Category: Birmingham

Sep 18, 2013 - Birmingham by Cross & Smith

It is an exciting time to be a college football fan in the State of Alabama and as fans we look forward to watching our favorite team play on TV but we especially look forward to the games we actually attend. For some fans their tailgate party is more of a small gathering of friends and family, while for others it is the social team party of the century. These game day celebrations often include alcohol, and unfortunately statistics reflect a substantial increase in drinking and driving accidents on football game days. Several college football teams will play their first home game of the season this Saturday, including Alabama (vs. Colorado State University) and we here at Cross and Smith, LLC are encouraging all college football fans that if they choose to drink alcohol, that they drink responsibly, designate a sober driver, get a cab, use public transportation or contact a friend or family member to ensure they get home safely and without being a danger to others on the road. All fans need to be made aware that, if they drink and drive and cause an accident, not only can they can face criminal charges but they can be sued for damages suffered by anyone that was injured as a result of the accident.

Sep 17, 2013 - Birmingham by Cross & Smith

The first case in a series of multidistrict transvaginal mesh lawsuits against the manufacturer C.R. Bard did not go as the company had hoped. As a result, the health care products manufacturer intends to appeal, knowing full well that such a judgment sets the tone for the flood of future cases that are waiting in the pipeline. However, a federal judge has denied a motion from the defendant Bard to stay or hold the other pending cases while this one works its way through the appellate process. In the case of Cisson v. C.R. Bard, the jury sided with the plaintiff, awarding her $250,000 in compensatory damages and $1.75 million in punitive damages.

Sep 11, 2013 - Birmingham by Cross & Smith

With the Fall season right upon us, we look forward to all the different State Fairs coming to town. Along with all the great food and prizes to be won, we also need to be reminded of the potential dangers of the amusement rides. Just this past weekend at a fair in Connecticut, 18 people including 12 children were injured after one of the amusement rides malfunctioned. The incident is currently under investigation as to the cause of the malfunction and the police are looking into whether the owner of the ride has been cited for any prior safety violations. Owners and operators of state fairs and/or amusement parks have a legal responsibility to ensure the safety of the riders and the visitors to their park. That includes ensuring the property and their attractions are properly maintained and kept in a reasonably safe condition. Although each incident may have different circumstances, legal responsibility for injuries incurred by the riders could rest on the amusement park owner, the ride designer or manufacturer, the ride operator and/or a ride owner. Among the potential claims made against these types of defendants are including, but not limited to, wrongful death, negligence, premise liability and/or defective product claims all of which our attorneys at Cross and Smith, LLC handle.

Sep 10, 2013 - Birmingham by Cross & Smith

A horrible tragedy unfolded recently when a traffic accident in Birmingham claimed the lives of an elderly couple on Highway 280. Authorities say the senior driver, in a passenger vehicle, pulled in front of a semi-truck and was subsequently struck. Although the crash is still under investigation, it’s an awful reminder of how quickly an ill-fated, snap-second judgment can change everything. It’s especially important for older drivers to offer up an honest analysis of their own driving abilities, particularly in terms of sight and reaction time.

Sep 2, 2013 - Birmingham by Cross & Smith

A recent report by the National Safety Council indicates that while Labor Day marked the close of a period known as the 100 deadliest days for teens on the road, these issues don’t stop being a concern just because class is back in session. Rather, awareness and prevention of teen roadway fatalities should be a year-round priority. It’s estimated that some 1,500 young driver-related crashes occur from Memorial Day to Labor Day. Because parents recognize this as a particularly dangerous time, they practice a kind of hyper-vigilance in ensuring their teens are following safe driving practices. But as this tragedy reveals, our vigilance can’t stop there.

Aug 26, 2013 - Birmingham by Cross & Smith

Her identity was concealed, but she hoped to bring the truth to light. Reporters at WKRG News 5 in Mobile interviewed a nursing home staffer recently who revealed the too-often silent horrors of the industry, including patients with infected bed sores so severe their tailbones were exposed. Though the account was given anonymously, our Birmingham nursing home neglect lawyers have learned that a new report lends credence to these tales of woe, with Alabama earning a state grade ranking of “D” when it comes to quality of nursing home care.

Aug 18, 2013 - Birmingham by Cross & Smith

A recent scene on I-65 in Birmingham, just south of Chilton County Road 59 caused traffic to grind to a halt, as a trailer hauling some 20 cows overturned. It was nearly three hours before officials could get things moving again. Our Birmingham personal injury attorneys understand that farm equipment traveling on the roadways can create a dangerous condition. Although thankfully no one was seriously hurt in this most recent incident, 2007 study published in the Journal of Rural Health revealed that there are a number of factors that contribute to increased injuries and fatalities when crashes involve farm equipment.

Aug 15, 2013 - Birmingham by Cross & Smith

With the start of the new school year comes the beginning of school-sponsored sports — something in which Alabama students, coaches and parents take great pride. However, our Birmingham personal injury lawyers know that such activities sometimes come at an enormous risk to the students involved, particularly if all precautions aren’t taken prior to the start of the season. While some states like Illinois are just now beginning to kick off discussions about insurance for student athletes who may incur catastrophic injuries, it is already required in Alabama by both the Alabama Independent School Association and the Alabama High School Athletic Association, with coverage capped at $1 million.

Aug 12, 2013 - Birmingham by Cross & Smith

Our Birmingham personal injury lawyers handle cases involving Alabama ATV crashes. The U.S. Consumer Product Safety Commission reports that there have been nearly 300 ATV-related deaths in Alabama from 1982 through 2011. Nearly a third of those occurred within the last three years of that time frame, and 80 were children under the age of 16. There is no state agency that regulates ATVs. The state is one of only four in the country with no ATV laws. That almost changed in 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/, but the effort sputtered out. The only formal restriction is that ATV’s may not be driven on sand dunes or on beaches along the Gulf of Mexico. Still, even in states that have stricter laws, sometimes it’s not enough to prevent tragedy.

Aug 7, 2013 - Birmingham by Cross & Smith

Kevin Pearce was a skilled snowboarder. So skilled, in fact, it was believed he stood a strong chance to claim the Olympic gold medal from Shaun White, recognized to be the reigning king of the sport. But our Birmingham brain injury lawyers know that was before a training run crash in Park City, Utah on Dec. 31, 2009. He suffered massive trauma to his body, and his brain. He lapsed into a coma. Some thought he might die. He survived, but he emerged a different athlete, and a different person.