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Wheeling Personal Injury Law Blog

Manufacturers' responsibility in product liability

Consumers expect companies to uphold a certain standard of quality and care. Unfortunately, not every company hits the mark, and this negligence can sometimes lead to serious issues.

In certain instances, it may be possible to successfully argue a product liability case. However, understanding the liability level of a manufacturer is important.

About 20% of serious medical conditions misdiagnosed

No one knows your body quite like you, and when you feel less than your best, you probably schedule an appointment with your West Virginia physician so he or she can tell you what the problem is and how you can feel better. Regrettably, though, many doctors misdiagnose certain serious medical conditions, and when they do this, it can have serious and potentially even life-threatening repercussions. At Gellner Law Offices, we recognize that some mistakes by doctors constitute medical malpractice, and we have helped many clients figure out whether they have valid malpractice claims after a misdiagnosis. Not all inaccurate diagnosis is malpractice, but an inaccurate diagnosis could be medical negligence if the doctor fell below the standard of care.

According to AARP, medical diagnostic errors are entirely too common, with studies suggesting that they play a role in about 10% of all American patient deaths. Additionally, studies indicate that somewhere between 6% and 17% of all adverse events that occur in hospitals happen because of diagnostic errors, shining a spotlight on just how prevalent medical misdiagnosis actually is.

Is it a good idea to check for product recalls?

Like many other West Virginia residents, you expect the products you buy to be safe and free from any defects that can harm you and your family. Unfortunately, at the Gellner Law Offices, we have seen numerous cases in which a faulty product caused significant damages and injuries. You and other West Virginia residents may want to take precautions that include learning about recent recalls and accident reports before an accident occurs.

In most cases, you do not need to worry about the home appliances, power tools or food that you purchase. However, some products may carry unforeseen risks. Your favorite foodcould have come from a batch that was contaminated with the Listeria bacterium. The doll you bought your daughter for her birthday may have a part that easily breaks off and creates a choking hazard. Your new car could have a faulty brake system that goes out a few months after purchase. In any of these instances, you might not realize the product you brought home was harmful until after someone in your family became sick or was injured.

Can an auto accident blind you?

Unfortunately, the answer to the above question is yes. Should your eyes or head become injured in a West Virginia car accident, it could render you partially or totally blind either temporarily or permanently.

Ideal Eyecare explains that both a direct eye injury and a blow to your head could cause you to suffer retinal detachment. When this happens, your retina(s) become(s) partially or totally detached from the back of your eye(s), resulting in some or all of the following symptoms:

  • A sudden decrease in your vision
  • The appearance of a gray curtain in front of your eyes
  • Peripheral vision shadows or darkness
  • Light flashes in your vision
  • "Eye floaters" that impede your vision

Top 5 innovations that help keep motorcyclists safer

The freedom you feel when riding your motorcycle is like nothing else. The only problem is that this kind of freedom comes with a certain amount of danger.

However, designers and manufacturers are always thinking in terms of safety. Here are five innovations that will help you have a safer, more enjoyable ride.

Chemical exposure concerns for oil and gas industry workers

While it is no secret that certain West Virginia work environments are more dangerous than others, those who live and work near the state's oil and gas developments may face particularly high risks of chemical exposure and related health risks. At Gellner Law Offices, we recognize that prolonged exposure to certain chemicals and substances can have considerable effects on your overall health.

According to Scientific American, living near oil refineries has the potential to lead to a range of health complications, including elevated risks of migraines, dizziness and shortness of breath. If those who simply live near oil and gas developments face increased risks of health complications, those who work directly on these sites are even more at risk.

Identifying the signs of traumatic brain injuries

Whether people have been involved in a fender bender or a catastrophic collision, they may have acquired a traumatic brain injury as a result of the accident. Traumatic brain injuries may go undetected for several days, as the signs and symptoms could be mistaken for other illnesses. However, the sooner brain injuries are treated, the better chance patients have at achieving a full recovery. 

Brain injuries are caused by a  sudden blow or jolt to the head, which sends the soft tissue of the brain into the hard bone of the skull. Upon impact, the brain may become bruised, inflamed and start to bleed. Over time, the brain may swell, causing excessive pressure in the skull cavity that can lead to additional damage. 

Protecting your children by using car seats the right way

If you have children, chances are you own a car seat or two. Even though they are bulky, may be difficult to secure in your vehicle and inconvenient at times, their use is imperative to the safety and well-being of your children while traveling in a vehicle. At Gellner Law Offices, we are committed to helping people who have been victims of automobile accidents in West Virginia. 

One of the most common myths about car seat use is that as long as you are using a car seat of some kind for your child, he or she is safe. In reality, that car seat has to be the right size, style and model to accommodate your child's height, weight and physical needs. You may need to even account for the make and model of your vehicle to verify that the car seat you own can be properly fastened onto the bench of your car. If improperly installed, or if the car seat you have is expired our outdated, it can be counterproductive to your child's safety. 

Study highlights age-related distracted driving risks

For most people in West Virginia, Ohio, or anywhere in the United States, the thought of leaving home every day without their mobile phone in their hand, a pocket, a purse or other bag is all but nonexistent. Phones today are a part of everyday life but they can can cause dangerous situations problems for people while driving. Certainly, texting and driving is only one of a myriad of things that can be identified as distracted driving but it continues to be a problem across the nation.

USA Today recently provided a report summarizing the findings of a survey conducted by The Zebra, a company that provides rate quote comparisons for automobile insurance coverage. The survey found that texting continues to be the most common action taken by drivers on their phones. Taking photos and using social media are the next two most common actions taken by people while driving. Amazingly, watching videos or streaming other shows are also done by people while they are actively driving.

Why catastrophic injuries often occur a semi collision

It is almost impossible to avoid driving down I-70 or any number of backroads in West Virginia without coming across a tractor trailer. Without these essential transport vehicles, many goods would not get to their final destination.

However, with the rise in traffic on every road, the incident of collisions that occur with a semi-truck has risen. 2018 was the deadliest for drivers of cars and trucks with an estimated 9% increase in fatalities from the previous year. Catastrophic injuries occur most often when a tractor trailer is one party in a crash. 

Schedule An Appointment Today

We invite you to schedule an appointment with Greg today to talk more about your injury or incident, what you can potentially recover and why we are the uniquely suited to help you. Call 304-242-2900 today. You can also send a confidential email.

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