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According to OSHA (Operational Safety and Health Administration), it is estimated that approximately 100 fatalities occur each year as the result of accidents involving a forklift.  Another 61,800 forklift operators suffer injuries as a result of accidents involving a forklift each year with an estimated 34,900 of those injuries being classified as serious.  Approximately 856,000 forklifts are in operation in the United States alone so based on the above statistics 11 percent of these forklifts are involved in an accident of some type.

A forklifts operational life is about 8 years.  During that time, there is a significant probability of the forklift driver being involved in an accident and sustaining a serious injury.  We have provided a breakdown of the most common types of forklift accident injuries that a driver may suffer in a forklift accident:

  • 42% – The vehicle tips over and the forklift operator is crushed.
  • 25% – The forklift operator is crushed between the vehicle and another surface
  • 11% – A person other than the forklift driver is crushed between the forklift and another vehicle
  • 8% – The forklift operator or another person are struck by falling material
  • A small percentage involve a fall from a platform on the machine’s forks

OSHA requires that all forklift operators receive adequate and appropriate training.  Without proper training, both forklift drivers and those they come into contact with are at an increased risk of injury or death in a forklift accident. Mississippi state law requires that all forklift operators complete a training and evaluation program prior to receiving certification in the operation of a forklift.  Training is provided by a qualified instructor utilizing OSHA standards for safety.  Further, companies employing forklift operators are responsible for evaluating a driver’s skills prior to allowing its drivers to operate the equipment.  Thereafter, forklift operators should be re-evaluated every three years. Should new equipment replace older equipment, training should be implemented to ensure all forklift operators keep their skills up to date.

Without proper training, or when safety regulations and standards are disregarded, accidents, sometimes fatal ones, will occur.

Below are some of the injuries that can result from an accident involving a forklift:

  • Broken bones and internal injuries
  • Brain injuries
  • Amputation
  • Spinal Cord injuries

Forklifts can easily overturn due to an unbalanced load; drivers can be thrown from a forklift and pinned beneath it; and the load a forklift is carrying may topple over, injuring either the driver or another person who is in close proximity.

Every employee has the right to work in a safe environment and employers are obligated to provide a work environment that is safe, protected and as free from the occurrence of accidents as possible. The only way to accomplish this is for employers to strictly adhere to all safety standards and regulations.

If you or a loved one has been injured or a loved one has died in an accident involving a forklift you may whether in an industrial plant, warehouse, construction site or any other site, you may be entitled to workers’ compensation benefits from your employer.  However, sometimes these benefits are woefully inadequate to compensate your fully for your economic and emotional injuries.  Our Mississippi forklift accident attorneys may be able to represent you in bringing a personal injury lawsuit against third parties whose carelessness or lack of attention contributed to your forklift accident.

A dog attack case in Texas that resulted in a jury verdict of $10 million demonstrates the key evidentiary issues that are critical in a dog bite case.  In this tragic case, a ten-year-old boy was viciously attacked and killed by a pit bull.  Critical evidence in dog mauling cases in Mississippi include past incidents of aggressive behavior by a dog or prior dog bites.  The boy in the fatal Texas dog attack was visiting family friends when he was fatally attacked and mauled by the pit bull.  Evidence was presented at trial that the dog had been involved in biting incidents on three prior occasions, including one involving the victim of the fatal pit bull attack.  The trial also included evidence that the family friends that owned the dog had told the victim not to report the prior bite incident to his parents.

While any fatal dog attack is tragic, this incident is particularly upsetting because the defendants in the case had plenty of notice that their pit bull posed a potential danger.  This constitutes the rationale for the traditional “one bite rule”, which is still the law in Mississippi.  The designation of the rule as a one bite rule is somewhat misleading because it does not mean that a dog owner gets “one free bite” as it is sometimes described.  The key to the one bite rule is that an owner should be on notice that one’s dog has a tendency to be aggressive or vicious.  The one bite rule imposes liability on a dog owner that knows or should know that their dog has vicious tendencies.  This means that if a dog has exhibited prior aggressive behavior, such as lunging, biting or similar behavior a dog owner can be liable for injuries caused in a subsequent dog attack incident.

A case like this one goes further and may even justify punitive damages.  The dog owners not only had sufficient evidence of the pit bull’s violent tendencies but were aware that the dog had even attacked the same victim on a prior occasion.  The act of persuading the young boy not to notify his parents of the prior dog biting incident may have directly led to the tragedy.  The parents of the boy may well have taken action to prevent the boy from being exposed to a future attack had the prior dog attack not been covered up.  The irresponsible conduct of covering up the prior dog attack is the type of reckless and unethical conduct that may be the basis for punitive damages.  Punitive damages are intended to discourage such egregious conduct and punish wrongful conduct.

If you or a close family member is injured in a dog attack in Mississippi, it is essential that an investigation be conducted to determine if the dog that attacked you has a prior propensity for viciousness.  Even if such evidence cannot be discovered, a dog owner may still be liable for injuries caused by a dog attack if actual negligence of the dog owner can be established or a violation of a leash law can be proven.   The experienced Mississippi dog attack attorneys at Barrett Law have been providing tenacious representation to dog attack victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

People throughout Mississippi make regular visits to the dentist, and many young adults are told that they need to have their wisdom teeth extracted.  When parents take their teenagers to an oral surgeon, they typically do not view this type of dental procedure as having the same types of risk that are generally associated with surgical procedures on other parts of the body.  However, the reality is that the dangers and risks are much more similar than many people realize.  The single biggest danger when many surgical procedures are conducted is the safe administration of anesthesia.  This common line between oral surgical procedures and other surgeries means that the risk of serious injury or even wrongful death is present.

The family of high school teenager Jenny Olenick learned of these dangers first hand when their daughter tragically died following oral surgery to remove her wisdom teeth.  Jenny’s parents have filed a medical malpractice lawsuit against the dentist and the anesthesiologist negligence.  General anesthetic is dangerous because a patient’s breathing functions may be suppressed so a patient receiving general anesthetic typically is intubated, which means providing oxygen artificially.  When this process is not done correctly or the patient is not properly monitored, the patient can suffer hypoxia, which is an interruption of oxygen to a particular part of the body like the brain.

Jenny’s parents have filed a lawsuit based on the failure of the dentist or anesthesiologist to properly administer resuscitation when her oxygen and heart rate levels declined dramatically.  The lawsuit further alleges that had prompt efforts been made to resuscitate the teen she would not have suffered severe hypoxia to the brain, which ultimately resulted in her tragic death.

This case is receiving national attention and has drawn criticism toward the dental and oral surgery profession because some argue that most wisdom teeth extractions constitute surgeries that are not necessary.  These critics point out that the risk associated with the oral surgical procedure outweigh any therapeutic benefit.  Most wisdom teeth extractions are performed as a type of preventative measure.  The purpose of preventative dental extraction of wisdom teeth is to prevent damage to other teeth and nerves or to cause infection that may spread.  However, this occurs in less than 15 percent of all cases according to one expert and former California dentist.  This same expert estimates that as many as two-thirds of all wisdom tooth extractions are not necessary.

Dental negligence can cause serious injury including nerve damage, brain infections, damaged teeth, hypoxia and potentially fatal bleeding.  If you or someone you love has been injured because of dental negligence, our experienced Mississippi negligence lawyers at Barrett Law are committed to seeking compensation for victims of dental malpractice.  The experienced Mississippi dental malpractice attorneys at Barrett Law have been providing tenacious representation to dental malpractice victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

When traveling throughout Mississippi many people choose low traffic back roads rather than busy traffic congested streets in urban areas.  This preference often is based on the fact that traveling on roadways with less traffic is safer.  The assumption regarding safer back roads is not supported by actual accident data.  Crash data suggests that drivers are actually at greater risk of being involved in a car accident and suffering more serious injuries when involved in a collision in rural areas than urban areas with heavier traffic.

A leading factor in the increased risk of driving in rural areas is the difference in average rates of speed.  While most drivers lament traffic gridlock that slows one’s commute to work, high traffic density results in slowing drivers down.  Drivers traveling at slower rates of speed have more response time to brake or evade a potential road hazard.  Slower speeds because of heavy traffic congestion also means that the force of impact is generally less when a collision does occur.  Many drivers in rural areas travel at a high rate of speed because they have a false sense of security connected to minimal traffic flow.

A recent study quantifies the fact that the risk of being involved in a serious traffic collision is higher in rural areas.  While rural areas account for less than 30 percent of the nation’s population, these areas are the location of 55 percent of all car accidents related injuries and fatalities.  The relationship between high rates of speed and high accident risk in rural areas is substantiated by the fact that almost 35 percent of accidents in rural areas involve drivers exceeding the speed limit.  The study also revealed that accident rates are falling in urban areas but rising at an even faster rate in rural areas.

The other factor that seems to pay a substantial role in the disparity between urban and rural accident rates is the influence of alcohol in rural accidents.  Drunk drivers were more likely to be involved in a car crash in rural areas by a factor of 12 percent.  Drunken driving and speeding are directly correlated to higher fatality rates generally so this also explains why rural accidents tend to be more likely to result in a fatality. The experienced auto accident attorneys at Barrett Law have been providing tenacious representation to victims of motor vehicle accidents for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

Everyday throughout Mississippi working parents drop their children off at a childcare center and presume that their children will be properly supervised and kept safe.  Parents are increasingly more dependent on childcare because many families cannot make ends meet without two incomes.  Some studies reveal that sixty percent of young children not yet in school participate in childcare.  As parents, our Mississippi personal injury attorneys understand the fear that can accompany entrusting the safety of your children to others.

The nightly news and daily newspapers are full of accounts of the abuse and neglect of children.  While many parents meticulously investigate a Mississippi childcare center before placing their child in the care of its childcare providers, sometimes institutions that provide supervision and activities for children fly under the radar for years before evidence of misconduct and abuse becomes public.  If your child is injured, abused or neglected at a Mississippi childcare center, you may be able to seek financial compensation to obtain compensation for emotional or physical injuries.

Childcare centers in Mississippi may be liable for a variety of conduct that causes injury to children including negligence, which is effectively a lack of reasonable care to provide for children’s safety.  Much more troubling are intentional acts of misconduct like physical assault or battery and sexual battery.  Children are particularly vulnerable because they may have difficulty articulating mistreatment, neglect and abuse, or they may be afraid of reprisals for reporting the mistreatment.  Childcare centers have a legal obligation to provide reasonable care for the safety and health of children entrusted to their childcare facility.

Many childcare centers fail to abide by federal and state regulations or their own safety practices and procedures, which may serve as a basis for imposing liability for injuries to the children in their care.  Our Mississippi childcare injury attorneys handle the full spectrum of accidental and intentional injuries to children in Mississippi childcare centers based on many types of inappropriate conduct including:

  • Failure to abide by health and safety laws
  • Inadequate playground safety
  • Sexual abuse or molestation
  • Lack of proper supervision
  • Defective toys or toys that are not age appropriate (i.e. choking hazards)
  • Motor vehicle accidents involving buses and vans
  • Childcare worker negligence
  • Insufficient screening or supervision of childcare workers

Although childcare facilities are subject to licensing and safety standards, some childcare centers cut corners and fail to comply with licensing requirements or health and safety regulations.  When childcare centers fail to conduct adequate background checks before hiring childcare workers or fail to exercise diligence in monitoring facilities for potential hazards, children are put at unnecessary risk of injury.  If you child has suffered serious injury while in the care of a childcare center, the experienced Mississippi childcare injury lawyers at Barrett Law can evaluate your case and advise you of your rights and options. The experienced Mississippi daycare injury attorneys at Barrett Law have been providing tenacious representation to childcare injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

Most children have been transported in a 15-passenger van to church youth group outings, youth club events, sporting events and other activities.  Parents who send their children on outings in these vehicles often are blissfully unaware of the enormous danger.  A 15-passenger van is particularly vulnerable to rollover accidents.  These vehicles were originally designed to transport cargo.  The design of the vehicles was not appropriately modified to safely transport large numbers of vehicle occupants.  15-passenger vans combine a high center of gravity with unsafe weight distribution when loaded with passengers to make them especially likely to rollover in a motor vehicle collision.

These vehicles are similar to other vans except that they are longer so that more occupants can be transported.  These 15-passenger vans are designed with a high center of gravity and narrow wheelbase.  While most people presume that these vehicles are designed to carry a large number of passengers, the reality is that 15-passenger vans are much more prone to rollover when carrying more vehicle occupants.  The vehicles typically sit 4 passengers behind the rear axle when fully loaded, but this creates more weight behind the rear axle.  This makes the vehicle not only top heavy but also back end heavy so that when a van must swerve to suddenly avoid an obstacle the back end of the vehicle will swing around toward the front of the vehicle.  15-passenger vans are so prone to rollover accidents that 85 percent of the time they rollover in accidents when loaded with 10 or more passengers.

These motor vehicles also may lack seatbelts, which makes rollover accidents especially dangerous.  If a vehicle occupant is involved in a rollover accident without a seatbelt, there is a high risk of suffering serious injury when being slammed against the interior of the vehicle or suffering vehicle ejection.  If you child is traveling in a 15-passenger van, you should warn your child that seatbelt use is absolutely required.   It is important to be aware that less than 15 percent of fatal accidents with one of these vehicles involved occupants wearing seatbelts.

While manufacturing defects may contribute to collisions involving 15-passenger vans, there are other factors that also contribute to the danger associated with these vehicles.  The weight distribution in such a vehicle means that it reacts differently than an ordinary passenger vehicle so only professional drivers should operate 15-passenger vans.  Many times youth organizations permit these vehicles to be driven by coaches, counselors, parents or other inexperienced drivers.  Tire pressure or worn out tires are also dangerous so the tires on a 15-passenger van should be checked prior to a trip.

If you are injured in a 15-passenger van in Mississippi, you may have a right to seek financial compensation against any responsible parties.  This may include the vehicle manufacturer, vehicle owner, inexperienced driver, organization arranging the transportation or other vehicle drivers.  If you or your loved one suffer serious injury or wrongful death, we invite you to call contact us to learn how we can assist you in seeking compensation for your loss and injuries.  The experienced Mississippi 15-passenger van accident attorneys at Barrett Law have been providing tenacious representation to victims of motor vehicle accidents for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

When you patronize a business establishment in Mississippi, such as a bank, restaurant or store, you justifiably presume that the store has taken adequate security precautions so that you will not be the victim of a violent crime.  Unfortunately, this reasonable presumption is often mistaken as many patrons of Mississippi businesses find themselves victims of crimes because the business failed to take reasonable security precautions despite knowledge that criminal activity in the area might put customers at risk of suffering a violent attack.  At Barrett Law, our experienced and committed team of Mississippi negligent security attorneys provides effective litigation strategies and persuasive advocacy to victims of negligent security by Mississippi businesses.

Mississippi premise liability law governs the issue of whether a business owner owns a duty of care and the scope of that duty toward patrons who are victims of violent crimes.  Negligent security lawsuits are complicated because businesses do not have an absolute duty to make patrons safe from the intentional misconduct of third parties.  Criminal activity committed by third parties on the business premises of a property may not be foreseeable or preventable, and business owners are not expected to function as virtual insurers of the safety of their customers.  By the same token, the fact that a customer’s injuries are inflicted by the violent criminal attack of a third party does not necessarily relieve a business owner of liability to victims of violent crimes that occur on their property.

The key issue is foreseeability based on past criminal activity in the vicinity of the business.  For example, a business located in an upscale area that has a virtually non-existent crime rate may only need to take minimal precautions or may even avoid liability for providing no security.  However, the greater the crime rate and seriousness of the crimes committed in the vicinity of the business the greater the probability that a business will have an obligation to provide reasonable security measures.  The reasonableness of these precautions must be evaluated in the context of the frequency and seriousness of criminal activity in the vicinity.  If an area is a high crime rate area with a history of violent criminal assaults, a business may be expected to provide armed security.  The extent of the precautions required is a question for the jury so it is imperative that you are represented by a Mississippi law firm that has substantial experience handling negligent security lawsuits in Mississippi.

Our Mississippi negligent security lawyers at Barrett Law understand the challenges associated with Mississippi negligent security lawsuits.  We often engage experts to conduct an investigation regarding criminal patterns in the neighborhood.  We use security experts to analyze these crime patterns and evaluate the appropriateness of security measures given the pattern of crime.  Our experienced Mississippi negligent security attorneys can handle negligent security cases based on a variety of violent crimes including:

  • Rapes and sexual assaults
  • Physical assault and battery
  • Robbery
  • Stabbings
  • Gunshot injuries

If you or your loved one is injured by a violent crime committed by a third party on business premises, our experienced Mississippi negligent security lawyers may be able to help you seek compensation for your injuries.  When you suffer injuries caused by a violent crime, the perpetrator may lack the financial ability to pay a Mississippi personal injury judgment so it is critical to establish third party liability.  The experienced Mississippi negligent security attorneys at Barrett Law have been providing tenacious representation to victims of violent assaults for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

Swimming pools pose a substantial risk to children and constitute the second leading cause of death for children under 14.  Swimming pools are both a fun source of recreation for many children and a place of great danger including submersion and drowning accidents, diving board injuries and slip and fall accidents on wet pavement as well as injuries caused by poolside apparatus.  Property owners that have a swimming pool are held to a very high standard to protect children from drowning accidents and other hazards presented by swimming pools.  Approximately a thousand children per year drown in swimming pool accidents and another five thousand children are hospitalized.

Residential property owners are expected to take precautions to prevent swimming pool accidents.  The Consumer Product Safety Commission (CPSC) recommends multiple layers of precautions including vigilance in the supervision of children, installation of a fence that is both self-closing and self-latching as well as having emergency equipment available, such as keeping rescue equipment by the pool along with a phone so that 911 can be called in an emergency.

Swimming pools pose such a unique danger to children that homeowners may be liable for injury to children who trespass and use a homeowner’s pool without the consent of the property owner.  The Attractive Nuisance Doctrine provides that a property owner may be liable to a trespassing child who is injured by an artificial condition on property that would tend to be attractive to a child who may not have the maturity to appreciate the risk.  The Attractive Nuisance Doctrine is based on the following conditions:

  • A property owner knows or has reason to know children are likely to trespass on one’s property.
  • The property owner understands  the risk that a swimming pool poses to children
  • The child lacks the maturity to understand the danger associated with a swimming pool.
  • The costs and difficulty to eliminate the risk is slight in relation to the risk.
  • The property owner fails to take reasonable care to eliminate the danger.

A swimming pool accident can result in serious injuries like fatal drowning, brain damage and other catastrophic and life-altering injuries.  It is important to be extremely diligent when your child is swimming or playing in the vicinity of a swimming pool.  If your child is injured in a swimming pool accident, our experienced  accident injury attorneys may be able to help you seek the compensation you need to compensate you for your injuries.  We invite you to contact Barrett Law so that we can evaluate your Mississippi pool or spa accident claim and advise you of your rights and options.  Call us at 662-834-2376.

No Recovery No Fee!

 

Mississippi parents frequently shop excitedly for strollers, playpens, cribs and other necessities for their baby or children.  There are few experiences more emotionally devastating than the heartache experienced when one of these products is defective and causes serious injury to one’s baby.  Manufacturers of baby products must comply with safety standards established by the Consumer Product Safety Commission and the Child Safety Protection Act.  Despite the safety standards established by these federal agencies, there are hundreds of defective baby products recalled annually including toys, car seats, cribs, playpens and other defective children’s products.

Although many defective products that pose a risk of injury to children are recalled, many units of a defective children’s product may sell before they are recalled, and some recalls are not implemented promptly enough to prevent tragedy.  One of the greatest dangers posed to extremely young children is from products that pose choking or suffocation risks.  It is important to pay careful attention to age recommendations for such products.  Attentive parents should also look for parts that may detach from a toy or other baby product such as buttons for eyes on a child’s toy.  Parents know that small children tend to put small objects in their mouths.  Another important step for parents is to be careful about babies having access to toys of older children with small parts.   It is imperative to keep toys and other products with small parts away from small children because they can result in serious child choking accidents that may result in catastrophic injuries, such as brain damage from lack of oxygen to the brain or even wrongful death.

Defective or unsafe toys cause approximately 200,000 visits to emergency rooms annually.  Many injuries caused to children are actually caused by child safety products like cribs, car seats, strollers and carriages.  The CPSC reports that child safety products result in as many as 35,000 injuries to children per year.  Although these types of products are intended to protect babies and children, they are often designed or manufactured improperly so they cause serious injury to infants and babies.

There are many types of baby and children’s products subject to recall including:

  • Child safety restraints
  • Bassinets
  • Baby medications
  • Baby clothes
  • Playground equipment
  • Play Pens
  • Formula
  • Toys
  • Cribs

If your child is injured by a defective product, there are many good reasons to pursue a product liability lawsuit.  Admittedly, you cannot undo injury or wrongful death to your child.  However, you can use the proceeds from a personal injury lawsuit to obtain the best medical care and highest quality of life for your child.  A personal injury lawsuit can also protect other children from injuries caused by similar defects.  Safety standards that affect many children can be impacted by product liability judgments.

If your child has suffered injury or your child has suffered wrongful death, our experienced defective children’s products attorneys at Barrett Law have a long history of fighting for those injured by defective or dangerous products.  We invite you to contact Barrett Law so that we can evaluate your Mississippi defective children’s product claim and advise you of your rights and options.  Call us at 662-834-2376.

No Recovery No Fee!

 

Few motorcycle enthusiasts would dispute the unique dangers associated with riding a motorcycle.  Motorcycles are less visible and stable and lack structural protection as well as safety equipment.  When a car, pickup truck, SUV or tractor-trailer collides with a motorcycle, the weight differential also contributes to the typically poor outcome for a motorcycle accident victim.  Even if a motorcycle enthusiast drivers extremely careful and is attentive regarding potential road hazards, this does not eliminate the increased danger associated with traveling by motorcycle.  When the driver of a passenger vehicle moves into your lane without checking the driver’s blind spot, even an experienced vigilant motorcycle rider may lay the motorcycle down and suffer serious injuries including traumatic brain injuries, spinal cord injuries, fractured or broken bones, severe road rash and even wrongful death.

Motorcycle enthusiasts are more likely to be involved in a collision because a bike is less stable and responsive.  While rider inexperience contributes to many motorcycle accidents, even experienced riders are vulnerable to the actions of negligent drivers.  Not only are motorcycle enthusiast more likely to be involved in a motorcycle accident, but they also face a much higher risk of suffering catastrophic injuries because they do not have the protection of a metal enclosure, air bags, seat belts and other safety equipment that is standard to other vehicles.

There are many types of negligent driving practices that put motorcycle riders as risk of being involved in a Mississippi motorcycle accident including:

  • Driver impaired by drugs or alcohol (DUI/DWI)
  • Fatigued or drowsy drivers
  • Drivers using a cell phone or otherwise distracted
  • Failure to check blind spots and mirrors when changing lanes
  • Unsafe turns
  • Failure to comply with traffic signals or stop signs

While there are no counter-measures that can completely overcome these dangers, new technology offers some hope.  Honda was the first to offer a motorcycle that was equipped with an air bag like a car that was placed in front of the rider and inflated in the event of a collision.  While this was an interesting innovation, it provides fairly limited protection against ejection and no protection if a rider actually is ejected from a motorcycle in a collision.  However, new types of motorcycle air bags are being designed in the form of a jacket that the rider wears and inflates in the event of a collision or motorcycle ejection. These jackets are being widely used by those involved in motorcycle racing.  While the jackets are still cost prohibitive for most consumers, less expensive models designed for the consumer market are expected soon.

The experienced motorcycle accident lawyers at Barrett Law applaud these efforts to make motorcycle enthusiasts safer in a Mississippi motorcycle accident.  The experienced personal injury attorneys at Barrett Law have been providing tenacious representation to accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy for our clients’ best interest so we invite you to call us today at 662-834-2376 to learn how we can help.