Blog Posts in November, 2011

  • Missouri uninsured motorist insurance for falling objects

    || 26-Nov-2011

    Under Missouri law, if you have auto liability coverage than you also have, at a minimum, $25,000 in Missouri uninsured motorist coverage. An uninsured motorist is a driver with no insurance, but also an unidentified negligent driver is also considered an uninsured motorist. Examples are hit and run drivers or sometimes where a object hits your vehicle while on the highway. Such as a piece of ...
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  • Generally speaking, corrective measures taken by defendant after a personal injury are inadmissible to prove fault. However, in Missouri product liability personal injury cases, it is much easier to get subsequent remedial measures into evidence. For example, was the product flaw corrected and do the subsequent models sold have that correction? Those corrections or modifications can be used as ...
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  • Missouri law would extend worker's comp to occupational diseases; co-worker liability limited

    || 19-Nov-2011

    SB 8 passed the Missouri Senate. This bill would protect employees from being sued by a coworker for work place accidents and would require occupational diseases to be covered by workers' compensation. The companion House bill, HB 162 is in the Senate Judiciary Committee. SB 188 passed the Senate and has been referred to the House. It companion bill, HB 205, is in referral to the Senate ...
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  • Missouri pharmacist liability

    || 16-Nov-2011

    Clearly, a pharmacist is responsible for filling the correct medication, that is the main purpose of their job. Missouri State Statute 195.060.1, is very clear on what information is required to be documented on the prescription label. Not only are pharmacies required to have the patients basic vitals, such as: name, address, etc., but also the drug name, strength, dosage directions, among other ...
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  • Missouri government entity premises liability

    || 13-Nov-2011

    Under Missouri tort law, government entities have sovereign immunity from lawsuits except for certain exceptions and the MO personal injury damages are capped per Missouri statute. In order to sue a government entity in Missouri for injury or death in premise cases, the personal injury attorney, on behalf of the injured victim, must prove the dangerous condition exception to sovereign immunity. ...
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  • Anatomy of neck injuries from auto accidents

    || 10-Nov-2011

    Missouri auto accidents are responsible for thousands of neck injuries every year. Neck injuries are one of the most common injuries sustained in an automobile accident. When seated in an automobile, the neck and head have little support when subjected to the forces of an accident. While a seatbelt provides limited protection, the head and neck are able to whip forward, backward, and side-to-side, ...
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  • Negligent driver not entitled to judgment reduction for med mal settlement

    || 9-Nov-2011

    Automobile tort defendant not entitled to a reduction of judgment amount under § 537.060 for settlement paid by doctor on malpractice claim for treating injuries arising out the same accident. Gibson v. City of St. Louis, et al., No. 95949 (Mo. App. E.D., September 20, 2011), Crane, J. Plaintiff was involved in a one-car automobile accident caused by ice on the roadway; Plaintiff sustained a ...
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  • Missouri drivers second worst in the nation

    || 8-Nov-2011

    A website that provides car insurance rates has conducted a survey of which U.S. states have the safest and most dangerous roadways. The results are not good for Missouri residents; the study claims that drivers in the state are the second-worst in the country. The website collected data on car accident fatalities, tickets for traffic violations, drunk driving and what the man who runs the website ...
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  • Premises liabilty in Missouri

    || 4-Nov-2011

    Premises liability injuries can happen almost anywhere. From broken staircases that were never repaired to unmarked slippery floors, hazardous situations that result in personal injury are the responsibility of the property owner. Property owners are required by law to maintain safe conditions for visitors to their premises. This includes warning visitors about dangerous conditions and resolving ...
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  • Missouri "Seat Belt Defense" in auto accident cases

    || 1-Nov-2011

    If you are injured in a car accident in Missouri and another driver was at fault, you are entitled to compensation. But what happens if you were not wearing your seat belt at the time of the accident, as required by Missouri law? Everyone knows that wearing seat belts can sometimes minimize injuries in an accident--that is why they are required by law in all fifty states. What is the "seat ...
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