Articles Tagged with personal injury attorney

When seven were injured and one killed on a state fair ride in Ohio, officials with the Bangor State Fair initiated additional safety checks on a ride similar to the one that malfunctioned, to ensure there were no future tragedies. In fact, the Freak Out ride in Bangor is manufactured by the same company that made the ride in Ohio. A specialist is slated to check the ride before the fair opens, the operator told The Bangor Daily News, and the Bangor fire marshal’s office inspectors were dispatched to check all mechanical rides. personal injury lawyer

Fair injuries are not unique to Ohio. Right here in Maine, four children were injured in two separate incidents two years ago at the Waterville State Fair. In one incident, the Dragon Wagon ride resulted in three child injuries. The very next day at the same fair, a rider in a mechanical swing wasn’t properly secured in the ride, and fell out of the chair during the ride. Two people were later charged criminally in those incidents.

Deaths on carnival rides are relatively rare, but the problem, as noted by experts quoted in USA Today, is there are not enough safety regulations and too few inspectors. From now through mid-September is considered peak fair season, with state fairs popular in Maine and many other states. But the inspections may not be adequate to catch all the potential problems. For example, Ohio reportedly has eight inspectors in charge of permitting some 3,700 rides annually. The question then becomes how many hours of inspection does each ride get? One expert opined a thorough ride inspection takes between one and three days because the inspector must examine x-rays of the joints and welds.  Continue reading

A decision by the Maine Supreme Judicial Court held that a plaintiff should not be allowed to recover personal injury damages for the wrongful birth of a healthy baby. The child was reportedly conceived after the plaintiff had been implanted with a form of birth control that was inserted into the plaintiff’s arm. mother

The plaintiff gave birth to a boy, who was healthy, in the summer of 2014 when she was 21 years old. However, as she explained to the court, she had visited a health care center to weigh her options for birth control.

According to court records, the plaintiff’s doctor recommended the use of an implantable device manufactured by the defendant. It consisted of a single, four-centimeter-long rod that was to be inserted underneath the skin of the patient’s upper arm with an applicator that looked like a syringe. The drug was designed to prevent pregnancy for at least three years, unless the rod was removed sooner by a doctor. It works by blocking the ovulation process.

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A judge in Central Maine ordered two pit bull dogs euthanized after an August attack in Augusta resulted in the death of a much smaller dog and serious injuries to the deceased animal’s owner.pitbull

The owner of the two pit bulls, who also owns a dog grooming business, had advocated in the Capital Judicial Center to spare the dogs’ lives. During a two-day non-jury trial, the owner had been accused of two civil violations for keeping a dangerous dog. Title 7, Part 9, Chapter 727 of Maine Revised Statutes holds that a person who owns or keeps a dangerous dog commits a civil violation, for which the court must impose a fine of between $250 and $1,000 – none of which can be suspended. If someone is injured as a result of an attack by a dangerous dog, the court can order the identification and confinement of the dogs, as well as restitution paid by the dangerous dog’s owner. If a dog owner or keeper refuses or neglects to comply with a previous court order, and the dog wounds a person or domestic animal, the owner or keeper has to pay the injured person treble damages and costs that are recovered in a civil action.

Chapter 729 of the state’s revised statutes goes over injuries and damages caused by animals, holding in part that when an animal damages a person or property due to the negligence of the dog’s owner or keeper, the owner or keeper is liable in a civil action to the injured person for the amount of the damages caused, as long as the harm wasn’t occasioned by the fault of the injured person. The only time damages would not be owed to a person injured in a dog attack would be if the court finds the injured person’s fault exceeded that of the dog’s keeper or owner.

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The federal agency in charge of overseeing more than $1 trillion in Medicare and Medicaid funds has taken a stand against the commonplace practice of forcing victims of nursing home abuse into resolving disputes via arbitration, rather than in court.gavel

Increasingly, provisions buried in the fine print of nursing home admission contracts have required residents to resolve quality of care disputes within this private system – out of public view. Not only are these proceedings confidential, but also they consistently favor the nursing home. Even when damages are awarded to plaintiffs, they are usually much less than what one would typically receive in a judgement issued by the courts. Arbitrators are chosen by the nursing homes, and there is an incentive for them to resolve cases in a way that minimizes the financial impact to the facility.

This, of course, is inherently unfair, and advocates for years now have been calling for the federal government to step in and curtail such forced arbitration. Now, the Centers for Medicare and Medicaid Services, a division of the U.S. Health and Human Services Department, has taken a major step in restoring a key right of millions of vulnerable, elderly Americans. The agency’s new rule, hailed as the most significant in decades, holds that any nursing home that gets federal funding can’t deny residents and families the right to have their day in court.

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