Arkansas Injury Lawyer Blog

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These fatalities happen because a driver chooses to drive while intoxicated.   A senseless, avoidable act.

Research tells us that an average person will metabolize one 12-ounce beer and one 5-ounce glass of wine  in one hour.   According to the Centers for Disease Control and Prevention, each day an estimated thirty fatalities occur in the United States on our roadways involving drivers who choose to drink and drive.  Tragedies caused by drinking and driving are 100% avoidable.  When a person causes an accident because he or she chooses to get behind the wheel of a vehicle while being intoxicated, that person should be held responsible for any harm they cause another person or family.  The Pfeifer Law Firm represents individuals and their families of those affected by drunk driving accidents.    If you simply have questions, feel free to call us at 501-374-4440.

Most alcohol-impaired drivers that have been involved in an accident have stated that they felt “okay to drive.”  Judgment is impaired when alcohol is involved, so a person who is planning to have drinks when they go out should have a backup plan ready to be put into place.   More alcohol-involved accidents happen on the weekends.   Two out of three people will unfortunately be involved in an accident involving a drunk driver at some point during their lives, according to studies.   That number is alarming.

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According to the Centers for Disease Control and Prevention,  approximately 4.5 million dog bite cases are reported each year.   DogsBite.Org reported in the past 11 years, 360 people in the United States were killed by dog bites.   Pit Bulls were responsible for more than half of that number, killing 232 people.   Rottweilers and Pit Bulls were responsible for three-fourths of the 360 deaths.

I represent many clients who are the victims of dog bites and dog attacks in Arkansas.   It is my hope by writing this blog that I am able to bring a little more awareness to the number of dog attacks that happen, and how innocent lives can be forever changed through no fault of their own. Knowledge is power. One of the most important things I can say on this subject is that young children should not be allowed to play with any dog without an adult present, this includes the family pet.   Studies show that over 50% of bites happen at home with a dog that knows the dog bite victim. Continue reading

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A Missouri jury awarded $72 million to a family who lost their loved one to ovarian cancer at age 62. The cancer was linked to her many years of using Johnson & Johnson’s talc-based Baby Powder and Shower to Shower for feminine hygiene care. Johnson & Johnson did not warn its consumers that their talc-based products may cause cancer. The evidence presented at trial showed that the company knew of the risk of their cancer-causing products as far back as the 1980s and lied to its consumers by withholding that information.

The Missouri jury sat through a three-week trial and deliberated four hours, and ultimately found that Johnson & Johnson was liable for negligence, fraud, and conspiracy.    The case style is Hogans, et al v Johnson & Johnson, et al, filed in the Circuit Court of the City of St. Louis, Missouri, Case Number 1422-CC09012.

Approximately one thousand cases have reportedly been filed in a state court in Missouri and approximately two hundred cases have been filed in New Jersey. Many other lawsuits involving talc are expected this year.

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I recently read a news account of a Tennessee couple that delivered a healthy baby boy at the University Medical Center in Lebanon, Tennessee.   While in the hospital, one day after his birth, a nurse encouraged the mother to put her newborn in the nursery so she could get some rest. Later, a nurse entered the room and began talking to the parents about the care the baby would need at home following the the procedure that had just been performed.  They were horrified to learn that a doctor had asked for the wrong baby – their baby – and the doctor performed a frenulectomy on their perfect and healthy baby boy.   This procedure involved clipping the underneath skin of the baby’s tongue.  One of the reasons this procedure is usually done is because the skin under a baby’s tongue is too tight and makes nursing difficult or impossible.  This was not the case for their baby.  The newborn was nursing and feeding well.   The doctor admitted his mistake to the family.   Some patients having this procedure may have complications down the road or may need speech therapy.

A recent study found that from 2010 to 2011 in Pennsylvania, wrong-site procedures, which are procedures performed on the wrong body part, wrong patient, wrong side, or the wrong procedure altogether, were reported to have occurred one time for every 63,603 procedures performed.  A study reported 84 percent of orthopedic claims involving wrong sites resulted in malpractice monetary awards to the patient. Continue reading

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With New Year’s Eve approaching, all of us at the Pfeifer Law Firm encourage drivers to phone a friend or a cab company before getting behind the wheel of a car if you’ve had a drink.  Plan ahead before you go out for the evening and line up a designated driver or call a cab if you plan to drink.  There will be many late-night drivers on the roadways leaving parties and driving tired.    Keep yourself and others safe by calling a friend or a cab if you’ve been drinking or just feel too tired to drive.    Here are a few cab company numbers that you can program into your phone before heading out for the evening:

Yellow Cab
(501) 222-2222

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A deadly charter bus crash on the interstate recently took the lives of six people and injured several more in North Little Rock.   The charter bus was traveling from Michigan to Texas when the crash occurred.     It happened around 1:00 a.m. this morning on Interstate 40 in North Little Rock.    The bus reportedly left the roadway and hit the North Hills overpass.    There were 22 people on board the bus at the time of the accident.   Six individuals were pronounced dead at the scene and six individuals were treated at local hospitals.

State Police found that the charter bus collided with one of the barriers on North Hills and proceeded to travel a few hundred feet more before stopping on Interstate 40.     Because the individuals on board were traveling from Michigan to Texas, the Red Cross has stepped in to provide shelter to those on board.    The NTSB (National Transportation Safety Board) is also conducting an investigation of the facts surrounding this horrific interstate accident. Continue reading

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Did you know that a driver makes 200 or more decisions for each mile traveled? This information was reported by OSHA, the Occupational Safety and Health Administration. That is a lot of decisions to be made, and quick CORRECT responses require the driver to be paying attention at all times. Research shows that distracted driving is responsible for 80% of wrecks and 65% of near-wrecks. The most common distractions include:

• Talking on a cell phone
• Texting
• Reaching for something inside the car while driving
• Makeup application
• Focusing attention on an outside object as you pass by
• Reading in the vehicle

Texting while driving is blamed for 1,600,000 car accidents a year. Perception is that adults are more likely to text while behind the wheel than teenagers, but regardless of who is texting and driving, this behavior is dangerous and potentially deadly. A study revealed that texting while driving a vehicle is more dangerous than driving drunk, SIX times more dangerous.

In an effort to cut down on distracted driving, some states require that you use a Bluetooth device or speakerphone. Hands-free devices help in the effort, but it cannot prevent cognitive distractions. A driver needs to be paying attention, visually and mentally, at all times.

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We all love fireworks and hotdogs, however, the reason we are celebrating and the courage of the founding fathers should not be forgotten. So here it is taken from the National Archives Website.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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Arkansas dog bite law states that an owner or a person having custody of a dog has a duty to use ordinary care to keep his/her animals from running at large when he/she knows or reasonably should know that such animals are likely to cause injury or damage to others. Arkansas Model Jury Instruction 1601. Further, a person who keeps a domestic animal with knowledge of its dangerous tendencies does so at his/her risk and is liable for injuries and damage caused by the animal. Arkansas Model Jury Instruction 1602.

Against this backdrop, and pursuant to the plain language of these accepted Arkansas jury instructions, an owner and/or a person in custody of a dog may be held liable for injuries caused by an animal. This liability can be twofold. First, an owner or custodian may be held liable under a theory of strict liability for injuries inflicted on a plaintiff if (1) the animal was of a vicious species; or (2) the animal, although domesticated, had dangerous tendencies which were known to the owner. However, an owner or custodian need not have actual knowledge of an animal’s dangerous tendencies or propensities. Notice may be actual or constructive.

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Medical malpractice is defined as:

In treating a patient, a medical care provider must possess and apply with reasonable care the degree of skill and learning ordinarily possessed and used by members of his/her profession in good standing, engaged in the same type of service or specialty in the locality in which he/she practices, or in a similar locality. A failure to meet this standard is negligence.

Medical malpractice happens every day. Doctors and nurses make mistakes that sometimes result in devastating outcomes. A few primary types of medical malpractices cases we handle include:

Childbirth Injuries:

• Failing to anticipate complications arising from the baby being too large or complications from a tangled umbilical cord;
• Failing to properly respond to indications of fetal distress;
• Improper use of a vacuum extractor or forceps;
• Failing to perform a cesarean section when necessary.

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