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Wheeling Personal Injury Law Blog

Product malfunction to blame for injuries to several consumers

When consumers are in search of a product that meets some kind of need, they usually look through reviews from other customers to get an idea of how the product functions, whether or not it is effective and how its cost and design compares with other competing products. When they make the choice to buy that product in West Virginia, they often rely on it to operate the way it was advertised to. Unfortunately, sometimes products are flawed or something went awry during the design process which opens the door to malfunctions and risks for the user. 

In a recent case that has made national headlines, Nutribullet is being sued by people who claim the product is defective and regularly malfunctions. In all, 14 customers have reported their stories so far and claim that their Nutribullet machine blew up during use. The unexpected malfunction has resulted in numerous cuts and burns. Despite the company's claims that victims' injuries are not the product's fault, test videos have surfaced that also show the blender blowing up after differing amounts of time. 

The basics of a wrongful death lawsuit in West Virginia

When an individual suffers an injury due to another party's negligent or wrongful actions, that person can file what’s known as a personal injury lawsuit to recover for the losses stemming from the injury. 

But what happens when the individual dies because of the wrongful acts of another? In the state of West Virginia, the law allows for a wrongful death lawsuit.

How can you overcome PTSD following a car accident?

If you have been involved in a car accident in West Virginia, you may have already dealt with some of the consequences that have resulted from the crash including injuries, damaged property and even legal repercussions if you were at fault. However, another problem you may encounter is PTSD and emotional trauma that is related to your accident. 

PTSD can come in a variety of forms including bad dreams, anxiety, depression and even inability to focus. Fortunately, there are things you can do to prevent negative thoughts from debilitating you and limiting your ability to do things effectively throughout your day. According to kidshealth.org, some of the things you can do include the following:

  • Get back into a routine as soon as possible. Consistency can help you to stay focused and provide structure as you work towards emotional healing.
  • Do not be afraid to talk about what happened. Discussing the details of the accident with people who are willing to listen may help you to cope and overcome negative thoughts. 
  • Consider asking for professional help. Therapists and psychologists can provide support and guidance as you process your emotions in a healthy and effective way.

Reviewing manufacturer incident reporting requirements

Wheeling residents may often hear news about products being recalled by manufacturers. While most correctly assume that such actions are only undertaken due to problems with the products being recalled, few may actually know what prompts recalls, and what sort of liability issues manufacturers may face during the process. 

One common misconception people often have is that recalls are initiated by regulatory agencies. While these entities do regulate and broadcast recalls, it is most often the manufacturer that issues a product recall. A manufacturer, however, is required to report the issues that may prompt a recall. According to the U.S. Consumer Product Safety Commission, manufacturers must report the following types of information: 

  • Discovery of a defective product that could pose a substantial risk of injury to consumers
  • Discovery of a product element that presents an unreasonable risk for serious injury or death
  • When a product is proven to be in violation of consumer safety rules and regulations
  • Incidents when a small child chokes in any element of a product and subsequently dies, suffers serious injury, loses conciousnous or requires treatment

What causes common injuries in the oil and gas industry?

Working in the oil and gas industry can be very dangerous in West Virginia. As a worker, you should be aware of the common injuries that occur and why. This can help you to be more aware and avoid potential injuries yourself. According to E&E News, most accidents in the oil and gas industry occur due to worker error or not following safety protocols. 

With an increase in safety standards and regulations, along with better adherence to such standards and protocols, the number of severe accidents and injuries in this field can be reduced. What is most alarming about this industry, though, is that the injury rate is low, but the fatality rate is high. The thought is this may be due to supervisors not reporting minor injuries like they do severe injuries. It is much easier to continue working when someone has gotten a bump, scratch or bruise than it is when someone has to be rushed to the hospital with a life-threatening injury. Plus, it is easier for regulations in the industry to manage tracking of severe injuries that require hospitalization, medical care and qualify for workers' compensation.

Key elements for measuring fault after an auto accident

Auto accidents can be confusing and stressful for all parties involved. For those who are victims of the other driver's negligence, it may be possible to file an auto accident claim

In order for claims to be successful, the claimant must be able to show that the other driver was primarily at fault for the incident. There are a few key elements that are important in achieving this endeavor.

Never events likely to occur in emergency rooms

Anyone who goes to emergency rooms in the Wheeling area expects to receive immediate treatment for what ails them. They understand that there may be times when they must wait longer than expected due to priority being given to patients who have more serious conditions and life-threatening injuries. They might not realize there is a high-risk of things going wrong in emergency rooms. Many emergency rooms across the country are understaffed. The health care professionals who work in them are overworked and stressed. According to MSU Today, "mistakes and never events are more likely to occur" as the amount of stress physicians and health care workers experience increases. 

Regardless of their work environment and stress levels, physicians, nurses and other health care workers must provide every patient with the proper standard of care. When they fall short of their obligation, it is the patients who suffer. Common types of never events that patients are at risk of experiencing involve the following: 

Do you know how to handle a car accident?

What you do in the first few hours after a car accident can have a significant impact on the outcome. In 2016, there were 269 fatal motor vehicle collisions in West Virginia, states the Insurance Institute for Highway Safety, Highway Loss Data Institute. Many motor vehicle collisions occur daily in the Wheeling area where the victims sustain nonlife-threatening injuries.

Car accidents often happen in a moment's notice. No matter how good of a driver you are, you should learn what to do after a car accident. Here is a brief overview of steps you should take. 

Virginia to remove guardrail heads linked to fatalities

Virginia is preparing to remove many potentially dangerous guardrail heads from its roadways. The guardrail heads in question have been linked to several car crashes that have resulted in severe injury and death.

The equipment that may be removed is not the guardrails themselves but the end caps placed at the beginning and end of each rail. These particular guardrail heads, also known as X-LITES, are common throughout the South. They were first put into use in 2011, quickly becoming widespread in many states. The guardrail heads were allegedly put through extensive safety tests by the Federal Highway Administration.

Suzuki faces $14m lawsuit for faulty motorcycle brakes

In October 2013, the Japanese manufacturer Suzuki Motor Corp. recalled over 200,000 of its motorcycles over a brake defect, but not before a Georgia man was severely injured while riding one. The motorcyclist was thrown from the bike when the motorcycle's brakes allegedly failed to activate while he was traveling 30 mph.

Faulty brakes?

The accident took place in August of 2013. The motorcyclist was riding his 2006 Suzuki GSX-R1000 when he claims that his front brakes failed when he tried to activate them, throwing him from the bike and fracturing his back. As a result, he lost his job as a postal worker and his physical mobility is limited. The man filed a personal injury lawsuit and is seeking $14 million in damages from Suzuki.

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