Missouri Personal Injury Lawyer Blog

A food safety bill, which has obtained support from both Democrats and Republicans, is expected to be voted on before the Senate takes a fall break in October, according to Politico.com.

The legislation would give the FDA the power to authorize mandatory recalls of contaminated food. The FDA would also be able to set stricter rules for food inspections and receive access to food company records. Additionally, the bill contains protections for whistleblowers. The current food safety bill is over 70 years old and doesn’t contain any of those powers. Currently, Congress can order mandatory recalls of only four types of products: baby formula, medical devices, human-tissue products and tobacco products.

Proponents of the law say the old law needs to be updated. Approximately 76 million Americans get sick from food borne illnesses each year. About 5,000 of those die from the illnesses. The bill has garnered support from food safety groups, food producers and consumer advocates. However, opponents argue the legislation has not been funded, and the bill excludes food producers who sell at their farms or in local farmers markets.

Unfortunately, millions of Americans get sick each year from illnesses caused by contaminants in the food they eat. This year, 1,500 people contracted illnesses from contaminated eggs that came from two egg farms. Individuals who are sickened due to tainted food products can potentially have a claim for compensation, which could include awards for medical bills, lost wages, pain and suffering, and more. If you have eaten contaminated food and become ill, contact the Missouri food borne illness attorneys at Page Law at 314-322-8515 for a free consultation.

A Missouri police officer was tragically shot and killed during a training exercise, according to KMBC.com.

The officer, who had served five years with the police department, was killed when the officers grabbed their service weapons after returning from a break. One of the guns went off and hit another officer in the back. Police officials say that no live ammunition was used in the training exercise. The officer who shot the victim was a good friend. The police department is currently investigating the Missouri workplace accident and is expected to announce firearms safety measures to be used in training exercises in the future.

This accident, although very tragic and newsworthy since a police officer was involved, is one of over 100 deaths that occur in the workplace in the United States each day. In 2009 alone, 4,340 individuals were killed in on the job accidents. About 59 percent of those fatalities involved transportation in some way – either an accident in a company vehicle or the death of a road worker.

A person who is injured at work can typically obtain either workers’ compensation or can file a lawsuit against his or her employer. If an employee accepts a workers’ compensation claim, he or she is prevented from later suing his or her employer.

If you have been injured in a Missouri workplace accident, contact a dedicated personal injury law firm. The experienced St. Louis workers’ compensation attorneys at Page Law can help you evaluate your options and get the best settlement possible for your injuries. Contact us today at 314-322-8515 for a free consultation.

Between September 19 and September 25, Missouri law enforcement officials will be placing a special emphasis on child passenger safety, according to heartlandconnection.com. This effort takes place during national Child Passenger Safety Week.

During the program, Missouri state troopers will have zero tolerance on seat belt usage for all vehicles stopped for traffic violations. If troopers find any seat belt or child restraint violations, the offending driver will receive a ticket.

Under Missouri law, all drivers and front seat passengers, as well as all passengers under the age of 16, are required to be fastened in a seat belt or child seat. Children under the age of 4 must be in an approve child seat. In addition, children between the ages of 4 and 7 who weigh between 40 and 80 pounds must be in a booster seat or special restraint mechanism. Those under age 18 driving or riding in a truck must wear a seat belt.

Seat belts are vitally important. Studies show that about 50 percent of the 35,000 individuals killed in car wrecks in the United States could have lived had they been wearing a seat belt. Shockingly, for every 100 children who are killed in car wrecks each year, 80 of them could have survived if they had been properly fastened into a car seat or booster seat.

Have you been injured in a car crash due to the negligence of another driver? If so, contact a Missouri auto accident attorney immediately. Compensation may be available for not only damage to your car, but also medical expenses, pain and suffering, lost wages, and more. Contact the attorneys at Page Law at 314-322-8515 for a free consultation.

Tragically, a second worker has died after a workplace accident, according to KAIT. The accident occurred in southeast Missouri.

The workers fell early in September from a catwalk at Oakley, Inc., which is located at the Pemiscot County Port Authority. One of the workers who fell died immediately, and the second was flown to Memphis following the accident.

According to OSHA, the number of workplace injuries has steadily been decreasing since 2003. The industries with the largest numbers of workplace accidents are health care, manufacturing, construction, and retail. Missouri has a lower than average rate of occupational injuries than the national average.

In 2009, 4,340 fatal workplace accidents occurred. Fatal falls, such as the one that occurred at Oakley, accounted for 617 deaths. This number is down from a total of 700 in 2008. About half of all fatal workplace falls occur in construction. Therefore, workplace falls may have decreased simply because the construction industry has declined since 2008.

Workplace accidents can be devastating. In some situations, an injured worker may want to pursue a Missouri workers’ compensation claim. However, other cases may involve a personal injury lawsuit for damages. A personal injury lawsuit may help to cover expenses related to the injury that workers’ compensation does not.

If you have been injured in an on-the-job accident in Missouri, it is important to understand your legal options. Contact a dedicated and experienced Missouri workplace accident law firm to learn more. The team at Page Law has experience with workplace injuries. Call them today at 314-322-8515 for a free consultation.

Nobody expects to be involved in a Missouri injury accident. However, mistakes do happen and many times these accidents require the skill of an experienced St. Louis personal injury attorney. The videos on this blog will explain the role that a lawyer plays in a personal injury case and will hopefully answer any questions you may have regarding consulting a Missouri accident attorney about your injury.

A multi-vehicle accident that occurred in southeastern Missouri over the Labor Day weekend was caused by lack of visibility due to smoke coming from a field fire, according to SEMissourian.com. The accident involved 18 vehicles and 28 individuals were injured.

According to officials, field fires which result in Missouri vehicle accidents are not uncommon. One expert said events such as the one that occurred on Labor Day happen in Missouri every few years. Typically, such an accident is caused when a farmer burns off a field for residue management. A fire will clear the land of residue from a prior crop, getting the land ready for a new crop.

Farmers who wish to burn their fields are required in some areas to obtain permits. In addition, farmers should burn fields in strips, only burning one strip at a time. Besides farmers being prudent about fires, motorists also need to be aware of dangers that can occur when driving through smoke. Obviously, if smoke is so thick a driver can’t see through it, the driver should stop. However, many Missouri auto accidents have occurred because a driver has stopped in the middle of the road due to visibility issues, and another driver rear-ends the stopped vehicle because it can’t be seen. It is important for drivers to safely pull as far off the road as possible until visibility has returned.

Accidents such as the one that occurred over the Labor Day weekend can so easily be avoided. If you or a loved one has been injured in a car crash due to someone else’s negligence, contact the dedicated Missouri personal injury attorneys at Page Law today at 314-322-8515.

Tragically, three individuals were killed in three separate incidents on the Lake of the Ozarks over Labor Day weekend, according to KMOX.

Two men, one age 18 and one age 24, drowned in separate accidents while a 26 year old woman was crushed when she fell off a boat as it approached a dock. In 2008 and 2009, no water-related deaths occurred over the Labor Day weekends in Missouri.

In addition to these deaths, seven boating injuries occurred in over the holiday weekend. Twenty-seven individuals were arrested for boating while intoxicated in the state.

It’s important for boaters and swimmers to observe basic safety tips to avoid any more tragic accidents such as the ones that occurred over the Labor Day weekend. For boaters, make sure that your boat is equipped with all required safety equipment including life jackets. Do not just bring a life jacket; make sure to wear one while on the water. Do not overload the boat with more passengers than the boat can handle. Lastly and perhaps most importantly, do not drink while boating. Alcohol consumption while boating is one of the major causes of Missouri boating fatalities.

Individuals should never swim alone, even if they are good swimmers. Swim only in designated swimming areas, and do not rely on water wings, a tube or another toy to keep you afloat. And, of course, remember that drinking and swimming do not mix.

Accidents such as the ones that occurred in the Lake of the Ozarks over the weekend are especially tragic because they could have easily been prevented. If you have been injured in a water related accident due to someone else’s negligence, call the experienced Missouri boating accident attorneys at Page Law today at 314-322-8515.

Some victims of auto accidents in Missouri don’t necessarily want to file a lawsuit against the person responsible for their injuries. What many injured victims don’t realize is that in most cases, filing an insurance claim is sufficient enough to ensure that they get the financial help they need. However, there are some cases where the insurance company does not want to cooperate and a lawsuit is the only option. A St. Louis personal injury attorney can help you understand the process of filing a claim, or, if the situation calls for it, a lawsuit against the responsible party. Watch the below video for more information:

Depuy Orthopedics, a division of Johnson & Johnson, has recently announced a recall of its popular ASR hip replacement implant.

This defective hip replacement implant has been on the market since 2005. It was marketed as high performance metal-on-metal implant and was an FDA approved hip replacement implant. Since its release on the market, this defective hip implant has had numerous problems, but Johnson & Johnson waited until last week to announce a recall of the ASR hip replacement system.

Some of the problems with the ASR hip implant system include: 1) loosening – when the implant fails to stay in the correct position against the bone; 2) dislocations – when two parts of the implant are not aligned; 3) fractures – when the bone around the implant breaks; and 4) debris – when particle of metal from the implant come loose and spread around the hip.

If you have undergone a hip replacement surgery, believe you received a Depuy ASR implant system and now have complaint of pain or any other problems associated with your hip replacement, you should contact a Missouri personal injury attorney at Page Law immediately for a free consultation. We can be reached at (314)322-8515 or via email at john@thepagefirm.com.

When viewed as a whole, man’s best friend is a fairly dangerous creature. With a population of 310 million people in the United States in 2010, dogs bit approximately 4 million of us. Humans have been domesticating the dog (Canis lupus familiaris), for countless centuries, however, the typical canine remains very close to its wild and feral nature. The modern animal we refer to as a ‘dog’, is in reality, a domesticated grey wolf. The pets we keep today as dogs, come from a family of animals which include the jackal, foxes, coyotes, and wolves. The wild nature of man’s best friend is demonstrated continuously through their bites in the United States.

Missouri has recently enacted a new dog bite law that attempts to address the large number of ongoing dog bites throughout the state. For the past fifty years, Missouri operated under a statute which gave most dog owners a free pass to liability if their canine had never before exhibited any aggressive or dangerous behavior. The exceptions were for owners of a few limited breeds of inherently dangerous dogs, such as the pit bull, Rottweiler, or German Sheppard. People bitten by dogs with no previously known aggressive behavior were forced to suffer under the philosophy: I’m sorry, but you were the first, so the dog owner is not responsible because he did not know.

The new Missouri dog bite statute attempts to remedy this situation. Missouri Revised Statute section 273.036 has completely removed the requirement that a Missouri dog bite victim prove that a dog had been aggressive or dangerous before they were bitten. The new Missouri dog bite law provides that a dog owner is liable for all damage their dog inflicts on any person, or their property, if the victim was on public property, or lawfully on private property, and the victim did not provoke the dog into attacking. Missouri residents, who join in the 4 million people bitten by dogs each year in the United States, are now a little more secure in their right to hold dogs’ owners liable for their unprovoked attacks.

Continue reading " History of Dog's Aggression No Longer Required in Missouri Bite Claims " »

In January, an Amish man from Madison, Missouri was killed when his horse-drawn buggy was hit by a vehicle on U.S. 63 near Moberly, according to the Chicago Tribune.

The vehicle was driven by a 34 year old man from Illinois. He has been charged with second-degree voluntary manslaughter and a hearing for the man is scheduled on August 30.

Cellular telephone records show that the man who struck the buggy sent a text message to his wife only two minutes before the crash was reported. The man told investigators he was not texting at the time of the accident.

Texting while driving is dangerous. Drivers that use cell phones are four times as likely to get into crashes serious enough to injure themselves, according to the National Highway Traffic Safety Administration. In addition, distracted driving is a factor in one-quarter of crashes reported to police.

Using a cell phone while driving also has a major impact on your brain activity. According to Carnegie Mellon, driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. In addition, distraction from cell phone use results in a driver having the reaction time of someone with a blood alcohol concentration of .08, which is the level of intoxication in most states.

Have you been injured in an accident by a distracted driver? If so, contact an experienced Missouri automobile accident attorney today. You could be entitled to compensation for medical expenses, pain and suffering, damage to your automobile, and more. Contact Page Law today at 314-322-8515 for a free consultation.

Missouri’s new dog bite statute, RSMo 273.036, has altered long-standing Missouri law. Prior to the recent enactment of the new Missouri dog bite statute, a Missouri dog bite victim was only allowed to recover compensation for their injuries if they could prove the following elements: 1) the dog must have exhibited dangerous propensities on a prior occasion, 2) the dog owner knew, or should have known of their dog’s prior dangerous propensities, 3) the victim of the dog bite was lawfully on the property of the dog owner, and 4) the victim of the dog bite did not provoke the dog into the attack. Under this old version of Missouri law, a victim of a dog bite in Missouri often had a difficult task in proving the attacking dog had previously demonstrated dangerous or aggressive behavior.

Showing that a dog in Missouri has previously exhibited dangerous propensities presented many hurdles to successfully seeking compensation when bitten. Sometimes this task was accomplished with ease, in the few cases of dogs that had bitten another individual in the past and police or animal control documented the bite. However, in the vast majority of cases, dog bite victims were forced to expend large sums of money investigating the past behavior of a particular dog and dog owner.

Missouri dog bite lawyers were forced to search for any past aggressive behavior of the pet, such as lunging, biting, nipping, snapping, etc. Once a Missouri dog bite victim was able to find evidence of one or more of these prior dangerous propensities, then the act was subject to strict scrutiny through interpretation.

Continue reading " Out with the Old, In with the New: Missouri Dog Bite Statute Revised " »