Articles Tagged with Charles McAleer

You’ve probably heard the word asbestos in regards to the recent outpour of lawsuits filed over the harmful substance. Though asbestos is restricted in most areas now, its durability and resistance to heat and fire was once very attractive to builders and manufacturers who weren’t yet aware of the harmful and potentially deadly consequences of breathing in the substance. Over time, prolonged exposure to asbestos can result in serious illnesses, like mesothelioma, a cancer that invades the lungs and other organs. Now that we are aware of the risks associated with asbestos exposure, affected individuals are seeking compensation. So where do you start when filing a suit related to asbestos inhalation?

Breathing just a little asbestos each day can lead to serious health hazards over an extended period of time. Most cases of asbestos related illnesses occur in the workplace, especially those related to construction and building. But even worker’s family members and roommates can be vulnerable to asbestos related illnesses as well. This may happen if the worker comes home in clothes dusted with asbestos, and the roommates or family members breathe in the substance. It doesn’t take much to be affected.

The Environmental Protection Agency and the Occupational Safety and Health Administration protect individuals who are exposed to asbestos at the workplace. As for those individuals who aren’t covered by those standards, and who have been exposed to asbestos through a product, the liability for asbestos-related illnesses typically falls under product liability law. These cases are based on strict liability, negligence, or breach of warranty.

A few inches of snow might signal a typical winter day in some states, but in the temperate South, a few flurries can wreak havoc. This was the case in Atlanta on Jan. 28, as citizens quickly realized the seemingly harmless snowfall was anything but. Thousands of people left work early and fled to their cars in an attempt to make it home before the light snowfall turned the roads into perilous paths of ice. The mass exodus of drivers simultaneously fleeing the city combined with the dangerous conditions caused disastrous traffic jams and more than 1,000 accidents.

Now that the disaster has ended, we can reflect back on the legality of the matter. Amid the praises of relief and gratitude expressed towards the kind souls who helped their fellow citizens during the catastrophe, there were also several cries of outrage. Many employees were enraged that companies didn’t think to close their offices, with some even blaming their employers for accidents they got into on their way home. This predicament raises the question: Can employers be held liable if employees get in weather-related accidents driving to or from work?

Source: CNN

At McAleer Law, we specialize in personal injury and wrongful death litigation. Unfortunately, mistakes made before you contact an attorney could hamper your ability to recover compensation. You can increase your chances of having a successful case and recovering damages with these 10 tips:

  1. Know your rights. It is important to understand the rights entitled to you by both the state and federal government. Use www.Georgia.gov to stay informed about Georgia’s legal system.
  2. Avoid dangerous situations. While we can’t dodge all accidents, activities that are deemed ultra hazardous are best avoided. Inherently dangerous activities categorize the participant as strictly liable and may remove his or her right to sue.

Threats of government shutdown foster nationwide concern over which federal programs would be affected. Although several activities would ultimately come to a standstill during the shutdown period, many were thankful to hear social security would function as usual.

Established in the 1930s as a safeguard for seniors during the Great Depression, social security now offers coverage for those unable to gain employment due to disability. The program is the largest of several federal initiatives to provide assistance for people with disabilities.

To minimize fraudulent collections, the Social Security Administration (SSA) has set up numerous checkpoints to ensure appropriate coverage is given when needed. However, the resulting complex framework can be difficult to navigate for anyone outside the legal profession.

A 25-year-old man hit by a tractor-trailer carrying an oversized load through North Georgia won a settlement for $5.6 million. A Peterbilt tractor and the plaintiff collided on the afternoon of April 19, 2006 on Georgia Highway 53 near Marble Hill.

As a result of the collision, the plaintiff fractured his hip and a lower leg. The subsequent medical bills incurred totaled $364,000, with at least $20,000 in lost wages. The plaintiff’s lawsuit against Custom Truck and Equipment Inc., which is based in Michigan, claimed recklessness and negligence. The lawsuit sought punitive damages as well as unspecified compensation for past and future medical costs, lost wages, and pain and suffering.

The defendants agreed to pay an initial payment of $1.6 million plus $4,000 a month for the next ten years, $5,000 a month for the second ten years and $6,025 a month for the rest of the plaintiff’s life to pain into an irrevocable trust.

Teva Parenteral Medicines, Inc., Baxter Healthcare Corp., and McKesson Corp. have been ordered by a jury to pay at least $20.1 million for packaging and selling an anesthetic in a way that proved harmful to patients. The jury concluded that the companies wrongfully sold Propofol in vials large enough to be used on multiple patients. Consequently, three colonoscopy patients contracted Hepatitis C. The plaintiffs sought $25 million in actual damages over the incurable liver disease. Punitive damages have yet to be decided.

Teva faces almost 300 lawsuits stemming from a Hepatitis C outbreak three years ago. The company has argued that the infections were caused by “improperly sanitized medical equipment, not reused Porpofol containers.”

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