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January 2017 Archives

Plaintiffs say Apple is liable for distracted driving accidents

West Virginia residents may be aware that smartphone technology is tied to a nationwide distracted driving problem. According to the U.S. Department of Transportation, there are as many as 1.5 million people texting and driving at any given moment. While it's clear that using smartphone apps while driving can be a factor in many car accidents, it's unclear whether smartphone and app makers hold any liability for these accidents.

Roof collapse in Iowa limestone mine kills miner

An accident at the Linwood mine in Buffalo, Iowa, has killed a mine truck operator. The victim was identified as Ronald Trich Jr., 52, of Rock Island, Illinois. He was found on January 25, 2017, buried under rock in a remote part of the mine where no mining operations were being conducted. The mine roof and walls in the area where the collapse occurred were thought to be stable. The Mine Safety and Health Administration (MSHA) is conducting an investigation, and expects to issue its report in two to six months.

Man sues Apple after driver hits him while texting

West Virginia motorists may have heard that a California man is suing Apple for willfully selling smartphones that encourage distracted driving. The complaint, filed in early January, seeks to halt the manufacture of iPhones until lock-out technology is added to the devices to keep people from texting while driving.

Property owners may be liable for injuries to trespassers

West Virginia homeowners are not obligated to protect those who trespass upon their property. However, they should be aware that they cannot willfully cause injury to any who do trespass. This law can become an issue for homeowners with frequent trespassers as they may find themselves liable for injuries any people, even the uninvited ones, sustain if their properties are left in an unsafe condition.

Link found between concussion and genetic dementia risks

Virginia patients who have sustained a moderate or severe brain injury should know that brain injuries are a known risk factor for certain diseases that slowly destroy the brain like Alzheimer's disease. A study also showed that those who have a genetic risk for Alzheimer's may experience accelerated brain deterioration if they suffer a mild traumatic brain injury such as a concussion.

Legal guidance for motorcycle accident victims

Most motorcycle accidents are the fault of negligent and careless drivers and result in catastrophic, life-threatening injuries to the biker. Yet, many drivers will try to defend themselves by shifting the blame to the motorcyclist. For these reasons, the top priority of our West Virginia law firm is to protect the rights of our clients injured in motorcycle wrecks and obtain the maximum compensation they deserve.

Treatment for West Virginia TBI patients

Almost 2 million people around the country sustain a traumatic brain injury every year. When a TBI occurs, the brain will respond by producing a cerebral edema, which cannot be treated with medication and can result in a coma or death. However, some individuals suffer little ill effects from TBI and have researchers wanting to know why there are strikingly different outcomes from similar injuries.

Maintenance and safe operation important on ski lifts

While some people in West Virginia might think of ski lifts as dangerous devices, experts say that the ride to the ski resort in the car is actually riskier. However, that does not mean that accidents on ski lifts do not happen, and they may occur if ski lifts are not properly maintained or operated. From 1973 to 2011, 12 people had died as a result of ski lift malfunctions.

New safety guidelines aim to curb distracted driving

In what appears to be an effort to reduce the number of fatal accidents on roadways in West Virginia and elsewhere across the country, the National Highway Traffic Safety Administration has proposed a new set of guidelines regarding cell phone use while behind the wheel. According to an NHTSA official, distracted driving is a contributing factor in a recent rise in the number of traffic fatalities nationwide.

Apple FaceTime a factor in vehicle accident

It is against the law in some states to operate a motor vehicle and use a smartphone at the same time, as some drivers tend not to exercise sound judgment. West Virginia residents may be interested to know that both drivers and the creators of certain types of technologies may be held liable for a vehicle accident. This is demonstrated by a lawsuit filed against Apple, accusing the company of not implementing a FaceTime patent that may have prevented the death of a young child.

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