Medical Device Legislation

As some of you know, the U.S. Supreme Court recently made it all but impossible to pursue claims against the makers of medical devices. The decision has slammed shut the courthouse doors and allowed the manufacturers to continue making harmful devices without any worry about taking responsibility for the dangerous products they make.

There is pending federal legislation to help individuals who have been injured by medical devices. This proposed legislation is known as the Medical Device Safety Act of 2009 (“MDSA”) and it was introduced over a year ago. As of the date of this newsletter, neither the House of Representatives version, nor the Senate version of the MDSA has been passed. Without approval of the MDSA, it will be very difficult to defeat any corporation making harmful devices including Medtronics. Please, please contact your Congressman and both U.S. senators and ask them to support the Medical Safety Act of 2009. If ordinary people do not make the contact, this legislation will die along with the people using the defective devices.

Visit www.senate.gov or www.writerep.house.gov to contact your senators and congressmen.

Boating Accidents Increase Every Year

Many boating accidents were the result of alcohol use, and most of all boating fatalities could have been prevented by wearing personal flotation devices.

Remember, drinking while boating is just as dangerous as drinking while driving an automobile. If you do either, you'd be better off in the long run to donate your boat or donate a car to charity rather than becoming another boating accident or automobile accident statistic.

4th of July

Every year, we celebrate the declaration of our independence with great fanfare. We burst fireworks, and host barbecues. Unfortunately, the Fourth of July is also the single deadliest day of the year, with the maximum number of accidents occurring on this day. Between 1986 and 2002, an average of 161 people died in automobile accidents on Fourth of July.

You can’t avoid the traveling that goes hand in hand with the holiday, but you can take steps to make sure you're safe on the roads. It’s best to drive keeping in mind that it is the biggest holiday of the year, and there are likely to be hundreds of motorists around you driving under the influence of alcohol. Stay within speed limits, avoid driving while drunk, and wear your seat belts.

Motorcycle Accidents - Law

Motorcycle Accidents usually occur because of negligence and frequently involve personal injury law but can sometimes involve products liability law. Liability for accidents is generally determined using the rule that a less careful person involved in an accident must pay for at least some of the damages suffered by a more careful person. Common issues related to motorcycle accident litigation include traffic and registration law compliance, medical expenses, and liability determinations. Motorcycle accidents also involve unique insurance provisions. Motorcycle insurance is required by most states and can protect an injured rider against an underinsured or uninsured motorist.

Animal Liability – Dog Bites

Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). old), and 8 were adults (ages 17, 44, 64, 70, 73, 75 and 87). It is important to teach children to be safe around dogs to prevent these catastrophic events from occurring.

Ohio has a strict liability dog bite statute that states that the owner of a dog is labile for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully on the dog owner’s property (invitee or guest). Ohio Revised Code §955.28. The dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get “one free bite”. The only defenses for the strict liability statute arise where the injured party provoked the dog (Ohio Revised Code §955.28). In essence, the dog’s owner is an insurer of the dog.

In addition, the old common law approach is also available for injured plaintiffs. Under the traditional approach, if the owner knows or has reason to know of the dog’s violent propensities, the owner of the dog is liable for damages caused by the dog. Due to the enactment of the strict liability statute, this type of theory is not normally employed.

In all dog bite cases it is essential that measures be taken to preserve evidence, investigate ht incident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of injury caused by an animal,call Scott Smith Law at 614.846.1700

What is Personal Injury?

Personal injury is the name given to the branch of tort law that covers any wrong or damage done to another in his person, property, rights, or reputation. A personal injury can happen at work, in a traffic accident, because of a faulty product or a faulty repair, because of a mistake during medical treatment, or because you slipped and fell on a wet floor or pavement. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care. Examples of personal injury law causes of action include professional malpractice, wrongful birth, wrongful death, liable, slander, trespass, and nuisance. If you think you may have a case for a personal injury settlement, please contact a personal injury lawyer or personal injury attorney. Visit Scott Smith Law Office at www.sestriallaw.com

Astrology and Car Crashes

Website InsuranceHotline.com, conducted a study that demonstrated individuals with certain zodiac signs were more likely to be involved in car crashes, yet another example of the insurance industries arbitrary and less than sophisticated means of determining auto insurance rates. What do you think?