Law & Society

Since its invention in 1952 as safety cushion for automotive use, airbags have evolved into a mandatory vehicle safety device with federally imposed safety standards. In case of collisions or accidents, airbags were designed to deploy to prevent vehicle occupants from getting seriously injured. Since its invention in 1952 as safety cushion for automotive use, airbags have evolved into a mandatory vehicle safety device with federally imposed safety standards. In case of collisions or accidents, airbags were designed to deploy to prevent vehicle occupants from getting seriously injured.

To date, while airbags have certainly proven to be effective -- the National Highway Traffic Safety Administration (NHTSA) has pegged that it has saved 28,000 lives since Jan. 1, 2009, airbag accidents can also cause injuries.

Inadvertent airbag deployment, failure to deploy during crashes, and explosive airbags can cause injury or death instead of avoiding it. Further, the NHTSA has also discovered that aftermarket equipment such as laptop computers or mini-TVs that are mounted to the panel in front of the airbag deployment site can turn into projectiles and cause moderate or serious injury.
Most airbag accident injuries include the following:

• Skin abrasion
• Hearing damage (from extremely loud deployment explosion)
• Head injuries
• Eye damage
• Broken nose
• Broken fingers
• Broken arms and hands
• Broken ribs
• Facial lacerations

Also, since airbags are inflated using hot gas, these may cause thermal burns upon skin contact. Most airbag injury burns are deep-dermal or second degree burns that are often located on the occupant’s arms, face, and chest.

Further, airbag accident injuries have proven to be fatal, especially for children and short and elderly persons. From 1990-2008, more than 290 deaths were caused by frontal airbags more than 90 percent of whom were children and infants, because they were unbelted or had their heads close to the deploying airbag.

Side airbags also had their fair share of injuries as the NHTSA has reported that from 1995-2008, four people were seriously injured by it. One was an elderly male driver suffered multiple rib fractures, and 2 middle-age female drivers who suffered injuries to the spleen and ribs. An unrestrained 3-year old sitting in the front seat also reportedly suffered minor facial skin lacerations from the side airbag cover.

To prevent airbag injuries, here are some safety tips to take note of:

• Drivers should sit with their chests at least 10 inches away from the center of the steering wheel to avoid being too close to the airbag in case it deploys.
• Pregnant women should avoid driving as much as possible. If ever, a combination of properly positioned safety belts and air bags would offer the best protection.
• Infants and children in rear-facing safety seats should never sit in front to avoid putting their heads too close to the frontal airbags. Proper belting and positioning of your child is important to keeping him safe.
• Children should avoid leaning against door areas where the airbag is stored because the force of its deployment can be harmful. Children should not be allowed to lean against a door or lie down with the heads near the door or the sides.

Should all these reminders fail and you or a loved one sustained airbag accident injuries, it is likely that there is a defect that may have caused your car’s airbags to be more harmful than helpful. Consult with a car accident attorney to find out possible remedies to your injuries.

Personal injury claims now gain wider exposure than ever before, yet many people are still unaware of when they may have a rightful claim for compensation.

Here are just some of the occasions when it might be possible to put in a claim:

Accidents and injuries at work

We've all seen the ads, but accidents in the workplace go beyond faulty ladders and wet floors. If an accident of any kind in the workplaces leaves you injured, resulting in a loss of earnings or an inability to work, then you could be entitled to compensation.

Asbestos-related illnesses

If you've previously been exposed to asbestos and now suffer from a related illness, such as Asbestosis or Mesothelioma, then you should seek advice on claiming.

Injured by defective products or appliances

Whether it's happened to you or your children, an injury caused by fault products - maybe toys or curling tongs - could be worth legally pursuing.

Injuries occurred on holiday

If you're on holiday abroad and fall due to poor flooring in your hotel, suffer food-poisoning or get injured on the way to your destination, then it's worth speaking to an expert about your right to claim.

Injured in a car accident

Unfortunately, car accidents are extremely common and many people are injured as a result every year. No matter what your injury, you may be entitled to compensation for the loss of earnings or long-term problems it could have caused.

Operations that went wrong

If you've been left worse-off as a result of surgery or another procedure or something went wrong, then you be able to claim for medical negligence.

Injured in public

If broken footpaths, wet supermarket floors or any other hazard in the outside world has led to an accident and injury, or damaged your belongings - such as a mobile phone or camera - then you are entitled to claim.

Victims of crime

If you have suffered physical or psychology problems as a result of a crime you were the victim of, then you may be able to claim - even if the offender is never caught.

There are many traumatic injuries which regularly occur in shipyards. However, more "routine" type injuries also occur. Many of the injuries shipyard workers suffer are due to repetitive trauma or repetitive motion. From lifting, to welding, to ship fitting, to reaching to bending to stooping - - these type of injuries are disabling. Many workers "work through the pain" because they need to feed their families and can not afford to miss time from work.

Cumulative trauma injuries occur over time. For example, a chipper's hands may develop carpel-tunnel syndrome due to the repetitive movement of the chipping gun. Or a shipfitter may gradually suffer hearing loss due to exposure to load noise below decks. Cumulative back strains can cause long-term disability. These may technically be successive injuries or repetitive trauma.

If the disease or injury arises due to working in the shipyard, on the waterfront, in harbors or as Longshoreman; then it may be found to be compensable under the Longshore Act.

The following are examples of cumulative trauma injuries which are most likely compensable under the Longshore Act:

"I work overhead for hours on end and the top of my shoulder starts stinging and getting numb after 3-4 hours."

"I start feeling numbness in my left knee after having to climb ship board ladders all day. I have difficulty finishing the shift. I am popping over the counter pain medication to make through the work day."

"I injured my back for the first time when I fell into an uncovered whole in the early 90's. My back has been getting worse and worse since then. Two weeks ago I was lifting a bracket and a felt a stabbing pain in the same part of my back."

"I have been using a chipping gun for over 15 years. My hands have been getting numb on me for the last few years."

"I try and wear hearing protection, but I have to take them out sometimes just to hear the supervisor. Even with the ear plugs it is very loud in the spaces where I work. Lately I've had to turn the television up louder and louder and my wife and kids are on me about it."

"I have been dropping my welding torch for the last few years. My hand doesn't have the strength it used to have. It hurts to grip the torch sometimes."

"My back has gotten to the point that I can barely bend over. I have this tightness in my low back whenever I have to go up and down shipboard ladders with my tools."

All of the foregoing shipyard injury scenarios may be termed cumulative trauma type injuries. If you or a family member has a "sore knee," "sore back," "sore elbow" or the like; be sure to contact a good experienced Longshore Act Lawyer.

Always tell the truth regarding your shipyard injury claim. Whenever you go into court asking for money your credibility is always at issue. Don't fudge or exaggerate your claim or injuries. You only have one case and you don't get any "do-overs." Don't risk losing your case - - always tell the truth.