Missouri Personal Injury Lawyer Blog

On August 29, 2009, the state of Missouri drastically changed its laws relating to the liability of a dog owner whose dog bites another individual. Revised Statute of Missouri section 273.036 is the Missouri statute governing a dog owner’s liability when their dog bites another person. This new Missouri law states “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." RSMo section 273.036(1).

This new Missouri dog bite law has created a two-prong test where a dog owner is strictly liable for personal injuries, and property damages, caused as the result of their dog biting another person without provocation, and while the dog bite victim was lawfully on the property of the dog owner.

Missouri’s new dog bite laws have elevated the responsibility of dog owners for the actions of their pets. The new law states that a dog owner is ‘strictly liable’ to an individual who is bitten by their canine, if the bite occurred without provocation, and while the victim was lawfully on the property. Strict liability is a legal doctrine that makes individuals responsible for damages of their actions, such as dog ownership, regardless of any "fault" on their part.

By including the concept of strict liability in Missouri’s new dog bite statute, a dog owner is liable to an injured dog bite victim meeting the above two-prong test, regardless of their intent to cause the injury. This new Missouri Dog Bite statue provides additional protections to those injured as a result of unprovoked dog bites in the State of Missouri.

Missouri’s new dog bite laws do recognize situations where an individual bitten by a dog may share some responsibility for the attack. The new Missouri dog bite law specifically states that a dog owner is liable for their dog biting another person, only if the bite occurs ‘without provocation’. Provocation may come in a clear and intentional manner, such as hitting, tormenting, abusing, or teasing a dog. Under Missouri law, provocation may also come through unintentional acts, such as stepping on a dog’s tail. The defense of provocation is taken on case-by-case basis in which juries must weigh the arguments of Missouri dog bite lawyers at trial in determining whether an act amounts to provocation.

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On Highway 25 outside Cape Girardeau, a vehicle struck the back of a scooter and both vehicles caught on fire, according to KFVS12.com. Fortunately, both drivers were uninjured. This accident highlights a growing trend in Missouri – the use of scooters on public roadways. However, many drivers are unfamiliar with the rules of the road regarding scooters.

Scooters can be driven everywhere except on interstates. In order to operate a scooter in Missouri, an individual needs to have only a driver’s license. Scooters don’t require a helmet, insurance, a motorcycle license, or specialized training. However, most safety officials recommend using a helmet, which can greatly reduce the likelihood of a head injury. In addition, unlike ATVs, motorcycles, boats or other motorized vehicles, scooters are not required to be registered with the state. Scooters have a speed limit of 30 miles per hour.

One problem with scooters is that most other drivers are not educated about them. Because scooters can only go 30 miles per hour, drivers need to watch out for them and not overestimate their speed.

Have you been injured on a scooter as a result of another driver’s negligence? If so, you may be entitled to compensation for not only medical expenses, but also lost wages, pain and suffering, property damage, and more. The experienced St. Louis car accident attorneys at Page Law have extensive experience with these types of accidents and offer free consultations. Contact them today at 314-322-8515. They will work hard to protect your rights and deliver favorable results.

Missouri personal injury attorney John Page of Page Law recently obtained a $6.5 million settlement for a motorcyclist who endured permanent brain injuries in an accident caused by a tractor-trailer driver, according to a Forbes.com report. The 49-year old motorcyclist was injured after the Allied Systems, Ltd. tractor-trailer crashed into him on May 1, 2005. The case was filed in St. Louis and alleged that both the driver and the trucking company, Allied Systems, Ltd., were liable for the tractor-trailer’s brakes being defective.

After driving to a shop to see if they could replace his tractor’s brakes only to find that the shop had closed, the trucker went on to retrieve a load that Allied Systems, Ltd. had sent him to pick up previously that morning. While the truck was on the highway in Benton County, MO, it crashed into the back of the motorcyclist who was allegedly slowing down or completely stopped.

The trial began with the driver’s insurance carrier agreeing to settle for $1 million. When the case was in mediation, the highest offer from Allied was $1.8 million. During the trial, Allied offered $2.5 million, but the Plaintiff refused, determining that the amount was not sufficient enough to fully compensate the catastrophically injured motorcyclist. The trucking company then presented $3.5 million, which was again refused. In the second week of trial, Allied proposed a $5.5 million settlement and this offer was accepted on top of the driver’s $1 million policy.

In reference to the motorcycle case’s outcome, John Page stated, “We put a significant amount of time and effort into obtaining this result for our client…Ultimately we were able to resolve this case for an amount that will help our client make up for the harms and losses he and his family suffered as a result of this crash.”

To learn more about the many accomplishments of Page Law, please visit http://www.injuredclient.com or call 314-322-8515 for more information about your legal rights and options if you have been injured in a motorcycle or other motor vehicle accident.

A school bus from Missouri crashed in eastern Kansas during a return trip from a church camp, according to an article in USA Today.

The accident happened on I-35 near Wellsville when the bus rolled off the highway. No other vehicles were involved. There were 34 people on the bus, which included 29 children, four teenage counselors and the bus driver. Eight children were taken to area hospitals in ambulances. Their injuries included back and neck pain and possibly some broken bones. One child was airlifted to a hospital in Kansas City. The crash is under investigation.

This type of tragic bus accident is rare as school buses have a reputation for being exceptionally safe. Each year school buses carry 24 million students and travel more than 4 billion miles. School buses have a rate of only .02 deaths per 100 million miles traveled. Between 1994 and 2004, only 71 passengers on school buses died in crashes. In 2004 alone, 31,693 people were killed in automobile accidents.

However, since 1996 the American Academy of Pediatrics has been urging that school buses contain three point harness seat belts for passengers. The Academy points out that although buses are designed with “compartmentalization”, which are thickly padded bench seats close together with high backs in order to protect passengers; children are still at risk if a school bus were to tip over.

Although injuries in a school bus accident are uncommon, they do happen. If you or a loved one has been injured in a Missouri school bus accident, it would be in your best interest to contact an experienced Missouri bus crash attorney. The legal team at Page Law can help you understand and protect your rights. Call us today for a free consultation at 314-322-8515.

Earlier this month, the Missouri State Highway Patrol announced the launch of a public safety campaign to discourage drivers from texting while driving, according to a press release from the Highway Patrol.

At a press conference, the MSHP displayed its new anti-texting logo. The logo will be given to the public in the form of a window decal. The logo was featured in a NASCAR race that occurred in St. Louis. The logo was displayed on the hood of the Con-way Freight race car. Con-way Freight has had a texting ban for its fifteen thousand truck drivers for two years.

The campaign is in addition to Missouri’s anti-texting law. The law prohibits cell phone use for all drivers ages 21 and younger. However, officials are hoping drivers of all ages will stop texting while driving in Missouri. Missouri is one of almost 40 states to prohibit some form of texting while driving.

According to the MSHP, last year there were over 1,700 crashes in Missouri as a result of cell phone usage while driving, which is more than any other form of distracted driving. In the first six months of this year, there were almost 800 crashes as a result of using a cell phone while driving. Those crashes resulted in eight deaths and over 200 injuries.

Texting while driving is dangerous. It involves taking your eyes off the road, removing a hand from the steering wheel and putting your concentration on something besides driving. If you have been injured in a car wreck due to distracted driving, you have legal rights. The St. Louis car crash injury lawyers at Page Law can help you pursue a case against a distracted driver. Call today at 314-322-8515.

In Missouri, workers’ compensation helps protect both employees and employers by guaranteeing certain payments to injured employees and protecting employers from lawsuits. Since a workers’ compensation claim is a legal proceeding, the Missouri Department of Labor recommends obtaining an attorney’s help. Situations in which you may need the assistance of an experienced Missouri workers’ compensation lawyer include:

• When your case will require an evidentiary hearing or trial, or when the insurance company or administrative law judge strongly recommend you hire a lawyer.
• When the insurance company is denying your claim, refusing to talk to you, or claiming a penalty for a safety violation or use of intoxicating substances like alcohol or drugs.
• When you are not getting medical care you believe you need, or tests your physician orders are routinely canceled, or you believe you are totally or permanently disabled as a result of your injury.
• When you qualify for Medicare, or when MO HealthNet or Medicaid have paid your medical bills.
• Anytime you feel intimidated, overwhelmed, or that you are being treated unfairly.

Workers’ compensation is a specialized area of law. When considering hiring a St. Louis workers’ compensation attorney, look carefully at the attorney’s experience in workers’ compensation law. You may want to choose someone who practices workers’ compensation law regularly and who understands the detailed rules involved.

The St. Louis workers' compensation attorneys at Page Law have extensive experience handling workers’ compensation claims. Our legal team strives to keep pace with every change in workers’ compensation law, and we regularly help clients who have been injured on the job seek the workers’ compensation benefits they deserve. Please don’t hesitate to call the experienced Missouri workers’ compensation lawyers at Page Law to discuss your workers’ compensation claim. Call (314) 322-8515 for a free and confidential evaluation of your workers’ compensation case.

No one ever plans to be in an accident, let alone find themselves in need of a St. Louis personal injury attorney. For most people who have been hurt in either an auto accident, motorcycle collision, or another accident caused by someone else’s negligence, they need help right away.

Although it is important to find a lawyer who can help you as soon as possible, you will not benefit in the long run by choosing just any attorney. To find out more about how you can find the right lawyer for your specific case, please watch the below video.

The Missouri Motorcycle Safety Program (MMSP) seeks to educate Missouri motorcyclists, including providing information about how to protect themselves from injury. Among the many safety myths about motorcycle riding is a host of myths about helmet use, which may discourage riders from wearing their motorcycle helmets.

For example, it is not true that a motorcyclist who wears a helmet may be at a higher risk for neck or spinal cord injuries. Multiple studies have shown the opposite: riders who do not wear their helmets are the ones who suffer more severe neck injuries, as well as leaving themselves open to head injuries that a helmet may reduce or prevent.

Also, motorcycle helmets do not impair a rider’s peripheral vision or prevent riders from hearing important traffic-related noises. Federal motorcycle helmet standards require that a helmet provide at least 210 degrees of peripheral vision, which is within the 200 to 220 degrees most humans have normally. Meanwhile, a University of Southern California analysis of 900 motorcycle accidents failed to reveal a single accident that occurred because the rider said he or she could not hear an important sound, even while wearing a helmet.

Wearing a helmet is one way to help protect yourself in case of a motorcycle accident. Unfortunately, not all motorcycle accidents are the fault of the motorcycle rider, and even the best equipment may not prevent all injuries. If another driver’s negligence or carelessness has left you injured in a motorcycle accident, please get in touch with the experienced Missouri motorcycle accident attorneys at Page Law. Our legal team will help you fight for all the compensation to which you may be entitled, including payments for medical bills, lost wages, and pain and suffering. Call Page Law today at 314-322-8515 for a free consultation.

A young couple died recently in a rollover crash on Interstate 55 in St. Genevieve County, according to the St. Louis Post-Dispatch. The couple’s car drove off the left side of the road at Little Saline Creek Bridge. According to the Missouri Highway Patrol, the car drove into the median, fell down the embankment between the bridges, and landed upside-down. Both the driver and passenger were killed in the Missouri rollover crash.

The Missouri Highway Patrol has been unable to discern why the car left the road. The driver’s mother believes that her son, who was driving, may have fallen asleep. She said that she had warned him before the couple left Texas that he should take rest breaks during the drive. The couple’s trip was nearly over; they were only 25 miles from home when they crashed.

The couple has three children, including two sons and a daughter. The children had stayed in Missouri while their parents went to Texas, and so they were not in the car when it crashed. Currently, they are staying with relatives.

Driver fatigue accounts for a large number of Missouri car accidents. Drivers who are too sleepy to pay proper attention or who fall asleep at the wheel may injure or even kill themselves, other motorists, bicyclists, or pedestrians. Driver fatigue in Missouri is a particular problem among large truck drivers, who must obey strict federal regulations on how long they may drive before resting.

If another driver’s fatigue has caused you or a loved one to endure an injury in an auto accident, you have certain legal rights. The experienced Missouri car crash attorneys at Page Law can help you understand your rights after an accident and will fight to protect your rights in court, as well as seeking the compensation you need to move on after a tragedy. Please don’t hesitate to call Page Law at 314-322-8515 for a free case evaluation.

A Food and Drug Administration (FDA) panel began a hearing on July 13 regarding whether the medication Avandia is safe enough to remain on the market, a news article on KSDK.com stated. Avandia is used to treat Type II diabetes. In several studies, it has appeared that the drug also increases the risk of heart attack, stroke, or death from other cardiovascular complications.

In February, a Senate committee concluded that Avandia’s maker, GlaxoSmithKline, knew about the possible risks Avandia posed to patients, yet did not study those risks further. Nor does it appear that GlaxoSmithKline reported the risks it knew about to the FDA.

Since 2007, GlaxoSmithKline has performed six clinical trials and has found that Avandia does not increase the risk of heart attack, stroke, or death. A study performed by Dr. Steven Nissen at the Cleveland Clinic, however, found a 44 percent increase in deaths, strokes, and/or heart attacks among patients that took Avandia. The Cleveland Clinic is well-known nationwide for specializing in the treatment of cardiovascular conditions, and Dr. Nissen’s study was one of the first to raise the alarm about the effects of Avandia on the human heart.

In 2007, an FDA panel voted 22 to 1 to keep Avandia on the market, but to put stronger warnings about the drug’s possible side effects, including the increased risk of heart attack or stroke, on the label.

If you have suffered a heart attack, stroke, or other cardiovascular condition while taking Avandia, you may want to consult an experienced Missouri pharmaceutical liability attorney. The experienced legal team at Page Law will review the details of your case and will protect your legal rights as they fight for the compensation you deserve. Contact Page Law today at 314-322-8515 for a free and comprehensive evaluation of your Missouri defective drugs case.

Starting January 1, 2011, persons called to jury duty in Missouri may have to wait even longer for a trial to begin, according to a recent article published in the St. Louis Post-Dispatch. With the beginning of the new year comes a new rule: courts must allow attorneys in a civil trial to check the statewide court website to see if potential jurors told the truth about whether they were involved in litigation in the past.

The new rule arises from a March case heard by the Missouri Supreme Court. In that case, a medical malpractice suit, attorneys learned after the end of the trial that one of the jurors had not told the truth when asked if she had been involved in civil litigation before. The female juror had been sued three times in the past three years. The Missouri Supreme Court ordered a new trial in that case and also ruled that attorneys must be given time to check Missouri’s online listing of cases. The online check is intended to give the attorneys the information they need to object to particular jurors on the basis of their honesty before the trial begins.

Being involved in a civil case doesn’t prevent a Missouri resident from serving on a jury. However, attorneys may want to know about previous cases because a juror’s experience in a previous case may affect how he or she will respond to the case at hand. For instance, a juror who has filed a personal injury suit before may be more sympathetic to a personal injury plaintiff.

Choosing a jury is just one of the complex tasks handled by an experienced Missouri personal injury lawyer on behalf of his or her clients. The St. Louis accident injury attorneys at Page Law have the practical trial experience to protect your legal rights in court. If you have suffered an injury due to another person’s negligence, please get in touch with the personal injury lawyers at Page Law as soon as possible. Call us today at (314) 322-8515 for a free and confidential case evaluation.

A serious school bus collision in Missouri that occurred around 10:30 a.m. on August 5 has killed one student and the driver of the pickup truck involved in the collision. The Associated Press reports that the chain-reaction freeway accident on Interstate 44 west of St. Louis also involved a tractor trailer cab and another school bus. The buses were transporting as many as 50 high school band members from St. James to a Six Flags theme park.

While investigation into this fatal Missouri school bus accident is ongoing, the Missouri State Highway Patrol reported that slowed traffic near a construction zone caused the pickup truck to crash into the back of the tractor trailer. One of the school buses then collided into the pickup truck from behind and was then rear-ended by the other bus. Dozens of children have been taken to local hospitals to treat injuries that are not reported to be life-threatening.

The responsibility of school bus drivers to safely transport children is significant, as is the importance of drivers receiving thorough training that meets state and federal standards. School buses should frequently be checked for any vehicle components that may require maintenance or repair.

Continue reading " Missouri School Bus Crash Kills Student, Pickup Truck Driver and Injures Several Others " »

A survey published recently in the Archives of Internal Medicine noted that ninety percent of physicians who participated in the survey said that doctors over-test and over-treat patients in part to avoid medical malpractice lawsuits, according to an article in the Associated Press.

The survey questioned 1,231 doctors nationwide. The physicians surveyed included emergency room doctors, specialists, surgeons, and primary care doctors. The survey asked two questions: "Do physicians order more tests and procedures than patients need to protect themselves from malpractice suits?", and, "Are protections against unwarranted malpractice lawsuits needed to decrease the unnecessary use of diagnostic tests?"

Ninety-one percent of the physicians surveyed agreed with both survey questions. The rate of agreement that doctors over-test to avoid lawsuits was higher among male physicians, of whom 93 percent agreed, than among female physicians, of whom 87 percent agreed. Both male and female physicians agreed equally that more protection against lawsuits was needed to decrease the rate of over-testing.

Even when physicians over-test and over-treat, they may fail to find the cause of a patient’s illness or treat it in the appropriate way for that patient. This failure may be an honest mistake, or it may be the result of negligence or carelessness on the physician’s part.

If you or someone you love has been injured or become ill as the result of negligent medical care, please contact the experienced Missouri medical negligence lawyers at Page Law. Our skilled legal team will thoroughly review the details of your case and help you understand and protect your legal rights. Call Page Law today at (314) 322-8515 to schedule a free and confidential case evaluation.

One year later, the cause of a mentally ill nursing home resident's death remains a mystery, according to a recent article in the St. Louis Post-Dispatch.

One morning in the summer of 2009, the 46-year-old resident of the Normandy Nursing Center told employees at the nursing home that he wasn't feeling well. The resident did not eat his breakfast that morning and declined to take his medication. Later that day, a nursing home employee found the man sprawled across his bed. He had stopped breathing, and he was pronounced dead not long after.

Toxicology tests indicated that the resident had died of a morphine overdose. However, the resident had not been prescribed morphine or any other opiate pain medication and was not known to be a drug-seeker. The tests revealed three to four times the normal morphine dose in the resident's system, but tests on his liver indicated that he was not a long-term morphine user. Although police investigated both this resident's case and an incident two months later involving another resident who was found to have opiates in her system, the case remains a mystery.

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