McDonald’s Scalding Coffee Lawsuit: The Real Story

Almost everyone has heard the popular but inaccurate version of the McDonald’s scalding coffee lawsuit that became the rallying cry for big business and others that put profits above public safety.  The facts of the case were spun by media sources and big business lobbying groups to such a degree that what most people think they know is very different from the actual facts.

The first issue that has been misrepresented is that this was a “hot coffee case” because the coffee in the case was actually scalding.  McDonalds’ indicated that they had a policy in place that their coffee must be maintained at a temperature between 180-190 degrees Fahrenheit whereas coffee at home is typically maintained at temperature of 135-140 degrees Fahrenheit.  At the temperature that McDonalds’ admitted to keeping its coffee, an expert testified that a full thickness burn (third degree burn) would occur in less than seven seconds.

Many are under the misconception that the burn victim was driving a car and juggling coffee.  In fact, the burn victim was a passenger and the vehicle was stopped so that the victim could add cream and sugar to her coffee.  The cup that was between her legs tipped spilling the entire contents of the styrofoam cup into her lap.  Because the 79-year-old woman was wearing sweat pants, the material held the scalding coffee against the victim’s flesh.  She received third-degree burns over six percent of her body, including her genital, inner groins, thighs and buttock areas.  The burn victim was forced to stay in the hospital for eight days and received multiple skin grafts and debridement treatments.

During the discovery process in the case, it was revealed that McDonalds’ was aware of 700 other victims that had suffered similar serious burns during the ten preceding years but had refused to reduce the scalding temperature of its coffee.  A McDonalds’ representative also acknowledged that the coffee was not fit for human consumption at the temperature it was provided because it would severely burn the mouth and throat.  The same witness also indicated that McDonald’s had no intention of reducing the temperature of its coffee even after the injuries suffered by the victim in this lawsuit.

The burn victim had offered to settle the case for $20,000, but McDonald’s refused to settle the lawsuit.  Many media reports of the case shaped by advocates of big business misleadingly characterized this case as awarding “millions for hot coffee burns.”  These accounts not only drastically understated the serious nature of the victim’s burns but also overstated the actual financial compensation received by the burn victim.  The jury awarded $200,000 in compensatory damages which was reduced to $160,000 because the jury also assigned a percentage of fault to the burn victim.  The media also widely reported that the jury awarded $2.6 million in punitive damages (2 days of profits from McDonald’s coffee sales), but it generally was not widely reported that this punitive damage award was reduced to $480,000 by the trial judge.

The McDonalds’ case is notable for its prominence, but other similar cases are promoted by big business in the media as justifying tort reform.  The McDonalds’ case is an example of the misrepresentations often used to persuade the public that personal injury lawsuits should be more difficult to bring and result in less recovery.  The reality is that many times these limits, which often include damage caps, prevent victims from receiving the full compensation necessary to rebuild their lives after devastating injuries that permanently alter an injury victim’s life.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing tenacious representation to personal 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.

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Fatal Pit Bull Mauling Shows Dangers Associated with Dogs with History of Aggression

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.

 

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The Critical Role of Jury Instructions in Mississippi Personal Injury Lawsuits

Many that have served on jury duty or that have watched a crime drama on television are aware that before a jury deliberates they are given instructions by the judge.  These instructions often are written in legalese and difficult for the jury to understand when analyzing the facts in a Mississippi personal injury lawsuit.  The jury instructions often have a critical impact on the outcome of jury deliberations.  The exact set of instructions with which the jury will be charged is typically a point of contention because of the influence of jury instructions on the verdict in a Mississippi personal injury trial.

A recent case involving a court’s instruction to the jury on the issue of comparative negligence serves as an excellent example of the important role that jury instructions pay in the outcome of a personal injury lawsuit.  In Wansley vs. Brent (Miss. App., 2011), the plaintiff challenged the instruction given in a personal injury lawsuit involving a tractor-trailer accident because the judge instructed the jury that it could find either that the plaintiff was negligent or that the defendant was negligent.  The court was persuaded by the plaintiff’s argument that the “either-or” formulation for determining the negligence of the parties confused the jury regarding its ability to find both parties shared fault.

The court also noted that this either-or formulation when combined with the trial judge’s decision not to provide a comparative fault instruction confused the jury regarding its ability to apportion fault between the plaintiff and defendant.  The statute covering apportionment of fault when there is negligence by both the plaintiff and defendant in Mississippi is Mississippi Code Annotated § 11-7-15 (Rev. 2004) which provides in pertinent part that “In all actions hereafter brought for personal injuries, . . ., the fact that the person injured, . . . may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured . . . .”

This principal was clarified by the Mississippi Supreme Court which held that Mississippi is a “pure comparative fault state.”  This means that if a plaintiff shares fault for causing his or her own injuries fault is apportioned between the plaintiff and defendant.  Rather than barring a Mississippi personal injury victim from all recovery for one’s injuries, this doctrine results in a reduction in recovery to the plaintiff in proportion to the fault assigned to the plaintiff.  Even if the plaintiff is found to be 95 percent at fault for causing his or her own injuries, the plaintiff can still recover five percent of the amount of damages awarded by the jury.

The failure of the trial judge to provide the jury with instructions that explained the application of comparative fault, combined with the trial judge’s “either-or” formulation for determining liability by the plaintiff and defendant, resulted in the appellate court reversing the case.  This is an example of the impact of a misleading jury instruction that confuses the jury into thinking it is limited to a determination of negligence entirely by one party as opposed to the jury’s ability to reduce the amount of the recovery but still compensate a personal injury victim based on the degree of fault by the defendant.  This confusion was manifest in a jury question directed to the judge during deliberations inquiring as to whether the jury could award a lesser dollar amount.

If you are injured in a Mississippi motor vehicle accident or by any other form of negligent conduct by a third party, you may be entitled to compensation for your injuries even if you were partially at fault.  The experienced Mississippi car accident attorneys at Barrett Law have been providing tenacious representation to car accident 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.

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Dental Negligence More Serious Problem than Many Think

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.

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Injuries Caused by Mississippi Childcare Providers May Justify Personal Injury Lawsuit

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.

 

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Seeking Compensation for Violent Crimes Committed at a Business

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.

 

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Dangerous & Defective Products Can Pose Serious Danger to Children

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.

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Slip, Trip and Falls Pose Serious Danger to Mississippi Seniors

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While most people in Mississippi are aware of the danger associated with a serious falls, the scope and seriousness of an accident risk is much more severe than many people realize.  It is estimated that 424,000 people die in fatal falls annually world wide according to the United Nations Health Agency.  There are another 37 million people who seek medical treatment annually according to the organization.  Falls can occur in many ways including falls from ladders or scaffoldings on construction sites, slip and fall accidents on wet floors in stores and restaurants and trip and fall incidents involving poorly maintained sidewalks.  Many people presume slip, trip and fall accidents are minor events that do more damage to one’s ego than to one’s person.  This is simply not accurate as slip, trip and fall accidents often result in catastrophic debilitating injuries and even wrongful death.

The danger posed by falls increases with age with many elderly residents of Mississippi suffering serious injuries in falls.  Seniors may be more susceptible to serious falls because of cognitive, visual and physical changes that occur with age.  The scope of the problem is revealed by the fact that almost a third of older people over the age of 65 will fall at some time during a typical year based on data from the Centers for Disease Control and prevention (CDC).  Falls are the leading cause of injury and hospital admissions for the elderly.  Almost twenty thousand seniors die in fatal falls per year, meaning that not only are the elderly more prone to a fall, but they also tend to suffer more serious injuries.

There are certain steps that you can take to help reduce the risk of your elderly loved one suffering serious injury in a fall including:

  • Keep common walkways clear of obstructions and debris
  • Maintaining reasonable fitness through diet and exercise
  • Obtain appropriate osteoporosis screening
  • Installation of handicap bars and railing in bathrooms and walkways
  • Maintain awareness of drugs that may cause dizziness, drowsiness or disorientatio

While these measures may reduce the risk of dangerous falls for seniors in their homes, this will not necessarily protect seniors against falls in businesses or nursing homes.  If your elderly loved one suffers serious injury in a fall while patronizing a business or as a resident in a nursing home, the business owner or nursing home staff have an obligation to warn of potential hazards that are not obvious and keep the premises reasonably safe.  When a business owner or nursing home proprietor fails to take appropriate safeguards to prevent injury to those who come on their property, they may be liable for any resulting injuries.

The experienced personal injury attorneys at Barrett Law have been providing tenacious representation to accident victims for over 75 years.  Our experienced and committed legal team provides innovative litigation trial strategies, effective negotiation and persuasive advocacy for slip, trip and fall victims.  We understand that you may have questions about your rights and remedies so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Traumatic Brain Injuries: Among the Most Devastating Car Accident Injuries

There are few personal injuries as devastating as a traumatic brain injury. This type of life-altering injury, which is often the product of a Mississippi car accident, typically has a permanent debilitating impact that may rob an accident victim of his or her ability to walk or communicate and other fundamental mental and physical functions that drastically impact one’s quality of life.  While traumatic brain injuries are not caused exclusively by motor vehicle accidents, car accidents are the most common cause of a traumatic brain injury for those under the age of 75. Traumatic brain injuries caused by car accidents are also the most significant cause of long-term serious disability in children and teens.

At Barrett Law, we know first-hand the devastating impact that traumatic brain injury can have on accident victims and their families.  A traumatic brain injury can deprive a family of the love and companionship of a close family member and cause financial turmoil.  If the person who suffers this type of life-altering injury is a substantial contributor to a family’s household income, one’s family may face astronomical medical expenses while suffering a significant reduction in household income.

Although a family may suffer an enormous emotional toll when a family member suffers a traumatic brain injury, the financial costs are almost unimaginable.  It has been estimated that the annual direct and indirect costs associated with a traumatic brain injuries in the United States exceeds $48 billion per year.  A family that has had a loved one suffer a traumatic brain injury may be faced with a cost of treatment that can be as much as $4 million.  The medical care and rehabilitative costs alone are typically as much as $150,000 for hospital bills, vocational rehabilitation and training and modifications of one’s home.

Many people presume that their chances of being involved in a serious motor vehicle accident resulting in a traumatic brain injury are remote.  This is an inaccurate assumption because traumatic brain injuries suffered in auto accidents are much more common than people realize.  More than a million people per year suffer some form of traumatic brain injury. Traumatic brain injuries are generally very serious resulting in almost fifty-thousand fatalities per year with another eighty-thousand people experiencing significant long-term disability.  Though these statistics may be surprising, they tell only part of the story.  These statistics include only traumatic brain injury victims treated in hospitals but do not count those treated in doctor’s offices or emergency rooms.

Although there may be different types of accidents that can cause a traumatic brain injury the most common cause is a motor vehicle accident. When a car, truck or SUV collides with another vehicle or stationary object, a person’s body may be jolted forward causing a head injury when the accident victim’s head strikes the windshield, dashboard or other hard surface inside the motor vehicle.  Sometimes the skull may even be penetrated by a foreign object which is forced through the skull to the brain.

Traumatic brain injuries also may be the result of the body being whipped forward and then backward in a collision. The brain may continue moving inside the skull and impact the hard bony structure of the inside portion of the skull.  The brain is made of a soft gelatinous material that is susceptible to injury when impacting the skull.  Because the skull and brain move at different speeds during a motor vehicle collision given their differences in mass and  weight, this can cause the brain to collide with the inside of the skull. The force of impact from a serious car accident can cause a motor vehicle accident victim to suffer swelling of the brain, severe contusions or axonal shearing.

Diffuse axonal shearing is a severe traumatic brain injury that occurs when the brain is propelled forward then backward inside the skull resulting in it being first squeezed or compressed and then stretched because of the soft gelatinous nature of the brain.  The fragile axons of the neurons also suffer from this process of compression and stretching.  If the force of the collision is severe enough, the axons may be stretched to the point that they tear, which is referred to as axonal shearing and can cause the neurons to die.

The Mississippi car accident lawyers of Barrett Law represent those who suffer serious injury like traumatic brain injuries.  The auto accident attorneys at Barrett Law represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

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Airbags—Saving Lives, Causing Injuries in Mississippi?

While airbags have been proven to save lives, there are instances where that same airbag has unintended negative effects, resulting in injuries and, in rare cases, even death. While most of the complaints about airbags relate to minor injuries such as abrasions and bruises, sometimes airbags can more severely injure a passenger, especially children or infants, especially if the airbag is defective. The National Highway Traffic and Safety Administration recalled over 1.4 million airbags due to safety issues in 2004 alone. As airbags continue to get more and more sophisticated and complex in the goal of saving lives, they also have more potential to malfunction and not go off when they are needed. The issue is that it’s impossible to know whether an airbag is defective until it’s too late.

How Airbags are Designed?

First of all, air bags were specifically developed for a male who is 5 ft. 8 inches tall and weighs 180 pounds. No considerations were made for shorter or smaller people, children, or even those who naturally sit closer to the steering wheel. In certain people who have heart conditions or osteoporosis, and exploding airbag could potentially be fatal. An airbag goes off with 2,000 pounds of force at a speed of over two hundred miles per hour. Because of this, adults may suffer brain trauma, head and neck injuries or spinal and torso injuries when an airbag deploys.

An airbag is designed to deploy in any crash which equals a vehicle crashing into a solid object at eight to fourteen miles per hour. The airbag is a fabric bag which fills up with nitrogen gas upon impact due to a sensor which instantaneously detects the intensity and direction of the crash as it happens. The sensor sends an electric signal which initiates the chemical reaction, and the bag inflates, then vents in the bags allow them to immediately deflate after cushioning the occupants from the crash.

Other Injuries Caused by Airbags

A deploying airbag can cause blunt trauma to the eyes in the form of orbital contusions or abrasions, blurred vision or even retinal detachment. If the occupant remains in the car or truck for a significant amount of time with the windows closed and no ventilation available, the contents of the airbag can cause eye irritation.  An airbag which deploys can also be the cause of an asthma attack in a person who has the disease due to inhaling the dust from the airbag.

In some cases occupants have suffered chemical injuries from burns which are caused by the gas which is emitted from the airbag during a crash. While more serious airbag injuries are uncommon, they do happen. If a person is very close to the airbag when it deploys they could suffer a traumatic brain injury, facial scarring or even death. Airbags can occasionally drive broken glass into the victim’s upper body and face, causing severe cuts and abrasions.

Why You Must Wear a Safety Belt if Your Vehicle has Airbags

The primary instance where an airbag will cause more harm than it does good is when the occupant is not wearing a safety belt. Drivers who are unrestrained have incurred serious and fatal injuries from airbags as the body is going forward while the airbag is going toward you. When the two meet at high speeds serious injuries or death are likely to occur.

If you have been the victim of an airbag injury caused from a defective airbag, it is essential that you contact an experienced Mississippi personal injury attorney who can determine which party is responsible for your injuries.

Call us today to discuss your legal rights and the details of your right to fair compensation.

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