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November 2015 Archives

Event organizers and operators often liable for accident costs

A company event or community carnival represents the chance for a good time, but people in West Virginia should remain attentive for hazards at recreational events. The following example of an injury at a company picnic highlights the litigation that sometimes results when a good time ends in the hospital.

Legal action taken in connection with balcony collapse

West Virginia residents may be familiar with a deadly incident that made national news in June 2015, the collapse of a California balcony during a birthday celebration. The incident resulted in the deaths of six college students as well as the injury of seven additional students when they fell 50 feet. Five of the decedents were from Ireland. Some of the families of those affected have now filed legal claims in connection with the incident. Information about the damages sought by the families has not been released.

Dangers of brain trauma in West Virginia

Getting proper treatment for a head injury is essential to a person's ability to recover, but it is often hindered by the fact that the level of injury is not properly established. If someone has suffered a head injury, there may be few physical signs of problems, but that does not mean that there is not damage to the person's cognitive abilities. Further, signs of trouble may develop over time rather than being immediately obvious.

Making roads safer for West Virginia drivers

For most people, driving is the riskiest thing that they will ever do. Although plane crashes may get more attention, the fatality rate is 300 times higher when traveling by car compared to traveling by plane. To make driving safer, there will need to be steps taken to either improve driver behavior or improve automobile technology. In the long run, there may be more to gain by improving technology.

Understanding the laws of attractive nuisances

Virginia residents may want to learn more about laws governing attractive nuisances. Generally speaking, attractive nuisances are defined as objects, conditions or structures that are hazardous and also enticing or inviting to children. The property owner may be liable for the ensuing damages if a child is hurt as a result ad certain criteria are met. The guidelines for assessing whether or not the property owner is liable for an attractive nuisance can vary from case to case.

Driving while drowsy may cause fatal accidents

West Virginia motorists may not realize how dangerous driving while drowsy can be, but a recent AAA survey found that around 43 percent of drivers admitted they had fallen asleep at the wheel at least once in their lives. A representative from the National Highway Traffic Safety Administration spoke at a forum on Nov. 4 in conjunction with National Driving Drowsy Prevention Week and reported that about 5,000 to 7,000 fatalities take place annually due to fatigued drivers.

Possible stadium litigation over football injury

A season-ending injury sustained by Reggie Bush on the sidelines at the Edward Jones Dome in St. Louis may have been noticed by West Virginia NFL fans. The San Francisco 49er was injured during a slip and fall on concrete just past the sideline, raising a mass of complex questions as to who is responsible for the injuries sustained and to what degree.

Brain injuries prevalent in competitive cheerleading

Competitive cheerleaders in West Virginia often perform dangerous stunts that expose them to a higher risk for brain injuries, spinal injuries and death. Though cheerleading has yet to be recognized as a sport, cheerleading accidents are the cause of over half of the catastrophic injuries to female athletes that take place. In practice and competitions, cheerleaders suffer from brain injuries, skull fractures, cervical spine injuries and paralysis.

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