West Virginia Injury Lawyer Blog

Sadly, despite recent data showing that coal mines have become safer since the Upper Big Branch disaster in 2010, mine workers still lose their lives in workplace accidents. This time, a 62-year old mine worker at Consol Energy's Shoemaker Mine in West Virginia lost his life after being struck by a trench digger.

Charles McIntire had been operating the trench digger moments beforehand at the Ohio River portal to the mine. He then stepped off of the machine and connected it to a power source. The machine came unexpectedly to life and ran over McIntire, amputating his leg. McIntire died late that evening -- the second in a Consol Energy Mine and the seventeenth death in a mining accident this year.

Federal and state mine safety officials met with Consol Energy employees to review the accident and safety procedures. Some emergency management officials cited Consol Energy employees' failure to call 911 when McIntire injured his leg. Instead, they called STAT Medevac and Tri-State EMS.

We at the Wolfe Law Firm always regret preventable deaths. Coal mining has a long, proud history in West Virginia, but it also has many dangers. It is best when mining companies do everything possible to avoid adding more dangers. Yet many of them do, taking shortcuts and ignoring safety procedures. Here, the cause is a little less clear: whether McIntire acted carelessly, or whether the equipment was simply unsafe.

If you or a loved one are injured in a coal mining accident, you have options. If your workplace has workers compensation insurance, you would receive fixed monthly payments while you recuperated from the injury. When the employer has workers compensation insurance, you have no choice but to accept it; you cannot elect to file a lawsuit instead. At the same time, one of the benefits is that you receive payment for your injuries regardless of who was at fault -- whereas you may not get any payment if you sue.

Continue reading "West Virginia Man Dies In a Coal Mine Accident at the Shoemaker Mine" »

A Danbury, Connecticut man was killed after his kit-built, single-engine plane crashed as he was about to take off from a West Virginia airfield. The recently completed Arion Lightening reportedly careened off the runway at the Green Landings airfield and struck a nearby house. While the occupants of the house fortunately escaped harm, Harry Weber, a 70-year old retired pilot, died at the plane's controls.

So far, the reason for the crash is unknown. It is being investigated by the National Transportation Safety Board and the Federal Aviation Administration. Some naturally speculate that there was a flaw in the plane, either in its construction or its design. "[Weber] was an excellent pilot," said Frank Giumarra of Danbury. "I can't believe he did anything stupid."

Weber used to fly commercial jets for Pan Am, logging over 100,000 hours since becoming a pilot 50 years ago. As a member of the Experimental Aircraft Association, he was also an enthusiast about building and restoring his own aircraft. Weber traveled frequently to West Virginia to build the Lightening, a project that took seven months. Weber had completed one flight on the new plane prior to his latest attempt. His neighbors remembered him fondly and with sadness.

We at the Wolfe Law Firm understand that flying a private plane is an exciting hobby for many people. As with any exciting hobby, it carries several dangers. Many people with private planes lack Harry Weber's experience and attempt maneuvers that quickly go out of control. They believe that just because they have a license, they are capable of handling a plane in all conditions. At the same time, Weber's case shows that plane crashes can happen under any circumstances, even when the plane is guided by a seasoned hand. The sad question for the deceased person's family members is whether pilot error caused the crash or a defect in the plane.

If evidence reveals that a defect in the plane caused the crash, the family might consider hiring a West Virginia product liability attorney and filing a product liability lawsuit against the plane's manufacturer. To be successful, the family would need to show that the plane had a manufacturing or design defect. This defect made the plane unreasonably dangerous, which caused the accident that resulted in your loved one's death. It might be difficult to prove a manufacturing defect -- where the one plane has serious flaws coming off of the assembly line -- if the plane crash leaves few remains. However, records from the manufacturer or elsewhere might reveal problems with the plane that went uncorrected.

Continue reading "Connecticut Man Killed in West Virginia After His Plane Crashes Into a House" »

Two deputies at the Marshall County, West Virginia Sheriff's Department were injured when a gun that they were repairing accidentally went off. Both were rushed to the hospital. One deputy whose hand was wounded has been released, while the other remains at Wheeling Hospital, his condition listed as stable after being shot in the hip.

The accident occurred at one of the deputy's homes, shortly before they were to start their midnight shift. Both deputies were highly trained in firearm repair, and were the armorers for the Sheriff's Department. One had been cleaning the .45-caliber glock semi-automatic when a spring broke. When the deputies tried to fix it, the firearm was discharged. Sheriff John Gruzinskas said that the department would review the procedures taken to see if the deputies were following department protocol.

Gun accidents happen all too frequently across the country. As this situation shows, even people highly trained in firearm use are not immune. Which is why it is important to follow all safety protocols related to gun use, so that you are not one of the victims. However, if you or your loved one gets in an accident, and it is related to work, what are your options? Many workplaces carry workers compensation insurance, which provides fixed payments to employees who are injured on the job, taking the place of wages while the employee recovers. The good news for employees is that workers compensation can be provided regardless of fault -- so even if the two deputies did not follow all protocols, they could still collect workers compensation. The bad news is that it forces the employee to waive his or her right to sue the employer. Employees do not get to elect whether to accept workers compensation or hire a West Virginia personal injury attorney and sue in court; if an employer carries workers compensation insurance, the employee must automatically accept workers compensation. In some situations where the employee's conduct might be partially at fault -- such as if they ignored workplace protocols -- that might be preferable, since it would be harder to prove the employer's culpability in court.

In some cases, you might be able to file suit against a third party, such as the company that manufactured the gun. Maybe you could prove that it was a product liability issue: there was a dangerous defect in the gun that caused it to fire too easily despite a safety catch being on it. That defect led to your accident, and now you want to sue for damages, which will cover your wages, medical expenses, and pain and suffering. One thing you will want to watch out for is whether your culpability is as great, or greater, as the manufacturer's culpability. In West Virginia, if you are equally at fault or more, you cannot collect, even if the other party deserves half of the blame.

The Wolfe Law Firm has helped people who were involved in all manner of product liability accidents. We know how to find the evidence and the experts to help you present the strongest case possible. If you are injured in an accident, contact us to learn more about your options.

In many instances, traffic accidents appear to make for fairly straightforward legal claims when a person suffers injuries in the wreck. A West Virginia traffic accident attorney need only assemble the evidence to determine which driver was at fault in the accident and assign liability, evaluate the damages suffered by his client, and proceed as necessary with the insurance companies involved to get his client compensated. However, there are times when such accidents may have been caused by mechanical failures or other problems with one of the vehicles themselves. In such cases, it is important to evaluate the case in light of possible products liabilities claims in addition to standard claims for driver negligence. When these claims become a part of a case, attorneys must carefully consider the procedural issues that can arise when national corporations are involved as defendants. The Wolfe Law Firm is familiar with the difficulties that develop in such cases, and our attorneys recently uncovered a decision from the US District Court's Southern District of West Virginia regarding the complex jurisdictional issues that can arise in such cases.

Layton v. Ford Motor Company was an action brought by plaintiff, Amanda Kay Layton, after she was involved in a single car accident in Preston County, West Virginia. The accident occurred when the Plaintiff lost control of her 2003 Ford Expedtion and struck a tree. Upon impact, the car's airbags and seatbelts failed to function properly, and she suffered severe physical injuries as a result. After the incident, Plaintiff filed a lawsuit in West Virginia state court against Ford Motor Company (the manufacturer of the vehicle in question), several other companies involved with the design and production of parts contained in the SUV, and J&J Ford Sales (the dealership that sold the Expedition). Plaintiff's complaint included claims of negligence and strict products liability against each of the defendants.

In response to the lawsuit, Ford removed the case to federal court on the basis of diversity jurisdiction and claimed that J&J Ford Sales, which was located in West Virginia until it was dissolved in 2008, was joined in the lawsuit for the "sole purpose of defeating diversity jurisdiction." Ford also claimed that because the dealership had been dissolved, it was not properly joined as a defendant. After removal, Plaintiff filed a motion to remand the case to state court, claiming that the claims against J&J Ford Sales were valid.

The court examined Defendant Ford's claims that Plaintiff had fraudulently joined J&J Ford Sales under the fraudulent joinder doctrine that allows a federal court to ignore the citizenship status of a defendant -- that would otherwise destroy diversity -- to exercise jurisdiction over a case. The Court went on to state that under West Virginia Law, a claim may be brought against a dissolved corporation, and found Ford's argument that such a claim can only be brought to the extent of its undistributed assets to be unpersuasive. Instead, the Court cited case law stating that jurisdiction cannot turn solely on the financial strength of a given defendant, and held that Ford had failed to satisfy the requirements of demonstrating fraudulent joinder. The Court then remanded the case back to the West Virginia Circuit Court from whence it came.

All terrain vehicles, also known as ATVs, provide people hours of outdoor entertainment, and are an excellent way to get around in the back country. Unfortunately, these vehicles can also be quite dangerous, and a recent story in the State Journal shows just how hazardous four-wheelers can be. This past week, there were two separate accidents involving people riding quads in Raleigh County, West Virginia that resulted in injuries for two riders. One accident occurred in Arnett and the other occurred in Fairdale -- both involved male riders who were taken to the hospital for medical treatment, though the extent of their injuries was not reported.

Such accidents can be caused by riders operating four-wheelers in an unsafe manner, but mechanical malfunctions can also occur and cause crashes. We do not know exactly what brought about the accidents reported in the article above. However, if they were caused by a defect in the quads' manufacture or design, the two men who were hurt may have valid product liability claims. Such claims can be brought against the ATV manufacturer or the dealer where they bought their vehicles, but proving liability in such cases is not easy. In order to succeed, injured parties must show that the allegedly defective ATVs in question were not reasonably safe for their intended use.

A skilled West Virginia products liability lawyer has the legal knowledge and advocacy skills to help those who have been injured by defective products. If you have been injured by a malfunctioning product of any kind, it is best to contact an attorney as soon as possible. Your lawyer can perform the necessary investigation into your accident to gather the evidence needed to make sound and compelling legal arguments that will get you the compensation you deserve.

West Virginia MetroNews reports that two fatal car accidents occurred earlier this week in Harrison and Nicholas counties, respectively. The crash in Harrison county involved a single vehicle where the driver apparently lost control of his car while testing its new tires. The automobile veered into a median on Interstate 79, drove through a ditch, and eventually rolled over causing the driver's death. The wreck in Nicholas county occurred when the driver of a pick-up truck crossed the center line of a two-lane road and collided head-on with a car traveling in the opposing direction. The woman driving the pick-up survived, but the man in the car was killed on impact. What caused the woman to swerve into the other lane is unknown, but is currently being investigated by local law enforcement.

With Thanksgiving Day fast approaching, we here at the Wolfe Law Firm want to remind our readers to be safe when driving to see loved ones this holiday season. The increase in traffic brings a higher risk of auto accidents, and ice and snow covered roads increase the risks of travel as well. Falling asleep at the wheel and other distractions are also frequent causes for car wrecks this time of year, so driving defensively is always a good idea. Regardless of the cause of the accident, if you were injured in a car crash, you should contact a West Virginia auto accident lawyer to be advised of your rights. A wreck that is brought about by driver negligence, manufacturing defects in the car itself, or other causes may be compensable under the law. Insurance companies do not always cover your damages, and a trained attorney can can help defray the costs of fixing your car and any medical bills or other damages you may have.

On September 9, 2010, the U.S. Food and Drug Administration (FDA) sent official warning letters to five electronic cigarette distributors for violating the Federal Food, Drug and Cosmetic Act (FDCA). The letters accuse distributors in the Electronic Cigarette Association of making unsubstantiated claims and practicing poor manufacturing techniques.

The companies named in the letters include: E-CigaretteDirect LLC, Ruyan America Inc., Gamucci America (Smokey Bayou Inc.), E-Cig Technology Inc. and Johnson's Creek Enterprises LLC. The letters outline the regulations for marketing drug products in compliance with the FDCA and invites distributors to work in cooperation with the agency to ensure that electronic cigarettes are lawfully marketed.

The biggest impact of these warnings is that the FDA has now determined that electronic cigarette products are subject to the same regulations as drugs. This means that distributors of electronic cigarette products cannot claim that the products can treat or mitigate a disease unless scientifically proven. Also, the FDA requires that significant testing of side effects and health repercussions are also necessary in order to safeguard consumers.

If you or someone you care about has been injured or killed by products sold without regulation, you must contact a lawyer to fight for your rights. Consumers have the right to be protected from unregulated products and treatments and have legal recourse options available for pain, suffering and other damages.

Only months after claiming that their "black box" recorders pointed to human error that caused sudden acceleration in a number of their vehicles, Toyota Motor Corp. recently acknowledged that there was actually a software bug in the device used to read that data. Since the discovery, Toyota says that the manufacturer has corrected the problem. The company also states that the software problem never affected readings for pedal and brake application, which were the primary indicators of the potential causes of sudden acceleration.

Still, the acknowledgement of this faulty software is casting new doubts on whether or not human error was actually the cause of many of the out of control Toyotas on the road in the past few months, or if it was indeed a manufacturer defect. The black boxes, also known as Event Data Recorders, or EDRs, have been the symbol of safety that Toyota has been using to bolster the company's image against a string of lawsuits. Toyota has recalled more than 11 million vehicles in the last year and is contending with hundreds of lawsuits.

In many cases, product manufacturers can often be found liable for injury or wrongful death, even when automakers are found not guilty of negligence or endangerment. If you or someone you love has been injured in a recalled Toyota vehicle, it is imperative that you contact a West Virginia auto accident attorney immediately. You only have a certain amount of time to file suit in these types of cases, so don't delay.

Federal investigators are trying to figure out the source of a recent salmonella outbreak that tainted close to half a billion eggs throughout the U.S. According to an August 25, 2010 CBS News report, the Food and Drug Administration (FDA) is investigating the exact cause of the bacterial contamination that caused farms in the Midwest to recall 380 million eggs in Mid-August.

Although there is a call by agricultural groups to give chickens an anti-salmonella vaccine to prevent these types of outbreaks, the FDA has not signed off on the efficacy of such measures. Further attention is being focused on the food inspection process in the United States. State inspection reports obtained by CBS News show that in visits earlier this year to Wright County Egg of Galt, Iowa, the inspector did not check any one of the 27 points on his safety checklist. This included not checking to see if the facility was free of "birds, insects [or] rodents" or if the shell-washing equipment was in working and sanitary condition.

The Iowa Department of Inspections and Appeals stated that the state inspector was not negligent, though, because the farm actually had a "full-time USDA inspector on site." Regardless of the inspections, though, the fact remains that salmonella was spread throughout a massive population of eggs. The ongoing investigation will hopefully uncover more information about how the contamination first started. In the meantime, if you feel you were exposed to contaminated eggs from the offending farms, you should contact a personal injury lawyer today.

Auto giant General Motors is recalling hundreds of thousands of 2009 and 2010 3-row crossover vehicles due to a possible faulty seat belt latch. GM is telling owners of 243,043 Chevy Traverses, GMC Acadias, Buick Enclaves and Saturn Outlooks to come into their local GM dealerships to have the second-row seat belt shield trimmed to avoid a possible failure of the release latch during operation.

The problem occurs when the seat is erected back upright after being folded down. The company says this is when the plastic shield around the latch release button can get caught on the frame of the seat and shift, causing the red release button to be depressed.

207,000 of the affected vehicles were purchased in the United States, while the rest were distributed in Mexico, Saudi Arabia, Canada and China. Owners will be sent notices in the mail to come in for repairs. Although there are no known cases of the belts malfunctioning during a crash, owners have been bringing in their vehicles for warranty repairs after noticing the problem.

When auto manufacturers have problems like this, consumers often want to sue the maker of the vehicle. And, although this is possible (recall or not), sometimes a third-party manufacturer is actually at fault. The auto manufacturer does not always make the seat belt mechanism. Or, sometimes, parts are assembled by outside companies who can also be found liable for injuries suffered. Only a lawyer can help you determine who is actually to blame.

Product defect cases can be tough to prove, especially against major manufacturers with limitless legal resources behind them. Companies will often try to prove that you misused the product to cause an injury or that you ignored the operator instructions or warnings at your own risk. However, a West Virginia personal injury lawyer can defend your case against manufacturers of all sizes to get you damages for your injury.

How Do You Prove a Product Caused Injury?
A lawyer's duty is to prove that a product (i.e. a toy, piece of sporting equipment, bicycle, mattress, fireplace, tool, etc.) was either designed improperly, manufactured incorrectly or marketed inadequately - all of which could cause a product to be defective. To do this, a lawyer must consider several factors, including:
- Whether a design defect was planned or unplanned
- Whether an error during the manufacturing process caused an injury
- Whether the product actually had a defect at any level (design, manufacturing or marketing)

Certain risks can also be deemed as defects, such as the level of danger a certain product poses. Danger alone does not make a product defective, however. What good would a dull knife be? But, if a product is unreasonably dangerous for the level of task it is designed to perform, it could be considered defective.

At the end of the day, the law holds manufacturers responsible to police their products for safety before they hit the market. They need to be properly labeled with warnings and instructions and they should be properly tested for durability prior to market delivery. If a defective product has injured you or someone you care about, call a personal injury lawyer to handle your case.

West Virginia residents who have been injured as the result of product defects can sue manufacturers for damages, no matter how small or large the company. Manufacturers are responsible for making safe products and they are required by law to compensate victims of their faulty products if they are shown to be negligent in any way. Although every case is certainly unique, most product defect cases can be classified into one of three groups: design defects, manufacturing defects or marketing defects.

Design defects are those that cause injury due to faulty planning in the actual creation of the product (i.e. a table with only three legs would be unstable by design). Manufacturing defects are those that cause injury due to unintended faults in construction (i.e. a table with four legs but one is not attached properly). Marketing defects are those that cause injury due to the way the product was sold. This can include a lack of or inadequate warnings and proper usage instructions.

Product defects can occur in most retail items, including mattresses, appliances, sporting goods, electronics and toys. As a matter of fact, the U.S. Consumer Product Safety Commission reports that in 2008, there were 19 toy-related deaths and around 172,000 hospital emergency room visits due to toy-related injuries in the United States alone. Children under the age of five sustained almost half of these injuries.

A personal injury lawyer will work with you to determine the details of your case, including how the injury occurred, the severity of the injury, what exactly went wrong with the product and which manufacturer is responsible (in cases where multiple companies assembled a product). A lawyer may even bring in an expert witness to testify as to the stability or construction of the product to bolster the facts of your case.

It's that time of year again in West Virginia--Halloween time! All the ghouls and goblins are preparing to make their yearly appearances and the pumpkins are being carefully carved. And, just like every year, Halloween is a festive time when a barrage of holiday-themed products hit the market, with retailers marketing everything from costumes to makeup to prosthetics and candy. It seems like you can buy an endless number of Halloween party favors, hats, trick gadgets and clothing. However, because some of the products offered at this time of year are cheaply constructed and hurriedly produced, it's also the time of year when many people experience personal injuries due to product defects.

Halloween products are often used around pumpkins and other objects that include candles and flames. Many toys and costumes present serious fire hazards to small children, so it's vital that you only purchase items that are clearly marked as flame-retardant. Even then, you have to keep a close eye on children in order to prevent accidents from happening.

According to annual toy recall lists published by Consumer Reports, many recalled Halloween toys have recently been pulled off the shelves for concerns over choking hazards, lead-based paint and fire hazards. Removing these items from your home can prevent personal injuries and even wrongful death claims.

Personal injuries around Halloween are enough to ruin any holiday celebrations. If you have questions regarding a personal injury case in West Virginia, contact an experienced lawyer who can help you sort your case details to make sense of it all.