Month: February 2018

Premises Liability

General

INJURED ON PRIVATE, COMMERCIAL, PUBLIC OR GOVERNMENT PROPERTY?
When someone openly invites you onto their premises, they are responsible for providing you with a safe environment. If an establishment or an acquaintance’s premises caused you an injury, you may be able to file for premises liability. Failure to provide a safe area is deemed negligence as the owner or operator neglected to provide you with safety. Personal injuries like sustaining a dog bite or a slip and fall are common in premises liability claims.

For example, if a property owner fails to remove ice from outside their front entrance or a store manager neglects to clean up a spill from a grocery aisle and their negligent behavior results in an injury they can be held liable. Similarly, an owners dangerous dog could be deemed a liability if their dog bites and injures an innocent person. A personal injury attorney can provide you with professional legal counsel if you wish to file a premises liability claim.

PURSUING A PREMISES LIABILITY CLAIM
Our firm is dedicated to providing you with the best possible legal counsel in North Virginia. Injuries sustained in dangerous accidents such as slip & fall or drowning accidents can alter your life forever. You may require extensive medical attention for your injury or may be permanently disabled. We at Howard, Morrison, Ross and Whelan want to help you through this difficult time. Our firm has over one hundred and twenty combined years of experience. We have been nominated for “The Best Lawyers in America” for the last eighteen years.

Medical bills, pain, suffering and loss of quality of life should be compensated by the negligent party. We want to help you and we will fight hard for your case. The dedication of our firm can be seen in our persistent research and dedicated time we devote to each case. Our legal counsel combined with our extensive knowledge and experience in personal injury law will help us to build a strong claim for you. Alleviating the pain you have suffered is our number one priority and we will fight aggressively obtain the compensation you deserve.

Product Liability Claims And Compensation For Damages

Product Liability

Product liability refers to an area of the law in which retailers, distributors, manufacturers and others who make products available to the public are held accountable for any injuries that those products cause. While product liability does apply to manufacturers that have constructed a defective product, it may also include pets, real estate, architectural drawings, fuel and others. Product liability cases are often very complicated and can involve several parties, each protecting their own interests.

If you have been injured as a result of a product you have purchased or used, it is crucial that you contact a seasoned Virginia personal injury attorney without delay to determine your legal options. At Howard, Morrison, Ross and Whelan, we are very knowledgeable when it comes to product liability claims. Our firm will carefully evaluate your case as there may be more than one party responsible for any injuries you have incurred.

In determining the type of product liability involved in your specific case, there are three general categories:

Strict liability means that regardless of your actions the fact that the product was defective means that the other party is held responsible for your injuries.
Negligence is when one or more of the parties involved in the manufacture of the product were negligent causing the product to be defective and responsible for your injuries.
Breach of warranty is when a warranty expresses that a product is safe for use but results in your injury the other party is held responsible.
Product liability cases can become more and more complex as the legal process goes on. Our determined group of lawyers will be by your side every step of the way. Unfortunately, product liability cases often involve severe injuries which can include burns, broken bones or even wrongful death. We understand these cases and the emotional and financial hardships victims are forced to endure. Our firm stands ready to vigorously fight for you. Our legal team will assist you to pursue maximum compensation.

Truck Accidents

General, Injury

An accident with a large truck can have extremely dangerous consequences, ranging from severe injuries to wrongful death. Due to the size of the truck, the passengers in a smaller vehicle are at high risk of serious injury. In addition to the normal side blind spots, a truck driver is not able to see vehicles directly behind the truck and right in front of the truck. Truckers also are under heavy time demands and may operate their vehicles past the point of being able to safely drive, even when restricted by federal regulations.

If you or a loved one has been the victim of an accident with a commercial truck, it is crucial that you contact an attorney immediately. Sharing the highway with a large truck is extremely dangerous. The driver’s condition is unknown; they could be fatigued, drunk, or aggressive, or may not consider that they should travel at a safe speed. Their vehicle could have been improperly loaded, or the maintenance on the truck is overdue, and important safety systems in bad repair, including brakes.

It is very important that you maintain adequate distance as the danger posed by these vehicles is extreme. A truck’s wide turning radius is a common cause for deadly truck accidents, including underride accidents in which the other vehicle is crushed underneath the truck when the truck changes lanes or turns. The number of serious truck accidents that take place throughout our area is shocking; there are frequently multiple fatalities or permanent injuries when large commercial trucks are out of control.

No matter whether your case involves a tired driver, truck operator that was under the influence of alcohol or drugs, or one who was violating federal safety regulations, our legal team has the experience you will need to recover damages. We have recovered millions from large insurance companies, and will fight for you and your right to compensation.

HAVE YOU BEEN INJURED IN AN ACCIDENT WITH A COMMERCIAL TRUCK?
According to the National Highway Traffic Safety Administration (NHTSA), there were over 500 people killed in traffic crashes involving large trucks in 2010 with over 20,000 people sustaining serious injuries – an eighteen percent increase in injuries from the previous year. Unfortunately, most people killed in large truck accidents are the occupants of other vehicles – accounting for 2,700 fatalities in 2010, while only 500 truck occupants of the trucks were killed in the same year.

There are countless factors which can attribute to these disastrous accidents. One of the most prevalent, however, is that of a tired or fatigued driver behind the wheel. Commercial drivers are asked to meet incredibly difficult deadlines, which will often cause them to drive beyond their physical limits. Under federal law, commercial drivers are legally required to meet certain hours-of-service (HOS). This means, that they are required to drive for certain periods of time, with specified amounts of rest.

For example, drivers who are carrying property in their trucks are only permitted to drive for a maximum of 11 hours after they have had 10 hours consecutively off-duty. In 7/8 consecutive days, a driver is not permitted to be driving for longer than 60/70 hours. This consecutive day period may be restarted after the driver has taken a consecutive 34 hours or more off duty.

Unfortunately, drivers do not always adhere to these laws. Many have been known to fudge their logbooks – keeping a real one hidden and then having a fake one that they show to any law enforcement officers who ask for it. This can lead to exhausted drivers on the road. This means that drivers are nodding off and are unable to react in a proper amount of time. Fatigued drivers can be the cause of catastrophic accidents – leading to severe and even life-threatening injuries.

HOWARD, MORRISON, ROSS AND WHELAN CAN HELP
The attorneys at Howard, Morrison, Ross and Whelan, with their 120 years of combined experience can help you simplify your case and win. Our firm has won the title of Best Lawyers in America from 1993-2011. We have helped our clients realize millions in damages. Commercial insurance companies will try to reduce their liability. We are here to fight for you against these big insurance companies. We will pursue justice and the settlement you truly deserve.