Safety and Health Reporter

Punitive Damages
Punitive damages may be awarded in a case where only nominal damages are awarded at the compensatory level.  In the May 8, 2011 decision in Feld v. Feld, the U.S. District Court in the District of Columbia adopted the view from the Restatement Second of Torts Section 163, which indicates an award of nominal damages is ...
Product Liability Limitations
Product liability statute of limitations were the subject of a recent decision from the Second Circuit Court of Appeals in New York where it dealt with a claim asserted by Virginia plaintiffs against the manufacturer of Fosamax.  The claims themselves were determined to be time barred under the two-year ...
Drownings-Rip Tides
Drowning-rip tides is a significant problem in many beaches across the United States.  The rip tide effect is essentially caused by a break in sandbars that are offshore allowing water that is washed on the shore side of the sandbar to then funnel through that break between two adjacent sandbars creating a suction effect ...
Catastrophic Injuries
Catastrophic injuries require special attention. Catastrophic injuries might be defined as ones involving total and permanent disability, the total loss of earning capacity,enormous past and future medical expenses, custodial expenses, and pain and suffering. Theses types of cases take a staggering toll on the victim. The predicate of proving the case is ...
Standard Of Care For Legal Specialists
The standard of care for a legal specialist may be different than that for a general practitioner. The Second Restatement of Torts provides that a professional is held to a general standard of care unless that person represents that he or she has greater or less skill or knowledge than ...
Sports Injuries
It is well accepted in most jurisdictions that sports injuries are part of the risk of participation. That assumption of risk however, may not bar an injury claim where there is some reckless disregard by the person that causes the injury. For instance, in a recreational softball game where a base-runner running from ...
Malpractice Reform
Medical malpractice reform as seen in H.R. 5 passed by the House of Representatives would limit non-economic damages to $250,000.00 in medical malpractice cases. President Obama in his recent State of the Union speech  endorsed medical malpractice reform. Shortly after the speech, the above referenced bill was passed by the House. ...
Biomechanical Engineers
Biomechanical engineers can be of great assistance in certain types of injury claims. Such an engineer is able to analyze the nature and extent of physical forces that are imposed on the body and explain how that can result in serious injury. Although they typically are  not used as accident ...
Power Line Injuries
Power line injuries continue to be a devastating source of injury in many locales. The victim not having seen the overhead uninsulated line is generally a product of that persons own visual acuity, problems with depth perception, fatigue or forgetfulness. Other environmental factors that can affect visibility are glare, sunlight, clouds, ...
Diving Accidents
Diving accidents in swimming pools and other facilities have decreased dramatically over the years principally due to the enhanced awareness of the dangers associated with diving and the fact that many pools have removed their diving boards. The general theories of liability may be premised on lack of appropriate depth markings, ...
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