Articles Posted in Work Injury

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Product liability is an area of the law that deals with when and how product manufacturers can be held liable for the creation or manufacture of products that cause injury to consumers. A central tenet of product liability is that manufacturers have a duty to warn consumers of known hazards in a product. Thus, for instance, toy manufacturers who create toys for children with small parts must be careful to warn consumers of the hazards that such small parts may pose for young children, such as toddlers.  Recently, the Sixth Circuit looked closely at product liability based on a failure to warn when the consumer was already aware of the known hazards of the product.

In Smith v. Joy Technologies, Mr. Smith was employed at a coal mine owned by Southern Coal Corporation in Kentucky.  The coal mine used a high wall mining (HWM) system to remove coal from the coal mine. Under this system, conveyor cars are pushed into the mine through a hydraulic system that pushes the cars forward.  The cars are loaded with coal, and, when all the cars are full, the system is reversed so that the cars can be extracted from the mine and the coal removed.  Guide rails typically operate alongside the car system in order to maintain the alignment of the cars.  Here, Mr. Smith was working to empty cars as they returned from the mine when an electrical cable on a car became stuck.  Mr. Smith went to dislodge the electrical cable and in so doing, placed his foot between the guide rail and the hydraulic pusher for the cars.  One of his coworkers mistakenly activated the hydraulic system, and the pusher engaged, crushing Mr. Smith’s foot between the pusher and the guide rail.  After several surgeries, Mr. Smith’s lower leg was ultimately amputated, and he was declared fully disabled.

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When we think about personal injury cases and negligence lawsuits, we typically imagine slip and fall accidents, car crashes, and faulty railings.  But personal injuries can arise in virtually in any situation, even in the most unpredictable of conditions. A recent case out of the Sixth Circuit Court of Appeals takes a look at personal injuries arising from dirty bathrooms on a train moving from North Carolina to Tennessee. Despite the best efforts of the plaintiff, a train engineer, the Sixth Circuit held that there are limits to federal government liability for the unpleasant conditions in public restrooms.

In Edwards v. CSX Transp., Inc., Edwards was a train engineer working for CSX.  On the morning of May 28, 2012, he boarded a train headed to Tennessee with an upset stomach.  After rushing quickly to the bathroom, Edwards was dismayed to find that it was, in his words, “nasty.” Unwilling to use the toilet, which he alleged was splattered with various substances, Edwards rushed outside to a catwalk along the side of the train and attempted to throw up over the side. In the process, he fell over the handrail and off the catwalk, landing on the ground below. He broke several bones and walked away with lasting injuries.

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Slip and fall accidents are one of the most common injuries suffered. You’re walking around, thinking about what you’ve got to do and, suddenly, you find yourself on the ground. Most times it’s just an embarrassing incident and you can simply get up and go about your business, but other times you find yourself seriously injured.

When Does Liability Emerge?

If the reason you fell could have been prevented by simple maintenance on the part of the property owner where you fell, premises liability emerges. A Tennessee injury lawyer knows that many of these injuries are a result of negligence on the part of property owners.

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The driver of a commercial farming truck being unloaded at Tennessee Farmers Co-op near La Vergne was killed when the truck rolled over him on Tuesday morning, police said. The victim, a Lawrenceburg resident, was transported to Stonecrest Medical Center before being rushed to Vanderbilt Medical Center, where he died from his injuries. No other vehicles were involved in the incident, but police are investigating the cause of the accident, including performing a mechanical inspection of the truck.

Commercial trucks require more maintenance than other vehicles because they travel more miles on a daily basis. In addition, due to the gross vehicle weight of commercial trucks, components such as brakes, tires and other vehicle parts wear out more quickly. When trucks are not properly maintained, they have a greater chance of mechanical failure, which could lead to injuries and fatalities. It is the responsibility of truck companies to ensure their fleet is properly maintained in good working condition at all times. Injury victims and family members who have lost loved ones in truck accidents should seek  legal advice from an experienced accident lawyer. Eric Beasley is a Nashville truck accident attorney who helps injury victims and their families seek just compensation for their medical bills, lost wages and emotional and physical suffering.

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