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Do You Work With Cases Involving Burn Injuries?

Yes, we have handled a number of different burn cases. The key factor on all of these cases is whether there was negligence that caused the burn. A burn in and of itself is an injury but it still has to be supported by some other negligence.

We have handled a lot of fire cases where we had to look to see what was the cause and origin of the fire itself that caused the burn. A lot of times, if someone was burned using a product, then we would have to see whether the product was properly used, because that would that fall into product liability if the product had a capability to explode and it did not carry any warnings, in which case it would be a warnings case.

The person would certainly have a product liability case if there were inadequate warnings, if the product malfunctioned and caused an explosion or if the item was not suitable for ordinary use.

There would be a number of cause and origin issues in cases where someone was working in a building and a fire broke out. If we could show that the land owner was negligent or careless in failing to eliminate or allowing a dangerous condition on a property that resulted in a fire, we could always sue them for that. There would be liability if they were doing certain types of work with flammable gases, and an electric switch or something ignited it which caused an explosion.

Even if the fire broke out without negligence, there are still a number of codes that require a building to have self-closing doors, it requires that the fire escapes in the city be maintained in a good condition so people can get out, and there is also a certain code that requires sprinklers. In a lot of cases liability can be imposed for burns that happen in a building where the building itself was not up to code, even if they did not create the initial fire. It can give rise to liability if they were not up to code on fire prevention.

A lot of laws require smoke detectors, so they can always make an argument that somebody should have been warned sooner so they could have gotten out before the fire got worse, or if the fire suppression was not up to par or they did not have self-closing doors because the self-closing doors would generally contain the fire to give people additional time to get out.

Do You Work With Carpal Tunnel Syndrome Cases?

I have handled Carpal Tunnel Syndrome cases which were a result of an injury, although I do not really do the repetitive motion type of cases because that would tend to fall under compensation. If someone fell down the stairs and had swelling in the tissues that pinched the nerve or something like that, then that would certainly be an injury attributable to an accident.

If someone was rear-ended so their hands took the impact on the steering wheel really hard, so that it caused an entrapment or inflammation of the nerve, then as long as the doctor could objectively say that the particular carpal tunnel syndrome was caused by that particular trauma, I would certainly handle the case.

What Are Some Examples Of Trucking Accidents?

A lot of the trucking accidents are actually covered by confidentiality agreements, but we have dealt with a number of cases involving trucking where the drivers failed to see what they should have seen.

Certainly, federal regulations require that the drivers and the companies keep a certain number of records and hours of service, which are all things that would need to be looked at for determining the driver’s fatigue. There are also black boxes that record the information as the stops and it can give some indication regarding how the driver was driving his truck.

We have also worked with some trucking experts or truck driving experts who can explain how a truck functions and how it is supposed to work. In one case involving a garbage truck, they claimed a sudden loss of brakes, whereas we were able to use diesel mechanics to prove that it was virtually impossible because of the fail-safe.

We have handled a number of trucking accident cases where we worked with experts to understand the very technical aspects of truck operation and to show that if the truck driver was doing what he was supposed to be doing, then the accident never would have happened.

A lot of trucking cases tend to happen at intersections where the driver is either crossing an intersection, trying to turn around or making a left or right-hand turn, because there will always be line of sight issues. We are able to see what he should have seen, was able to see and then a lot of these things can become very specific.

When they hit a pedestrian, then a lot of times they will enter into an intersection with someone crossing the street and just keep going and the trailer will hit somebody, which is something we see quite often. We have actually won summary judgment on a few of the cases where someone walked into an intersection and the truck began moving and it or the trailer hit them as they were proceeding through the intersection.

For more information on Different Types of Personal Injury Cases, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 574-8330 today.

The Law Offices of Michael H. Joseph