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Pittsburgh Wrongful Death Law Blog

Drunk driving may see tougher standards

In the past when there has been the loss of a loved one owing to a drunk driver, the standard for presumptive insobriety has stood at .08 blood alcohol content. If a federal safety board has its way, however, the driver buzzed at .05 blood alcohol level may be facing responsibility for a wrongful death.

More than 100 countries have adopted the .05 alcohol content standard or lower, according to a report by the National Transportation Safety Board. Furthermore, the staff opines that the tougher measure is saving lives abroad

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The devil may be in the details of a products liability case

When the plaintiff was injured as he veered off the roadway and smashed into tree, he felt that his seat belt restraint and airbag system had tragically failed him. Following through, he and his attorneys filed a suit against Ford Motor Company alleging, among other things, negligence, strict liability and lack of fitness for a particular use.

But as the plaintiff was too soon to find out, it's not only the merits of a products liability case that wins the day at the courthouse. You really must cross all the T's and dot all the I's -- and make sure it all gets done in time.

Restaurant learns not to 'over-serve' patrons

For sure, a restaurant worker may shrug and laugh at the tipsy customer he or she has "over-served" with liquor, but the smile can quickly vanish when the amusing incident terminates in a tragic wrongful death.

That certainly was the case in the recent episode that forever marred a popular German-style restaurant on the south side of Pittsburgh. In this aggravated case, a male patron allegedly guzzled at least six liters of beer while simultaneously being served up several shots of hard liquor over about four hours.

Pennsylvania worker claims lung cancer caused by asbestos contact

A worker who claims his lung cancer diagnosis is related to his longtime work with asbestos-containing products filed a mass tort complaint in Pennsylvania court on April 26th. The lawsuit names 17 different companies where exposure to asbestos supposedly took place.

The worker's different occupations have included time spent in Pennsylvania as a laborer. He has also worked in the automobile industry, and he performed naval work during the early 1960s. The companies he worked for include a number of pump manufacturers, an electrical company and work for a systems manufacturer. All of these companies have been named in the complaint prepared by his attorney and presumably involved the use of asbestos.

General Motors and Buick sued in products liability case

General Motors and Buick are being sued in Pennsylvania regarding the fatal injuries sustained by a man following what was described as a low impact intersection accident. The products liability lawsuit filed in a Pennsylvania court accuses the manufacturer of failing to design a vehicle that was capable of a "reasonable degree of restraint" that would reduce the risk for individuals involved in side impact collisions.

The deceased man appears to have been driving his Buick late one afternoon when it was struck on the driver's side of the vehicle. It is asserted that the driver of the Buick was wearing his seatbelt at the time of the accident and that the side air bag did deploy. Nevertheless, it is maintained that the driver suffered head and brain injuries including a fractured skull, and that after close to a month of hospitalization he then died of his injuries.

Pennsylvania man accidentally shot and killed by deer hunter

We hear about these type of stories every autumn in rural Pennsylvania areas: a person is mistaken for a deer by a hunter and is accidentally shot. Such an incident is alleged to have caused the death of a 52-year old Pennsylvania man, and this is now the subject of a wrongful death lawsuit.

The defendant in this case just happens to be a convicted felon that was not supposed to have been in possession of a firearm at the time that the accident occurred. The deceased man's widow brought this case against the hunter charging that the hunter had acted carelessly and recklessly in actions that led to the death of her husband. She also named other individuals into the lawsuit - at least one of which was in the hunting party and was claimed did not act quickly to seek medical assistance for the deceased man.

Pennsylvania worker killed in wood chipper accident

A Pennsylvania man died while on the job as a result of a wood chipper accident. The men were doing tree work while using the wood chipper. It was reported that a steel braided cable that was used to pull tree limbs somehow became caught up in the wood chipper, and that a portion of the steel cable sheared off and was then sent hurling from the machine.

The steel cable portion then struck two of the workers. One was injured in this work-related accident as a result of being struck while the other was killed.

Pennsylvania house bill aimed to limit asbestos lawsuits

The Pennsylvania House Judiciary Committee listened to arguments concerning the passing of House Bill 1150. The bill is called the Fairness in Claims and Transparency Act, and it is intended to address a supposed loophole when it comes to trying of asbestos-related lawsuits in our state.

The bill is intended on requiring plaintiffs in asbestos lawsuits to disclose all claims that they have filed concerning bankruptcy trust funds set up by asbestos manufacturers. A similar federal measure is also being debated, but certain states such as Pennsylvania are going ahead and trying to pass their own bills - regardless of what happens in Congress.

Expert testimony used in products liability cases

A products liability lawsuit was filed in Pennsylvania that concerns a framing nailer. A man using the device claimed that a pneumatic injection of high-pressured gas was forced under his right thumbnail. It was further alleged that no instructions or warnings were included with the device that would have warned users that such a possibility existed.

There was a certain amount of controversy in this matter in that the manufacturer of the nailer objected to the use of certain expert testimony in this matter. The expert apparently will testify that an alternate design could have eliminated the risks of such injuries occurring. The judge denied the manufacturer's motion to have the testimony excluded by stating that the expert's testimony was based upon a "reliable process."

Wrongful death suit to be tried in Pennsylvania federal court

A woman filed a wrongful death lawsuit after her father died while working on a gas rig platform in central Pennsylvania. Though the woman had originally filed the claim in state court in Pennsylvania, it has since been moved to Pennsylvania federal court due to procedural requirements.

The lawsuit has named a variety of defendants. The complaint alleges negligence and reckless disregard on the behalf of these defendants. However, since the daughter lives out of state and the defendants are also located in a number of other states as well, it was decided by the judge in this matter that federal court would be the most appropriate jurisdiction to hear the case.

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