$515,000 Settlement for Faulty Construction

Last month a settlement was reached in the amount of $515,000 in Kings County, New York on behalf of a 48 year old nurse and graduate student who slipped down a stairwell due to improperly constructed steps and handrails and a lack of lighting.

Premises liability is the liability for a landowner for certain  accidents that occur on real property. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs and/or benches. that occur on the

She suffered severe fracture to her right shoulder which required four surgeries and has caused permanent scarring, pain and disability of her shoulder.

If you or a loved one have been injured by what might be a defective condition on the property of another, contact Linton & Associates for a free consultation. We have the ability and the resources to fight for you. Let us help you find justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Alabama Premises Liability,  Faulty Constructed Stairwell, Injury on Someone's Property

Fire Alarm Company's Outrageous Conduct Proves Fatal and Costs Co. $4.6 million

It was 1:34 a.m. when a fire alarm in a California couple's home alerted monitoring company Security Associates International (SAI) that something was wrong. Over a two-way intercom, the couple frantically told an SAI representative that the house was on fire and that they were trapped inside.

Instead of calling the county fire department, the SAI representative called the county's non emergency number and reported a fire alarm - a much lower priority that a report of a house fire. The representative let the dispatcher put her on hold without expressing any urgency. The dispatcher did not return to the call for eight minutes.

Had the SAI representative properly notified authorities of the fire, multiple firefighting crews would have been dispatched for a house fire. Instead, because the report indicated an alarm only, only two firefighters were sent to the scene. The entered the house and began searching for the couple inside and a flashover explosion occurred , killing the firefighters and the couple inside.

Every second counts for firefighters and emergency personnel. As such, later investigations concluded that the delay caused by the SAI representative's failure to call the emergency number, failure to report a house fire, and willingness to stay on hold contributed to the tragic outcome.

One of the firefighters' family sued the company, Desmond v. Pinnacle Sec. CA L.P. No. C 08-20292 (CAal., Contra Costa Co. Super. Dec 23, 2010), and the company settled with the family for $4.6 million three weeks before trial.

This case put security companies on notice that they have a duty to provide accurate information quickly. As if they did not see it before, it shows them that consumers rely on the protection that they pay them for and that they deserve to have the information accurately and quickly provided so as to avoid issues such as this.

If you or a loved one have been injured as a result of the outrageous conduct of another, contact us today at Linton & Associates for a free evaluation of your claim. We are personal injury attorneys that put you first and we have the knowledge and the resources to bring your wrongdoer to justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Realities of Driver Fatigue

Driving fatigue is a cause of motor vehicle crashes that many do not consider when they think of causes of crashes. However, drivers fatigue can be just as deadly as driving under the influence of drugs or alcohol, speeding, and driving distracted. Driving fatigue is a serious issue and the monetary costs related to fatigue driving are hundreds of millions of dollars. The loss of human lives is even greater. Take the Driver Fatigue Quiz to test your knowledge of the dangers of driving while fatigued.

It never ceases to amaze us at Linton & Associates as to the lengths that many people will push to obtain greater profits. We are currently litigating a case against a commercial motor vehicle carrier that pushed their driver to break the law and kill innocent people. We have recently developed a time line of the truck drivers' trip and learned that this driver had been driving for 44 hours with only less than 4 hours of stops. This driver only stopped for fuel and never took a break. As a result of their actions, one person is dead, one is severely injured, and a family has been changed forever. Rest assured that we are going to prosecute this case to the fullest extent so that maybe, this company will choose to follow the rules in the future.

If you or someone you know has been injured due to the negligence of another, please contact Linton & Associates for a free consultation. We have the knowledge and the resources necessary to deliver justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Driver Fatigue Alabama, Driver Fatigue Test, Commercial Driver Fatigue, Commercial Vehicle Accients

Jury Awards $5,000,000 Verdit in Commercial Bus Crash

A New York County jury returned a verdict in the amount of $5,000,000 on behalf of a 48 year old advertising executive who was a passenger in a motor vehicle which was rear-ended by a commercial bus. As a result, he suffered mild traumatic brain injury.

If you or a loved on has been injured by a commercial vehicle, contact Linton & Associates for a free consultation and review of your case.

Linton & Associates has the knowledge and resources to hold the responsible parties accountable for the pain they have caused you and your family.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: New York County Jury Awards $5M, Mild Traumatic Brain Injury,

Jury Awards $11.8 Million in Drunk Driving Accident

A Maryland jury awarded more than $11.8 million last month to a man whose car was rear-ended by a repeat drunk driver in August, 2007.

Michael W. Harris, the Plaintiff, developed a painful and debilitating nerve condition as a result of the crash that has largely confined him to a wheelchair. 

On the afternoon of August 28, 2007, Harris, then working as a landscaper, was stopped at an intersection when the drunk driver hit him from behind.

The driver fled the scene, and when she was finally stopped, she failed two field sobriety tests and was booked for DUI. The woman had a long history of DUIs and was convicted of a separate DUI about a week after the Harris accident. Source: Lawyers USA Online

If you or a loved one have been injured as a result of a drunk driver contact us today at Linton & Associates. We are personal injury lawyers that put you first. We have the experience and resources to to bring the responsible party to justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death. 

Keywords:  DUI, Drunk Driving Settlement Maryland, Personal Injury

What is Reasonable to Expect From Your Car?

If you are like most people, you expect that all of the safety features that the car dealer raved about when selling you your vehicle will actually work when it is time to protect you and your loved ones during a car accident. However, many times that is not the case. Not only are there many instances where these safety devices do not work, there are many times that the actual safety device creates more harm to the occupants of the vehicle.

Crash worthiness generally can be described as looking at the technical and economic feasibility of avoiding foreseeable harm to occupants in motor vehicle collisions. 

More specifically, there are certain things that should not happen if your vehicle is involved in a motor vehicle accident. The first thing that I see most often is that a car should not blow up and burn as a result of a car crash. I know this happens in the movies frequently, but if you see that happen to a car in real life, most likely there is some kind of defect in the design or construction of the vehicle that caused it.

It is widely accepted that a person should not burn alive in an otherwise survivable crash. Accordingly, motor vehicles are supposed to be designed and built to prevent fires after a crash. Unfortunately, some cars, trucks, and SUVs have defects in their design or manufacturing that can result in electrical and fuel-fed fires. In fact, according to the US Fire Administration, post-collision fires are the leading cause of vehicle-related deaths.

If you are involved in a car accident, your car must effectively keep the occupant inside the vehicle, in a space sufficient to survive while being protected from harmful contact with the vehicle's interior. In other words, if you are using your seat belt along with air bags and other safety equipment, you should not be thrown about the car during an accident thus causing further injury or death.

If you are in car accident and your doors open during the crash, most likely there is a defect. Minimum design requirements say that doors must not open in a reasonably foreseeable collision due to linkage activation, inertial opening, or other failure mechanisms.

These are just a few examples of possible defects in your car should they occur as a result of a car accident. There are many more times that you or a loved one could be injured or killed by a defective automobile. 

If you have suffered injuries from what you think may have been a defect in your car, contact us at Linton & Associates . We are personal injury attorneys that handle cases in all 67 counties in the State of Alabama. We are equipped to effectively help you with any products liability claim you may have. Contact us today for a free evaluation.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Vehicle Safety, Alabama Motor Safety, After Collision Fire, Auto Defects Causing Injury or Death

Tort Reform Is A Lie!

When I think of tort reform, I sadly think of all the people who have not been compensated because of the chamber of commerce controlling our state and other state's government and arbitrarily and capriciously chiseling away at fundamental rights. There was once one of these chamber of commerce vigilantes that was rendered a quadriplegic, and the very laws that he bullied through his state house resulted in devastation to him. He now travels throughout the country talking about his sins and the sins against his fellow man and consumer.

Tort reform was lobbied the guise of helping our economy. It was a concentrated effort to take away the political muscle of trial lawyers and to deny money to pro-consumer, democratic candidates.

Unfortunately, good people elected politicians who turned around and harmed them far more than they helped. Under the guise of issues such as abortion, gay rights and gay marriage, good people inadvertently allowed the U.S. Chamber of Commerce to take control of their state government. As sad as all of this was and is, the reality is, tort reform has dramatically affected consumer rights. 

However, at Linton & Associates, we are not going to stand by and let our clients be bullied by these major forces against them. We will apply what laws are available as effectively as possible. We will fight for you and bloody these bullies' nose no matter what, and we all know that bullies cannot stand to taste their own blood.

One thing that is certain with American business is at the end of the day, their uncontrolled greed and efforts for profits will do things to consumers that will require trial lawyers' skill. One example is the Ford Pinto in the 1960's. The executives gathered around the table in a plush conference room when they were told that if the Pinto was struck in a certain way it would burst into flames. They were then told the number of times they expected this to happen and how many people would die or be burnt in different degrees of severity. They were then presented with numbers that showed what a total recall of all Pintos would cost Ford. The decision was easy. They chose mayhem and death.

That same conduct has gone on since then, and will continue to go on one hundred years from now. The only difference now is that the businesses are protected by tort reform. The businesses control Alabama and other state supreme courts along with the Alabama and other state legislatures.

With all this against you, the consumer, you need help in leveling the playing field and fighting for your rights. At Linton & Associates we are here to fight for you. If you are a resident of any county within the State of Alabama and have been injured by a defective product, do not wait until its too late and big business has won. Contact us for your free evaluation today.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Tort Reform Alabama, US Chamber of Commerce, Corporations Controlling America, Ford Pinto Gas Tank Explosion.

What is Uninsured/Underinsured Motorist Coverage?

Although the State of Alabama requires that every registered vehicle carry a minimum of $25,000 in liability coverage, it is a sad fact that many people do not carry adequate insurance coverage. So, what happens if you are injured by an at fault driver that does not carry liability insurance? At Linton & Associates, we have the answer for you.

Uninsured/Underinsured Motorist Coverage is coverage that you have through your insurance policy to protect you when you are injured by a party that does not have insurance in effect to compensate you for your damages. This coverage can also be used when your damages are higher than the amount of coverage available by the at fault party's policy. For example, if your damages are $100,000 and the at fault party has a policy limit of $50,000 you would be entitled to make an underinsured motorist claim with your insurance company.

Alabama law requires that every time a policy is issued, it must provide Uninsured/Underinsured Motorist Coverage unless each named insured expressly rejects the uninsured motorist coverage. As a result, you have uninsured motorist coverage on your policy unless you have rejected it in writing to the insurance company.

Many people express a concern about filing an uninsured motorist claim because of fear that their insurance premiums will increase as a result of the claim. However, that is not the case. Uninsured motorist coverage is contractual and filing a claim against that policy does not make your premiums increase. This coverage is designed to step into the shoes of the at-fault party. Think of it as if you just provided coverage for the at-fault party. While we might say it is not our responsibility to provide coverage for people who do not follow the law, we must consider it as us being responsible and ensuring ourselves and loved ones are adequately covered.

If you or a loved on have been injured by an at-fault party that does not carry adequate coverage to justly compensate you for your injuries, contact Linton & Associates and we will conduct a free evaluation to discover all options available to you. http://www.linton-associates.com/

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

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My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Fourth of July Holiday Travel

The Alabama Department of Public Safety has released the figures on fatal crashes that occurred over the fourth of July holiday period and while there were fewer lives lost than last year, there is still a long way to go to make the roadways safer in Alabama. Alabama State Troopers investigated a total of nine fatal traffic crashes according to the Alabama Department of Public Safety http://www.dps.state.al.us/Home/. It estimated that alcohol was a factor in the majority of the crashes. The fatal crashes occurred in Baldwin, Wilcox, Houston, Dallas, Jefferson, St. Clair, Talladega and Limestone counties. In addition, troopers investigated 350 traffic accidents over the holiday period.

If you or a loved one has been injured due to the negligence of another driver, please feel free to contact Linton & Associates for help. We will be on your side to ensure that you are treated fairly by the responsible party. You contact us at mailto: mailto:info@linton-associates.com

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

What To Do If You Are Involved In a Car Accident During July 4th Holiday

It is a sobering fact that many people will be victims of car crashes over the upcoming 4th of July holiday. It should be a time that we celebrate with our friends and family and give thanks for our many freedoms. However, for some families it will be a time where their world is literally turned upside down. If you or someone you are close to is involved in a motor vehicle collision over the holiday period, there are several things that you should immediately do in order to protect your rights to be justly compensated for your injuries. Rest assured that the powerful insurance companies have the resources and are using them any way that they can to not pay you what you are rightfully owed. No amount of money can bring back a lost loved one or adequately compensate for the injuries you have to live with the rest of your life, but during this time you owe it to yourself and loved ones to seek just compensation so that your physical needs are taken care of and you do not have to worry about them while you are grieving your loss.

After an accident, the first thing to remember is to not talk to anyone other than the police about what happened in the accident. Even then, you should never admit liability. If you do not remember something that happened, it is completely ok to say "I don't remember." I recently represented a woman that was t-boned while traveling through a downtown intersection. She was knocked unconscious and she really did not remember anything about the accident. When she came to me for help she told me that she really did not know what happened and she wondered if she was at fault. Through our investigation we discovered that the vehicle that hit her actually ran the red light and the driver was under the influence of alcohol. That goes to show you that it is better to say I do not remember while you are still under the stress following a collision.

If you are involved in an accident with a commercial vehicle, that company's representatives and insurance company are immediately building a case to not compensate you. They routinely alter or destroy evidence that would be dis favorable to them. They contact you or your family representatives and lie to you about what happened and what coverages are available. You need someone like Linton & Associates to stand in your place to protect your interests while you focus on caring for your loved ones and grieving your loss. We would immediately secure the necessary evidence to avoid it getting lost or concealed by the commercial companies. This is a crucial component of successfully pursuing a claim because there are many pieces of evidence critical to your claim that could be gone forever.

Another major step of making a successful claim is to make sure you know where your vehicle was towed to and that it is secure. Many times, insurance companies will quickly pay you for your loss of property and once they do, they own the car. They sell the cars to scrap yards and soon it is gone forever. It is extremely important that your vehicle be preserved until such time as it can be inspected by qualified experts. This allows the experts to determine facts surrounding the accident that cannot be disproved by the defendant. Also, many deaths and injuries are caused by defective automobiles and in order to make a products liability claim, you absolutely must have possession of the car. At http://www.linton-associates.com/ we will make sure your vehicle is moved to a secure storage facility and the integrity of the evidence is properly preserved so that your chance of successfully pursuing your claim is maximized.

If you or someone you know is injured by a motor vehicle accident, contact us at mailto:info@linton-associates.com and we will take the burden of dealing with these issues off of you and give you the time you need to be with your loved ones and grieve your loss.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.