Washington Injury Attorney Blog

Not so long ago in the United States, the legal standard for drunken driving was 0.15%. The standard from state-to-state varied but in 2011, the standard was set to 0.08%. The blood alcohol content can be measured either by a breathalyzer, through urinalysis or a blood test.

Even though the standard was lowered to 0.08%, the U.S. still has one of the most lenient drunk driving policies in the world when compared with other nations. Some nations including Brazil, Hungary and Romania have a zero tolerance policy. Other countries such as Canada and New Zealand have a zero policy for young drivers Norway, Puerto Rico and Sweden have a 0.02% standard. Countries that have a 0.05% policy include Argentina, Canada, Denmark, France, Ireland and Switzerland.

Studies have shown that at BAC levels of between .030 and 0.059%, people experience euphoria and lose concentration. At levels up to .09%, people have impaired reasoning, depth perception, peripheral vision and problems recovering from glare.

The author of One for the Road: Drunk Driving since 1900, Barron H. Lerner, doesn't believe that we have the political will in the U.S. to lower the blood alcohol content standard. He believes that technology may be the answer to preventing intoxicated drivers from driving. Mothers Against Drunk Driving concur and believe that new technologies could save an estimated 8,000 lives each year.

The Driver Alcohol Detection System for Safety (DADSS), a partnership of the Alliance of Automobile Manufacturers, Inc. and the National Highway Traffic Safety Administration (NHTSA), is working to develop a couple of technologies which would prevent an intoxicated driver from being able to start their motor vehicle.

One proposed technology would be to have sensors on the steering wheel which would scan a driver's skin for blood alcohol content.

Another technology, already commonly in use, is to fit all cars with an interlock device which measures a person’s BAC via their exhaled breath. Drivers who have been convicted of drunken driving are often ordered by the court to install an ignition interlock devices. In Washington state, interlock devices prevent a person’s vehicle from starting if their BAC is over 0.25%. The court will require an interlock device for convictions of reckless and negligent driving.

The problem with the interlock device is that many drivers try to circumvent it because it is costly or because they want to continue their behavior. People have been known to have companions blow into the interlock device or they will drive someone else’s car.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle Personal Injury Law Firm and we represent people who have been seriously injured in motor vehicle accidents caused by drunken drivers and the family of those killed. With our help, you may recover compensation for your damages.

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Thanksgiving is a wonderful holiday that most Americans enjoy really look forward to. Most families cook a turkey and try hard to serve a turkey that is moist tender and juicy.

In the past few years, home chefs have embraced deep frying the turkey because it does not require as much cooking time than other methods such as baking or grilling on a rotisserie and it leaves the meat juicy with a crispy skin.

Deep frying turkeys can be delicious but every year fires related to turkey fires result in approximately five deaths and 60 burn injuries and the damage or destruction of nearly 900 homes.

These facts are pretty scary but they should not deter you from frying your turkey if this is your preferred cooking method. However, you should follow these safety tips:

• Never fry a frozen turkey. Defrost your turkey fully before frying.
  
• Watch the oil thermometer. You should keep your frying oil around 350 degrees. Allowing the oil to over heat to 400 degrees or more can cause a fire.
  
• Don’t overfill the fryer with oil. If you put too much oil in your turkey fryer and then add your turkey, it will overflow and the oil can come in contact with the flame and catch on fire.
  
• Do not fry your turkey indoors. You should fry your turkey away from garages, wooden structures and the deck so that if it catches on fire it does not catch your home on fire. You should never fry your turkey inside.
  
• Keep a fire extinguisher handy.
  
• Wear proper protective gear including heavy gloves or oven mitts and wear proper shoe coverings.
  
• Lower and remove the turkey slowly to avoid splashing.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered burn injuries due to car accidents, industrial accidents and household accidents.

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The American College of Obstetricians and Gynecologists (The College) and the American Urogynecoloc Society (AUGS)recommends that synthetic mesh placed vaginally to treat pelvic organ prolapse (POP) should only be performed on women that surgeons deem "high risk" whose benefit from the surgery outweighs the risks. This is only one of the recommendations of The College and AUGS involving this surgical procedure in wake of many women coming forward with continuing pain after the corrective surgery and other complications.

The joint committee of The College and AUGS is also calling for a development of a national registry to track the outcomes of patients who have been or will be treated with surgical mesh.

More than 350,000 women have surgery for POP every year in the United States. POP is a condition in which the muscles in the pelvis become torn or stretched and organs in the pelvis can bulge into the vagina. A leading cause of POP is childbirth but other factors such as obesity, constipation, coughing, aging and physical activity can contribute to the condition.

Surgical mesh was first introduced to repair POP in 2001 and it was cleared through the FDA 501(k) premarket notification system which is the "fast track" for a product to get FDA approval. The approval was based on the vaginal mesh being "substantially equivalent" to the surgical mesh used in hernia repair. Products introduced to the market using the 501(k) approval do not have to go through clinical trials and provide data which supports the safety of the medical devices.

Another recommendation by The College and AUGS is that surgeons be trained specifically in the procedure to place the device. Many suspect that one factor in the device failure unskilled surgeons performing the operation.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm and we represent people who have been seriously injured due to dangerous or defective products.

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Patients in Washington state and throughout the Northwest are not the only ones mulling over their options after the ASR XL Acetabular and Hip Resurfacing Systems hip implant was recalled after many patients had very serious health repercussions due to the faulty design of the hip implant. Common complications include swelling, loosening of the joint, severe pain and fractures. More serious complications include metallosis which is metal poisoning.

In Australia, their senate is mulling over whether they want to mandate that doctors be forced to report problems that they observe with medical devices. This comes after the DePuy hip implant failed in about 5,000 Australian patients who received the device and these same patients have initiated a class action lawsuit.

One of the Australian senators said that he believes that the Therapeutic Goods Administration (TGA), a consumer watchdog agency which is similar to the Federal Drug Administration here in the U.S., "failed consumers".

One Australian news agency went so far as to call the massive DePuy failure a "scandal".

The community affairs committee of their Senate is recommending a couple of major reforms in the Australian healthcare system including:

• Mandatory reporting -- Requires all health practitioners report adverse results from medical devices to the Therapeutic Goods Administration (TGA).
  
• Transparency -- Eliminates financial incentives paid to doctors by medical device manufacturers and pharmaceutical companies to use their products.

Looking at Australia from the U.S., it seems like their TGA did a better job than the FDA did here in the U.S. as the DePuy hip devices were pulled from their market while they were still being implanted here in the U.S.

Source: "Doctors could be forced to report faults", news.com.au, 11/22/11

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm representing patients with failed DePuy hip implants in the greater Seattle area and throughout the Pacific Northwest.

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The United States has made huge strides against drunk driving. In the past 50 years, the number of drunk driving car accident deaths have dropped from 25 thousand deaths a year to 10 to 11 thousand deaths per year. Still, according to the Centers for Disease Control (CDC), there are 110 million instances of drunk driving in the U.S. every single year.

Compared to other countries, the U.S. is very permissive about the driving under the influence says the author of a new book, "One for the Road -- Drunk Driving Since 1900", Barron H. Lerner, a Columbia University Professor. Says Lerner, "You can still drink an awful lot in this country and get into your car and drive legally."

In his book, Lerner says that while the U.S. allows a driver to have up to a 0.08% blood alcohol content (BAC), countries like Sweden and Norway are considerably more strict and their legal limit is 0.02%.

Lerner conducted an experiment upon himself and found that it took about 5 shots of alcohol for him to reach a BAC of .08% and he found himself "pretty wasted" at that point. Still, he says, had he had one fewer drinks and a BAC of .075%, he still would have been to drunk to drive.

In his fascinating book, Lerner discusses the attitudes towards drinking and driving in this country. For example, he does not feel like there is the political will in the country to lower the blood alcohol limit for driving so he opens that new technologies like breathalyzers may be part of the solution to the problem.

The author feels that Americans should more heartily embrace the concept of a designated driver. He says Americans are still reticent to designate a non-drinking driver while in other countries designated drivers are enthusiastically embraced.

Lerner says that 50 years ago, a victim of a drunken driver was viewed at someone "in the wrong place at the wrong time" or someone "whose time it was to go."

At The Farber Law Group, a Bellevue personal injury law firm, we represent victims of drunken driving. Many of them have serious injuries due to the negligent behavior of the person who decides to get behind the wheel and drive while intoxicated. With our help, victims can recover their damages which includes medical expenses, lost wages and for pain and suffering.

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A convicted sex offender who was released from a state penitentiary and moved to a nursing home has been returned to an Iowa Correctional Facility and stands trial for allegedly for sexually assaulting an elderly woman in the nursing home.

William Cubbage, a repeat sex offender with charges spanning nearly 60 years, was allowed to enter the Pomeroy Care Center, an elderly care facility, when he was released from the penitentiary after serving nine years there. A state psychologist had said that the state believed that Cubbage had molested a "large number of female children" that he had never been charged with victimizing and recommended against him being released. However, state officials deemed Cubbage as unlikely to sexually re-offend due to his age, which is 83.

Cubbage was re-arrested after an 8-year-old girl visiting someone at the nursing home reported that she had seem him molesting an elderly woman who was reportedly telling him, "no, no no!" The woman had physical injuries to substantiate the abuse charge.

This apparently was not the only incident in which he accosted other residents in the nursing home. He also reportedly chased children in the facility when they were there with a school group visiting residents.

It is very troubling that a convicted sex offender be allowed to enter a nursing home to prey on vulnerable residents and have access to children who might be visiting, especially against the advice of two state psychological examiners. It seems like many systems here have failed to both protect nursing home residents but to protect children as well.

A report in The Register says that there were 27 sex offenders living in care facilities in Iowa alone. one wonders if the State is dumping sex offenders on nursing homes who ill-equipped to monitor them.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent residents of nursing homes who have been subjected to abuse or neglect.

Source: DeMoines Register "Register exclusive: Sex offender back in locked unit" , 11/19/11

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A construction worked from Montana has received a $9 million medical malpractice award by a federal court jury who agreed with his contention that Campbell County Memorial Hospital and the ER doctor who cared for him following a rollover truck accident were negligent in failing to diagnose his broken neck.

Louis Prager was injured in December of 2008 when his company vehicle skidded off an icy road and road. Prager told emergency personnel who took him to the hospital that he had pain to his neck and shoulder and they placed a cervical collar on.

Dr. Brian Cullison, the emergency room physician ordered x-rays and CT scans of Prager's spine, head and facial bones but neglected to order the tests for his neck. He discharged Prager from the hospital on the day of the accident without a complete diagnosis and without a cervical collar.

Prager returned to the hospital four days later after he experienced extreme pain in his neck and shoulder and it was at that time that he was diagnosed with a broken neck. Unfortunately, because his neck had not been stabilized immediately, he suffered permanent nerve damage.

The jury awarded Prager $7 million and his wife $2 million for loss of consortium.

This was the largest medical malpractice award in Wyoming history.

Often people have the misconception that medical malpractice only occurs when a physician or hospital does an overt act such as dispensing the wrong medication but failing to diagnose can delay treatment which can result in death or a worsening injury as in this case.

In a "failure to diagnose" case, the important test is "Did the delay in diagnosis made a difference?"

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent victims of medical malpractice and their family.

Source: Trib.com Feds agree to $2.15 'failure to diagnose' medical malpractice settlement
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Marie-Therese Connolly, the director of Life Long Justice,a non-profit which works to protect the elderly, describes the sometimes hidden signs of elder abuse. She says bruises in unlikely places such as the bottom of the feet, genitalia, head, neck and inner thigh can often be a sign of elder abuse.

Other signs of elder abuse can include unexplained urinary tract infections, falls and bed sores.

Life long Justice provides some chilling numbers about elder abuse. According to their web-site:

• up to 11% of people ages 60 and over are victims or elder abuse, neglect or exploitation
  
• Nearly 50% of dementia patients that live at home are abused or neglected
  
• Elder abuse is grossly under-reported, LLJ say that for every reported case, 23.5 cases are not reported.
  
• 50-90% of nursing homes do not have adequate staffing which can lead to neglect.

Connolly, who recently was named a MacArthur fellow, is working to educate the medical professionals and the public the signs of elder abuse. She advances the use of forensics and research so that abuse can be detected and responded to. She says:

 "Advancing forensic knowledge is important so social and protective services workers, physicians, emergency room personnel and prosecutors know what to look for and what kinds of questions to ask about injuries."

For more information, see the Life Long Justice web-site.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent the victims of elder abuse and their families.

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Voters in every county in Washington state voted for Initiative 1163 which would more than double the training requirement for long-term healthcare workers from 34 to 75 hours.

The Initiative also requires criminal background checks of workers and also require that they be certified.

The Farber Law Group was in support of this initiative. It is important that people working with some of our most vulnerable citizens, the elderly and disabled, have a high degree of professionalism and training. A Department of Health and Human Services study recently sampled 260 nursing homes and found that, of the 260 nursing homes sampled, that almost all had one more criminal convictions.

Criminal background check of prospective employee will help prevent nursing homes from hiring those that have been previously found guilty of abusing, neglecting or mistreating the residents under their care.

Nursing home patients often are victims of both abuse and exploitation. Nursing home abuse is a serious problem and it can include sexual abuse, bedsores, and neglect.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been victims of nursing home abuse and their families.

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Voters in three Washington state cities, Bellingham, Monroe and Longview, voted to ban red-light cameras in elections yesterday.

According to The Seattle Times"Voters put a stop sign on red-light camera use", 65% of the voters in Monroe and 60% of the voters in Longview voted to discontinue the use of red light cameras in their cities. Voters in Bellingham voted 65% against starting a red light camera system.

Last week in Redmond, the city council voted to discontinue red light cameras in that city.

It's interesting to note that voters in Longview, ok'd continuing traffic cameras that catch speeders in school zones.

Washington state is not the only state in which red light camera bans have been put forth to the voters. In Ashtabula, Ohio, 60% of the voters voted for an addition to the city charter stating the city "shall not use any traffic law photo-monitoring device" unless a police officer is also there to write the citation.

Red light cameras have been controversial for sure. One study cited by the Insurance Institute for Highway Safety found that red light cameras change driver behavior not only at the intersections where they are installed but throughout a city. Opponents say they actually cause accidents.

Why the voter backlash against red light cameras? The crux of the arguments against the cameras seem to be that:

• Cities are using the cameras as a revenue-generating device.
  
• People feel that since citations are sent to the registered driver, sometimes weeks or months after the fact, the car owner is stuck paying the ticket because he or she cannot always remember who was driving the car at the time the ticket was issued.
  
• Many tickets are "technical" and issue citations for motorists won't don't stop long enough or not in the right position.
  
• Motorists are issued school zone tickets even when children are not present.
  
• The cameras can be a distraction to drivers.

The red light camera issues is a contentious one and with a strong movement opposed them, you'll probably be voting on them in your city before too long.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed. With our help, you may recover compensation for your damages.

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The Washington State Patrol just released a media release about the dangers of drowsy driving. According to the WSP, driving drowsy can be just as dangers as driving under the influence or driving distracted.

The WSP reports that 17 people were injured and 74 people were seriously injured in 2010 in Washington state due to motor vehicle accidents in which a driver was driving while drowsy or fell asleep at the wheel. Sleep deprivation is one of the top causes of car accidents and people who are tired and drowsy have impaired brains in the same way that alcohol can impair a brain.

“It always breaks my heart to hear that someone was killed or injured because a driver fell asleep at the wheel; these are totally preventable deaths and collisions,” said Chief John Batiste, Washington State Patrol.

Drivers know when they are driving drowsy. The signs are unmistakable: having trouble keeping eyes open, problems keeping the head up, drifting from their line, swerving, tailgating, missing traffic signs, driving past their exit, inability to remember miles driven and feelings of restlessness. These are signs that drivers must pay attention to.

Drivers who fall asleep often are involved in single car accidents in which they go off the road and hit a tree, a telephone pole or land in a ditch. Drivers who are sleep deprived have impaired coordination, longer reaction ties and impaired judgment. Sometimes they kill their passenger, their baby or a spouse. Sometimes they kill bicyclists or people walking along the road or innocent people in another passenger vehicle.

Driving while drowsy is not only dangerous but it is illegal. If a driver is so drowsy that they fall asleep at the wheel or cause an accident, they are failing to exercise due care and they can be charged with negligent driving. Last week, a Seattle motorcyclist was sentenced to 16 months confinement because she fell asleep during a cross-country motorcycle race and hit and injured two bicyclists causing serious injuries.

The U.S. Department of Transportation has been working hard to reduce sleep-deprived driving in the commercial trucking industry by requiring physical exams, screening for sleep apnea and requiring rest periods.

The Washington State Patrol provides the following safety trips for motorists to avoid accidents:

• Make sure you are rested before taking a road trip
  
• Stop for breaks
  
• Tag team driving with a buddy
  
• Take a break every 100 miles or 2 hours
  
• Take a 15-20 minute nap if you feel drowsy
  
• Avoid alcohol and medications that cause drowsiness
  
• Don't drive at time when you would normally be sleeping

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

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If you’ve ever been in an accident and tried to collect an accident settlement from an attorney, then you know just how complicated, stressful and frustrating the process is. What should be a matter of asking and receiving the correct amount of money for your accident settlements is actually much more complicated than that and not nearly as straightforward as you may think.

The truth is, if you know what you are doing, you should be able to negotiate the right accident settlement without even hiring an attorney.

You may be wondering why that would be a good option. In fact, it often seems as though you would want a lawyer on your side during such a complicated process. There are a couple reasons hiring an attorney is not necessarily the best idea.

For one thing, you have to consider the cost. It may not be a financially sound decision to hire an attorney if your expected settlement is not that much. Remember you will always get less if you hire an attorney. Not to say they aren’t worth the money in some cases, but if you don’t get enough, you could end up spending money instead of receiving when it’s all said and done. A lawyer may be able to get you a higher accident settlement amount, but after they take their fee off the top, you end up with less than the lower amount you would have gotten on your own.

The other reason is that many personal injury cases are not as difficult as they may initially appear; in fact it’s often a straightforward process. If it’s a clear cut case of the defendant being at fault, getting an accident settlement amount that is fair should not be much of a problem.

When should you hire an attorney when dealing with accident settlements? If you aren’t absolutely sure the other party is fully to blame, and possibly if the dollar amount is large (more than several thousand dollars). In these cases, an attorney can make a difference. You can always hire an attorney if you think it’s necessary during any part of the process so if you start to feel like you’re unsure of what you’re doing, contact a lawyer.

Accident settlements don’t have to be complicated, and you have plenty of options to make sure you are compensated for your injuries.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents due to the negligence of another.

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While driving has become a convenient and necessary part of our daily lives, you run the risk of getting in a car accident every single time you get behind the wheel, and even if you are just the passenger in someone else’s vehicle. In fact, almost everyone will be involved in a car accident at some point in their lives, even if it is just a small fender bender.

What most people don’t know is that even if your accident is minor, you may be eligible for a car accident settlement. A car accident settlement is what you are entitled to after an accident, but it doesn’t have to just be for car or medical damages; it can be for emotional hardship as well.

Anyone can file a lawsuit against their own insurance company, another driver’s insurance company or the other driver personally if they don’t have insurance. The car accident settlement will determine how much you end up with for your trouble.

Is it a good idea to file a claim for a car accident settlement? It depends. While it’s relatively easy to determine how much damage has been done to your car, or how much your medical bills cost, other factors can be harder to determine. Is an accident that was not your fault causing you to miss work? If you can’t go to work, you can’t make money, and someone has to make up for that. Are you going through a lot of emotional stress due to being in the accident? Were children involved? These are all questions you have to ask yourself before deciding to file a claim.

The best way to determine if you are a candidate for a car accident settlement is to contact an attorney. An attorney who specializes in accident claims or personal injury suits can give you all the information you need. They’ll know the right questions to ask to determine if you should proceed, and they’ll be able to help you take the next step if necessary. If you decide to file a claim, the best way to ensure your car accident settlement is fair is to hire a lawyer who is familiar with your case.

You don’t have to sit back and take whatever an insurance company says you deserve if you’ve been in an accident. You can fight back.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who were killed.

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A personal injury is any kind of accident where you are injured. If you have an accident and feel another party is at fault, you may decide to file what is called a personal injury claim in order to be compensated for damages that may occur from medical or emotional costs associated with the accident.

There are many types of personal injury claims, and while you can file a personal injury claim for just about anything, the most common types of claims are those that involve car accidents, work related injuries, slip and fall accidents, accidents in your home and holiday accidents. Others include product liability claims such as when you are injured from a defective product that you have purchased.

When you file a personal injury claim, you are asked to describe the accident, and provide a dollar amount that you think is suitable compensation. This can include medical and dental bills, money lost due to time missed from not being able to work, or even emotional damage if you can prove your accident caused you emotional or psychological stress.

While filing a personal injury claim seems like a straightforward process, it’s actually very complex and often a controversial topic, with many politicians and attorneys calling for caps on the amount that someone can receive due to a personal injury claim.

If you think you have been in an accident that is clearly the fault of some other party whether it is a business, company or another person, you have the right to file such a claim. The best thing to do first is to note all of your injuries and keep good records of every step of your process. If you have seen a medical doctor, keep good records of the diagnosis.

You will probably find navigating the system on your own challenging and frustrating, and in this case, you may need to hire a personal injury lawyer to give you advice on what to do next, how much your case is worth in damages, and any providing you with any other necessary information to make the process of filing a personal injury claim run smoothly.

If you are hurt in any type of accident, you should not just sit idly by if someone else is clearly at fault. A personal injury claim can make sure that you receive the proper compensation for your accident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have serious personal injuries due to the negligence of another.

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If you have some kind of accident, such as a car accident, workplace accident, or even if you slip and fall on someone else’s property, you may suddenly find yourself trying to learn all you can about personal injury law.

Personal injury law covers personal accidents and damages that can be awarded when claims are made.

While you can file a personal injury claim for any type of accident, there are some things you should understand about personal injury law and how you can win your case.

For starters, accidents do happen, but sometimes they are just that-accidents, meaning no one is to blame. In these cases you probably won’t get far in the way of a personal injury claim.

If you file a claim and expect to be compensated for damages, you need to be able to clearly demonstrate that the party you are filing the claim against could have prevented the accident. For example, if you are walking down the street and fall on the sidewalk in front of someone’s house because you simply weren’t paying attention to where you were going, you are probably going to have a hard time getting a settlement from the homeowner. If, however you fall because the homeowner failed to remove a branch, or ice, or something else from the sidewalk and you fall, that homeowner may be responsible for your accident and may have to pay your medical bills or any other costs associated with the accident.

While this may seem like simple logic, personal injury law is a complex, and sometimes controversial topic. Many politicians feel that the amount of damages one can receive in a personal injury claim should be capped to a certain amount. Different accidents require different things however. Maybe you not only have medical bills from an accident, but you also can’t return to work due to a hospital stay. You lose money by not working, should the responsible party not be held liable for these damages as well?

Personal injury law is hard to navigate, and for that reason, if you feel like you need to file a personal injury claim, you should immediately contact a lawyer for advice. The lawyer can tell you what they think your chances are of a settlement and what the next step should be. You should get compensated if you have an accident that is not your fault, and a lawyer can help make that happen.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to construction accidents, motor vehicle accidents and slip trip and fall accidents.

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Having a slip and fall accident is not an uncommon occurrence; thousands of people slip and fall every single year due to all kinds of causes. It can be a work related injury, to falling on ice in front of someone’s house, or even falling down a flight of stairs at a friend’s house.

How do you know who is responsible if you have a slip and fall accident? If you have been injured in an accident of this type, you should first keep in mind that falls happen, and are a part of normal life. If you are going to file a personal injury claim for a slip and fall accident, you have to first prove that the party you are suing is responsible for negligence in some way. This can mean that they didn’t shovel their sidewalk, or something spilled in a business location and it was not cleaned up right away and there was no notification that a fall was a possibility. If you fall on someone else’s property because you tripped over drainage grates for example, which are necessary and serve a purpose, the homeowner probably cannot be held liable since there is no negligence on their part to clean that up.

A property owner is not responsible if someone trips over something that they should know is there. For example simply falling down stairs is not negligence; this is a case of not watching where you are going. We all need to look where we step.

Of course, homeowners and property owners need to keep up their property. Proving a personal injury claim in a slip and fall accident can be difficult and murky at best; you will have to have some proof that the owner of the property where you fell failed to do something that would have prevented your fall. Clearing branches, wiping up spills, or dealing with weather related issues like snow or ice are all things that the owner could be held responsible for. If you fall because you weren’t paying attention to where you were going, you’re probably not going to have much of a case.

In short, slip and fall accidents happen, and if someone could have prevented it and failed to, they should be held responsible. If you simply failed to watch out for yourself, you should have to incur all damages yourself.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to a slip, trip or fall accident.

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Workplace injuries are fairly common, and the cost of these accidents cost companies and businesses billions of dollars each year. Your workplace has probably dealt with a workers compensation claim at some point, and if they haven’t yet, they probably will.

The key to understanding workers’ compensation law is as simple as understanding one thing: Employees want to avoid lawsuits that could cost them a lot of money and in some case shut them down. If an employee gets injured, the workers compensation acts as insurance against that; it pays medical bills and missed work costs so that the employee doesn’t have to take the claim to court.

Of course, like any law, there is more to workers compensation law than just that, but that is the basic principle.

Workers’ compensation law basically follows a “no fault” rule that means they have to give workers’ comp benefits no matter who is responsible for the accident. There are instances where this rule may be waived; for example if an employee injures himself because of excessive drug or alcohol use, or if they cause the injury themselves, they are not eligible to file a claim. Hurting yourself while not at work generally takes away your right to file a claim, as does having an accident while you are committing a crime. The exact rules of workers’ compensation law differs from state to state, so you’ll need to check your state’s law to find information on whether or not your particular injury is covered.

In some states, certain kinds of employees are not eligible for workers’ compensation. Volunteers, domestic servants, contractors, farmers, or consultants may fall into the category of not qualifying for benefits. If you only work part time, you may not qualify either. So you should check with your employer or your attorney if you are unsure, especially if you have a particularly dangerous job where you may be more likely to hurt yourself. A farmer for example has a lot of potential to injure himself on the job; not being covered under workers’ compensation law can be devastating in the event of an accident that keeps him from working. Always make sure you have a plan in case something tragic was to happen and you can’t work.

Workers’ compensation law doesn’t have to be hard to understand, but you should always know your rights before you have an accident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in on-the-job-accidents and the family of those killed.

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In August 2010, the DePuy Orthopaedic division of Johnson & Johnson recalled the ASR XL Acetabular and Hip Resurfacing Systems due to a high failure rate compared to traditional hip implants. Patients fitted with the DePuy implants were advised to meet with their orthopedic surgeons to determine if they might require a hip "revision" or the replacement of their hip prosthesis.

The DePuy hip implants were touted by the company as the device that should be used in younger and active patients because the metal-on-metal design would have a longer life and the design would allow the patient to remain active.

Unfortunately, studies have shown that the metal-on-metal design of the hip implant caused cobalt and chromium ions, or metal artifacts, to be released into the patient's tissue which caused a number of complications.

One complication is that metal released in a patient's system can cause pseudo-tumors or granulomas. A granulomatous reaction can occur when immune cells called macrophages wall off foreign substances that the body is unable to eliminate. In the case of the metal-on-metal hip implants, the masses can form as an immune reaction to metal debris. These pseudo-tumors can also contain necrosis, or dead cells.

If a pseudo-tumor grows large, it can cause loosening of the hip joint and it can eat away at the bone.

What tests can determine the presence of a pseudo-tumor?

Doctors have several tests which they can use to determine what is causing a patient's symptoms or to see how the hip implant is doing.

Sonography/Ultrasound

Sonograms is a diagnostic tool that is non-invasive and uses sound waves to generate an image that a medical profession can uses to assess and diagnose. It can be used to look at soft tissue masses and bone surfaces. It is often used as an initial screening tool as it is inexpensive and easy to perform.

Magnetic resonance imaging (MRI)

MRI's can be costly exams but they are able to provide detailed visualizations of internal structures. They can show reactive masses such as pseudotumors because they can show contrast of the different soft tissues of the body.

CT Scans/catScan

A CT scan can also be a useful tool with its 3-D imaging to show pseudo-tumors. However, the MRI provides a greater contrast between the various soft tissue.

Blood Tests

DePuy hip implant replacement patients are also advised to have a blood test which can determine whether there is an excess of metal in the bloodstream. Some patients with the DePuy hip implant have been found to have cobalt and chromium levels at more than 100 times a normal level. Metal at high levels is known to be a cancer causing agent.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represents patients throughout western Washington and the Pacific Northwest who have had their DePuy artificial hip recalled.

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