Personal Injury

April 5, 2014

Bad Morals –> Bad Economics

by Louthian Law Firm

FDR said, in his second inaugural address, “We have always known that heedless self interest was bad morals, we now know that it is bad economics.” He was referring to the abuses that led to the 1929 stock market crash and the Great Depression.

Even now, nearly eight decades later, we find that corporate greed has led to unconscionable decisions which, in turn, have resulted in peril for one of America’s industrial giants and for millions of American citizens. I’m referring to the choice by GM not to spend one dollar per car to correct the problems with the ignition switch that has cost at least 12 people their lives and caused 31 accidents. GM itself faces a criminal investigation and multiple lawsuits alleging they knew about the faulty ignition switches in 2002 but waited until 2014 to recall a total of 2.5 million vehicles that have ignition switches that may easily be moved out of the “run” position and into the “auxiliary” position, causing loss of power, steering, braking, airbags and lighting. That’s bad economics any way you look at it.

March 14, 2014

Brain Injury Awareness Month

by Louthian Law Firm

Sometimes it takes a mental picture to get across an important message. Try this one: Visualize the end zone of USC’s or Clemson’s football stadium; now imagine that 3 out of every 4 seats are occupied by individuals who have a permanent disability due to a traumatic brain injury. That’s how many South Carolina residents are living with physical, cognitive and behavioral limitations due to a TBI which they survived . . . 61,000 in the state of South Carolina.

March 10, 2014

Wins For Whistleblowers

by Louthian Law Firm

Two recent court rulings are of interest to us as a law firm which represents the rights of whistleblowers who bring to light fraudulent activity.

The first is a decision of the U.S. Supreme Court in Lawson v. FMR, a case in which the whistleblowers worked for a contractor hired by Fidelity Investments to provide advisory and management services. The two employees were dismissed after they raised concerns about what they claimed were misrepresentations in the fees charged to shareholders and the disclosures made to the SEC.

March 4, 2014

2V Or Not 2V, That Is The Question

by Louthian Law Firm

And the answer, announced last month by the National Highway Transportation Safety Administration (NHTSA) is 2V . . . or, more precisely, V2V.

V2V technology allows vehicles to communicate with each other and to share important data with the driver. For instance, basic safety data like speed, location and direction of travel are collected from a 360-degree radius, analyzed for risk, and used to warn the driver to take action (like removing a foot from the gas pedal) to avoid common types of crashes like rear-end and intersection collisions.

This advancing technology was tested in a year-long pilot program run in Ann Arbor, Michigan, by the U.S. Department of Transportation. They outfitted almost 3,000 vehicles with Dedicated Short Range Communications (DSRC) capability – a technology similar to Wi-Fi ; recruited and trained volunteers; and sent the vehicles out onto 73 lane-miles of city streets and freeways.

February 21, 2014

Guns In Bars? What’s The Sense Of It?

by Louthian Law Firm

There’s a bar in Kazakhstan named Guns N Roses. It’s probably not a place you’re going to frequent – it’s a bit of a drive to get there. A little closer is the Double Shot Liquor & Guns store in Schulenburg, Texas. It even has a drive-thru window. Still too far to travel? Well, thanks to the law recently enacted in South Carolina, you can now take your family to a restaurant just down the street and be in the presence of both alcohol and ammo.

On February 11, 2014, South Carolina Gov. Nikki Haley signed into law Senate Bill 308, the “Concealed Carry Reform Bill.” It permits gun owners who have a Concealed Weapons Permit (CWP) to take guns into establishments that serve alcohol. Those who tote are not supposed to tipple, but who’s to know?

Some folks have applauded this legislation which enhances the rights of gun owners. But what about the rights of others involved?

February 18, 2014

Graco Car Seat Recall

by Louthian Law Firm

We seem to be stuck on the topic of car seats lately, having written about regulation reforms and how-to’s. But a recent recall by Graco, one of the world’s largest manufacturers of car seats and other equipment for children, deserves attention since it affects a massive number of seats in which a child can become trapped due to a sticking latch mechanism.

The National Highway Traffic Safety Administration (NHTSA) asked Graco to recall the car seats and booster seats out of a concern that children could be harmed when the quick-release button isn’t quick and, in fact, in some cases doesn’t release at all. Graco “voluntarily” recalled 3.7 million toddler seats but so far has declined to recall an additional 1.8 million infant seats found by NHTSA to “contain a defect related to motor vehicle safety,” i.e., a latch that impedes the quick removal of a child in an emergency situation.

Graco says no injuries have resulted from the stubborn latches, even though desperate parents have reported having to cut the harness straps or call emergency personnel to extricate their child. NHTSA’s January 14 letter to Graco, however, mentions a pending California lawsuit that describes just the tragic situation NHTSA hopes to prevent. In that case, a two-year-old child was fastened into a Graco car seat and perished in a fire resulting from a car accident, allegedly because she could not be quickly removed.

February 11, 2014

The Gift Of A Healthy Heart

by Louthian Law Firm

Valentine’s Day is rapidly approaching and a new study says we should be paying as much attention to our sweet tooth as we do to our sweetheart.

A new study, the biggest one so far, warns that eating too much sugar can greatly increase the risk of cardiovascular disease (CVD), which includes heart attacks, strokes and artery disease. In the past, we were encouraged to limit our sugar intake so that we wouldn’t become obese, or so that our teeth wouldn’t rot. Now the research shows, as Dr. Laura A. Schmidt states in a February 3, 2014, article for JAMA Internal Medicine, “Too much sugar does not just make us fat; it can also make us sick.”

Researchers from the Centers for Disease Control and Prevention (CDC) analyzed data from more than 31,000 people, gathered from 1988 to 2010. They found that people who consumed more than the recommended amount of calories from added sugar were more likely to die of heart disease. (Added sugars are those incorporated into food during processing and preparation, as opposed to sugars naturally occurring in fruits and vegetables.)

February 8, 2014

Car Seat How To’s

by Louthian Law Firm

Did you know?

When installed and used correctly, car seats and restraints can reduce fatal injury by up to 71% for infants and 54% for toddlers.
7 out of 10 child safety seats are not installed correctly.

February 7, 2014

In The News

by Louthian Law Firm

This year we’ll be celebrating Presidents’ Day on February 17. Originally established to celebrate George Washington’s birthday, President’s Day is now viewed as a day to celebrate all U.S. presidents.

We’re in mind of Thomas Jefferson, author of the Declaration of Independence and the third U.S. president, who said, “Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”

Why did Jefferson think so? Because the media plays an important role and provides a great service to the public by informing them about topics that could have a direct impact on their life, liberty and pursuit of happiness. And why are we reminded of this just now? Because news organizations have been following and reporting on a situation of great importance to residents in our area – the groundwater contamination by a Hoechst Celanese polyester fiber plant previously located in Spartanburg. Residents of the Cannons Campground community allege that the pollution has exposed them to serious health issues, including cancer, sometimes leading to untimely death.

January 31, 2014

On The Hot Seat

by Louthian Law Firm

Once again Toyota has come under fire, so to speak, because of a manufacturing/design defect in some of their vehicles. The problem is that the materials used in their heated seats – such a welcome luxury this time of year – are not as flame resistant as required by U.S. regulatory standards.

South Carolina Car Injuries

Toyota has issued a stop-sale order to their dealers for the affected models, which include the Camry, Camry hybrid, Avalon sedan, Avalon hybrid, Corolla subcompact, Sienna minivan, Tundra and Tacoma trucks made since August 2012, when the fabric supplier was changed. So far there hasn’t been a recall of cars already on the road.