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Baton Rouge Personal Injury Law Blog

What constitutes a design defect?

A product liability case can literally hinge on a hinge in some circumstances. Faulty designs can make products unsafe for consumers to use in their intended manner.

Design defects occur during that initial phase when an inherent flaw in the design of a product makes it unreasonably dangerous. Companies have liability for these defects when a predictable risk exists.

Negligent hiring practices open companies to liability

If you have been in an accident with a large truck, not only may the driver bear liability for your injuries and damages, but the company that employs him or her may be liable as well.

Trucking companies must exercise caution in implementing their hiring, retention and promotional policies. Hiring anyone with a valid commercial driver's license to fill a fleet of empty trucks is a recipe for a highway disaster.

Free assistance offered to Louisiana drivers in distress

Breaking down on I-10 or I-12 in south Louisiana with the big rigs barreling by you on the side of the road can be scary and hazardous. On some stretches of road, there is not even a breakdown lane for vehicles to await assistance.

Many residents are likely unaware that there is free help available to stranded motorists. The Motorist Assistance Patrol is sponsored by the Louisiana Department of Transportation and Development, in partnership with Travelers Marketing and State Farm Insurance. Services provided by MAP are free and include:

Misdiagnosed? You may have grounds to sue

Annually in America, about 12 million adult patients seeking outpatient medical care get misdiagnosed. Research published two years ago in the BMJ Quality & Safety journal indicates that nearly one out of every 20 patients gets misdiagnosed. According to researchers, 50 percent of the misdiagnoses can potentially cause severe harm.

These misdiagnoses are happening in their own physician's offices and clinics. Focuses of the study included primary care physicians' offices, and two dealt with rates of lung and colorectal cancer screenings and later diagnoses of malignancies.

Blue Bell Creameries target of Justice Department probe

Another blow to Blue Bell Creameries -- the Justice Department has launched a criminal investigation into the company's response to the contamination of frozen products alleged to be the source of at least ten cases of listeriosis, according to a government official. Of the ten people sickened from the frozen treats, three died.

The potentially fatal infection listeriosis results from exposure to listeria in water, soil, raw milk and animals like cattle and poultry. Its danger is enhanced because it can survive the very cold temperatures inside food processing plants and refrigerators.

What damages can you recover in an accident?

Those injured in accidents where another driver was at-fault might be entitled to economic recovery from those deemed responsible. The financial recovery depends on the types of damages experienced as a result of the incident. It is also sometimes possible for family members to make claims if your injuries altered the relationship you had with them.

The more serious the injuries, the greater the potential recovery. For instance, someone who is disfigured by burns or scars after an accident can claim damages from the mental suffering their disfigurement causes them.

Louisiana woman blames injuries on surgical heating pad defects

A Louisiana woman filed a lawsuit in the United States District Court for the Eastern District of Louisiana on Dec. 4. In her petition, she alleges she was severely injured by a forced-air heating pad during surgery to replace her hip in 2009.

The complaint states that 3M's Bair Hugger that was placed on her body during the surgery contaminated her surgical wound and caused an infection. Due to the heating pad's alleged defective design, the plaintiff allegedly suffered permanent, severe injuries and limited mobility.

What body parts are most often injured in motorcycle wrecks?

The mild temperatures we have been enjoying recently in south Louisiana have been perfect for those late season motorcycle rides. But before you climb aboard and roar off down the road, make sure that you are wearing protective gear in case of an accident.

The Centers for Disease Control and Prevention studied over a million motorcycle riders and their passengers after they sought treatment at emergency rooms after non-fatal motorcycle wrecks. From 2001 to 2008, researchers recorded motorcyclists' injuries to their bodies.

Medical malpractice includes poor nursing home care

When you are in a hospital, nursing home or any medical care facility, your expectation is that the professionals who are taking care of you know what they are doing and are mindful in administering to your condition. You believe the doctor who writes the order for medicine is paying attention to the dosage level and that the nurse who gives you the medicine is also mindful that she is giving you exactly what the doctor ordered.

If you have a loved one in a nursing home, you know that this can lead to a not-so-great outcome for them health wise unless you are diligent in asking that the facility treat them with dignity and are aware of what will make or break your loved one. Due to untrained staff, nursing home care is thought to be hit or miss in the state of Louisiana.

New federal safety rules prohibit coercion of truck drivers

Recently, the Federal Motor Carrier Safety Administration published its final rule to keep commercial truckers from being compelled to break federal safety regulations.

The rule, published in the Federal Register, gives the agency the authority to take action against freight carriers, transportation intermediaries, shippers and receivers.

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Baton Rouge, LA 70808

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