Missouri Injury Lawyers Blog

A couple from Columbia and a woman from Moberly were taken to the hospital after a wreck in Boone County at Route B and Highway HH early Thursday. The Missouri State Highway Patrol reported that Sara Forsythe, of Moberly, hit a car driven by Hattie Fletcher of Columbia. Mrs. Fletcher's passenger, Thomas Fletcher, was also injured. Both vehicles were totaled and emergency workers had to extricate all three from their vehicles. Forsythe had moderate injuries and was transported to Boone Hospital Center. The Fletchers were taken to University Hospital, also with moderate injuries. ABC17 news reported the story on their website.

Car accidents are serious matters, they may be one of the most traumatic and unfortunate situations you may find yourself in. Such accidents happen in a variety of ways such as rear-end collisions, intersection collision, t-bone accidents, roll-overs, or hit and runs. However, not all car accidents are because of the actions of another driver, but may be the result of a defective product such as a tire, brakes, or defects in the roadway. Many times the cause of an accident is more complex than they initially appear, or may be the fault of more than one party.

These types of cases also include issues of insurance both on the parties causing the harm, as well as first party insurance issues involving uninsured or underinsured motorist claims by the person who was injured against their own insurance policy. These situations arise when the person or persons causing the harm do not have any insurance or not enough insurance, to adequately compensation for the harm caused. For the cause of the car accident is more complex than driver error, the time to appropriately obtain and secure evidence can be critically short especially in cases involving defective products such as defective seatbelts, airbags, tires or gas tanks, or in situations involving large companies who operate tractor trailers, or train companies.

Although the injuries from car accidents can be devastating or result in loss of life, it is important that the people involved in car accidents protect their rights by pursuing professional help as soon as possible.

Toy R Us, with locations in St. Louis, Kansas City, Columbia, Springfield and Joplin, Missouri has taken action to help prevent personal injury to children. Toys R Us in a display of corporate responsibility and positive community action will allow consumers to trade in used cribs, car seats and other baby products for discounts on new items in those categories. As reported in the Wall Street Journal article, Toys 'R' Us Offers Discounts In Exchange for Used Items Toys R Us was acting because of the large number of recalls in these product categories. This effort will certainly help reduce the number of products that are sold as used that may be unsafe or even defective and subject to recall. This effort by Toys R Us will hopefully result in other businesses taking a proactive approach to safety.

Missouri parents should check the Consumer Product Safety Commission (CSPC) web site prior to buying any crib, car seat or other similar child products to see if there has been reports of injury or recall related to the brand and model at issue. Parents who discover an unsafe condition can also report this through the CSPC web site, which will help prevent personal injury to other children.

If you have experienced the tragedy of your child having been seriously injured or killed by an unsafe product then you may have a claim for personal injuries or wrongful death.

Missouri law allows a person capable of proving harm as a result of a defective product to recover. Typically these cases are brought under three primary legal theories: strict liability, negligence and breach of implied warranty.

To recover under a strict product legal theory the injured party must prove that the defendant sold the product, that the product was in a defective condition unreasonably dangerous when put to a reasonably anticipated use, that the product was used in a manner reasonable anticipated and that injury was suffered as a direct result of the defective condition.

To recover under a negligence theory the injured party must prove that the defendant sold or furnished the product, that the product was dangerous for its reasonably anticipated use, that the product was used as reasonable anticipated, that defendant knew or by use of ordinary care could have known of the dangerous condition, that the defendant failed to warn of the condition, that the defendant was thereby negligent and that the injured party suffered damages.

Continue reading "Missouri Parents Get Discounts for Trading In Unsafe Products" »

All across Missouri children are heading back to school. Children love playgrounds, where they can slide, swing, climb, run and have fun. However, the U.S. Product Safety Commission reports that more than 200,000 playground accidents occur annually. Many of these incidents require serious medical attention. Even more tragic are the cases of the more than 15 children a year who die on playgrounds.

To make sure your child is safe at school, public playgrounds and home follow the recommendations of the National Program for Playground Safety. The National Program suggests that all play be supervised by an adult, that children play on equipment that is age appropriate, that equipment be monitored for needed repair, and that ground surfaces have debris such as glass removed before play begins.

If your child is injured because of a defective playground, you do have legal rights to pursue damages for your child's injury. Hopefully you won't need this legal remedy if these precautions are followed by Missouri schools and parents supervising play.

As reported in our earlier blog Texting Causes Car Accidents, studies show that texting while driving is very dangerous. Missouri law makers have acted to curb this danger with new legislation. On August 28th, 2009, House Bill 62 will go into effect and it will become a criminal offense in Missouri for drivers under the age of 21 to text while driving. While the legislature should be commended for responding to this safety hazard, the law misses the mark. The legislation should have made it illegal for anyone to text while driving. Texting while driving is just as dangerous for people over 21 as it is for people under 21. The age constraint will also make it difficult for law enforcement to enforce, as they are unlikely to pull over drivers they see texting unless the obviously appear under 21. The legislature should move quickly to correct this deficiency. Full implementation of this law could prevent car accidents, personal injuries and save lives.

"Show Me," Missouri's favorite refrain requesting visible proof, just won't work with a propane leak. Propane is a colorless and odorless gas that is commonly used in homes, boats, recreational vehicles and outdoor grills. Propane is very dangerous if it is not properly contained. While almost four times as many people use natural gas as opposed to propane, propane is responsible for four times the number of fires, thirteen times the injuries and 100 times more fatal injuries as natural gas.

Although propane is stable when exposed to air it is a heavy gas and can accumulate in low lying areas such as basements and floors. When sufficient propane accumulates, it causes explosions if ignited.

Leaks occur for a number of reasons including faulty equipment, holes, and poor installation. Leaks also occur because of defective tanks, regulators, hoses, and other materials. Propane leaks may be present for weeks without any indication of a problem, due to the usual stable condition of the gas.

Continue reading ""Show Me" No Help for Propane Explosion " »

In 1997, the Missouri State Highway Patrol created the Major Crash Investigation Unit (MCIU). Currently, the Highway Patrol has twelve officers assigned to four Major Crash Investigation Units, located strategically throughout the state. The primary mission of the MCIU is to investigate and provide detailed reporting of serious crashes involving multiple fatalities, commercial motor vehicles and crashes resulting in felony criminal charges. The crash teams also assist other law enforcement agencies with serious traffic crash investigations and critical crime scene mapping. The teams utilize Total Station technology, which allows for the accurate and fair depiction of a crash or critical crime scene diagrammed to scale. Each officer is trained in the human, mechanical and environmental factors of traffic crash investigation. They are considered court experts in the field of traffic crash investigation.

Victims of serious injury and their families often do not know of the existence of these very valuable total reconstruction reports prepared in certain cases by the Missouri State Highway Patrol. These reports completely detail the scene, and the crash team is usually on the site immediately. It is very important for this team to document the debris, gouge marks and other physical information. By the time injured parties have recovered enough to consider their options of recovery, in many cases, the physical evidence is gone and sometimes the road has even been changed.

These reports are available from the Highway Patrol, usually within six weeks of the date of the accident, and may be obtained together with all photographs taken by the investigation team at a very nominal cost.

The Missouri Supreme Court in Jones v. Mid-Century Insurance Company, 209 WL 187211 (Mo. banc 2009) appears to have ruled that set off clauses in underinsured motorist policy provisions are now void as against public policy because the clauses that limit coverage are illusory. If these clauses are enforced, the insurer will never have to pay the total amount of the underinsured motorist coverage.

In the Jones case, the person who caused the injury to the Plaintiff had $50,000.00 worth of liability insurance and the Plaintiff had $100,000.00 of underinsured motorist coverage. The Plaintiff's insurance company claimed it only owed the Plaintiff $50,000.00, which was the difference between the $100,000.00 and the amount the Plaintiff recovered from the liable person's insurance. Almost all underinsured motorist coverage policies contain setoff provisions that to date have largely been enforced by appellate courts.

Continue reading "Have Set Off Clauses Applicable to Missouri Underinsured Motorist Coverage Gone the Way of the Do-Do Bird?" »

Recently a man from Theodosia, Missouri was injured in a car accident in Taney County. George Emerick was headed westbound on Highway 76 outside of Branson when an oncoming car crossed the centerline and hit him head on. The driver of the car that hit him fled the scene. See the Springfield News-Leader story, "Man Injured in Taney County Accident."

The driver of the car who hit Mr. Emerick is in serious trouble if the authorities are able to locate him. He would be ticketed not only for causing the crash, but it is a criminal offense to leave the scene of an accident. But what happens if that driver cannot be found? Whose insurance pays? Uninsured motorist coverage may cover this claim. To learn more read Uninsured Motorist Coverage on the Injury and Insurance Blog.

Missouri is known for its beautiful lakes and scenic waterways and water recreation is a popular way to cool off on those hot and sultry Missouri afternoons. However, summer fun can quickly turn to tragedy for the unwary.

Drowning accidents claim the lives of thousands of people each year. The Centers for Disease Control and prevention (CDC) reports that in 2005 alone, there were 3582 fatal unintentional drownings in the United States, and an additional 710 people died in boating related incidents. In 2006, the U.S. Coast Guard received reports for 4967 boating incidents. Among those who drowned, 9 out of 10 were not wearing life jackets. More than one in four fatal drowning victims are children 14 and younger. Most drownings in those over 15 years of age occur in natural water settings such as lakes, rivers or the ocean.

Some of the major risk factors in drowning accidents are (1) lack of appropriate barriers and supervision; (2) age and recreation in natural water settings such a lakes, rivers or the ocean; (3) lack of appropriate choices in recreational boating; and (4) alcohol use.

What can you do to prevent water related injuries:

Designate a responsible adult to supervise young children while in or around water.

Always swim (or boat) with a buddy

Learn to swim. Be aware that the American Academy of Pediatrics does not recommend swimming classes as the primary means of drowning prevention for children younger than four.

Learn cardiopulmonary resuscitation (CPR)

If you have a pool at home, install a fence that completely separates the house and play area of the yard from the pool area. Also consider additional barriers such as automatic door locks or alarms to prevent access or to notify you if someone enters the pool area.

If you are in or around natural bodies of water, always use U.S.Coast Guard approved life jackets when boating, regardless of distance to be traveled, size of boat or swimming ability of boaters.

Watch for dangerous waves and signs of currents.

Don't use alcohol. Alcohol influences balance, coordination, and judgment, and its effects are heightened by sun exposure and heat.




Continue reading "Summer Fun Turns Tragic in Missouri Drowning Accidents" »

Large trucks account for only 3% of the registered vehicles on America's roads and are primarily engaged in moving goods and services on our highways. Unfortunately, the trucking industry and its lobby regularly try to avoid safer driving practices because they want to keep profits high and costs low. The toll of this behavior is extremely high and is counted in broken bodies and lives.

About 5,000 fatal tractor trailer accidents occur each year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), 1 out of every 9 fatal accidents involves a tractor trailer. Missouri experienced more than 800 fatalities in 2008.

Of those killed in a tractor trailer accident, 76% were occupants of another vehicle, 9% were non-occupants, and 15% were occupants of the tractor trailer. This just goes to show that in a large truck accident, the victim is usually the driver of the smaller vehicle.
The fatality rate for tractor trailer accidents is nearly double that of passenger vehicles.
Over 440,000 accidents occur each year as a result of large truck accidents.
In about half of all fatal truck accidents, both the truck and the other vehicle were traveling in a straight line - no turns or curves in the road influenced the accident.
Most fatal truck accidents - 67% - happen during the daytime, and 61% of fatal truck accidents happen in rural areas. For more information on the danger heavy trucks pose visit National Highway Traffic Safety Administration.

The U.S. Consumer Product Safety Commission's has announced a voluntary recall by the CSPC and the manufacturer of Little Tikes workshop Sets and Trucks due to a choking hazard. The recalled workshop sets and trucks have oversized, plastic toy nails that can pose a choking hazard to young children. One choking incident has been associated with the product according to the CSPC report, although after hospitilization the child had a full recovery . More than 1.6 million units are part of the recall. For more in formation on this recall go to http://www.cpsc.gov/cpscpub/prerel/prhtml09/09304.html

Product manufacturers have an obligation to make their products safe for the products reasonably forseeable use. When it becomes known that a product poses a threat of serious injury responsible manufactures notify government authorities and recall the dangerous product. Manufactures who do not meet these responsibilities can be held responsible for the harm their products cause. To learn more about product liability law go here.

The Missouri Supreme Court recently decided against the insurance company regarding an Underinsured Motorist provision in an automobile insurance policy. The case was Jones v. Mid-Century Insurance Company, 2009 WL 187211 (Mo. Banc 2009). Underinsured motorist coverage is a type of coverage sold by insurance companies to protect motorists injured in automobile accidents if the driver that caused the accident did not have enough liability coverage to pay for the injured party's damages. In this case, plaintiffs Jones and Brown sued Mid-Century Insurance Company seeking $100,000 in underinsured motorist coverage under their automobile insurance policy. The insurance company claimed that the plaintiffs were only entitled to $50,000 each because they received $50,000 each from the person who caused the accident.

Missouri law is well settled that where one provision of a policy appears to grant coverage and another provision takes it away, the policy language will be considered ambiguous and construed in favor of the person who is insured under the policy. This is particularly true where, as here, Mid Century's interpretation of the policy language would mean that it never actually would be required to pay its insureds the full amount of underinsured motorist coverage that it purported to provide.

Missouri law only requires drivers or automobile owners to carry liability limits of $25,000 per person/$50,000 per accident . Even a minor accident can result in medical bills, lost wages and other losses that can easily exceed these minimum liability limits. For that reason, we recommend that our clients purchase underinsured motorist coverage to ensure that if you or your loved ones are involved in an automobile accident caused by another person, you have adequate insurance to cover your damages.

Continue reading "Missouri Supreme Court Decides Against Insurance Company" »

It probably comes as little surprise that a recent study found a strong link between texting while driving and car accidents. The study by the Virginia Tech Transportation Institute found that texting while driving makes a driver 23 times more likely to have an accident. Unfortunately, in one study 21% of drivers acknowledged that they emailed or texted while driving. This dangerous trend must stop or injury and fatality rates, which have been down generally in recent years will rise. It is also likely that causing an auto accident by texting will result in lawsuits seek punitive damages from the driver.

Generally punitive damages are only available if the persons actions rise to the level of willful or wanton acts or that the acts show conscious disregard for the safety of others. Given the high likelihood of a crash while texting and the tragic injuries than can result it's possible that texting while driving will be viewed by juries as negatively as drinking while driving. More information on the study can be found in the New York Times Article, " In Study, Texting Lifts Crash Risk by Large Margin."

On Monday, Dennis A. Rowe, 39 of Carthage, Missouri was sentenced to five years in prison by Jasper County Circuit Judge Gayle Crane. Rowe was convicted of second-degree elder abuse in June for his mistreatment of a brain-injured resident of the Carthage Health and Rehabilitation Center. Rowe reportedly struck the resident in the face and groin and forced water into his nose and lungs through his oxygen tubing. See the full news story published in the Joplin Globe, "Former Nurse Assistant Sentenced to Five Years for Patient Abuse.

Unfortunately, nursing home abuse is all too common. The elderly and mentally handicapped are an easy target since they often can't speak up for themselves. The Omnibus Budget Reconciliation Act of 1987 (OBRA) requires that facilities provide appropriate care and ensure that all alleged violations of mistreatment, neglect or abuse, including injuries of unknown source are reported immediately to the administrator of the facility and other official in accordance with State Law. See 42 C.F.R. Section 483.13 (c)(2). The facility must provide 24 hour care, and assess changes in patient conditions. See 42 C.F.R. 483.30(a)(1) and 483.20 (b)(4)(iv). If your loved one is being abused, the facility has a responsibility to discover, stop, and report the circumstances and injuries.

So, what should you do if you suspect that your loved one isn't getting the care that he or she deserves?

Continue reading "Former Nurse Assistant in Missouri Found Guilty of Nursing Home Patient Abuse" »

It is estimated that well over 300,000 boating accidents occur each year resulting in some sort of personal injury. The exact figure is difficult because many times no report is filed. The United States Coast Guard keeps statistics on fatalities and injuries and such incidents should be reported if there is a death, disappearance, and property damage in excess of $500.00 or medical attention beyond first aid.

Coast Guard statistics show that the major contributing factors to serious injuries and fatalities are alcohol use, reckless operation, and inexperience. In fact less than 10% of all reported death and Injury cases happened on vessels operated by persons who had boater safety training. Other common factors include:
• Driver error
• Drugs
• Excessive Speed
• Equipment failure
• Adverse weather and/or water conditions

As a general rule of law, a boat operator and its owner must exercise the highest degree of care to prevent injuries to those passengers in the boat or swimmers or others in the waters or boats around them.

Continue reading "Boating Accidents Take Heavy Toll" »

If you have been injured in a car accident in Missouri and the person that injured you has inadequate insurance to cover your loss there is the possibility of making an underinsured motorist claim. When a driver does not have enough liability insurance to cover your injuries you may look to your own auto insurance policy if you purchased underinsured motorist coverage (UIM). It is important to note that before you can collect from your own UIM insurance you must exhaust the available policy limits of the person who injured you or obtain permission to settle from your own insurance company. The failure to exhaust the limits or obtain consent can be fatal to your claim.

Wrongful deaths are always unexpected, leaving families unprepared for the overwhelming grief and complex issues that arise. The pain of losing a loved one is often immobilizing and the pressing concerns of loss and burial are overwhelming. Survivors face many important legal decisions that could have a significant impact on their family's financial future. These types of decisions are difficult enough without the mental and emotional strain of grief added to the mix. It is important that survivors know they are not alone during this extremely painful time and that there are laws that allow at least some measure of justice and compensation for this permanent loss.

Most people seek an attorney because they : have a need to know what really happened, they want to hold the wrongdoer accountable, they need help seeking compensation for the harm the wrongdoer caused, and they want to prevent the same harm from being done to others.

In Missouri, a wrongful death lawsuit claims that the victim was killed as a result of the fault of a person or business being sued, and that the victim's family is entitled to monetary damages as a result of the improper conduct. If the wrongdoer's conduct was done with a conscious disregard for safety, then additional damages may be awarded to punish the wrongdoer.

A successful suit allows the family to recover the financial loss, force the wrong doer to pay some compensation for the loss of a loved one, and can often bring to light a dangerous act, situation or product. These lawsuits can over time force changes that protect the lives of others so that the tragedy does not happen or is far less likely to happen again. To learn more, visit our Wrongful Death Claims FAQ page.

A major study of the Malpractice Insurance Industry finds that there is no basis to further limit liability of unsafe health care providers. The study undertaken by Americans for Insurance Reform find's that premiums and claims against doctors have dropped significantly in recent years, while the malpractice insurance industry enjoys extremely high profits.

Unfortunately, Missouri has already under gone brutal cuts in the rights of its citizens to hold unsafe health care providers responsible for their acts. The study found that states, like Missouri that had severe restrictions on malpractice claims have the similar medical error rate as states who have not adopted the harsh practices. The study further found that on an inflation adjusted basis malpractice insurance premiums are the lowest they have been in thirty years. The full study, True Risk: Medical Liability, Malpractice Insurance and Health Care can be read here.

The Missouri Supreme Court recently denied worker's compensation benefits to a Missouri man who suffered a knee injury at work. The case is Miller v. Missouri Highway & Transportation Commission, 2009 WL 1872108 (Mo. banc 2009). Miller, an experienced highway worker, elected to walk "briskly" to facilitate the completion of ongoing highway repair work. The worker was walking on an even surface at work when his knee popped. The court decided that there was nothing about his work that caused his knee to pop, therefore the court determined that work was not a prevailing factor to his injury and denied the workers compensation benefits.

The court based its decision on a 2005 amendment to the Missouri Workers' Compensation Act which narrowed the definition of "accident". An injury will not be deemed to arise out of employment if it merely happened to occur while working but work was not a prevailing factor and the risk involved-here, walking-is one to which the worker would have been exposed equally in normal non-employment life. However, every injury is different and some very similar injuries may be deemed to be compensable under the workers' compensation guidelines, even if the employer initially denies the claim.

If you are injured at work, report the injury to your employer immediately.

Continue reading "Worker is Denied Worker's Compensation Benefits for Knee Injury At Work" »