The Pitfalls Of Legal Immunities.

Posted on August 10, 2018 by gil hoy

It is often said that no one is above the law, a popular refrain that aims to instill a sense of equality in one major facet of society. While it is generally true that the law applies equally to all citizens (at least on its face), special interest groups that represent a particular class of people are sometimes able to successfully lobby for legal immunities, which precludes the possibility of legal liability in particular situations. This can present a problem, as when someone is injured as a result of negligent behavior, we rely on tort law to make them whole again. In such a situation, it may be wise to contact an expert personal injury attorney at 617-787-3700.

Examples of these legal immunities vary from state to state. For example, owners of a major league baseball park in Phoenix cannot be sued by fans who have been injured at the game, even though some of the designs implemented by these owners have been shown to increase the risk of injury. Several states have also passed laws to protect car dealerships from lawsuits resulting from defects in the design or operation of the cars.

In a highly publicized example of legal immunity, the MGM Casino in Las Vegas, the site of the horrible mass shooting on October 1, 2017, is testing a legal theory that it should be immune from any lawsuit brought by victims and their families. MGM is citing a law passed after the September 11 terrorist attacks that shields security providers from lawsuits in the case of terrorist attacks. MGM has therefore commenced lawsuits against the victims and survivors, seeking a ruling in federal court that will grant them this immunity. Regardless of the outcome, legal immunities present interesting questions surrounding the nature of liability and the efficacy of tort law to compensate victims who have been injured through no fault of their own.

If you or a loved one has been injured as the result of the negligent acts of another, you may be entitled to significant monetary relief. Act now and contact one of our expert personal injury attorneys here at the Law Offices of Gilbert. R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

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Batteries Are Sending Children To The Emergency Room More Often Than Ever, According To Reports.

Posted on August 10, 2018 by gil hoy

Child-safety is at the forefront of any parent’s mind, as children are far too naïve and unaware of the workings of the world to take care of themselves. This presents two problems, however: number one, parents are not able to keep 24-hour surveillance on their children; and number two, many of the things that we need to run our everyday lives are exactly the kinds of things that can cause injuries to children. Kitchen appliances, outlets, and other such household items serve as examples. As such, manufacturers must be sure to warn consumers if a product is not safe for a child, while parents must use common sense to determine when an item is potentially dangerous. In such a situation, it would be wise to contact an expert personal injury attorney at 617-787-3700.

According to a newly published study, button batteries have become a much more frequent cause of children going to the emergency room. Button batteries are small, smooth, circular batteries that are used inside thermometers, calculators, remote controls, hearing aids, games and toys, key fobs, cameras, electronic jewelry, holiday ornaments, bathroom scales, and more. The more consumer products utilize these batteries, the higher the risk that a child will swallow one and be injured.

One major challenge is that when a child does swallow a battery, the symptoms are not immediately apparent. Once swallowed, these batteries trigger a chemical process that can rapidly burn through tissue, and one study has indicated that over 12% of these occurrences are fatal.

If you or a loved one has been injured as the result of a faulty product, you may be entitled to significant monetary relief. Act now and contact one of our expert products liability attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call us today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

 

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Johnson & Johnson Loses Big In Baby Powder Asbestos Case, Forced To Pay Over $4 Billion.

Posted on July 25, 2018 by gil hoy

Powders, creams, and other grooming products have become ubiquitous in today’s society and an absolutely essential part of daily routines for millions of people across the world. These items are mass produced and used constantly. By and large, the benefits from such products outweigh the burdens. However, when there is a defect in a prevalent item, the ramifications could be huge simply due to the number of people who have been exposed. In such a situation, it may be wise to contact an expert products liability attorney at 617-787-3700.

A jury in St. Louis, Missouri decided that Johnson & Johnson should have to pay $4.7 billion in damages after links between their talcum powder and ovarian cancer developed by 22 women were discovered. According to the plaintiffs, Johnson & Johnson has systematically denied that their powder contains traces of asbestos, despite scientific tests that have reportedly indicated otherwise.

Although the compensatory damages awarded by the jury were around $500 million, jurors added $4.2 billion dollars in punitive damages. According to one unnamed juror, the punitive damages were necessary because Johnson & Johnson should not be able to get away with directly lying to consumers about the nature of their product, especially when the health of the consumers is at risk. Johnson & Johnson reportedly plans to seek all appeal options, and may be successful in reducing the amount of the damages, according to some reports. The lead attorney for the plaintiffs is Mark Lanier, of Houston, Texas.

If you or a loved one has been injured by a negligently made product, you may be entitled to significant monetary relief. Act now and contact one of our expert products liability or asbestos attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our Boston personal injury attorney professionals today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

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