Customer Inquiry

Defective Drugs: Cause and Liability

Every single person, thing, and technology, is subject to failure every now and then. While inconvenient, we expect that we will face issues every now and then. However, what about when that failure leads to injury or death? When it comes to defective drugs, such as over-the-counter or prescription medications, the side effects can be serious, and sometimes deadly. But what causes those failures? And what responsibility does the manufacturer have when you’ve been injured at their expense?

Defective Drugs: Cause and Liability

Most commonly, people reserve medications for when they’re not feeling 100% like themselves. Therefore, you’ll usually follow the guidelines provided on the bottle, or from your doctor. We assume that the medicine is reliable, safe, and we’ve been provided the proper instructions for taking it. So, when something unexpected happens, we have a few people in mind to blame. And when that resulting injury is serious, or a cause of death, the costs can be pretty high. From pain and suffering, to medical bills— who is responsible? In short, the manufacturer is responsible.

Manufacturer responsibility for defect

As a consumer of medication, whether prescription or over-the-counter, you assume that the medicine your taking is safe, and as it’s supposed to be. But when that’s not the case, and defective drugs hinder your way of life, it is 100% up to the manufacturer to take responsibility. There is the potential for receiving payment for medical bills, pain and suffering, and so forth. While a settlement of any kind will not fix, or change, what happened to you or your loved one— it can create a financial ease while you deal with the aftermath. But, one of your first questions, will likely be: why? Why did this happen? And what was the cause?

Causes for Defectiveness

Defect in the product. One reason for defective drugs may be a defect within the makeup of the product. In some cases, it could be that manufacturers are using harmful chemicals that do not interact well with one another. While plenty of testing should warn against these issues, that is not always full proof. Furthermore, there could be a defect in the making of the drug.

Incomplete labeling. Another common cause of defective drugs is incomplete or insufficient labeling. In short, without proper labels, consumers don’t know what they are taking. Therefore, they have no knowledge of how their body may react to it, or how it may react with other foods and medication.

Insufficient warnings. Like incomplete labels, insufficient warnings can leave a consumer unaware of how to take their medicine. All medications should include a list of instructions informing people how to take the drugs. In addition, that list should also include warnings as to how not to take the medicine.

As we’ve said, no amount of money can make your pain and suffering go away. But, it can ease the financial burden of your healing. If you, or someone you know, has been the subject of defective drugs, urge them to reach out to a personal injury attorney today. After explaining the details of your product liability case, an experienced attorney will be able to help you find the right recourse. Lastly, you might not be the only person who has faced injury or death at the hands of that manufacturer. So, coming forward might just help to save someone else…

Injury on Friends’ Property? Save your friendship, wallet, and health

If you face an injury on your friends’ property, you might find yourself in an awkward situation. After all, you didn’t mean to get injured, especially at your friends’ house. But, accidents do happen, as they say. So, what can you do when your health is at stake, you need medical attention, but you also want to do right by your friend? This situation is tricky, but we’re here to help…

Injury on Friends’ Property? How-to save your friendship, your wallet, and your health

Seeking medical attention

First things first, you need to decide whether or not you need medical attention. If you’re experiencing a lot of pain, or a visible injury, you might want to see a doctor as soon as possible. But, even if you don’t experience one of these two factors, but still feel like something isn’t quite right, go to a doctor and have them check it out. By doing this, you can get a gauge on your injury and decide who is responsible for the injury.

Homeowner’s insurance

If you decide that your friend, or the condition of that friends’ property, is at-fault for your injury— that’s where homeowner’s insurance comes in. Your friends’ homeowner’s insurance can cover the cost of accidents on the property. As for you? It is technically not your responsibility to cover the cost of an injury that isn’t your fault. While you are aware of this, it can be difficult to ask a friend to compensate for an injury. No one likes to talk money with their friends, but in the event of injury— it can be necessary.

Talking to your friend

One of the most difficult aspects of dealing with an injury on your friends’ property, is coming to them and asking that they compensate for the injury. This could lead your friend to feel betrayed, or that you’re doing this for personal gain. However, you must make them understand that you only need their homeowner’s insurance to cover medical costs. While this might be a difficult conversation to have, and an awkward one at that, it is absolutely necessary when facing injury. Remember that you are not targeting their personal funds, but merely expecting their insurance to assist with cost.

Receiving Assistance

As much as you may not want to handle this situation with your friend, your expenses may demand it. The cost of treating your injuries may become expensive, and affect your livelihood. In that instance, that homeowner’s insurance is not only important, but completely necessary. If you run into the scenario where your friend might not want to help at all, you might have to consult with an attorney. While we hope our friends would do what they can to help, in some cases, that might not be the case. So, we offer our services if you unfortunately might need them. Lastly, we offer our condolences for your lost friendship and injury.

Steps to Prevent Elderly Slips and Falls: What can I do?

As you get older, you have to start taking caution in areas you didn’t worry about before. For many elderly people, slipping and falling can be extremely dangerous. Therefore, you’re likely wondering what steps you can take to prevent elderly slips and falls, or at least lessen their severity in the event that they do happen. Recovering from injury becomes more and more difficult with age. So, let’s prevent them before they happen…

Steps to Prevent Elderly Slips and Falls: What can I do?

Regular exercise

One way to prevent elderly slips and falls, is by exercising regularly. As people get older, they tend to lose a good bit of muscle mass. Therefore, you become weaker and more susceptible to injury. So, by exercising, you can regain some of that strength, agility, and flexibility. All of these things can benefit you greatly in preventing injury in a number of ways, not just by slips and falls. Look into water aerobics, dancing, or other forms of light cardio.

Diet

Just like when you’re children, eating fruits, veggies, and lean proteins can help build strong bones. By maintaining a healthy, mindful diet, you help your bones to stay durable. You want to keep your body in the best shape possible, and that ultimately starts with a strong diet.

Wear Smart Shoes

Look into comfortable shoes with a rubber sole. It might even be worth considering a non-slip shoe, just to be safe. Having practical shoes can prevent slipping and falling. Furthermore, keep them tied! Taking a spill due to untied shoes is harmful, and also unnecessary. So, shop smart and keep them tied! Slippers or socks inside the home are typically more slippery and have a greater chance of resulting in a fall.

Consider Making Modification to Your Home, or Make a Move

As you get older, the functionality of your home becomes much more important. The bathroom and the stairs are two of the main areas of concern for taking a tumble. Consider placing non-slip rugs in the bathroom, or a railing on your stairs. Furthermore, your chances of slipping on carpet are much lower than hardwoods or laminate. Your house needs to be accommodating to your needs. Therefore, consider making modifications, or even moving if that is something you can financially make happen. Ultimately, you want to be comfortable and safe in your home. So, making a modifications might just be the perfect move for you.

Rear-view Cameras and Motorcycles: Putting Bikers at Risk

Rear-view cameras are a staple in newer vehicles, and they come in handy most of the time. However, this technology, just like all other technology, has it’s failings. One failing in particular, is the blind trust that many drivers have in it. Many rear-view cameras will beep if there is an obstruction in your path for backing up, so many people don’t think to actually look behind them. Therefore, when that object doesn’t register for your back-up camera, you are at risk of hitting someone or something. One object at particular risk, is a motorcycle.

Motorcycles and Rear-View Cameras: Putting Bikers at Risk

Bikers are already more difficult to spot

Therefore, we must take added precaution when backing up. A back-up camera serves the purpose of aiding your backing up, not dictating it completely. So, it’s important that while your rear-view cameras play their role, you also take some responsibility in it. Keep in mind that disclaimer that pops up on the screen when you use the camera; something to the effect of ‘not liable for damages or injury’. Therefore, if you cause injury, your car company is not taking responsibility.

One other issue to take into account is the accuracy of those safety features on your vehicle. They beep, or alert you in some way of obstructions. But how do they measure them? What will alert you and what will not? Motorcycles are particularly small, and therefore they may not register as quickly, or even at all.

Take for example, a driver, who is in a rush, driving a sedan with a rear-view camera. The driver of the sedan may exclusively depend on the camera to back up. Because the camera only displays the area behind the driver, the driver must look left and right. If the driver fails to look both ways, the potential for an accident is at large. If a driver relies solely on this camera; other drivers, pedestrians, or riders may be at risk.

Bikers are also already at higher risk of injury

Aside from the heightened risk of being hit, they’re also at an increased risk of injury. So, while hitting anyone can be problematic, a biker will likely incur more injuries than the average driver. So, settlements will be higher, injury will be greater, and you will have more to deal with in fixing this issue. All in all, you should take from this that a back-up camera should be an accessory to help rather than carry all the weight. Still look to your sides, and behind you. You never know what might be hiding outside of the cameras line of sight.

RV Driving Safety: Following Local and Federal Law

As we enter the summer months, people begin planning for vacation. While some head to the beach or mountains, you may plan to hit both by RV. Although nothing can be more fun than sight seeing across the country in your RV, it does present some obstacles when it comes to RV driving safety. With each new state comes new traffic laws and rules to abide by. But, there are some general rules you can use as a jumping off point. However, depending on where you’re driving, you should check local laws. Just because North Dakota says it’s okay, does not mean Montana is on board…

RV Driving Safety: Following Local and Federal Law

Know Your State 

As you hit the road in your RV, be sure to become familiar with the traffic laws in different states. While you’re probably thinking, aren’t they all the same?–the answer is, not quite. For instance, some states allow you to make a right turn at a red light. However, other states do not permit this. So, before you head out, become familiar with basic traffic laws as you pass through different areas.

Trailer Lights 

Before hitting the road, you certainly want to do a light check on your RV. Since you’re in such a large vehicle, other drivers will need a warning before you make any moves. Therefore, you want all brake lights and turning signals to be functioning correctly. Also, in the event of bad weather, you want to make sure other drivers can see you clearly. So even after making a quick stop, make sure to do a light check once again just for good measure.

RV Size 

One of the lesser known RV rules is that sometimes you may need to carry certain items along with you. Depending on how large your RV is, there may be a requirement about what you need to bring with you. For instance, you may need to carry safety chains or trailer brakes. In order to know the specifics RV rules for your vehicle, check your owner’s manual, and ask the dealer upon purchase.

Seat Belt Safety

While RV’s allow the family to roam while you ride, you still need to remember to wear a seat belt. As a driver, you aren’t exempt from North Carolina’s seat belt law. Or any other state’s law that you may be traveling through. So, wear your seat belt as a number one priority for RV driving safety.

In short, it’s important that you know the RV rules for each state you travel in. While some violations may only make for minor traffic tickets, others can be more serious. No matter the penalty, you don’t want to face these troubles at home, much less out on the road. So before planning your summer trips, brush up on your knowledge of RV rules depending on the states you plan to travel through. You never know what might be that one piece of information you were missing…

Confined Work Spaces: Defining and Outlining Them

Staying safe when operating in confined work spaces can be difficult. Being that these spaces create a whole new set of hazards, they require a few different guidelines and protocol. For this reason specifically, OSHA felt it necessary to develop specific safety regulations for this setting alone. Through this rule, OSHA defines ‘confined spaces’ and by doing so, they can outline the responsibilities, and employer duties for this specific type of at-risk worker.

Confined Work Spaces: Defining and Outlining them

A confined work space, as now defined, is an area that presents special dangers to the workers in some way. These dangers can include things such as, poor ventilation, and areas that provide insufficient oxygen, or dangerous level of gases. Furthermore, if these areas present a danger of illness, injury, or entrapment, the worker must have a special permit to work within that space. Ultimately, to operate under these conditions, an employee must meet certain guidelines. Therefore, the employer must do the same.

Employer Responsibilities

Under this new rule, employers have a few steps to take before allowing a worker to operate:

Training the workers. By this rule, employers must make sure their workers receive the right training first. In this training, workers should learn what to do in the event of injury. Also, they will learn how to work safely, and protect themselves and fellow workers. In the event that something goes wrong, they should have an escape plan.

Plan how to rescue injured workers. Since most of these confined spaces will not have more than one exit, an escape plan is necessary. In fact, employers should have a plan of rescue before workers go in these areas. This plan should include a way to retrieve workers quickly and safely.

Working safely

Many types of workers operate in these areas everyday. For this reason, it is best to be proactive and use caution. By following closely what OSHA set out, there is a better chance of avoiding trouble. Resulting injuries, when they occur, have severe side effects. Those effects, can impact your quality of life. Therefore, when these types of injuries occur, it’s important that you speak to someone. You might not want to hire a lawyer, but there might arise a time when that’s your only option.