Holding Manufacturers Accountable for Defective Product

With technology being such a huge part of our lives. It is very important that before a product is released the marketplace, manufacturers ensure their product is safe. Manufactures have to take the right measures to ensure there are no defects and that the product includes appropriate warnings and/or instructions. Product manufacturers and suppliers have a legal obligation to protect consumers from unreasonable harm, they can be held accountable if the product defect leads to an injury or death.

On May 7, 2016 40-year-old Joshua D. Brown, was in Williston, Florida when the cameras on his Tesla failed to distinguish the reflection of the brightly lit sky from the white side of a tractor-trailer that was making a turn. The brakes on his tesla did not automatically activate causing the tesla to strike the truck and then hitting a telephone pole that was a quarter mile down the road. When the ambulance and firefighters arrived at the scene it was too late Mr. Brown was pronounced dead at the scene of the accident.

In a wrongful death case such as this one the surviving family members of the deceased may be able to file a claim against the manufacturer or supplier of the product to collect damages for medical bills, loss of companionship and other damages. Proving that the manufacturer or similar entity is responsible for the individual’s death can involve the assistance of doctors, engineers, experts, and other professionals who have a thorough understanding. At The Mace Firm we have experienced wrongful death attorneys who have established relationships with experts and professionals who would ensure that each one of the claims have a strong foundation. Our attorneys would help you through these very difficult times to ensure that the death of your loved one is compensated. Wrongful death lawsuits help survivors recover monetary damages that cover their financial and emotional losses after the loss of a loved one and our attorneys at The Mace Firm will be there to help you every step of the way.

Fatalities During Memorial Day Weekend

Memorial Day has become less of an occasion of remembrance. Many people choose to hold picnics, sports events and family gatherings on this weekend. This day is traditionally seen as the start of the summer season for cultural events. In Myrtle Beach Memorial day weekend is the beginning of bike rally’s. Starting with the Harley Davidson bike week and ending with Atlantic beach bike week. During both bike weeks, there were exactly 16 traffic accidents in the area in 2014. According to the S.C. Department of public safety one motorcyclist is killed every 4.1 days in South Carolina. The South Carolina Traffic Collisions Fact Book says that in 2009, the most recent year for which numbers are available, there were 95 fatal motorcycle wrecks and 18 fatalities involving “motorized bikes” (mopeds) on South Carolina highways. Another 1,290 motorcyclists were injured in wrecks on South Carolina roads in 2009. Many motorcyclist suffer from minor injuries while others can suffer from more critical injuries.

For instance on January 6, 2015, Furman Hanna, of Aynor, died due to a blunt force internal injury when a 63-year-old man driving a 2009 Chevrolet HHR north on Enoch Road; attempted to make a left turn onto a private driveway. He turned in front of the 2009 Harley Davidson motorcycle and the vehicles collided. Hanna was not wearing a helmet and died at the scene of the accident. Recently another accident was reported on April 18, 2015, Jackulin Cataldi, died at Grand Strand Regional Medical Center from head injuries sustained in a motorcycle accident. The Harley Davidson motorcycle was traveling north on Highway 17, and the Mercury was turning onto the highway from Cypress Avenue, when the Mercury failed to yield the right of way, causing the motorcycle rider to lay the motorcycle down. Many don’t realize the importance of sharing the road and being cautious during bike week or just anytime when there is a motorcycle on the road.

One of the main causes of motorcycle accidents is simply the failure of others to see motorcyclists. Because of this, motorcyclists are often blamed if an accident occurs. However, just because these vehicles are smaller and harder to see does not excuse other drivers from fault if an accident happens. Riding a motorcycle is something many do as their main source of transportation or as a favorite past time especially during times like bike week. For more than 75 years bike week attracts hundreds of thousands of bikers from around the country. But, regardless of why a person chooses to use a motorcycle, the dangers drivers and passengers face are significantly greater than those faced by occupants of a traditional motor vehicle. According to WMBFNews there were 134 reported motorcycle collisions during Atlantic beach bike week. If a motorcycle accident happens, the damages sustained can be extreme and those injured or in the event of fatality the victim’s surviving family members may seek compensation for any losses suffered.

Our personal injury attorneys in Myrtle Beach, SC have experience representing motorcycle riders that have been injured in the Grand Strand area.  Our personal injury attorneys in Myrtle Beach have also sadly represented families who have had to experience the wrongful death of someone in their family. It is a very hard time for anyone when they are in this situation, but with the help of an experienced attorney at The Mace Firm families recover compensation for their injuries and compensation for pain and suffering.  Call today to schedule your free consultation with one of our personal injury lawyers.

 

The REDEEM Act

The Record Expungement Designed to Enhance Employment (REDEEM) Act is potential new legislation that will aid non-violent offenders in sealing and expunging their records.  This opens up a variety of doors not only for these offenders, but for society as a whole.  So many offenders, once released are unable to obtain gainful employment because of their criminal history.  The purpose is to stop the cycle of incarceration and poverty.  Our prison system is simply overpopulated and when previous offenders reoffend due to lack of employment opportunities, it makes the overpopulation problem a growing concern.  This legislation to meant to halt this effect.

JUVENILES

If the legislation passes, it would automatically permanently seal the criminal records of juvenile non-violent offenders.  It would also expunge the records of offenders under fifteen (15) years of age if they have not reoffended after three (3) years.

ADULTS

The legislation would also allow adult non-violent offenders to petition to have their records sealed if they have not reoffended a year after their sentence is completed.  Sealing the record would close it from public view and allow it to be treated as having never occurred.  Additionally, certain low-level drug offenders would also be allowed to continue to receive certain federal support despite their criminal record.

Wrongful Death/Auto Accident Settlement—$1,297,500.00

A truck was hauling a large piece of equipment for delivery.  The truck was traveling between 7 and 14 m.p.h. on the Interstate at night.  It was equipped with insufficient lighting.  The equipment was initially hit by an SUV.  The impact disabled the SUV in the middle of the roadway.  The truck stopped and blocked the right-hand and emergency lanes.  Plaintiff’s husband was driving in the right-hand lane and collided with the truck.  He passed away shortly after the accident.  Plaintiff was a passenger in the vehicle and suffered multiple fractures.  Our South Carolina wrongful death attorneys brought an action against the driver, the owner of the piece of equipment and the business that sold the piece of equipment for negligence, wrongful death and loss of consortium.  The parties settled for $1,297,500.00.

Boating Accident Judgment—$1,000,000.00

Plaintiff was surfacing from a dive and was hit by Defendant’s 28’ vessel.  Plaintiff suffered major lacerations to his upper body and a compound fracture in his arm when the vessel’s propeller hit him.  The bone from his broken arm was protruding from his dive suit.  An action was brought against the Defendant for negligence and loss of consortium.  Our personal injury attorneys successful had a judgment entered in the amount of $1,000,000.00.

Auto Accident Settlement—$100,000.00

Plaintiff was injured when the Defendant driver grabbed her arm, accelerated his vehicle and drug her across a parking lot for over 30 feet.  Defendant was intoxicated at the time of the incident.  Plaintiff suffered a laceration to her head, sprained her left foot and suffered multiple abrasions which resulted in permanent scarring.  Plaintiff had $30,000.00 in medical bills.  Our accident attorneys brought an action against the driver and the bar that served the driver alcohol.  The parties settled for $100,000.00.

Russell Mace Settles Multi-Million Dollar Wrongful Death Case

Our leading South Carolina personal injury lawyer, Russell Mace, has negotiated another large settlement.  Mr. Mace represented a couple whose three-year-old child tragically drowned while in a vacation home in Florida.  The vacation home was required to install an alarm at each entry-way to the pool.  Prior to the couple arriving, staff reported that the alarm was not working properly.  Despite these reports, maintenance never repaired the alarm before the couple arrived.  The alarm never sounded when the child went through the home’s sliding glass door to the pool.  Mr. Mace was able to settle the case with the leasing company and homeowner’s for $2 millionThe Sun News has described this settlement as “one of the largest settlements in a South Carolina-related case for 2013.”  

Of course, no amount of money will ever mend the heartache and loss of the couple.  Mr. Mace correctly described this case as a tragedy “because it could have been prevented with proper maintenance.”  However, Mr. Mace is confident that this settlement will act as a deterrent for similar cases of negligence. 

Mr. Mace aggressively represents his clients and fights for their best interests.  He has over fifteen years of experience in civil litigation and has been voted as one of the 100 best trial attorneys nationwide.  He has a high degree of knowledge about all stages of civil litigation.  If you need a personal injury lawyer or wrongful death lawyer in South Carolina, contact our office at (843) 839-2900 for a free consultation or contact us online.       

Fall HOG Motorcycle Rally In Myrtle Beach

The fall motorcycle rally has begun in North Myrtle Beach and Myrtle Beach. This year there is expected to be more riders than in previous years. Already it appears that this group of riders is more aware of the dangers and road hazards than other groups of riders. Most of the riders are alert and the local bars are not overflowing with bikes. The amount of accidents and fatalities is usually lower for this rally than the spring rally. There is no question that there are still dangers present with the mix of motorcycles and cars, but from the start on Wednesday it seems that this will be a very low accident weekend. North Myrtle Beach is expecting a banner rally with several groups of riders return to the area after an intermittent absence over the past few years. This is import for the local economies as many business need this boost of tourism prior to the slow season beginning. North Myrtle Beach has stated that they will evaluated the success of the fall rally by examining the amount of money spent by the city versus the amount of money taken in by businesses. This is the same formula that Myrtle Beach used after the spring rally and confirmed that the city was loosing money.
Motorcycle accidents are very common in Myrtle Beach and North Myrtle Beach during most of the year. The regularity of these accidents increases during the spring and fall rallies. Our office has Myrtle Beach motorcycle injury attorneys who are available to assist with anyone injured in a motorcycle accident.

Our lawyers have experience in representing riders and their passengers in these types of accidents. We have also represented the families of individuals who have lost their life during these rallies. Our experience in this area allows us to provide the best results we can for our clients. Our lead personal injury attorney in Myrtle Beach is a member of the million dollar advocates forum. Having litigated several cases for wrongful death and acquiring million dollar plus results has been a real privilege. We are available in our Myrtle Beach law office to consult on personal injury cases.

Colorado Murders may now have Civil Lawsuits Filed

There could be several lawsuits filed against the movie theater for the death and injury of friends and family for the shooting.  While any lawsuit at this point would not have a good legal basis while the facts are still being developed, that is not to say that the victims will not go forward with the litigation.  The main issue would be negligent security at the movie theater.  These type of cases usually involve a known danger and a preventable danger.  In this case it will be difficult to show that the theater could have prevent this horrible event, because there was not basis for them to suspect that such a catastrophic tragedy would occur.  Many negligent security cases involve fights, assaults and even murders.  However, the business owner has some notice that this could occur at their location and did nothing to ensure the safety of the business invitees.

A good personal injury lawyer will have the ability to determine whether a negligent security case can be brought based on the facts as they are now presented.  It is my opinion that any case will most likely be dismissed based on the facts that have been released by the police in Colorado.  There would have to be some basis for the case to withstand a challenge from any good law firm and fighting insurance companies is no easy task.  Many times the insurance company will make every effort to ensure that their case has an advantage and in doing so weaken a real plaintiffs case.  Frivolous lawsuits do occur and our guess would be that any lawsuit brought against the movie theater in this case will be dismissed.  Our negligent security attorneys are familiar with what needs to be alleged to win a negligent security case and from the information provided to date, these facts are not present in this case.

Hiring a good personal injury lawyer is important at many different levels.  First the lawyer should be able to inform you as to the type of case you may have and whether it is worth while to pursue into court.  Many lawyers will tell you that for case is great, but then refuse to file a lawsuit on your behalf.  This usually means the lawyer prefers not to go to court or that the case was never really that good to begin with.  You should always speak to at least two personal injury attorneys or two personal injury law firms prior to hiring anyone to represent you or a family member.  All lawyers have different opinions as to what a case may be worth or what to expect in the litigation.  Just as some lawyers never handle real estate or wills, some lawyers never handle wrongful death or catastrophic injury cases.  Each case is different and you will not know which personal injury lawyer is right for you until the case starts to progress.  Many times injury cases take years to either resolve or go to trial.  In the past decade mediation has become a requirement in most jurisdictions and ends up settling many cases.  Our personal injury lawyers in Myrtle Beach, SC are experienced in negligent security cases and wrongful death cases.  You may contact one of our Myrtle Beach lawyers at www.TheMaceFirm.com.

Another Motorcycle Accident, Another Death in Myrtle Beach

Bike week in Myrtle Beach has been over for a couple of months and the summer tourist season is in high gear.  Yet, another biker has lost their life on the roads around Myrtle Beach.  This time near Surfside Beach a van driven by Patricia Wedge collided with two motorcycles on U.S. 17 just North of S.C. 544.  It appears from the initial report that Wedge may be responsible for the accident.  The accident occurred around 10:00 p.m. and this location is very busy at that time of night.  This is a very common type of accident in the summer months along the grand strand area.  There is a large influx of tourists from all across the country that come for weeks and even months to enjoy the beaches.  These out of state drivers are not familiar with the horribly designed roads and how to get from one side to the other when there is no traffic light.  Most accidents result in no injuries, but like this one there are times when the accidents are deadly.

The South Carolina Highway Patrol’s MAIT Team will put together an accident report that will detail the events of the accident.  It will take weeks for this report to be generated.  The troopers drafting the report usually do a very thorough job in determine the cause of the accident.  Witnesses are interview, vehicles are examined and the location to surveyed. Wedge could face some serious charges if she is found to have caused the accident.  The motorcycle riders were not wearing their helmets, but in this case it may not have mattered because initial reports show that the riders were injured from burns.  Horry County Fire Rescue reported that a fire started at the scene.  It is unclear how the fire started.  One biker was airlifted to the August Burn Center to receive treatment.  Hopefully this biker will make a full recovery from this accident.  The other motorcycle rider passed away at Grand Strand Regional Hospital.  This hospital was upgraded earlier this year to a level II Trauma facility.  The Level II designation requires all major surgeons to be on call for emergency services.

Our personal injury attorneys in Myrtle Beach, SC have experience representing motorcycle riders that have been injured in the Grand Strand area.  Our personal injury attorneys in Myrtle Beach have also sadly represented families who have had to experience the wrongful death of someone in their family.