2011 July Archive

A 26-year-old man from Duncan has died after falling into some machinery at his workplace, according to a report in The Oklahoman. The man was cleaning a piece of equipment that uses an auger at a plant in Lawton when he fell in and became trapped. Emergency workers worked for nearly two hours to free the man, who was entangled from the waist down. Lawton Fire Department Lt. Steve Thornton said, “His legs were caught in an auger. They used a forklift to stabilize the auger while cutting it in two (pieces), lifted up the auger and pulled him from the machinery.”

After being freed, the man was taken in an ambulance to a nearby hospital. He died not long after his arrival from severe injuries. The vice president of operations at the plant said that the company will be conducting an in-house investigation into the Oklahoma workplace accident as well as cooperating with all government agencies to discover the cause of the tragedy. A spokesman for the Occupational Safety and Health Administration (OSHA) said that the agency will be investigating the incident.

All places of employment are subject to OSHA regulations for worker safety. While the rules vary by occupation, one thing that is consistent is the responsibility of the employer to have proper safety policies in place to protect workers. When employers ignore safety protocols or take shortcuts, serious and sometimes fatal injuries can occur. If you have been injured while on the job, contact the Lawton injury lawyers at The Maples Law Firm for help you during this difficult time. Our attorneys will take on the task of carefully evaluating your case and fighting for compensation you may be entitled to so that you can focus on recovering. Call 1-888-226-6159 for a free consultation.

As record heat continues across much of Oklahoma, it is important for those who work outdoors, such as construction workers, to take steps to avoid heat-related illnesses. The Occupational Safety and Health Administration (OSHA) has a nationwide outreach for designed to educate laborers and employers about heat illnesses.

OSHA warns that those who work in hot, humid conditions are at risk of suffering heat illness. The risk is greater for those doing strenuous jobs or using bulky protective clothing, like many construction workers must do. Heat illnesses occur because the temperature of the body has risen too much and the body’s own systems are no longer able to bring the temperature back down. Heat-related problems range from heat rash and heat cramps to heat exhaustion and heat stroke, which is deadly. Anyone suspected of suffering from heat stroke should be given medical attention immediately. To help prevent heat illnesses, workers should remember three key factors: water, rest, and shade. Outdoor workers should drink water every 15 minutes, even if they are not thirsty and take breaks in a well-ventilated, shady area. Workers and employers should know the signs of heat illnesses and have an emergency plan in place.

It is the responsibility of employers to take adequate safety precautions for their employees. In hot weather, that means that construction workers and other outdoor laborers have sufficient access to water and enough time to rest out of the sun. If you or a loved one has suffered an accident or injury due to the negligence of your employer, call the Oklahoma construction accident attorneys at The Maples Law Firm. Our lawyers will protect your legal rights and get you the best possible outcome for your case. Call our law offices today at 1-888-226-6159 to get started.

The Triad Group of Hartland, Wisconsin, a subsidiary of H&P Industries, Inc., has shut down among accusations of providing tainted medical products. Earlier in the year, the Triad Group recalled millions of alcohol prep pads because they may have been contaminated by Bacillus cereus, a harmful bacterium that can lead to a potentially deadly infection. The company has been faced with many challenges lately. In addition to the recall, they are facing at least two lawsuits, an investigation by the Food and Drug Administration (FDA), as well as ongoing investigative reports by MSNBC.

The company says it is planning to “move away” from its healthcare division. The chief operating officer of Triad, Eric Haertle, has not admitted any wrongdoing and says that the company will eventually be “cleared of all charges.” He also said that Triad “intend[s] to fight any and all accusations” and that many of the violations identified by FDA investigations have already been remedied. While the FDA has been aware of problems in many of the products made by Triad for years, they did not previously bring any formal sanctions against the company. Many people who were adversely affected by the Triad products feel that the FDA should have done more to protect the public from potentially dangerous products.

When a person is under a doctor’s care for any condition, they trust that the medical supplies being used to treat them are safe and effective. When a medical product cause harm to a person it is supposed to be helping, its manufacturer may be responsible to compensate people they injure or harm. If you or a loved one has been injured by a dangerous medical product, call The Maples Law Firm. Our dangerous product lawyers in Oklahoma City can help you receive what you may be entitled to. Call 1-888-226-6159 today.

Most people have heard of the case where a woman who spilled coffee on herself sued McDonald’s because the coffee was too hot and won a huge settlement. However, the case was more complex than appeared to the public. The customer, who was 79-years-old, spilled an entire cup of coffee in her lap in 1992 immediately after leaving a drive-through. She suffered burns over six percent of her body and was in the hospital for eight days. While she was in the hospital, she lost 20 percent of her body weight, and endured medical treatments for two years following the accident.

The customer offered to settle with McDonald’s for $20,000, which would have only covered her medical bills, but McDonald’s refused. Finally, she sought a lawyer and sued the company. At trial, evidence was presented that McDonald’s forced its franchises to serve coffee between 180 and 190 degrees, which can cause third-degree burns on skin within two to seven seconds. Most other fast food outlets serve their coffee between 135 and 140 degrees.

Evidence also showed that in a 10-year period prior to the accident, there were approximately 700 other burn cases due to the too-hot coffee, and many of those people suffered third-degree burns, requiring skin grafts. A jury awarded the plaintiff $160,000 in compensatory damages and $2.7 million in punitive damages, which was reduced to $480,000 by the judge. The verdict was appealed and ultimately the case was settled for less than $600,000.

This case is a perfect example of an ordinary product (coffee) that has been made dangerous (way too hot) by the retailer (McDonald’s). But does this really explain it all? And what has this case meant for others out there? Since legal documentary Hot Coffee by Susan Saladoff premiered on HBO on Monday, June 27, there has been a lot of discussion about these questions and many others. Visit http://hotcoffeethemovie.com/ for more information and watch the trailer below:

In Blackwell, a 25-year-old woman has been arrested on DUI charges. According to a story by KOCO News, just before 11 p.m. the woman was driving down West Doolin Avenue when she struck another vehicle. The woman was driving a pickup truck and crashed into the back of a Dodge Neon that was carrying a 19-year-old girl, an 18-year-old girl, and a 2-year-old. The two women were taken to the hospital but their condition is unknown. The child was pronounced dead upon arrival at the hospital. The 25-year-old woman was arrested on charges of driving under the influence, second-degree murder, possession of marijuana, and possession of hydrocodone and alprazolam without a prescription.

According to National Highway Traffic Safety Administration (NHTSA) statistics, nationwide 10, 839 people were killed in alcohol-impaired-driving-crashes in 2009 (the most recent year for which statistics are available). On average one alcohol-impaired driving fatality occurred every 48 minutes in 2009. In that same year, 14 percent of children age 14 and younger who died in motor vehicle crashes were killed in an alcohol-impaired-driving crash. Of those 14 percent, about half were occupants of a vehicle whose driver had a blood alcohol concentration (BAC) of 0.08 percent or higher and 15 percent were pedestrians or pedalcyclists struck by a driver with a BAC of 0.08 percent or higher.

While all 50 states have laws against driving under the influence, some irresponsible people chose not to obey the law, often with deadly consequences. If you or a loved one has been a victim of a negligent drunk driver, call the Oklahoma car accident lawyers at the Maples Law Firm today. Our attorneys are on your side and are dedicated to helping you achieve maximum results for your case. Call the Maples Law Firm today at1-888-226-6159 for a free consultation.

In Bethel Acres, a family is worried for the safety of their children after discovering a pack of neglected dogs next door to their property. KFOR News reports that more than a dozen dogs have been left outside without food or water in the summer heat. The dogs have been wandering to neighboring properties in search of food, according to the parents of the children, even killing some of the family’s chickens. The father is concerned that the dogs may go after his children, saying, “(The dogs) got the taste of blood. You don’t know if it’s going to turn on to a kid or what it could be next.”

The neighbor, who is keeping the dogs, says that he is trying to give away the animals. He claims that the dogs were dumped there and he has been doing his best to care for them but cannot afford to feed them all. The man says, “The pound won’t let me take (the dogs) to them because we live out of county. If they come pick them up, they charge me $20 to $40.” According to the Bella Foundation, an organization that helps animals in the Oklahoma City area, most shelters do not charge a fee to drop off a stray and there are several pet adoption agencies that would be willing to help.

When dog owners are negligent in the care of their dogs and those dogs cause injuries to others, that dog owner is responsible for the damages caused. The Oklahoma City personal injury lawyers at the Maples Law Firm will carefully analyze your case and fight for the best possible outcome. If you or a loved one has been injured by a dog bite, that was the result of negligence by the owner, call the Maples Law Firm today at 1-888-226-6159.

According to a story in The Oklahoman, police in Tulsa are looking for a driver responsible for the death of a motorcyclist. After the crash, the driver fled the scene. The motorcycle rider was a 52-year-old man who was traveling on a Tulsa road when a gray or silver Chevrolet Camaro turned in front of him. The man was thrown from the motorcycle, landing on the street. He was pronounced dead at a local hospital. The driver of the Camaro left the scene of the crash and is wanted by police.

In a July 2009 data report by the National Highway Traffic Safety Administration (NHTSA), figures show that while the number of people injured in motor vehicle crashes has decreased since 1999, the number of motorcyclist injuries has increased. In fact, from 1998 to 2007, the number of motorcyclists injured in crashes increased 110 percent. Within that same time period, data analysis shows that about 90 percent of motorcyclists injured in crashes were operating the vehicle while 10 percent were passengers. The largest number of motorcyclists injured fall within the 20-29 age group.

When cars and motorcycles collide, the resulting injuries are often catastrophic. Due to the lack of protection offered by motorcycles and the discrepancy in size and weight between cars and motorcycles, the motorcyclist and any passengers are at increased danger for injury and death as compared to those inside a car. The Tulsa motorcycle accident attorneys at the Maples Law Firm know how difficult it can be to cope with the aftermath of a motorcycle accident. Our skilled lawyers have the experience to help you recover damages you may be owed as the result negligence by another party. Call us today so that our Oklahoma personal injury lawyers can get started on your case right away. Call 1-888-226-6159.

While this is most likely the question on Americans’ minds right now, no one has the true answer aside from what has been provided from the results of Casey Anthony’s not guilty verdict. A jury decided on July 5, 2011 that Casey Anthony was not guilty of killing her 2-year-old daughter Caylee.

According to an ABCNews article, one female juror stated that she did not say Anthony was innocent. Instead, she said that there “was not enough evidence” and, “If you cannot prove what the crime was, you cannot determine what the punishment should be.” Anthony will be sentenced tomorrow morning for the four misdemeanors for lying to law enforcement she was found guilty of committing. She could even be released from jail as early as tomorrow.

While it is being argued that the jury could not prove how the 2-year-old girl died, there are several complex matters surrounding her death, including that her body was not found until after six months of her disappearance. And of course, there are other factors. However, jurors are responsible for basing their verdict on evidence. It may be easy for us to judge Anthony’s behavior after her child died, or even judge the jury’s verdict and show our disapproval, but the burden of proof in the criminal justice system is on the prosecution to prove beyond a reasonable doubt that a certain crime or incident occurred. This is instilled so that innocent people are not convicted of crimes that they did not commit.

Citizens’ faith in the justice system and juries should not falter based on this verdict. You could argue that aspects of the case were not prosecuted strongly or effectively enough, but you could also argue that a strong and effective defense was built.

The judicial system in this country has served its people for decades and juries make their decision based on the evidence provided, not based on their personal feelings or bias towards the issue at hand.

Although the Casey Anthony verdict will certainly go down in history, we cannot forget the foundations of our judicial system and how it is still functioning to the best of its ability as long as people are abiding by the law and fulfilling the obligations of their jobs justly.

Source: http://abcnews.go.com/US/casey_anthony_trial/casey-anthony-juror-sick-stomach-guilty-verdict/story?id=14005609

In a recent segment on the Fox Business Channel, John Stossel, co-anchor of “20/20” on ABC News, stated, “For every person lawyers help, they hurt thousands more.” He is referring here to torts. A tort is a civil suit brought against a defendant for wrongdoing (such as damage, injury, or failure to act) that is done willfully, negligently, or in circumstances where the perpetrator is held to strict liability standards. Commonly, tort lawyers are known as personal injury attorneys. In Mr. Stossel’s opinion, lawyers who practice tort litigation are destroying America with “frivolous lawsuits.” He claims that such lawsuits cost the American people billions of dollars each year.

While there may be some “bad apples” that give legitimate personal injury lawyers a bad reputation, the majority of these attorneys are proving important services to clients in need, as well as the general public. For example, without lawsuits, big businesses would be free to harm and deceive the public without fear of consequences. These lawsuits have protected consumers and saved lives. Government regulation is often not enough to protect the public, but those rules combined with the financial and reputation costs of litigation keep companies responsible for making quality products with high safety standards. When individuals bring a tort suit against a doctor or a business, they are simply standing up for their legal rights when they have been treated unacceptably. The frivolous lawsuits that Mr. Stossel talks about are a rare occurrence when compared with the number of legitimate suits that often are of public benefit.

At the Maples Law Firm, we are selective about the cases we chose to take on. We pride ourselves on choosing only meritorious cases and representing clients who truly need our help. If you or a loved one needs guidance on a personal injury lawsuit, call the Oklahoma personal injury lawyers at the Maples Law Firm today at 1-888-226-6159.