on the market that not only could kill you, but was specifically programmed to do so, and that selling this kind of product would likely be perfectly legal? Well, that time may be right around the corner, as self-driving cars start dominating our roads. 

Liability for Self-Driving Car Accidents

We know that there can be liability for negligence when a self-driving car malfunctions. Driving safely without a driver requires millions of immediate calculations about how to operate a vehicle, and one glitch in a program can lead to catastrophy. So, why would a car be programmed to actually crash and potentially injure its occupants? The answer lies in the moral dilemma that programmers now face. 

Summer is here, and with that comes summer fun activities, but with every kind of summer recreation comes the risk of injury. Here in Maryland, paying attention to safety during the summer is even more important; we do not get year-round sunshine like many other states, and thus, the level of public education about safety is often lacking.

Drowning is a Huge Risk Factor

Pools can be incredibly dangerous for people of all ages, but especially for children. Drowning is the fifth leading cause of unintentional death in the U.S. Every day, two children under the age of 14 die from unintentional drowning. According to CDC statistics, drowning is the leading cause of unintentional death for kids under the age of 4.

When someone is injured on someone else’s property, uncovering evidence to show liability is usually the job of the attorney, as it should be. Gathering and proving facts to show negligence is tougher than what most people think and it is more than what they see on TV.

One area that most lay people see as a “smoking gun” is a situation in which a landowner corrects a condition or problem on a property that caused an accident after the accident occurs. Common experience tells us that when someone fixes or corrects something, it is a tacit admission that there was a problem with that condition in the first place.

Subsequent Remedial Measures

When we think of bankruptcy, we usually do not think it has much impact on the world of injuries or personal injury lawsuits. Corporate bankruptcies can have a significant effect on injury cases, however, and when long-standing companies are filing for bankruptcy protection, injury victims need to be aware of how corporate bankruptcy could affect them.

Corporate Bankruptcies

Like people, companies can file for bankruptcy. Companies usually file for Chapter 11 bankruptcy, which will allow them to either stay in business and reorganize their financial affairs, or else allow them to close their business entirely free from the claims of creditors.

Normally we think that only people can be charged with crimes. That is generally true, but there is an odd wrinkle in the law that actually allows inanimate property to be charged with being involved in crimes. The law allows law enforcement to seize property that is involved in the potential commission of a crime, and that seizure does not have to abide by many constitutional measures.

What is Civil Forfeiture?

Initially used to fight the drug wars of the 80s, civil forfeiture laws allow law enforcement to seize property that is suspected of being involved in a crime, even if the owner of the property is not charged or convicted of a crime.

People are visual animals. We believe what we see, and that is true in the courtroom as it is anywhere else. In personal injury trials and car accident cases, visuals can mean everything. That includes the visual of what a car accident victim’s car looks like after an accident.

Variations in Property Damage

We know from common experience that some car accidents result in severe property damage, such as twisted metal and torn off fenders, while some may result in what looks like no more than a dent or scrape. Traditionally, being visual animals, jurors tend to equate smaller property damage with less significant injuries. That is, they have a hard time believing that someone could suffer a significant injury, when their car looks like it has sustained only minor damage.

When a loved one goes into a nursing home, they family will often diligently monitor his or her care and treatment. They may ask if their loved one is eating, if the resident is moving about, and may take general note of the condition of their loved one. A silent killer in many nursing homes is an ailment that often is not readily visible to attending family members – bed sores.

What is a Bed Sore?

Very simply, a bed sore (also called a pressure sore) is a sore that is created when skin has constant pressure put on it, usually by a bed sheet. If you have ever had an area like an ankle or an elbow that was subject to prolonged pressure to a chair or an ill-fitting shoe, you probably know what the start of a bed sore feels like.

In cities and towns in Maryland and across the country, concerned citizens often seek to make their roads safer. They try to get signs or stoplights installed, or other safety devices. Sometimes, victims of accidents want to demonstrate that an area where they were injured is unusually dangerous, or that the area sees an abnormally high number of car accidents.

You would think that the ability to get basic safety and accident data about a public roadway would be pretty easy, but in fact, as documented by a USA Today article featuring a Maryland resident who tried to do just that, getting roadway accident data can be a daunting challenge.

Maryland Resident Can Not Get Safety Data

The New York Times recently reported on a fascinating study of what happens to the brain when the head sustains massive impact. The study was done on a football player, but those who suffer concussions or serious head impact as a result of car accidents or falls can learn something from the results, as well.

Football Player’s Head Studied

The study was done by hooking up a football player’s helmet with sensors and then reading those sensors after the player was hit in the head by another player during a violent tackle. The results may change the way that doctors treat significant brain injuries.

How many times can an injured party sue someone who negligently causes the same injury? Well, common sense would say once, and that is generally true. A defendant can not be forced to pay twice for the same thing, and there is a longstanding tradition in Maryland law that any claims an injured party has must all be brought in one action. Whatever is not brought is lost.

So it comes as a surprise that a recent case addresses a rare situation in which someone may sue a negligent defendant twice for the same occurrence or event.

Child Born With Fatal Defect