The Associated Press carries news of a ruling that could have a major impact on personal injury lawsuits.

The Wisconsin Supreme Ruled that cheerleading is a contact sport, which means that participants cannot be sued for accidental injuries. From the article:

"The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district."

The ruling stems from a lawsuit brought by a teenager that injured her shoulder when a spotter failed to catch her during an aerial stunt.

Cheerleading injuries have received lots of news lately, and for good reason:

"Researchers at the University of North Carolina have found that two-thirds of the roughly 100 cases of “catastrophic” sports injuries among high school girls since 1982 have involved cheerleading.

More than 95,000 female students and 2,100 male students take part in high school cheerleading every year, according to the North Carolina researchers."

The growth of cheerleading, and the increasing complexity of their routines, stunts and throws, has lead to increased popularity and exposure - national high school and college finals are aired on ESPN. However, the AP reports that the athletic regulating bodies in few states include cheerleading.

While the ruling does define cheerleading as a contact sport, it appears to leave the door open for personal injury lawsuits in cases of negligence.

The Knoxville News-Sentinel today has an interesting story on how the Tennessee Valley Authority handled communications in the moments after holding pond levees broke and sent 5.4 million cubic yards of fly ash, a toxic byproduct of coal combustion, into the surrounding areas of Roane County, Tennessee.

The story states: 

"The Tennessee Valley Authority didn’t use a mandated command structure for interagency disaster response at the Kingston Fossil Plant’s fly ash spill, making coordination with local emergency personnel an ad hoc affair for the first couple of days following the disaster, according to Roane County’s top emergency responder."

This revelation could have a big impact on the class action lawsuits that are being filed by area residents whose homes, property values, personal belongings and possibly even health have been affected by the spill.

As we mentioned in our last post about airline crash landings, personal injury and liability, one factor that may play an important role in a personal injury case is negligence. TVA’s procedures, protocol and response will all be examined closely to see if there was negligence on the part of the agency as residents - and, later, juries - examine the personal injury lawsuits.

The tale of US Airways Flight 1549 is nothing short of amazing. From engine-jamming geese to the harrowing water-landing, this was one full flight.

Thankfully, the passengers and crew all survived. But almost as soon as everyone was back on land safely, some commentators began raising the question of whether personal injury lawsuits would be filed.

In December, at Denver International Airport, a Continental Airlines flight veered off the runway as it was trying to take flight. Although none were killed, 38 passengers were injured. The Aero-News Network is reporting that the first personal injury lawsuits against the pilot were recently filed.

The two passengers filling the lawsuit claim negligence on the part of the pilot.  When asked if similar claims could be made about the pilots of US Airways Flight 1549, many commentators said they didn’t think such claims would hold water.

The problem with such lawsuits, according to Brooklyn Law School tort professor Aaron Twerski, as quoted in the New York Times, is there may be no indication of negligence.

The passengers of Flight 1549 may very well have suffered emotional distress, but proving that the pilot, crew or airline caused the distress through negligence may be a tough sell. Since it is impossible to sue the birds, there may be no cases to be won in this particular situation. But that doesn’t mean some lawyers and wont’ try.

Total Injury posted some information about the first round of lawsuits to come against Chinese milk producers whose products were contamined with high levels of melamine, "a toxic chemical illegally added to dairy products to give the false appearance of high protein counts."

The first lawsuits involved high ranking officials in the milk companies. The New York Times reports that lawyers are now bringing a class action suit on behalf of the families of children injured or killed by the milk. The suit was filed in the Supreme People’s Court in Beijing against 22 dairy producers.

There are two fascinating items in the New York Times piece. First, they report that lawsuits such as this, with multiple plaintiffs, are rare in China. They are discouraged by the government, and an earlier claim brought against the dairy manufacturers was rejected by a lower court.

Secondly, the families filling the lawsuit have rejected money already offered by the dairy producers. The current suit seeks compensation totalling $5.2 million, with payments varying depending upong the injury suffered by the children. The milk producers originally offered far less, with some payouts being as low as $300 for an injured.

Patriotism is high this week as a new president is inaugurated, but looking at this case is a nice reminder of the freedoms America offers its citizens, such as the right to seek legal recourse if you’ve received a personal injury.

Pharmaceutical manufacturer Eli Lilly agreed to a $1.4 billion settlement of charges that it illegally marketed an antipsycotic drug.

The billion-dollar settlement comes as some experts were predicting a downward trend for these jury awards. In 2008, there were no billion-dollar jury awards. This is due in part to a 2003 Supreme Court ruling that essentially capped punitive damages at 10-times the amount of actual damages.

But the Eli Lilly case already gives 2009 a billion-dollar settlement only a few weeks into the new year. The case revolves around Zyprexa and the FDA’s approval of the drug for use only in certain circumstances. The FDA did not approve the drug for use by children, elderly or patients who had trouble sleeping.

But so called "off-label" marketing practices - promoting the drug for use in non-approved scenarios - led to the lawsuit.

Read more about pharmaceutical and defective drug personal injury lawsuits.

The Ocala Star-Banner has a nice profile of Tammy Kimball and her personal injury lawsuit.

According to the paper "Kimball was involved in a horrible car accident that left her with permanent scars, chronic arthritis and the inability to complete such routine tasks as running, gardening or climbing the stairs while holding her 4-month-old grandson."

The jury awarded Kimball $2.7 million, but she said the figure didn’t matter.

"These people validated everything I went through. It’s not about the money … if there was no money involved, I could still get on with my life, because somebody said I got hurt, I suffered."

The story has some other nice quotes, from Kimball’s attorney and other local personal injury attorneys, that provide nice insight into the process of awarding of determining the appropriate payout to a victim.

From the article:

Randy Briggs, an Ocala accident victim attorney for the past 25 years, said only in extremely rare cases do judges decide to reduce the amount awarded by juries.

"Juries almost always get it right," he said. "They take their responsibilities extremely seriously. It’s the highest calling they’ll have in their lifetime in participating in our form of government where they participate in a decision that’s going to have a profound impact on other people."

You can read the full story at Ocala.com.

An attorney helped Tammy Kimball find vindication. Speak with an attorney about your personal injury today.

Anti-psychotic drugs that are commonly prescribed to Alzheimer’s patients to control hallucinations and calm aggression may actually increase the patient’s chance of dying within a few years, says a new study published Friday in the Lancet Neurology medical journal.

”For the vast majority of Alzheimer’s patients, taking these drugs is probably not a worthwhile risk,” Clive Ballard, the paper’s lead author told The New York Times.

”Would I want to take a drug that slightly reduced my aggression but doubled my risk of dying? I’m not sure I would,” Ballard continued.

The research was published Friday in the medical journal, Lancet Neurology. Read the full NYT article.

Get information about defective drugs and filing a defective drug lawsuit.

Accumulations of ice and snow on public roads, sidewalks and private property can create dangerous conditions and serious slip and fall injuries.

Property owners can sometimes be held liable for slip and fall injuries; however, standards of liability for these injuries are different depending on whether the property is owned by a state government, local government or private landowner.

Slip and Fall Accidents on Private Property

Owners of private property must not willingly or wantonly engage in misconduct that could injure a trespasser. Beyond that standard, private landowners generally have no duty of care to trespassers.

Private property owners have a higher duty of care to social guests, must correct problems or defects if they are aware of them and must warn guests of known dangers that could cause injuries.

Slip and Fall Accidents on a Private Property Used as a Business

When a private property is used as a business, the property owner must keep the property safe by finding and repairing defects that could cause harm or injuries to visitors. 

The business property owner is generally liable for injuries to visitors even if the property owner was unaware of the danger if reasonable care would have made the property owner aware of the defect or dangerous condition.

These standards mean that if snow and ice accumulates on property and a visitor sustains a slip and fall injury, private property owners could be found responsible for the injury.

Slip and Fall Accidents on Government Property

If a person sustains a slip and fall injury due to snow or ice on government owned property, the issue of liability is more complex.

Government entities are often protected by sovereign immunity, which prevents an injured person from suing for damages. However, there are limited exceptions to this immunity. 

If an injury occurs on a government-controlled roadway, property or sidewalk due to a dangerous condition or defect of the property, the government’s immunity may be defeated.

However, dangerous conditions such as an accumulation of snow or ice are not considered a condition or defect of the property; therefore, the government’s immunity generally remains intact.

Have you been injured from a nasty slip and fall? Need a lawyer? All you have to do is fill out this 2-minute free case evaluation form and we’ll get you connected to a local personal injury lawyer.

Madison Hobley, an exonerated death-row inmate who sued the City of Chicago because police allegedly tortured him into making a fake murder confession, is finally allowed to collect his $6.5 million personal injury settlement.

Hobley had been sentenced to death for a 1987 fire that killed his wife, son and five other people.

He contended he was tortured by Chicago police into making a fake confession and later sued the city for that illegal conduct.

In 2003, he was pardoned and freed by former Illinois Gov. George Ryan.

Hobley initially received $1 million and was scheduled to receive $6.5 million more if he wasn’t indicted in a new investigation by Jan. 3, 2009.

The case was reopened in 2007. Officials say Hobley hasn’t been indicted in the case but would not give further details to reporters.

Hobley’s personal injury lawyer said he’s confident Hobley won’t be indicted. Hobley now lives in North Carolina.

Read about other personal injury awards and settlements

Recent Dog Bite Story: Woman Develops RSD After Being Bitten By Dog

A Florida woman was minding her business on her own property when a neighbor’s dog suddenly attacked her and bit her arm. The dog bite was severe enough to brake her skin and cause bleeding.

She did the right thing and went to the hospital to get the wound checked out. After seeing a doctor, she was told that the wound was not severe enough to require stitches and was sent home.

Within a few days, she developed a serious infection. She also experienced severe burning pain at the wound site and noticed abnormal hair growth on the arm. She also saw color changes in her arm and her arm was at a cooler temperature than the rest of her body.

She went back to the hospital where she was told that she had developed reflex sympathetic dystrophy (RSD), which is a serious—sometimes permanent—neurological condition that’s typically caused by an injury to an arm or leg.

This story goes to show that every dog bite should be monitored carefully.

If you’re one of the millions of Americans that have suffered a severe dog bite, be sure you get proper medical care. Be sure to also demand fair compensation for your injuries. If you’ve been attacked, you shouldn’t be footed with the medical bills. Your pain and suffering also matters.

If you’re in need of a personal injury lawyer in your area, simply fill out our free personal injury case evaluation and we’ll connect you with a local attorney who may be able to help you receive compensation for your injuries.