Missouri Personal Injury Lawyer Blog

In Missouri, you can recover damages related to dog bite injuries on theories of strict liability, premises liability, and/or negligence per se. These cases are proven in different ways. Notably, in the state of Missouri, proving a case under the strict liability theory has usually required that the dog owner have knowledge or constructive knowledge of their dog’s dangerous propensities. However, in August of 2009, the Missouri State Legislature passed a law stating as follows:

The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness.

More and more states, including Missouri, are doing away with “one bite” or “first bite” laws, and are adopting a more rigorous strict liability standard. Under current Missouri dog bite law, when it is proven that an owner was somehow negligent, such as by not properly restraining the animal, the victim may often recover damages without proving the dog’s viciousness.

Continue reading " Legislative Changes to Strict Liability Theory May Aid Dog Bite Victims " »

The driver of a semi trailer on U.S. 31 in Michigan received mild injuries when his truck rolled over on an off-ramp in Spring Lake. According to a Muskegon Chronicle article, witnesses stated that the 61-year-old driver was driving too fast down the sharply curved ramp and failed to obey a yield sign. The truck rolled over on the curve as the automotive parts in its trailer shifted due to the speed.

Witnesses also stated that before exiting U.S. 31, the driver had cut off other drivers and had failed to yield to merging traffic on the exit ramp, although he had the opportunity to do so.

The driver was able to extract himself from the vehicle by crawling out one of the side windows. He was conscious and walking when paramedics arrived, but was taken to a local hospital and treated for minor injuries to his hand. After investigating the rollover, local police ticketed the driver for speeding and for failing to yield the right of way.

The negligence of tractor-trailer drivers leads to a number of accidents every year. Although some, such as this rollover, result in only minor injuries to the driver, others seriously injure or even kill other motorists. The costs resulting from a tractor-trailer accident include medical bills, hospital stays, rehabilitation, lost wages, and pain and suffering. These costs add an additional burden to injured motorists and their families.

If you or someone you love has been injured or killed by a truck driver’s negligence, please contact the experienced Missouri semi truck accident attorneys at Page Law. Our attorneys will protect your legal rights and fight to recover the compensation you need to move forward from the accident. Call (314) 322-8515 to schedule a free and confidential consultation with an experienced Page Law attorney.

Man’s best friend has always been the dog. Still, dog bites in Missouri are nonetheless common. What many dog owners do not realize is that any dog can bite, regardless of breed or size. There is no scientific evidence that delineates dog bites to any specific breed. Some dog owners promote aggressive behavior by either encouraging the behavior or letting aggression go unchecked and without punishment.

According to the American Veterinary Medical Association (AVMA), approximately 800,000 people in the U.S. require medical attention as a result of dog bites and attacks. Children are the most common victims of dog bites. Here are a few tips on how to deal with dogs or what to do if faced with a potential attack:

• Do not disturb a dog while it is eating, sleeping or caring for puppies.


• Do not pet a dog unless it smells you first.


• If a dog threatens you, remain calm, still and avoid eye contact. Back away slowly until the dog is out of site. Do not turn and run as this will provoke the dog further and may cause it to chase you.


• If a dog knocks you down, curl into a fetal position, making sure to cover your face.


• Teach children to be careful around pets and how to properly interact with them.


• Do not leave a child or infant alone with a dog, ever.

If a dog has bitten you or your child, clean the wound first and consult a medical doctor. You may want to consult an experienced St. Louis dog bite attack lawyer to help you assess the details of your case and file a claim. Call 314-322-8515 to speak with a skilled personal injury attorney at Page Law for a free and comprehensive consultation.

Recently, federal regulators have requested that Bayer Healthcare revise its marketing materials for birth control products Yaz and Yasmin, adding new safety information to the drugs’ labels. According to News Inferno, Bayer announced Friday, April 9, 2010 that it would add new “Warning” sections to both drugs to include information about risk of blood clots associated with the drug. The new information came into light after two large, multiyear studies of over 120,000 women who took the contraceptives in the U.S. and U.K.

The Food and Drug Administration (FDA) issued a letter Bayer on April 7: “All promotional materials for your drug product that include representations about your drug product must be promptly revised to make it consistent with the labeling changes approved in this supplement, including any new safety information.”

Bayer had seven days to comply with the directive.

Continue reading " Bayer Healthcare Adds New Warnings to Yaz and Yasmin " »

In lieu of recent attacks on Toyota Motor Corporation for faulty brake pedals and now SUV rollover concerns, the company has decided to test all of its SUV models worldwide and has temporarily stopped selling the 2010 Lexus GX 460. Additionally, Toyota will stop manufacturing the SUV for nine working days beginning Friday, April 16, 2010 and resuming on April 28 according to a report issued on Detroit News Washington Bureau.

The National Highway Traffic Safety Administration (NHTSA) will be aggressively investigating the safety concerns circling Toyota vehicles. This investigation is a direct result of a study conducted by Consumer Reports. The magazine shed light on the Lexus GX 460’s handling problems and issued a “Don’t Buy” recommendations, its first since 2001.

About 6,000 models have been sold worldwide, and the company has already stopped the sale of 60% of its vehicles in the U.S. Toyota has been under strict review since it has recalled 8.5 million vehicles worldwide due to a variety of safety concerns, namely defective brake pedals. The NHTSA imposed a $16.4 million civil fine on Toyota for delaying the brake pedal recall.

By law, manufacturers have a responsibility to consumers to ensure that their products are safe and work properly. Responsibility also extends to designers, retailers, wholesalers and anyone else involved with the production or sale of the defective product. Toyota, therefore, has a responsibility to consumers affected by their products. If you, or someone you love, have been injured in a car accident involving any of the recalled Toyota or Lexus vehicles, you may be entitled to recover compensation for medical expenses and other financial losses. Contact the experienced Missouri injury attorneys at Page Law at 314-322-8515.

Due to their small size, precarious manner, and relative lack of safety training, children are often more likely than adults to be the victim of a dog attack in Missouri. It is important for parents to educate their children on dog safety, regardless of whether your family owns a dog. Children possess a natural curiosity about dogs, and it is therefore crucial that young children be educated about child-dog interaction. The most important thing for a child to learn with respect to dog bite prevention is that dogs are excited by things that move. Accordingly, the most effective response for a child that is receiving unwanted attention from a dog is to remain still.

The following tips, provided by the Center for Disease Control & Prevention are a perfect starting point for any parent who is eager to educate their children regarding dog bite prevention:

• Do not engage or approach a dog that you are unfamiliar with.


• Do not run away from a dog or scream in fear.


• Remain as motionless as possible ("be still like a tree") when an unfamiliar dog comes near.


• If knocked down by a dog, roll into a ball and be still.


• Do not play with a dog if you have no adult supervision.


• Report all stray dogs or dogs displaying strange behavior to an adult.


• Avoid direct eye contact with a dog.


• Do not disturb a sleeping dog, a dog who is feeding, or a dog that is caring for puppies.


• Do not pet a dog before giving it the opportunity to see and sniff you.


• If injured by a dog, immediately report the injury to an adult.

Even the safest of children sometimes get bitten through no fault of their own. If your child has been attacked by a dog, it is crucial that you seek immediate help from an experienced attorney who can both advise you regarding dog bite protocol and counsel you regarding available legal measures. Our Missouri child dog bite lawsuit attorneys can help you protect your child’s legal rights and obtain just compensation for your child’s injuries. Call (314) 322-8515 for a free consultation. Our St. Louis dog bite lawyers will help you evaluate your options and select the appropriate course of action for you and your child.

If your child is bitten by a dog in St. Louis, it is easy to fall into a state of panic. However, it is extremely important to maintain your composure and take immediate, decisive action. Learn the following steps from Doggone Safe, so that if your child is attacked by a dog, you will be prepared.

1. Immediately attend to the St. Louis child dog bite victim. However, you should ensure that other people do not remain in danger from the same dog while you attend to the injured person.
2. Tell other children and passing bystanders to remain very still and quiet if the offending dog is still in the area.
3. Because animal bites can easily become infected, you should take the victim to a doctor if the skin was broken.
4. Report the bite to your local health department. It is important to determine if the dog has had its vaccinations. Regardless of your relationship with the dog owner, it is essential to take this step, as your child’s safety is paramount.
5. Report the bite to your local animal services department - even if there was no serious injury. It is crucial that a searchable record be established so that one can determine if a given dog has a history of attacks.
6. Report the bite to police - inform the police of the details of the attack, and they will be in a position to decide whether the event warrants further investigation.
7. If other unsupervised children remain in danger because of the dog, report the situation to your local children's services agency so that they can investigate and take action if required.
8. If you or your child is fearful or otherwise seem disturbed in the days or weeks following the incident, consider contacting a trauma counselor.
9. If your dog was the biter, confine the dog and report the incident to your local animal control department.
10. If you feel that you need information about legal issues related to the bite incident, please contact the Missouri dog bite tort law attorneys at Page Law for a free consultation. If you or your child has been attacked by a dog, call (314) 322-8515 to speak with one of our experienced lawyers.

Three brothers of an Overland man who was allegedly pushed down a flight of stairs to his death by a police officer have filed a wrongful death suit in St. Louis County Circuit Court. The lawsuit, filed against the city of Overland as well as three Overland police officers, accuses the officers of using unreasonable and excessive force and of abandoning the victim without arranging for medical attention. The suit further accuses the city of failing to properly train its police officers. The plaintiffs are seeking damages of more than $25,000.

The victim suffered substantial injuries, including a massive head injury, ultimately leading to his death. Plaintiffs allege that the officers, aware of the man’s injuries, then proceeded to leave the scene without notifying their supervisors or seeking medical treatment for the man. The St. Louis County Prosecutor’s Office has already filed a manslaughter charge against one of the officers involved in the incident, but does not expect to charge additional officers.

Continue reading " Family Files Wrongful Death Suit against Overland Police " »

According to the Missouri Highway Patrol and News-Leader.com, a three-car accident resulted in the death of a 41-year-old man and minor injuries to the other parties involved. The man was killed when his vehicle sideswiped another car on Henry County H, and then crossed the center line and was broadsided by the third vehicle. The second car was driven by a 38-year-old Butler woman who only sustained minor injuries, according to the Highway Patrol report. The third vehicle was driven by a 40-year-old man of Clinton. His car overturned and came to rest on the driver's side. The driver and his 14-year-old passenger sustained minor injuries, according to the report. The deceased was not wearing a seatbelt. He probably would have survived the accident if he had been wearing his seatbelt.

According to the Missouri State Highway Patrol, one person dies every nine hours in a car accident in Missouri. The best way to avoid serious injury is to buckle up. They also state that an unbelted person in the front seat of a car involved in a crash going just 30 mph hits the windshield with the same force as someone who falls out of a third story window. It is Missouri State law to wear a seatbelt and violators may be subject to a fine and court costs for not properly using seat belts.

Continue reading " 3-Car Accident Results in Fatality " »

Missouri personal injury law firm, Page Law, is proud to announce the launching of its new pharmaceutical liability website: http://www.pharmaceuticaldrugattorneys.com/. In providing helpful information relating to drug recalls, potentially dangerous pharmaceuticals, medication injury resources and products liability claims, the new website aims to assist those who have suffered serious side effects from using an over-the-counter or prescription drug. Pharmaceutical liability refers to the legal responsibility of drug makers to design, market, and produce products that are safe, effective, and that will not worsen a condition or create new medical conditions.

As consumers, it is completely understandable for us to expect that the medications we are prescribed and/or purchase are safe for use. However, several drugs on the market are often found to be inaccurately marketed or contain a design or manufacturing flaw. As a consequence, some individuals may endure severe side effects, permanent disability, and even death. The new Page Law pharmaceutical liability website serves as a source for drug injury victims and family members of drug injury victims to learn more about drug manufacturer negligence, breach of warranty, inaccurate advertising, and strict liability.

The drug products liability website contains valuable information, and much more, relating to the following drugs:

• Paxil


• Raglan


• Levaquin


• Oral Sodium Phosphate/Fleet


• Yasmin


• Raptiva


• Chantix

It is important for drug injury victims as well as family members to be aware of potential legal options when a drug maker or seller has been negligent. When drug manufacturing companies put profits before the well-being of trusting consumers, something must be done to ensure that less incidents of pharmaceutical injury take place. To learn more about pharmaceutical liability in Missouri, please visit Page Law’s new website or call 314-322-8515 if you or loved one have suffered severe side effects from a defective drug.

A kplr11.com news report discussed that snowy roads were to blame for a crash near the southwest Missouri town of Neosho. A 54-year-old man died when the SUV he was driving slid off the side of the road, struck the guardrail and flipped over. His passenger suffered minor injuries. The patrol said neither of the men were wearing seatbelts.

This tragic accident stresses the importance of two major highway safety tips: drive carefully according to the weather, and always wear your seatbelt. Driving safely will become especially important this spring, when communities along rivers in the Midwest will be bracing for what could be a record spring flood season. The National Weather Service is currently warning of a "high probability" of major flooding along parts of the Mississippi and Missouri rivers and their tributaries. Trouble spots include the Red River Valley in the Dakotas, the upper Mississippi River from Iowa through at least the St. Louis area and portions of the Missouri River. Many tributaries of the bigger rivers could also reach well above flood stage.

Continue reading " Snowy Road Conditions Blamed for Man's Death in Southwest Missouri " »

An article in the stltoday.com website relates that investigators are trying to determine the cause of an early-morning fire that led to the evacuation of the Northwest Airport Inn. The fire broke out just after 2 a.m. at the hotel which is located at 3570 North Lindbergh Boulevard. Thankfully, no injuries were reported. Witnesses said flames were shooting through the roof of the complex and everyone got out safely. The fire gutted two rooms and left the rest of one building with smoke and water damage.

All of the hotel guests, many of them long-term residents of the hotel, were left without a place to stay. They were taken to Ramada Airport North on Dunn Road. A desk clerk at the Ramada said about 30 rooms will now being used by the guests displaced by the fire at the Northwest Airport Inn.

Although this fire is still under investigation and the cause is still unknown, it is possible that the cause of the fire will be attributed to the property owner’s negligence or inadequate maintenance of the premises. Landlords and property owners are obligated to protect persons on their property from injuries resulting from hazardous conditions that the owner knew or should have known existed. If anyone had been injured in this particular fire, it is probable that the property owner would have faced multiple liability suits.

Continue reading " Hotel Guests Flee Blaze at Northwest Airport Inn " »

According to an article, about fifty percent of patients who received a certain type of radiation treatment for cancer in the past five years from CoxHealth were exposed to dangerously high levels of radiation. Authorities say they don’t know if the overdoses caused or hastened any deaths, but they are going over medical records to investigate whether or not they did.

The hospital has revealed that more than 150 patients were given doses of radiation between 20 and 70 percent more than they needed. Another group of patients only received 10 percent more than they needed. Of the entire group of patients treated with the incorrectly programmed machine, 59 percent of them died. The mistake was the result of a technician using the wrong tool to program the radiation machine. It went unnoticed for five years until a newly hired second technician questioned the calibration used by the chief physicist.

Unfortunately, radiation over-exposure has become more common than one would think. Nationally, there have been several similar stories in recent news. Radiation overdose is extremely serious and is an issue that no one ever expects to experience at a treatment facility that has taken an oath to provide the highest standard of care possible. When medical professionals fail in their duties, situations of medical negligence or malpractice may result and an injured patient is entitled to seek compensatory damages for their injuries.

Continue reading " Patients Were Overexposed to Radiation at Hospital " »

Nbcactionnews.com reports that the Kansas City Royals have to answer to a claim that Slugger the mascot wounded a fan with a hot dog. Apparently, Slugger was launching hot dogs into the stands with an air rifle when things got out of control. The injured male fan has filed a lawsuit seeking $25,000 in damages and claims that Slugger’s reckless action has caused a severe detached retina and cataract. The victim will require surgery and wants compensation for further medical expenses because of the injury. A spokesman for the Royals made no comment because the suit is still an ongoing legal matter. The suit cites negligence and battery.

Although this case might seem humorous to some given its context, people don’t go to sporting events or entertainment venues expecting to be injured by the staff. It is reasonable to expect a certain level of duty of care to ticket holders at a stadium. This particular case may be more complicated than it appears, mainly because several parties may be involved. There may also be Missouri premises liability issues in addition to the injury claim for the damage done to the fan’s eye.

Continue reading " Slugger the Mascot Injures Fan with Hot Dog " »

In recent years, a rising number of railroad workers are suing their employers because of health problems caused by chemical exposure. A condition called toxic encephalopathy is becoming increasingly common among railroad workers. Toxic encephalopathy is a degenerative neurological disorder which has a variety of symptoms, including memory loss, personality changes, nausea, fatigue, seizures and depression.

Toxic encephalopathy is believed to be caused by exposure to diesel exhaust and chemical solvents used to clean locomotives. CSX has settled hundreds of cases brought by its employees alleging they incurred brain damage as a result of such exposure.

According to a recent article, a railroad worker in Texas has initiated a lawsuit against BNSF Railway Co. for failing to create and maintain a safe working environment. The worker alleges that he endured significant physical and mental pain from inhaling chemicals while on the job. The claim also demands legal remedy for suffering, anguish, lost wages, benefits, and acquired medical costs.

Railroad workers are protected by Federal Employers’ Liability Act (FELA). FELA was enacted in 1908 to protect railroad workers who become injured on the job, since railroad workers are not eligible for workers’ compensation. In order to recover under FELA, the employee must show that the employer was negligent in order to recover damages.

Continue reading " Chemical Exposure to Railroad Workers " »

A recent dog fight investigation in Columbia has raised concern regarding animal treatment as well as the potential consequences of encouraging violent behavior in dogs. A Columbia Missourian story reported that police have arrested a man after investigating a report of a dog fight on Wren Wood Drive.

After officers made a force entry into the backyard of the suspected home, a male pit bull was discovered with injuries to its muzzle, left front leg and ears. Another dog was found inside the home with injuries to its muzzle as well. Apparently, a third dog had been significantly injured but was taken away from the premises before police got there.

An individual may face felony charges in Missouri for dog fighting or possession of dogs for fighting. Also, it is a misdemeanor to be a spectator at a dogfight in Missouri. Despite these laws and Congress enacting the Animal Fighting Prohibition Enforcement Act in 2007, dog fighting continues to take place throughout the U.S. Some believe that these events contribute to raising aggressive behavior in dogs and therefore put others at risk of attack, injury, and in the worst of cases, death.

The most serious of dog bites and attacks in Missouri are typically attributed to Rottweilers and pit bull-type dogs. However, any kind of dog is capable of causing injury to others if a dog owner encourages aggressive behavior, fails to properly contain the dog or disregards an animal’s bite/attack history.

Continue reading " Columbia, Missouri Dog Fighting Discovered Out of Man's Home " »

A man was critically injured in an auto accident in Columbia after his vehicle was struck by a city bus. According to an ABC 17 news report, the major injury collision occurred at the intersection of Old Highway 63 and Bearfield Road. Apparently, the bus collided with the car and pushed it up against a telephone pole. As a consequence, the man was trapped inside his car for almost an entire hour. Fortunately, none of the 14 passengers in the bus were injured in the crash.

In such serious car collisions, it is important to look into whether one of the drivers failed to yield right-of-way at the intersection. Failure to yield right-of-way may be caused by driver inattention, recklessness, impairment or distracted driving. The at-fault party in these kinds of crashes may be held financially responsible for the accident and injuries sustained. Victims who are injured as a result of someone else's negligence may seek compensation to cover medical expenses, loss of wages, cost of hospitalization, physical therapy and even long-term care if the injuries are debilitating or lifelong.

Continue reading " Missouri Bus Accident Critically Injures Man " »

Confidential reports from the U.S. Food and Drug Administration (FDA) recommend that GlaxoSmithKline's controversial diabetes drug Avandia be pulled from the market because it can cause heart attacks, the New York Times reports. The report obtained by the Times states that if all diabetics using Avandia stopped taking it, about 500 heart attacks and 300 cases of heart failure would be prevented each month.

Several studies, including a Canadian study in 2009, found that Avandia was associated with an increased risk of heart failure and death among older patients. A bipartisan U.S. Senate investigation also determined that Glaxo did not warn patients earlier that Avandia was potentially deadly. Avandia has been linked to causing congestive heart failure, primary pulmonary hypertension and osteoporosis. A 2007 study in the New England Journal of Medicine found that patients who took Avandia experienced a 43 percent higher risk of cardiovascular events.

Continue reading " FDA Wants Avandia Off the Market: Dangerous Side Effects " »

Children of women who take antidepressants such as Paxil in the later stages of their pregnancy "are slower in reaching some developmental milestones," according to new studies performed by Danish researchers. A news report in HealthDay states that the scientists used data obtained from more than 81,000 babies born in Denmark. They found that babies whose mothers took antidepressants during the second or third trimester took more time to sit on their own or walk than children of depressed mothers who did not take these medications.

This particular study is not the first to show that antidepressants such as Paxil may affect fetal development. In 2009, a study in the British Medical Journal found that women who took such antidepressants during the first three months of their pregnancy were threatened with the higher potential of giving birth to babies with septal heart defects or malformations in the wall separating the right side of the heart from the left. Also, the U.S. Food and Drug Administration (FDA) as well as the American College of Obstetricians and Gynecologists have issued warnings to consumers about the increased risk of heart defects and other birth defects associated with the use of Paxil during pregnancy. Paxil has also been known to cause other birth defects such as low blood sugar, vomiting, irritability and seizures.

Continue reading " Antidepressants Such as Paxil May Be Slower to Reach Developmental Milestones " »

A recent report released by the Better Business Bureau claims that Missouri has more federally licensed dog breeders than any other state in the country. The state of Missouri is home to over 30% of licensed dog breeders in the U.S. That is over four times the amount of dog breeders in the next highest state.

Although these breeders do have federal licenses and must undergo an annual inspection, there are only 13 inspectors who are forced to juggle their duties along with other responsibilities. As a result, many atrocities go unchecked. For instance, a breeder in southwest Missouri is said to buy and sell nearly 90,000 puppies a year. The breeder delivers the puppies in a semi. There are also numerous reports of sick puppies being delivered.

The Better Business Bureau has a few tips to help fix the out of control puppy mill situation in Missouri. The department of Agriculture must step in and be more aggressive in prosecuting repeat offenders. Missouri should also consider raising the annual license fee. In addition to new legislation and ordinances, consumers can also make a difference by adopting a shelter animal instead of buying a puppy.

Puppy mills are generally more concerned with quantity over quality; and as a result, inbreeding can occur, which may increase the animal’s proclivity to aggression. Aggressive and mistreated animals are more likely to attack a human, thereby increasing the number of dog bites in Missouri.

Continue reading " Missouri Dog Bite Claims: Better Business Bureau Investigates Missouri Puppy Mills " »