Missouri Injury Law Blog

See also, Missouri Dangerous Products cases. Most Missourians believe that when they purchase products from a major national retailer they don't need to worry about the safety of what they've bought. We expect the retailer will be trustworthy with their labeling and that they will ensure what they sell is safe. Sadly this is not always the case. As the Huffington Post recently reported, the well-known sports and nutrition retailer, GNC, is under fire for selling unsafe products, and may possibly be liable for fraud as well as negligence relating to a major products liability claim.

The lawsuit against GNC was brought by Lynette Bates, a Southern California woman who bought a pre-exercise drink powder called C4 Extreme last summer. The drink promised users "explosive workouts." According to her suit filed at the Los Angeles Federal Court, the drink contained a substance that was originally used as an over the counter decongestant. The compound, 1,3-dimethylamylamine, also known as DMAA, is "illegal and dangerous," according to the complaint. The lawsuit went on to say that "experts in the industry have become concerned that this potent stimulant drug will lead to serious health issues and even death."

Bates sued the retailer, GNC, and Cellucor Sports Nutrition, the manufacturer, for "making false and unsubstantiated representations concerning the efficacy, safety and legality of C4 Extreme." Cellucor's parent company, Woodbolt International, is also named in the suit.

According to recent reports C4 Extreme is no longer being manufactured with DMAA. However, this doesn't mean consumers can rest easy, the substance can still be found in a plethora of products including "Jack3d" and "OxyELITE Pro."

Medical experts say there are potential health risks from consuming DMAA. Dr. Pieter Cohem, an assistant professor at Harvard Medical School, says "What we've seen is that DMAA in supplements has been connected to situations where the heart has gone suddenly into failure due to excessive stress."

For its part GNC declined to comment on the pending suit with Bates, but in a statement corporate spokesman Greg Miller was willing to say "despite the media hype surrounding DMAA, GNC is unaware of any scientific or medical evidence which calls the safety of DMAA into question. To the contrary, GNC is aware of a number of published, peer-reviewed studies that show that DMAA is perfectly safe when taken as directed."

The fact that DMAA remains in products on store shelves illustrates the real need for stronger oversight of dietary and sports supplements by the FDA. If you or someone you know has been injured because of a company's failure to provide a safe and healthy product, you need the help of a St. Louis products liability attorney experienced and ready to help protect your rights and recover damages for your injury. Contact products liability attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "GNC Supplements: Lawsuit Claims Weight Loss & Sports Supplements Have Unsafe Ingredient," by Bernice Yeung, published at HuffingtonPost.com.

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Defective Defibrillator Sparks Fear Among Missouri Heart Patients

Much is lost in translation in Missouri hospitals

A new study titled, "The Facts Hurt" finds Missouri to have the sixteenth highest number of injury deaths in the United States. Neighboring Illinois finds itself at the opposite end of the list with the seventh lowest ranking.

In Missouri, 70 out of every 100,000 residents die each year from preventable injuries such as drunk driving accidents , drug overdoses, falls and domestic violence. While that number may not seem so high compare it to Illinois where just 49 people out of 100,000 die due to similarly preventable accidents.

Rich Hamburg, spokesperson for the Trust for America's Health, says that Missouri could do a lot better when it comes to preventing accidental drug overdoses. Specific problems include a lack of an effective prescription drug-monitoring program, something that puts Missouri behind the majority of other states. Hamburg says Missouri should also consider far stricter automobile safety laws if it wants to improve its ranking. Things like mandatory ignition interlocks for convicted drunk drivers, more aggressive enforcement of seat belt laws, mandatory bicycle helmet usage, etc.

Given our risk of injury in the state and the approach of summer holidays it's important that Missourians have some basic safety information about many of our favorite hot weather activities. Information is the best way to work to reduce deadly injuries.

Pools:

Watching children carefully when around water is absolutely critical. The United States Consumer Product Safety Commission reports that children under the age of 5 account for almost 75% of the deaths that occur each year in pools across the country. As a result, NEVER leave a child unattended near a pool, spa or other body of water.

Motorcycles:

When the weather turns nice and people take long weekends many jump on their motorcycles to cruise the state's roadways. These motorcyclists are at a special risk of injury and death if they're involved in a car crash. The National Highway Traffic Safety Administration (NHTSA) reported in 2009 that 4,462 motorcyclists were killed and 90,000 were injured on our highways. Motorcyclists are exposed and vulnerable and drivers should remember to avoid distracted driving as even one instance could result in tragedy.

Boating:

A popular activity for many when hot weather returns is getting on a boat and relaxing on a lake. Missouri waterways will be especially crowded over the Memorial Day weekend and remain crowded throughout the peak summer season. Sadly the crowds meant hat the number of water-related injuries and deaths are sure to increase. While you may be tempted to drink and boat, remember that driving a boat intoxicated is just as dangerous as getting behind the wheel of a car drunk. If you're the captain then avoid having too much to drink as it puts yourself and others at great risk.

It's also important to remember to wear life jackets while on a boat. Accidents can happen anytime, even if you're an experienced boater. Making sure you and your guests are properly fitted with floatation devices can great reduce the risking of a deadly boating accident or accidental drowning.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri car accident attorneys today at 1-314-863-0500.

Source: "Missouri Ranks Sixteenth Highest Injury Death Rate In Nation," by Fred Bodimer, published at StLouis.CBSLocal.com.

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A recent study discussed in the New York Times found that some defective wiring in a type of defibrillators have contributed to the death of 22 patients. Doctors have been warned about the potentially deadly impact of the defective products, but an estimated 79,000 patients in the United States already have the wires implanted. While simply removing the wires is in itself dangerous and not recommended, Missouri patients with the defibrillators should seek out doctors to explain the risk the device poses.

The manufacturer of the wires is St. Jude Medical. The deaths that have been reported thus far have been contained to a small range of products and were all associated with two specific models of the company's line: Riata and Riata ST. St. Jude Medical no longer make the wires that have caused the problems and the company has warned doctors about the possible complications that may arise once the defibrillator has been implanted.

The device is implanted under a person's collarbone and when a patient's heartbeat becomes erratic or chaotic, the device sends an electrical current to the heart, which shocks it and restores a normal heartbeat rhythm. In this case the wires that connect to the heart are malfunctioning. Specifically, the wires have shown that they are capable of short-circuiting and can then fail to deliver life-saving shocks to the heart has led to several fatalities.

These electrical problems aren't the only ones that have been reported with the devices. There have also been reports have the wires rubbing against the defibrillators and other instances where the wires were sticking out of their protective casing.

The worry is for the many thousands of other patients that have the device still implanted in their chests. Another worry is that simply removing the device won't be easy and could even cause more problems for patients. According to the same study, eight people have died while having the wires removed.

Having a medical device installed in your body can be a frightening experience for patients and manufacturers and doctors have to ensure that the products are safe and properly implanted. In cases where a medical device is improperly manufactured or installed serious injuries can be sustained by patients. If you or someone you know has been injured because of a company's failure to provide a safe and healthy product, you need the help of a St. Louis products liability attorney experienced and ready to help protect your rights and recover damages for your injury. Contact products liability attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "Bad Wire in Heart Device Led to 22 Deaths, Study Says," by Katie Thomas, published at NYTimes.com.

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According to a recent article in the Chicago Tribune, more than 25 million people in the U.S. may suffer because they have inadequate translation services available at medical appointments. While this may seem a mere inconvenience, problem both large and small can result.

Among the more minor issues that can arise when care providers cannot clearly understand a patient's needs are the expenses associated with unnecessary tests. More serious problems can occur when patients are unable to give accurate or complete medical histories, or describe well enough in English the specific nature of the health problem they're currently suffering from.

Patients who do not speak English as a fist language may also not clearly understand their doctor's questions and can thus inadvertently give incorrect information. The fear is that when the miscommunication arises they may be given prescriptions for a drug they are allergic to or that can cause complications with other medications or conditions the doctor is unaware of. In the worst cases, these patients could end up hospitalized or dead because the doctor treated the wrong problem or used the wrong means to address the issue.

It is the doctor's responsibility to make certain that he or she clearly understands the nature of a problem before treating it, yet many patients report insufficient translation available at doctor's visits. If this happens at a hospital, it is more than a lapse of ethical responsibilities. Federal law requires that hospitals receiving funds from the U.S. government have appropriate qualified interpreters for the communities they serve. Medical interpreters need to not only know the language of the patient but also the specialized medical terms required to clearly serve a patient's best interests.

If you or some you know has become sick or injured because of a doctor falling below the required standard of care, you need the help of a St. Louis injury attorney experienced in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "Interpreters in ER may limit medical errors: study," by Reuters, published at ChicagoTribune.com.

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The Interstate Commerce Commission has joined the Federal Motor Carrier Safety Administration in proposing a new information system to keep track of trucking companies that have been shut down for safety violations which often lead to truck accidents resulting in juries or death. This new registration and identification system aims to keep carriers from reinventing themselves in an attempt to thwart enforcement. Such carriers are referred to in the industry as "chameleon carriers."

Every year, a shocking number of trucking companies are shut down for safety violations and simply reopen under a new name. For example, in 2010, one carrier, Hester Inc., was put out-of-service for failing a compliance review. The president of the company signed a new operating application for different carrier, on which he stated that he had no previous association with a motor carrier. His misbehavior went undetected under the then existing system.

As of 2010, there were more than 500,000 active commercial carriers in the United States, and thousands more applicants just waiting to join the ranks. A recent study by the General Accounting Office found that an increasing number of thee carriers are Exhibiting "chameleon" characteristics. In fact, the number has nearly doubled in five years from almost 800 in 2005 to nearly 1,200 in 2010. 



Currently, the FMCSA does not have the staff or the technological infrastructure to investigate all commercial carriers and applications that may be tied to previously existing firms. Due to being stretched so thin the agency's current efforts are limited to household goods carriers and commercial bus companies.

The agency is hoping that once the new information system is in place it will help remedy some of these problems. However, financing from Congress must be secured before the system can be fully implemented. Hopefully Congress recognizes the importance of such a system and puts money in place to help limit the ability of these "chameleon carriers" to further evade the law.

For information on how to protect your legal rights if you or a loved one has been seriously injured in a commercial vehicle accident, call one of our Missouri car accident attorneys today at (314) 863-0500.

Source: "Show Me the Money: FMCSA Could Get Green to Catch Chameleon Carriers," by Lyndon Finney, TheTrucker.com.

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Missouri Commercial Vehicle Operators Face Fines for Talking While Driving

Missouri Takes Aim At Distracted Driving

Most of us learned the rules of the road and the safety rules of driving through our parents or driver's education. Including to follow a few simple steps before changing lanes: turn on your blinker, check your mirrors and check your blind spot. Only after these had been done is it safe to move over. Car accident attorneys see accidents caused by all sorts of negligent or careless actions, including improper lane changes and failure to yield when turning.

According to a new study by the Society of Automotive Engineers discussed on MSNBC.com, almost half of all drivers are getting that first and arguably most crucial step wrong. The study found that, when changing lanes, 48 percent of drivers either fail to engage their turn signals or forget to turn them off. When turning, the error rate drops considerably but still remains at a worryingly high 25 percent.

Whatever the reason, forgetfulness, laziness or poor education, the signal errors are having a major impact on driving safety. According to the study, improper blinker use causes roughly 2 million traffic accidents every year. By comparison, distracted driving car accidents are linked to around 950,000 crashes each year.

Drivers who fail to use their turn signals properly might not think their mistake is a big deal, but the fact is that such a slip up puts everyone else on the road at risk. Even if an accident does not happen, drivers could still run into trouble with the law. After all, failing to signal a turn or a lane change is a crime and is treated as severely as speeding or running a red light.

The people at the Society of Automotive Engineers have come up with a novel and potentially useful solution to the problem. It's called the "Smart Turn Signal," the group claims it can go a long way to reducing the rate of car accidents across the nation's roadways.

The "Smart Turn Signal" would automatically shut off a signal once a certain amount of time had passed. The device is also capable of being programmed to automatically turn off after detecting a lane change. Such a feature is similar to what happens now after drivers complete a turn.

The Smart Turn Signal would also be able to recognize when drivers make a habit of ignoring their turn signals. In that case the device would flash a gentle reminder light, something akin to the ones that alert drivers who aren't wearing their seatbelts. Currently the device is still being tweaked. As such, drivers would do well to remember the basics they learned when they were first starting out and focus on proper turn signal usage. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri car accident attorneys today at 1-314-863-0500.

Source: "Turn Signal Neglect a Real Danger, Study Shows," by Paul A. Eisenstein, published at MSNBC.com.

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The biggest driving distraction might just be... your car?

Missouri Takes Aim At Distracted Driving

Last year during a snow storm in St. Louis, my client was involved in a truck accident when she was ran off the road by a MoDOT snow plow on Highway I-270 in St Louis county. She was driving her car in the far right hand lane since she was going slow due to the weather. A snow plow came up behind her, sideswiped her car, and then kept on going and left her stranded on the side of the road.

The truck accident left several large orange paint streaks down the side of the victim's car. The pain was the same orange color as the snow plow orange. The reporting officer noted the orange paint and was unable to reach MoDOT for any response. The victim retained our St Louis accident attorneys and we were able to get MoDOt to admit that the snow plow in the area of the accident that night was reported as being damaged on the right side of the snow plow. Damage completely consistent with the auto accident our client reported.

Our client sustained injuries to her neck and back, reported to the emergency room and then followed up with her family doctor and received physical therapy for a few months. The victim fully recovered and incurred about $10,000 in total medical bills. Prior to filing a lawsuit MoDOT agreed to settle the truck injury claim for $85,000.00.

Personally, I was very pleased with the outcome of this case, we were able to get my client all the medical treatment she needed to fully and completely recover and then settle her case for over 8 times the amount of the medical bills without having to file a lawsuit. The victim int his case was a past client of ours, therefore, she knew to contact us immediately after being involved in an auto accident. Retaining an accident lawyer early on in your case is critical to successful and very favorable recoveries.

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According to an article in the St. Louis Post-Dispatch, the Missouri House passed two pieces of important legislation this week specifically aimed to overcome a veto by Democratic Gov. Jay Nixon earlier this year pertaining to Missouri work comp.

As they have passed the House, both bills now head over to the Senate which previously approved similar measures earlier in this year's legislative session. The House voted 86-66 for a bill that could reduce protections for employees who report wrongdoing in the workplace. The legislation limits "whistleblower" status to employees who report or refuse to carry out illegal acts. The bill goes further to gut existing protections by limiting who is allowed to receive whistleblower reports as well as capping the amount of punitive damages a whistleblower can recover if an employer retaliates.

In Missouri there is no comprehensive whistleblower statue. Instead, law has been made by court cases and whether a person can sue has been decided by judges on the basis of precedent. The sponsor of the recent bill, Rep. Kevin Elmer said it was designed to clarify rules for business owners by putting something on the books officially. Given that the bill is the result of legislative action, the statute would supersede the courts' earlier decisions.

Democrats in the legislature have spoken at length against the bill, arguing that it doesn't give workers enough protection to allow them to report serious problems. The Democrats also complained about the bill's exemptions for state and local government entities, including Missouri's public colleges and universities.

On the workers' compensation front, the House also backed a bill that would bar employees from suing co-workers for on-the-job injuries. This was also passed earlier in the year but vetoed by Nixon. Democrats also spoke against this bill, saying that the law would prevent employees from suing co-workers even for intentionally caused injuries.

The Majority Leader, Tim Jones, says that this is an additional vehicle that will be used to help overhaul Missouri's Second Injury Fund, an account which pays benefits to people with disabilities who sustain additional injuries on the job.

A spokesman for the governor said Nixon is negotiating with lawmakers about a workers' compensation measure, but he declined to comment further.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri injury lawyers today.

Source: "Mo. House passes whistleblower, work comp bills," by The Associated press, published at STLToday.com.

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Former House Speaker Newt Gingrich got an unexpected surprise when he visited the St. Louis Zoo recently. The presidential candidate decided to take some time before his speech to the National Rifle Association to go on a paid private tour and get up close and personal with a Magellanic penguin. One of the penguins decided that it wanted to get up close and personal with Gingrich too - by biting him on the finger.

Fortunately, a Band-Aid was enough first aid to treat the very minor injury. However, many other victims of animal bites are not so lucky. Animals bite millions of people across the United States every year, with dogs being the most common culprits. As a Saint Louis injury attorney, I have represented clients who have suffered both minor and severe injuries due to animal bites.

Under Missouri law, the owner of an animal that injures another person could potentially be strictly liable. When the owner of an animal is found "strictly liable" for an attack, that means the owner is at fault just by virtue of the fact that the attack occurred. Strict liability is found when both a) the animal had vicious or dangerous propensities, and b) the defendant owner had knowledge of the animal's vicious or dangerous propensities. One case went a step further, holding that the owner of a Doberman pincher should have known that his dog was dangerous.

Section 322.145 states that "the owner of an animal that bites ... shall be liable to an injured party for all damages done by the animal." Section 273.036(1) further elaborate with the following:

The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party's fault contributed to the incident... (emphasis added)

In other words, the law does heavily favor the victims of animal attacks, so long as those victims did not provoke the attack. Thus, if you need more than a quick Band-Aid from an errant penguin's peck, there is relief available under Missouri law.

For more information about the state of animal bite law in Missouri, please look at this page. If you, a relative, or friend have been injured by a dog bite or other animal attack, call Saint Louis injury lawyer Ben Sansone for a free consultation at (314) 863-0500.

Source: "Penguin nips Newt Gingrich at St. Louis Zoo," by Jake Wagman, published at STLToday.com.

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St Louis accident attorneys, Sansone / Lauber, obtained a favorable settlement in Cape Girardeau County on behalf of a Scott County high school student who was injured after a loose door divider fell and struck him on the head when he was walking through a gymnasium doorway. The lawsuit settled for a very favorable $75,000.00, plus court costs, about two weeks prior to trial. The injured Plaintiff suffered a concussion and incurred approximately $5,000 in medical bills. The claim was made against Scott County School District. See : PETITION - dangerous condition - School_Redacted.pdf.

When making an accidental injury or negligence claim against a public entity, such as a pubic school, certain issues must be considered and investigated since public entities have certain tort immunity under Missouri law. See: Government Entity Liability for Dangerous Conditions. Specifically, you must determine if the accidental injury you are making a claim for falls under one of the exceptions to sovereign immunity, additionally, you need to look for other 3rd parties that may be liable if the sovereign immunity caps apply and the damages from the injuries may exceed those caps.

In our recent Cape Girardeau premises liability case cited above, the school district was unable to dispute that the Plaintiff was injured by a loose double door divider that fell and struck the Plaintiff in the head as he walked through the doorway during gym class. The Defendant, Scott County High School, and its employees, had exclusive control over the gym doors, including the post. Additionally, we were able to show that Scott County had actual notice the center divider was loose or had fallen out the night prior to Plaintiff's injury.

The night before the negligent head injury, a teacher had actual knowledge of the dangerous condition. The school nurse testified that she heard from school employees the center divider fell out of the doorway the night before at the basketball game. Additionally, another teacher that was at the game, testified she leaned against the center divider and it moved, then a spectator at the basketball game tightened it up with just his hands, no tools. That same teacher testified nothing else was done to that center divider and she did not notify anyone. Cursory investigation fo the doorway showed that hand tightening would not be effective, the fastener holding the center pole is a small Allen bolt that is smooth without anyway to grip other than using an Allen wrench or pliers.

The Plaintiff was sent to the emergency room and diagnosed with a concussion. One year after the head injury, medical records documented that the Plaintiff was still suffering from post concussion symptoms including headaches.

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After years of practicing as a Missouri & Illinois personal injury lawyer, I frequently see cases where employees suffer tragic accidents due to dangerous jobs. Sometimes, despite the best efforts of employers, these accidents happen because certain activities can never be made one hundred percent safe. Other times, an employer is so derelict in its duties that not only are private lawsuits inevitable, but the employer can find itself afoul of the U.S. Department of Labor.

That is the case with the workplace wrongful death at Bartlett Grain Company elevator in Atchison, Kansas. Back in October, six workers were killed in an explosion. Investigators in Kansas originally determined that the explosion, caused by grain dust, was accidental. However, on April 12, the federal government intervened. The Occupational Safety and Health Administration (OSHA) issued over a dozen citations and are seeking over $400,000 in fines. Criminal charges may be in the future, but that is a decision for the Department of Labor's Office of the Solicitor.

According to the Kansas City Star, grain elevator worker has become one of the most dangerous jobs in America, and is part of the increasingly hazardous agricultural industry. Deaths by suffocation in the elevators are "all too common."

U.S. Secretary of Labor Hilda Solis stated in a press release, "Bartlett Grain's disregard for the law led to a catastrophic accident and heartbreaking tragedy for the workers who were injured or killed, their families and the agricultural community." Criminal charges may be in the future, but that is a decision for the Department of Labor's Office of the Solicitor.

According to OSHA, grain dust is nine times more explosive than coal dust and Barlett did not perform sufficient preventative measures, nor did it have a sufficient plan in place in case of emergency. OSHA alleged that Bartlett allowed the grain dust to accumulate to dangerous levels. Further, Bartlett used compressed air to remove dust without first shutting down ignition sources, creating an incredibly volatile atmosphere. They also repeatedly started and stopped machinery and used electrical equipment inappropriate for an environment covered in grain dust.

OSHA described these acts as "willful violations." A willful violation is an act that is "committed with intentional knowing or voluntary disregard for the law's requirements or with plain indifference to worker safety and health." Bartlett Grain has been accused of five willful violations. The company has also been accused of eight "serious" violations, which according to OSHA are "hazard[s], violation[s] or condition[s] such that there is a substantial probability that death or serious physical harm could result."

Bartlett Grain president Company president Bob Knief issued a statement that the company "certainly look[s] forward to proving wrong OSHA's unfortunate citations and characterization."

If one of you or one your loved ones is injured in a workplace accident, you will need to an experienced St Louis county personal injury attorney on your side. Contact Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "KC grain company cited for violations in deadly Atchison elevator explosion," by Mike McGraw, published at KansasCity.com.

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Drunk driving injury lawyer Ben Sansone focuses on pursuing drunk drivers on behalf of injured clients and their families. We have handled dozens of drunk driving injury cases in Missouri and Illinois to successful conclusions. With the assistance of Sansone's partner, Gary Lauber, a former prosecutor, they have the experience and skill necessary to aggressively pursue drunk drivers in personal injury cases and wrongful death actions. See 2.3 Million dollar Judgment Obtained againt St Louis County Drunk Driver. Also see Drunk Driving Injury Lawyer Articles.

The Franklin County, Missouri Sheriff's Office wants to make sure during prom season the teenagers and other drivers on the road are safe and sober. Law enforcement agencies across the state are working with the Missouri Department of Transportation to crack down on underage drinking and driving as well as minors found to be in possession of alcohol between May 3rd and May 13th.

In Missouri it is illegal for anyone under 21 to possess or consume alcohol, yet teens make up an alarmingly large proportion of the drunk drivers arrested for having caused traffic accidents on Missouri roadways each year. Though most would not think so, many drunk drivers are under the age of 21.

From 2009-2011, there were 83 fatal crashes and 233 disabling injury crashes involving an alcohol impaired driver under the age of 21. Devastatingly, there were 94 people killed and 368 seriously injured as a result of these crashes.

Franklin County has specific reason to be concerned as it came in at number four in Missouri for traffic cashes between 2009-2011. In Franklin County alone there were 41 crashes involving drunk drivers under the age of 21. During the same two years there were four fatal crashes and four disabling injury crashes involving an impaired driver under 21.

Franklin County police officers as well as officers across the state will be stepping up enforcement of Missouri's Zero Tolerance Law. The law says that anyone under the age of 21 caught driving with even a trace of alcohol in their system will have their license suspended. "Drinking and driving is not worth the risk," said Leanna Depue, chair of the executive committee of the Missouri Coalition for Roadway Safety. "Zero tolerance means zero chances: Drive Sober or Get Pulled Over."

The consequences for such reckless behavior includes jail time, loss of a driver license, or being sentenced to using ignition interlocks. Insurance rates will also go up as a result and the perpetrator will have to shell out money for attorney fees and court costs.

In 2011 across the state there were 217 people killed and 867 seriously injured in crashes involving an impaired driver. As Saint Louis personal injury attorneys we routinely see the devastating aftermath of collisions caused by such drunk driving accidents. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri injury lawyers today.

Source: "Officers to Crack Down on Underage Drinking," published at eMissourian.com.

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With over a decade of experience handling personal injury claims, I have represented dozens of individual suffering from head injuries, including post concussion syndrome and more severe traumatic brain injuries. See Brain and Spine Injury Lawyer Articles. A head injury can be a slight as headaches and dizziness to severe as unconsciousness, visible injury to the brain, coma, or death. Brain injuries are need to be addressed medically and legally even when relatively minor.

One of the reactions to the recent awareness of how sever even perceived minor head injuries can become, the debate has begun about young children being allowed to play rough contact sports like football. Two of the world's leading experts on concussion related injuries disagree on the subject.

Any time a person sustains a head injury, there is risk of concussion. While a concussion may not sound too scary, the problem occurs in repeated incidents of concussions which can have serious long-term consequences. One especially troubling worry is that if an athlete, or a child, receives a second concussion before the first has fully healed, it can cause permanent injury or even death.

According to the experts, children who play football throughout high school may receive as many as 2,500 sub-concussive hits throughout their careers. A recent study found that the number of catastrophic brain injuries which caused permanent disabilities among high school football players increased to 13 during 2011. This alarming trend has researchers working on ways to make youth sports safer even if they don't agree on the best way to guarantee that safety.

The issue up for debate is whether the safety skills obtained by experiencing contact in the form of rough sports play early on in life is counterbalanced by the risk of injury caused by multiple concussions.

Boston University's Dr. Robert Cantu thinks that sports like ice hockey, lacrosse and tackle football should be off limits to kids under the age of 14 until rules are changed to limit risks of concussions and other injuries stemming from multiple blows to the head that so often come with the territory.

On the other side of the debate is Dr. Kevin Guskiewicz from the University of North Carolina. He believes young athletes need to learn how to deal with physical contact early on when they play against opponents who are the same age and size. Dr. Guskiewicz believes that such early exposure to proper safety techniques will ultimately lead to safer playing later in life.

Guskiewicz explains that "the youth league players generally are close to the same size and are about the same age. If you wait until the kids are freshmen in high school, you might have a 130-pound player competing with a 300-pound player. The forces can be tremendous. I believe it is safer for the players to learn at younger ages."

Cantu, who has treated a lot of youngsters with concussions, believes that it is absolutely critical to avoid repeated head injuries. "That's where Kevin and I differ," Cantu said. "I'm treating these children and I've seen them miss school for a week, a month, a semester, even a year because of post-concussion symptoms."

St. Louis personal injury lawyer Ben Sansone is an experienced Missouri injury trial lawyer practicing in all areas of personal injury including brain injury and medical malpractice. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri personal injury attorneys today at 1-314-863-0500.

Source: "Concussion experts differ on safety in youth sports," by Tim Stevens, published at CharlotteObserver.com.

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Recently, St Louis injury law firm Sansone / Lauber secured a $760,000.00 settlement for our client who was sexually assaulted in her apartment. See Defective and Poorly Maintained Security Doors.

The parties involved in the settlement are being kept confidential to protect the identity of our client, however, I can say that the defendant was a St Louis area apartment owner that we maintained had knowledge of the crime levels in the area based on crime statistics available to them and reported crimes at the apartment complex. Despite the levels of crime the property owner allowed the common area security doors to remain in disrepair despite consistent complaints by the tenants.

Unfortunately, as a result of the inoperable security doors, a criminal was able to easily and quickly obtain access to our client's apartment making her an easy target for burglary and sexual assault. Several witnesses testified to the poor conditions and upkeep of the common area security doors as well as the apartment front doors and to the crime level in the neighborhood as well. There were constant complaints to management regarding the conditions and security concerns. Some issues were dealt with for temporary resolution and many issues were simply ignored. Several assaults and robberies took place against tenants and food delivery drivers.

In order to have a claim against a property owner, there must not only be a criminal act that causes injury, you must first establish a legal duty on the property owner to protect you from that criminal act.

ESTABLISHING A LEGAL DUTY TO PROVIDE SECURITY:

DUTY AS A MATTER OF LAW: Under Aaron v Havens.pdf there is a duty as a matter of law on a landlord to keep the common areas safe. In the Aaron case where a rape occurred after access by the intruder up the fire escape and through an unlocked apartment window the court stated "[i]f a private apartment can be entered through a window, injury to the occupants is foreseeable."

The scope of admissible evidence under Aaron is broad. Therein the Court held: "it is not necessary to allege that past crimes involving entry into unauthorized places are of the same general nature as the one which gave rise to the claim. If a burglar may enter, so may a rapist. To find a duty only the incidence of harm, not necessarily the quantum need be foreseeable."

In our case, we argued the Arron case applied as the building security doors and the apartment front doors were controlled by the owner according to the undisputed testimony of the witnesses. Thus, it is common area and according to Aaron there is a duty as a matter of law. Additionally, in our case the owner breached the duty by providing the locked doors and barely attempting to maintain them through cheap temporary fixes.

DUTY ESTABLISHED BY SPECIAL RELATIONSHIPS:

If the duty is not established as a matter of law, a duty can be imposed on a land owner based on special relationships. For a detailed discussion of the special relationships duty see Legal Elements and Issues Related to 3rd Pary Criminal Act Personal Injury cases in Missouri.

RELATED BLOG POSTS:

Missouri Law on Suing a Property Owner for Negligent Security after a Criminal Attack - Assumption of the Duty

Negligent Security - is the Starbucks Tip Jar Lawsuit a Good Case?

Missouri Waiver of Personal Injury From Future Negligence Clauses in Apartment Lease Contracts - Are they Enforceable?

Continue reading "$760,000.00 Settlement - St Louis Negligent Security resulting in Sexual Assault" »

A federal law that aims to reduce number of truck and commercial vehicle accidents and injury caused by distracted driving has recently gone into effect. The law, which took effect at the beginning of this year, affects nearly 4 million truck and bus drivers, plus millions of other commercial drivers who work for businesses both large and small.

The recently passed law prohibits commercial vehicle drivers from using hand-held cellphones while the vehicle is in motion. The ban applies to operators of commercial vehicles, defined as those vehicles weighing more than 10,000 pounds which cross state lines for business purposes or any other vehicle weighing more than 26,000 pounds which includes all sorts of vehicles from tractor-trailers to large delivery trucks.

The ban imposes stiff fines for drivers who violate the law. For each offense, violators face a civil penalty of up to $2,750. If a driver is a repeat offender, he or she can lose their commercial vehicle operator's license. Even more seriously, drivers who commit two major violations within a three-year period will lose their driving privileges for at least 60 days. If there are three or more violations within three years, the penalty is a suspended license for 120 days, something that will hit operators of commercial vehicles where it counts: their wallets.

Drivers are not the only ones who can be penalized under the new law; companies can be held responsible as well. Any company that allows or requires their employees to use hand-held cellphones while driving the company or other work-related vehicle can be fined up to $11,000. Holding the employers' feet to the fire is another method of ensuring that all steps are taken to encourage the safe operation of commercial vehicles. To comply with the law, many companies and organizations are scrambling to draft and implement internal policies prohibiting cellphone use while on company business.

However, as many Missouri personal injury attorneys can tell you, even the best plans to rid the roads of distracted drivers won't stop some from refusing to behave responsibly behind the wheel. The St. Louis injury lawyers at Sansone / Lauber believe that the best way to protect yourself against distracted driving by commercial vehicles is to pay special attention while driving and carefully watch the road ahead of you. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri car accident attorneys today at 1-314-863-0500.

Source: "Companies weigh risks of distracted driving" by Larry Copeland, published at USAToday.com.

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Missouri Takes Aim At Distracted Driving