Law & Information
New Child Car Seat Requirements in Oklahoma
Children are fragile beings, especially when riding in motor vehicles. It’s reported that vehicle accidents are number one cause of fatalities for children aged two to 14. The dangers posed to children riding in vehicles have prompted Oklahoma to add new requirements to its child car seat laws. The new requirements went into effect November 1st. Among the new child car seat requirements are the following:
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Documentary Highlights McDonald’s Hot Coffee Lawsuit and Other Legal Issues
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.
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Is Casey Anthony Really Not Guilty?
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.
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New Oklahoma Tort-Reform Affects Awarding of Damages to Injured Accident Victims
Mary Fallin, the governor of Oklahoma, recently signed three bills that would change the state’s civil justice system, according to TimesUnion.com. While supporters of the bills, which become law on November 1, believe that they will benefit the local business climate, opponents believe that these reforms put business and insurance interests ahead of injured Oklahomans.
The 3 proposed civil justice reform bills would affect a civil lawsuit in the following ways:
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Oklahoma Launches New Anti-Texting While Driving Awareness Campaign
Texting while driving is a serious problem nationwide, and Oklahoma officials are cracking down to prevent car crashes related to texting not only involving teens, but for motorists of all ages within the state. According to Bloomberg Businessweek, over a dozen Oklahoma City high school students and safety advocates helped the governor launch an awareness campaign highlighting the dangers of texting and driving. The governor stated that about 700 Oklahoma car accidents, 30 of which were fatal, have involved a motorist who was either sending or reading a text message. Parents of teens lost in Oklahoma auto accidents also came out to show support and spread awareness of the tragedies that can happen because of drivers texting while driving.
Driver inattention is one of the most common causes of car crashes in Oklahoma and across the country. Taking one’s eyes off the road for even a split second can cause an accident with irreparable damage and alter the lives of all motorists involved in a crash permanently. Serious injuries such as brain damage, broken bones, amputation, nerve damage, disfigurement, burns and death can all occur due to an Oklahoma car accident caused by texting while driving.
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Qui Tam and the Whistleblower
While many people often connotatively associate the term “whistleblower” with something negative, this is not the case. In fact, individuals who choose to reveal corporate impropriety are providing a valuable service that the United States government appreciates and awards. Qui Tam litigation refers to just that. Specifically, if one party discovers that another party is in some way defrauding the United States government, then the party who informs the government of said fraud is entitled to a certain percentage of the monetary amount that the government was defrauded.
Qui Tam litigation can center around a variety of fraudulent activities in Oklahoma and throughout the United States. According to the False Claims Act, lawsuits may be brought against corporations or other entities that defraud the United States government by:
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Alachua County Woman Awarded Millions for Husband’s Tobacco Death
According to the Winston-Salem Journal, a widow was recently awarded a multi-million dollar settlement to be paid out by R.J. Reynolds Tobacco Co. While a spokeswoman for the tobacco giant revealed that the company plans to appeal the decision, this verdict is nevertheless emblematic of negligent companies being forced to take responsibility when their products have caused harm to consumers. In the above mentioned case, the widow was awarded $5 million in damages and $12.5 million in punitive damages, all because the woman’s husband died from lung cancer, presumably after using R.J. Reynolds Tobacco Co. products.
Regardless of what type of product a person uses, the company responsible for that product has the obligation to manufacture a product that is free of defect, safe for consumers to use under normal conditions, and does not pose an unreasonable threat to a consumer’s well-being. In instances where a defective or faulty product harms a consumer, or if a product is improperly labeled or lacking an accurate warning notice, the consumer may be able to seek damages from the product’s manufacturer. Negligent manufacturer behavior can take multiple forms, but the most common types stem from the product’s initial design, the way the product is manufactured, and the way in which consumers are warned of potential hazards that a product poses via the product’s packaging and warning labels.
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