Brain and Head Injury Due to Falling Objects Near a Construction Site

Sometime in 2013, a 58-year-old independent contractor for a New York-based trucking company, who was delivering Gypsum National drywall in New Jersey, ended up as another innocent and unsuspecting victim of what may be said was a totally preventable fatal accident in a construction site.

After speaking with someone (who was in a pickup truck), the 58-year-old contractor was hit on the head by a 1-pound tape measure, which slipped from the hands of a worker (who was working on the 50th floor) while he tried to unfasten the tool from his belt. The tape measure bounced off a piece of construction metal that was about 10 – 15 feet from the ground before inflicting a fatal head injury.

Falling objects from heights, especially in construction sites, are a huge safety concern. In 2012, records from the U.S. Department of Labor’s Bureau of Labor Statistics show 4,383 fatal work-related injuries in the United States. The cause of death of 233 who died was getting struck by objects or equipment, which is the third leading cause of injuries and fatalities in construction site accidents. The 509 deaths, by the way, registered a seven percent increase from 2011 during which the number of deaths was 219.

The types of objects that very often fall from great heights include hand-held radios; nuts and bolts; hard hats; little bits of concrete; and small tools, like tape measures, pliers and wrenches. While this type of carelessness can definitely result to property damage below, lost productivity, and inconvenience to worker (who will have to go down to retrieve the tool), workers should never forget that this can also very well result to a life-altering injury or death, not just to his/her co-worker or anyone else inside or near the site, but to pedestrians too who may be feet away from the construction area since falling objects can bounce off any material and hit anything or anyone below.

Many are not aware of the dangers and the possible severe injuries which can result from falling construction tools and materials. Who would have thought that a 1-pound tape measure would kill a man, anyway? Getting hit by a falling object can easily result to severe injuries, such as brain and head injuries which, if this does not kill the victim, it may cause in him/her permanent disability.

Over 1.7 million people sustain a traumatic brain injury every year, hospitalizing 275,000 and killing 52,000 others. These individuals may suffer cognitive, emotional, and other difficulties that require ongoing care and treatment, at great expense. If the accident resulting to brain injury was the fault of someone else, the victim is given all the rights to pursue legal action where the court may find him/her eligible to receive financial compensation for the damages he/she has been unjustly made to suffer.

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The Consequences of Dog Bites

For majority of the American population, dogs have become a beloved companion. More than any other pet, dogs are well-loved for their lovely dispositions and the sense of safety they foster among their owners. Unfortunately, this isn’t always true for most people. It’s been well-noted that attacks made by aggressive dogs can result in serious injury. As noted in the website, thousands of people suffer from injuries caused by dog bites every year in the United States.

Dogs can become dangerous once it turns to aggression. This usually happens whenever the dog feels scared or threatened. Such attacks can also occur with dogs that lack proper behavioral training. According to a report by the Centers for Disease Control and Prevention, there are certain breeds that are more predisposed to aggressive behavior. Some of the most dangerous dog breeds include Pit Bulls, Rottweilers, German Shepherds, Doberman Pinschers, and Chow Chows. These particular breeds can be especially powerful, causing injuries like lacerations, fractures, hemorrhaging, contusions, and nerve damage. Dog bites can also lead to bacterial and viral infections.

The devastating consequences of dog bites should be a cause for concern. The injuries that typically result from such an accident can leave a victim in serious pain. In some cases, dog bites victims can be left temporarily disabled, experiencing significant limitations in their mobility. The gravity of these consequences shows that preventing dog bites is of crucial importance.

There are several localities that have started to implement policies that can help on this regard. A specific policy involves requiring that dogs must be leashed whenever out in public areas. Such a regulation emphasizes the role of pet owners in ensuring that their dogs are properly trained and safely constrained to prevent any unwanted incident. It goes to show that the accountability for accidents involving dog attacks rest on the people who are meant to be responsible for the animal’s care.

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Swimming Pool Injury Liability

Each year, almost 300 children under the age of 5 years old are victims of drowning. Almost 3,000 more children suffer from non-fatal injuries due to swimming pools. While swimming pools are often places of fun and tranquility, they can present serious threats to the safety of young people. Often these embellished risks are due to the owner of the pool rather than complete fault of the injured individual. Determining swimming pool injury liability may allow the injured party to receive financial compensation to aid with retained medical expenses.

There are a number of non-fatal injuries that any person may acquire around the vicinity of a pool. Brain damage might occur if an individual slips and falls, colliding with hard pool surfaces. It is not uncommon for slips to occur because of slippery surfaces around the swimming pool. The owner of the pool may be accountable for not taking due care in protecting invited guests from the dangerous area.

Less common means in which an injury might occur around a pool include electrical defects, ladders and stairs, defective pool toys, slides, and diving boards. The misuse or careless interaction with any of these objects can result in serious or life-threatening injury.

While premises liability rules generally do not apply to trespassers on a property, the attractive nuisance doctrine that governs most states protects children that endure injuries on the property of another. In these cases, the property owner is legally responsible for barring children from the pool area in order to protect them from harm. A personal injury lawyer, the failure of property owners to maintain their land raises the risk of injury to their guests.

Swimming pool injuries can be serious and require expensive medical treatment and cause emotional turmoil. If you or a loved one was injured in a swimming pool accident, consult a personal injury lawyer in your state to discuss your options in establishing premise liability in order to gain financial compensation.

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What are Personal Injury Suits Really About?

A personal injury lawsuit is not always about negligent accidents such as drunk driving, falls from height, or adverse side effects from dangerous drugs. By definition, a negligent accident is not intentional; the responsible party did not purposely set out to cause injury or damage to anyone, although this does not absolve them of civil and perhaps even criminal liability. However, there are wrongful acts (torts) that cause injury or harm that was done with the aim of doing just that, and these are called intentional torts.

In most cases, the doers of intentional torts face civil and criminal sanctions unless no charges or lawsuits are brought against them. Some types are fairly common occurrences, but most people only consider the criminal aspects of the act and leave it at that. The most common ones include but are not limited to:

  • Assault
  • Battery
  • Conversion (Theft)
  • Defamation (slander or libel)
  • False imprisonment
  • Fraud
  • Intentional infliction of emotional distress
  • Invasion of privacy
  • Trespass

It is important to know that these acts may qualify for civil action. For example, when a person is left seriously injured from being beaten severely, imprisonment of the responsible party will not result in any monetary awards to cover medical and other related expenses, such as disability. The injured victim will have to file a separate lawsuit to get awarded damages, and for that you need a private personal injury lawyer to gather evidence, prepare the case, and present it to a judge or jury. The same criteria apply in proving liability for negligent accidents and intentional torts.

If you have been seriously injured as result of the deliberate and intentional act of a third party, you may be able to get awarded economic as well as non-economic, and maybe even punitive damages. However, before that can happen, you need to consult with a personal injury lawyer in your area to help you out.

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