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Group Blawg

Fresh Insight into Popular Legal Topics

You are here: Home / Archives for personal injury

personal injury

Personal Injuries and Winter Driving

December 4, 2019 by Guest Contributor Leave a Comment

Winter weather has hit America full force, and there are news stories to back it up. Nothing ushers in the seasons like hearing about dozen-car pile-ups and terrible drivers (I know this is Toronto, but terrible drivers are universal). These increasingly dangerous conditions make it important for you to be aware of your personal injury risks. 

 

Low-Speed Collisions

Bumps happen. You can drive as slowly and carefully as possible and still end up in a rear-ending at a red light because the person behind you didn’t leave quite enough space on the icy road. If there’s no real damage, it’s often easiest to just exchange insurance information and carry on with your individual lives. Chances are you’ll bump into someone at some point and will want that good-forgiveness-karma. 

 

If there is damage, either bodily or automotive-ly, you’ll want to talk to a lawyer. They will help you get their insurance to cover your damages and help you recover. Alternatively, if you were the one to cause the damage, a lawyer will help you negotiate with your insurance to make sure you pay the bare minimum. 

 

High-Speed Collisions

 High-speed collisions are always bad news. On freeways or otherwise, losing control while on an icy road can create widespread damage. These make up a large percentage of winter driving fatalities. Cars are unable to stop quickly in winter conditions and can behave unpredictably on ice. This is why it’s important to always take full precautions in dangerous conditions to avoid being slapped with a reckless driving charge.

 

Things happen quickly, and high-speed collisions are sometimes unavoidable. That being said, you can take precautions to keep yourself and those around you safe. These precautions include:

 

  • Purchasing (and installing) high quality winter tires
  • Avoiding driving in squalls
  • Driving slowly when conditions turn bad
  • Putting on headlights and hazards in low visibility situations
  • Replacing old windscreen wipers when they start to become faulty
  • Making sure to leave plenty of space between you and the car in front of you
  • Giving driving your full attention

If you are involved in a collision and find yourself injured, following these precautions will help you to receive the full damages you are owed. Again, a good lawyer is key to ensuring you win your case.

Filed Under: Law, News Tagged With: personal injury

Washington State’s Growing Vaping Restrictions

November 25, 2019 by Guest Contributor Leave a Comment

In response to the outbreak of vaping-related illnesses, labeled E-Cigarette or Vaping product use Associated Lung Injury (EVALI) by the CDC, Washington State has implemented increasingly strict vaping regulations. The state began by banning flavored vaping products in October, signed by the executive order by Gov. Jay Inslee and set to last 120 days. Since the signing of the order, the CDC has determined some primary causes of the illnesses: vitamin E acetate.

 

Vitamin E Acetate

A common ingredient in the black market, THC laced vape products, vitamin E acetate is not meant to be inhaled. When ingested orally or through the skin, as in pills or lotions, the solution is safe and often used as a supplement. When inhaled, the acetate sticks to and burns the lungs. Traces of vitamin E acetate have been found in a majority of EVALI cases, and most commonly in people who have reported using unregulated, THC vaping products. The substance has yet to be found in regulated vaping products.

 

If It’s Vitamin E Acetate, Why the Large Scale Ban?

While vitamin E acetate might be suspected of causing illnesses, it isn’t the reason people are vaping. JUUL and other e-cigarette manufacturers have been under heavy criticism, including lawsuits, for their part in getting minors addicted to nicotine through flavored vaping products. Statewide bans of flavored vaping products have been put in place in multiple states, and Washington State just implemented a ban on all vaping products containing vitamin E. It is currently unclear what the most recent ban will do, as most of the products currently containing vitamin E acetate are already unregulated and manufactured outside the scope of the law. 

Beyond the ban of the suspected substance, banning flavored vaping products is also an attempt to reduce the number of minors at risk of developing an early nicotine addiction. E-cigarettes have incredibly high nicotine levels and were marketed heavily towards a younger audience. This marketing failed to acknowledge all the risks of nicotine addiction, and flavored products make vaping more appealing to minors than traditional smoking. The ban is hoped to stem the rising tide of minors who will suffer the life-long effects of nicotine addiction.

Filed Under: News Tagged With: defective product, EVALI, personal injury, vaping

The Leading Causes of Child Injuries (And How to Avoid Them)

November 13, 2019 by Guest Contributor Leave a Comment

Seeing your child, or any child, get injured can be traumatic for both you and the child. The effects of which can follow the child for the rest of their life. If you have a child and want to do your best to avoid them getting injured, you should know the most common injuries faced by children. This will help you to prepare and fight against them.

Chart showing leading causes of child injury

Falling

Unintentional falls are the most common causes for unintentional injuries resulting in emergency room visits, with an estimated 1.64 million cases reported in 2017. Falls are never completely unavoidable, as children are going to stumble as they’re learning to walk and the Earth isn’t a completely smooth sphere. The best way to keep your child safe from injuring themself is by taking note of the unguarded ledges of your surroundings and keeping a close eye on your child. If your child gets seriously injured from a fall in and area that was meant to be protected you may be able to claim for damages on behalf of your child.

 

Unintentional Struck by/Against

If your child is accidentally hit it can be hard to know what to do. Over 850,000 children were hospitalized due to being struck accidentally in 2017, some of which could have been avoided. The best way to avoid having you child be hit accidentally is to avoid situations that might involve erratic activities, such as group sports with participants older and/or larger than your child. If they do participate in such activities, make sure to watch that they don’t get out of hand. 

 

Bite/Sting (Not Dog)

Animal bites and stings are extremely common, with 298,000 children being hospitalized for them in 2017. These can sometimes be difficult to avoid; bees sting, animals bite. The best way to keep your child from getting bit is through education. Teach your child to respect and observe animals from a distance. The lesson is consistent with bugs, for the most part. Bees generally don’t want anything to do with people and teaching your child to remain calm in their presence will drastically reduce their risk of getting stung.

 

Overexertion

Overexertion occurs when a child is pushed physically beyond their limit. This could be due to exhaustion, hunger, dehydration, or all of the above. Overexertion can take the form of extreme fatigue, losing consciousness, decreased cognitive function, and simple inability to function. Sports and video games area common causes of overexertion in children, meaning it can be avoided with observation and making sure your child is sufficiently rested, fed, and is not trying to do things like lift heavy boxes. 

 

Cut/Pierce

Being accidentally cut or pierced is a risk of being a child, and 213,000 children were sent to the emergency room with related injuries. Similar to bites and stings, the best way to avoid injuries is through education. Teach your child knife and blade safety (this doesn’t mean giving your child a knife, just teaching them things like not taking food off a cutting board while cutting is still happening). Removing the mystery from dangerous objects helps to lower the desire to interact with the objects. Beyond education, keep sharp objects away from young children. Install child-locks on knife drawers and tool boxes. If you see your child(ren) playing with a sharp object, remove it and explain why its a bad thing to play with. 

 

Foreign Body

If your child is hospitalized due to a foreign body, they probably found something to interact with that was smaller than it should have been. These injuries are most common with young children between the ages of 0 and 3, and the objects are often common household items such as coins, marbles, or jewelry. The main way to avoid these injuries is to keep a close eye on your child and pay attention to what they’re putting in their mouths and other orifices. Keep coins and jewelry on high shelves and make sure to buy child-safe toys.

 

Motor Vehicle Occupant

One of the scarier injuries children may face are as a result of being passengers in a car. Car accidents can happen at no fault of your own and be devastating for everyone involved. The best way to keep your child safe while they’re in the car is by following the CDC suggestions for restraints and by always driving safe. Seatbelts and other child restraints save countless lives annually, and the best way to teach a child the importance of buckling up every time is through example.

Filed Under: News Tagged With: child injury, personal injury

Industries With the Highest Drug Abuse Rates

November 11, 2019 by Guest Contributor Leave a Comment

With the ever-increasing number of states legalizing marijuana and the growing opioid epidemic, employers wouldn’t be out of line to be worried about drug usage among their employees. Beyond simple employer worries, recent surveys have shown steady increases in drug usage among professionals in a number of sectors, largely manual work.

 

The Construction Industry

Workers in the construction industry have seen a 46.7% increase in marijuana use since 2018. Beyond that, 3.4% of construction workers reported using non-prescription opioids. For comparison, the average non-prescription opioid use rate for other professions is about 2%.

These numbers are largely due to the nature of the work, which is straining and can easily lead to injury. A large percentage of opioid abuse begins with an official prescription given after an injury. Worker’s compensation is often more willing to cover opioid prescriptions that better long-term solutions such as physical therapy or surgery.

 

Oil and Gas Extraction

There are about 161,300 people working in oil and gas extraction in America, and, when grouped with construction workers, had a 12.2% fatal injury rate in 2017. High-stress jobs such as oil and gas extraction can lead to workers self-medicating with marijuana or, in the case of a more serious injury, opioids

 

Other Industries

Some other industries also saw high rates of drug abuse, whether marijuana, opiates, amphetamines, or cocaine based. Of the entertainment, recreation, and food services industries (all of which had at least double the national rate of drug usage), the food services industry is the most interesting due to its 17.3% drop in marijuana usage over 2018. 

 

The Takeaway

More dangerous industries have higher rates of drug use, as workers are more likely to self-medicate. Jobs involving manual labor are more likely to produce work-related injuries that the worker is unlikely to be able to afford thorough care for. When faced with an option between an expensive and time-consuming healing process on their own dime or an opioid prescription covered by their worker’s comp, a worker shouldn’t be expected to take the former.

Filed Under: News Tagged With: personal injury, workers' compensation

Avoiding Injuries on Halloween

October 30, 2019 by Guest Contributor Leave a Comment

During the time of year where you can’t quite tell if the person on the bus wearing a steampunk top-hat and pink tulle skirt is in costume or just living their best life, it’s important to keep safety in mind. 

The evening of Halloween has historically had one of the highest rates of emergency department visits of any holiday in America. When you narrow those injuries down to child-pedestrian injuries, it becomes the highest. 

 

Most Common Injuries

Hand Lacerations

While not fatal, hand injuries (largely lacerations) make up a large percentage of emergency department visits. The culprit? Improperly carving pumpkins. Children can hurt their hands from the combination of thick pumpkin skins, sharp (or dull) knives, and underdeveloped hand-eye coordination. Adults hurt themselves from using the wrong tools and having worse hand-eye coordination than they might think they have. 

 

Whether you’re an adult, a child, an adult responsible for a child, or a child responsible for an irresponsible adult, having the right tools is vital. Pumpkin carving kits are specifically designed for carving pumpkins and are relatively inexpensive. 

Remember to never carve a pumpkin without supervision. Even if you think you’re responsible and are using the right tools you don’t want to risk cutting off a finger and trying to deal with that all on your own.

 

Extremity Injuries

Extremities (hands, feet, wrists, ankles) are at particularly high risk during Halloween, and not just from pumpkins. The mix of long costumes, reduced visibility due to masks/face paint, and cold weather make nasty falls common. Extremity breaks and fractures are an extremely common injury on Halloween.

 

The best way to avoid a fall and an emergency department visit are by ensuring your costume would be safe to play basketball in. Can you run, maneuver quickly, and not be surprised when you get hit in the face by a basketball? If not, make some adjustments. Trim the hems, wear practical shoes, and make sure you can see. If you are responsible for anyone else, make sure their costume also follows these guidelines. 

 

Pedestrian Injuries

Unfortunately, Halloween has one of the highest child pedestrian fatality rates of the year, and it’s pretty clear to see why. Children wear costumes that obscure their vision, cross the street at places other than formal crosswalks, and many of them are trick-or-treating right at dusk or soon after it gets dark. Statistics completely unrelated to Halloween show that most pedestrian fatalities occur between 6:00 and 9:00 PM, which is incidentally when most trick-or-treating also occurs.

 

If you are responsible for a child on Halloween make sure they follow proper safety precautions. Only use proper crosswalks when crossing the street, get your kid to stick some reflective stickers on their head or whatever portion of their body is the most visible, and make sure to never let them just run across the street. Risk being labeled the over-protective adult: it’s worth it if it keeps them safe on the highest-risk night of the year. 

 

Poisoning

People poisoning or putting razor blades or needles in candy is pretty much unheard of. No one does that. But that doesn’t mean all the candy your kid gets is safe. Spoiled or tainted candy is a risk, but an avoidable risk. 

 

Teach your kids how to recognize unsafe food. Also, teach them to bring anything they’re unsure of to you. The best way to avoid eating spoiled candy is to not to eat spoiled candy.

 

Stay Safe Out There

While it might seem fun to see an emergency department chock full of both real nurses and modified nurses (zombie, vampire, sexy, or otherwise), it’s honestly best to try and avoid it altogether. Keep safety in mind while you’re roaming the streets, and force safety onto those you are responsible for.

 

Go out, enjoy the night and the candy, and try not to need any medical attention!

 

UPDATE: 11/1/2019

A couple people in Ohia did find razor blades in their Halloween candy in Ohio this year, but there have been no cases of death by poisoned or razor-bladed candy. Still, keep an eye out and check your kid’s candy.

Filed Under: News Tagged With: personal injury

PG&E’s Liability

October 29, 2019 by Guest Contributor Leave a Comment

Recent California news cycles have thoroughly covered how the top utility company of the state, Pacific Gas and Electric (PG&E) has been preemptively shutting power off to millions of homes in an attempt to reduce fire risks. If you’ve been following the news, you’ll also know that half of California is currently on fire. This is due to a number of factors, not the least of which is climate change, but a number of fingers are being pointed at PG&E, and for good reason.

 

History of Mismanagement

PG&E is privately owned by the PG&E Corporation, despite being overseen by the California Public Utilities Commission. The company declared bankruptcy in January of 2019, the second time in two decades. Their prior bankruptcy scandal was due to a lack of statewide utility regulations and lasted between 2001 and 2004. 

The most recent PG&E bankruptcy can be filed up to mismanagement. The past two decades have seen the company regularly neglect necessary maintenance in favor of providing benefits to company executives and shareholders. The failure to maintain power and gas lines has led to the company being held responsible for multiple fires, including the devastating Camp Fire in 2018. 

Much of California’s electric grid is outdated, with power lines that aren’t fire-insulated and trees that need to be removed. Routine fixes can be dangerous, with an average of about 400 utility workers getting electrocuted every year in America. Of course, the best way to avoid being injured by old power lines is to install safer replacements. These replacements not only protect workers, but also those living nearby.

Part of the routine maintenance also includes trimming and removing trees that are interfering with power lines, as they create a huge fire risk, especially in dry and windy areas (i.e. most of California). 

After the Camp Fire of 2018 and its following lawsuits, PG&E was ordered to take responsibility for its necessary maintenance, including removing over 100 million trees that had become risks. PG&E, which was already preparing for bankruptcy, considered it more than its resources could handle to do so. 

 

Our Current Situation

This all leads us to today. Wine country is on fire again, Vallejo is looking like a scene Dante could only dream of, and pretty much all of Southern California is at high risk. While cause cannot be determined until after the fires are controlled, the footage from the start of the Kincade Fire is alleged to show PG&E’s responsibility. Despite the mass power outages, the power station near Sonoma had not been shut off due to the winds not being considered high-risk enough. Unfortunately, that station was suspected to have a serious default, which is thought to have caused the fire.

The Kincade fire has now displaced thousands of families, burned over 66,000 acres, and has destroyed over 40 homes. 

These fires are causing lasting damage, and are becoming more common. While PG&Es mismanagement can’t be considered the sole factor in their increasing frequency, the company needs to see actual consequences for its damage to the state’s infrastructure.

Filed Under: Business, News Tagged With: bankruptcy, personal injury

How Your Violent Charge Gets Classified

October 24, 2019 by Guest Contributor Leave a Comment

When defining violent charges, it can be hard to see where the lines cross from simple assault to assault to battery. It’s important to know the difference between the penalties for each and to know how to avoid charges that are more severe than necessary. 

 

Assault

Simple

Simple assault describes instances that involve a minor injury and/or minor threat of violence at most. It is the most minor of assault and is usually charged as a misdemeanor. There are certain protected classes of people for which those who assault them are given harsher sentences. Members of this protected class often include police officers, mental health workers, social services workers, and disabled and elderly persons.

Aggravated

Aggravated assault describes instances in which serious harm is done or threatened the victim. It can result in serious injury and is especially dangerous with the use of a deadly weapon. Use of a deadly weapon opens up a separate case in some states and can lead to serious criminal charges including, but not limited to, jail time, fines, and/or community service. Aggravated assault is considered a felony offense with consequences of up to 20 years in prison. If the assault was against a protected class or used a deadly weapon, jail time and other penalties can be increased.

Sexual

Sexual assault, as well as aggravated sexual assault, involves the threat and/or action of non-consensually engaging in sexual acts with a victim. They are usually defined as felony offenses, and consequences can range from one year to a lifetime in prison. Additional penalties often include court-ordered rehabilitation while in prison.

As with other forms of assault, penalties increase if the assault is committed against a protected class, a minor, or use of a deadly weapon occurs.

Battery

The difference between battery and assault has become less relevant over the years, with many charges being labeled as “assault and battery,” as opposed to either one individually. Semantically, where assault covers the threats of violence, battery covers the followthrough and actual physical violence.

Dropping Rates/Rising Rates

Violent crime charges are serious and varied. Penalties change drastically when factors such as the aggressor and/or the victim being a minor come into play, whether it is a recurring charge, and the degree of the damages done. Fortunately, violent crime in the United States has seen a drastic drop since its peak in the early 90s, with a drop from 758 violent crime cases per 100,000 people in 1991 to just 368 cases per 100,000 people in 2018. 

 

While violent crime rates as a category are dropping, unfortunately, some cases of assaults are on the rise, largely sexual assault. Some of this is due to the FBI updating its outdated definition of rape to focus on consent rather than force, therefore classifying more crimes as rape, but there does seem to be a considerable upward trend since 2013. According to the National Criminal Victimization Survey, estimated rapes (beyond just what is reported) have drastically increased since 2013. 

 

No matter what the trends say, violent crime can ruin a person’s life completely. Whether you have been unfairly punished or were a victim of a violent crime, it is important that you know how to put your experience in legal terms.

Filed Under: Law, News Tagged With: criminal defense, criminal law, personal injury

Elder Fight Club: Worse and More Common Than You’d Think

October 21, 2019 by Guest Contributor Leave a Comment

A recent story out of North Carolina revealed an illegal fight club being run by nursing home workers, forcing dementia patients to fight each other as the workers watched and recorded. It’s a horrific look into the mismanagement and abuse present at one nursing home but fails to recognize the common nature of such abuse.

While the specifics of the case may be rather particular, elder abuse, and nursing home abuse, in particular, is rampant across the country. Elder abuse can come in many forms, from emotional to physical to financial, and it’s estimated that as many as 1 in 10 elders has experienced some form of abuse. This is due to their often vulnerable and isolated nature, and the desire of for-profit institutions to cover up any allegations of abuse by their staff members and residents. Abuse can be in the form of:

  • Physical violence
  • Sexual assault
  • Unnecessary drugging
  • Failure to provide the correct medication 
  • Failure to provide food
  • Causing emotional stress through humiliation or intimidation
  • Failure to meet hygiene needs

24.3% of all elders living in nursing homes report having experienced abuse since moving to a nursing home.

 

While physical and emotional abuse are crippling to both elders and their loved ones, elder negligence is just as destructive, and it affects 14% of all elder abuse victims. Neglect is more likely to happen at home than in a nursing home but is still more common than it ever should be. Neglect occurs when an elder’s basics are not met, which can happen either intentionally or by accident. Many families simply are not equipped to take comprehensive care of a dependent elder. This is why nursing homes are such an important part of our communities, and why they need better oversight.

 

Elders have basic human rights, and should never be treated like they are less than. Elders who have been abused usually show certain signs, including:

  • Unexplained bruising
  • Bedsores
  • Unexplained bleeding
  • Unexplained behavioral changes
  • Loss of possessions
  • Overmedication

Elder abuse affects the entire community and can be perpetrated by nursing home employees, fellow residents, or even family members, male or female. If you or your loved one is the victim of elder abuse, it’s important that you report the abuse to try and slow the rampant abuse present in our country.

Filed Under: Law, News Tagged With: elder abuse, nursing home abuse, personal injury

This Is Your Brain on Auto Accidents

October 16, 2019 by Guest Contributor Leave a Comment

The potential traumas of collisions on your brain and spinal cord

Auto accidents, even minor collisions, pose a risk to your head and back. Not only can damage to your central nervous system be difficult to heal, but it can also be life-altering and expensive. This is why it’s important to know how to recognize, catch early, and fight for damages after a collision-caused brain or spinal injury. 

 

Recognizing the Symptoms

Head and spine trauma are common injuries in auto accidents, but that doesn’t mean they’re minor. This is why both doctors and lawyers alike highly recommend visiting a medical professional and/or a chiropractor as soon as possible after a collision. Professionals can see issues before symptoms even begin with the help of MRIs and years of professional experience. If you were recently involved in a collision and are experiencing symptoms such as 

  • Dizziness
  • Nausea
  • Blurred vision
  • Loss of consciousness
  • Seizures
  • Numbness in extremities, or
  • Slurred speech,

you should seek medical attention immediately. If you were in a major collision and are feeling multiple of these symptoms, you may have suffered a catastrophic injury.

 

Spinal Injuries

Injuries to the spinal cord can have lasting and devastating consequences, including nerve damage and paralysis. Spinal injuries can occur in many locations along the spine, but are normally centralized around the neck and are a result of whiplash. Other injuries include slipped or herniated discs and fractured vertebrae. Spinal injuries are often eligible for high damage claims due to their severity and chronic nature.

 

Traumatic Brain Injuries (TBI)

 Traumatic brain injuries describe instances where head and brain injuries cause physical and/or chemical damage to the brain cells, often resulting in permanent damage. TBI is not necessarily life-threatening, but repetitive injuries can dramatically increase the risk of terminal damage. Causes can be whiplash, being hit, falls, and collisions. TBI can lead to behavioral changes and can severely impede everyday life, which is why recovering damages after suffering from TBI is vital for getting back on your feet.

 

Fighting for Damages

Head, brain, and spinal injuries can occur from any auto collision, which is why you should contact a personal injury lawyer as soon as possible after learning about your injuries. Damages are available whether you were involved in a car, motorcycle, or trucking collision. Most personal injury lawyers have FAQs on what to do immediately after a collision to maximize damage claims and ensure the smoothest litigation process possible.

Filed Under: Law Tagged With: brain injuries, head injuries, personal injury, spinal injuries, TBI

Looking at Climate Change Through a Personal Injury Lens

October 15, 2019 by Guest Contributor Leave a Comment

Recent years have seen a flood of lawsuits by climate change activists targeting governments, corporations, and federal agencies. Many of the plaintiffs are younger, between the ages of 5 and 25 in some cases, and their main argument is that lack of action or, worse, destructive actions are threatening their right to life, health, and future property.

 And they might have a case. A recent lawsuit in Alaska featured a lead client whose hometown was literally wiped off the map, the cities of San Francisco and Oakland sued oil-giant Chevron for being a public nuisance (Chevron owns an oil refinery just Northeast of the cities), and the UN removed Exxon Mobile’s lobbying power due to the undeniable effects of of the fossil fuel industry on the climate. Given the sheer number of cases, let’s take a look at the effects of climate change, and how a plaintiff could use them in a personal injury case.

 

Product Liability

A product liability case could actually be a viable way to take on large, polluting industries. For a claim to be brought forward, at least one of three premises must be present:

  1. Defective Design
  2. Defective Manufacturing
  3. Defective Marketing

As we can all remember from the recent Volkswagen scandal, defective products can have a significant impact on the lives of an entire population, not just the user. Since the VW cars were designed with higher than acceptable pollution levels, cheated tests during manufacturing, and were marketed as “clean diesel cars,” this one has all three product liability premises clearly present. What makes things more complicated is when cars do meet the emissions standards, but it is known that all cars pollute. Does a design that inherently advances climate change count as defective? What about manufacturing practices that are up to code but use products that aren’t from sustainable sources? Designs for more fuel-efficient cars exist, so wouldn’t the production of a car not utilizing the more efficient technology count as defective?

There are obviously gray areas and complicated matters here, but a product is being made and sold with the scientific knowledge available that the product is helping to cause health issues in children and adults alike. 

 

Injuries to Children

According to a release from the EPA, children are more vulnerable to the environmental damages done by greenhouse gas emissions. Children living in highly polluted areas are more prone to lung disease, asthma, and water- and food-borne illnesses. Beyond the direct health impacts are the wider climate impacts such as increased weather volatility, resulting in extreme heat, wildfires, extreme storms, and flooding, all of which pose great risks to the safety of children. If an industry can be pinned down for their contributions to climate change, either local or global, they may be liable in a child injury case. 

While it may not be the same case as if a child got hurt while swimming in a pool with a negligent lifeguard, children are getting injured as a direct result of negligent companies. There is scientific evidence of the damages involved in running a high-polluting manufacturing plant, but many cities are home to such plants.

 This could be considered the fault of the city but is more accurately the fault of the plant owner. While cities have the ability to deny companies the right to manufacture within their limits, this generally just relocates the project to a city with less political sway, leading to what is known as environmental racism. No matter who specifically ends up being charged, children are being hurt.

 

Wrongful Death

Similar to child injuries, a wrongful death case against a corporation or industry would be related to the health implications of the effects of anthropogenic climate change. This can include lung disease, asthma, or, like a case coming out of Peru, death from rapid environmental change. Saúl Luciano Lliuya is currently suing GWE, the German energy producers, for the effect their industry is having on global temperatures that could cause the glaciers above Lliuya’s village to melt, destroying his town. German courts are currently looking into his case and believe it to be valid.

If someone dies unexpectedly due to climate change-induced events, their family might be able to go after those who have been contributing to its advancement.

 

Serious Injury

A serious injury case could follow similar beats to the wrongful death case, but with less death. Serious injury could cover damages from particulate matter in the air causing illness, or damages from natural disasters that were caused by climate change. An individual, or group of individuals, with pollution caused illness they got from working with pollutants in a manufacturing plant could file for damages from toxic substances. 

 

Denial of Civil Rights

Everyone has the basic right to life and health, according to the 3rd and 25th articles of the Universal Declaration of Human Rights. If an industry is infringing upon that right of those who will grow up in a world that is becoming more dangerous and unhealthy due to climate change, they may be denying the civil rights of those people. 

 

Mass Tort or Class Action Lawsuit

It’s unlikely that any one individual case is going to make a global impact, which is why it’s important to look at the value of massive lawsuits, made up of thousands of plaintiffs. Whether its a mass tort or class action lawsuit, we’re likely to see at least one groundbreaking case soon.  

These examples are interpretations of how certain cases could fit into a personal injury mold: a simple thought exercise. That being said, more and more people are experiencing injuries due to climate change, and there are clear industries responsible. Maybe personal injury claims aren’t too far off after all.

Filed Under: Law, News Tagged With: climate, personal injury

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