Virginia Personal Injury and Medical Malpractice Blog

Phelan Petty is pleased to announce that three of its attorneys – Michael Phelan, Jonathan Petty, and Brielle Hunt – have been selected for inclusion on the 2020 Super Lawyers List. In addition, Michael Phelan was named to the Top 100: 2020 Virginia Super Lawyers list. Super Lawyers is an objective ratings service which honors…

Since March 1995, all bicycle helmets, imported or manufactured in the U.S., are required by the Consumer Product Safety Commission (CPSC) to meet the standard established in 16 CFR Part 1203.1(c). This is a mandatory standard that covers bicycle helmets, in addition to multipurpose helmets that may also be used when riding a bicycle. The…

Does Amazon bear liability when a product from its website causes injury to a consumer? This question has been debated for some time now in the courts, involving the responsibility Amazon carries, if any, when it offers products on its website on behalf of third-party sellers. The California Court of Appeal recently answered this question…

Driver fatigue is one of the major causes of 18-wheeler crashes in the United States. The federal agency tasked with investigating transportation crashes and their causes is the National Transportation Safety Board (NTSB). The NTSB estimates that about 30 to 40% of commercial truck accidents are due to truck driver fatigue. Anyone who is tired…

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall for proximally 16,000 infant and child double strollers due to the potential risks of entrapment, fall, strangulation, and entrapment. Costway, based in California, is the manufacturer of the strollers which were sold on the company’s website and by Amazon from May 2016 to December…

Phelan Petty is pleased to announce that firm founders Michael Phelan and Jonathan Petty have been recognized by Best Lawyers in America. This recognition is based on a neutral peer review process submitted by attorneys practicing within the same geographical and legal practice areas. Attorneys must be nominated annually by other lawyers to maintain the…

According to the Consumer Product Safety Commission (CPSC), between 2015 and 2017 there were 379 reported pool or spa related fatal drownings involving children under the age of 15. 75% of those drownings involved children under the age of 5. In more than 70% of cases, fatal drowning incidents occurred at residential locations, such as…

Women who have tested positive for COVID-19 while pregnant may be at risk of placental injuries. The study, conducted by Northwestern University and published in the journal American Journal of Clinical Pathology, looked at the placentas of 16 pregnant women who had tested positive for COVID-19. Thought the sample size is small, this is still the largest…

If you use electronic devices such as electronic cigarettes, vaporizers, smartphones, laptops, or other mobile device, then you most likely use lithium-ion batteries. These batteries are usually the power source for these types of devices. The key to whether any of these devices operate safely is whether the battery overheats. In recent years, there have…

Individuals who suffer from a mild traumatic brain injury may recover in just a few months of sustaining the initial injury. Some symptoms can clear up in about 30 days. However, a percentage of concussion victims experience symptoms beyond a six-month period. When this occurs, a doctor may diagnose the patient with post-concussion syndrome (PCS).…

Electric bicycles are popular around the world. Millions of people around the world own an electric bike. Electric bikes cost $1,000 or more. An electric bike is powered by rechargeable lithium batteries. Riders use the electric motor to power them through hills, headwinds, or fatigue. These bikes can also travel as far as 60 miles…

Parents put their trust in the manufacturers of the baby products they purchase, believing the manufacturer has tested the products for all foreseeable uses and that the products will cause no harm. When a responsible manufacturer of baby products learns that its product is dangerous for foreseeable uses, it takes steps to minimize the damage…

Commercial property insurance policies, for the most part, include coverage for loss of business income through the addition of an endorsement to the property policy. This endorsement is worded in such a way to provide protection against business income loss resulting from damage, destruction, or any type of direct loss of insured business property by…

A spinal cord injury (SCI) is nearly always considered a catastrophic injury. It is life-altering physical trauma resulting in permanent disability and a lengthy recovery period. When a person experiences an SCI, it can affect many areas of the body, leaving them with a variety of issues, both medical and financial. After suffering an SCI,…

Shopping on Amazon has become one of the most popular ways to review and purchase both essential and sometimes not-so-essential items. Almost everything is available on Amazon, and often at better prices than you can find at your local retail store. In addition, the fact that you can get your items delivered in 1 or…

Hundreds of rural hospitals across the country are currently struggling to survive, due to cutbacks in federal funding, Medicaid, and economic losses. Millions of Americans, many of them low income, live in rural areas and depend on these hospitals for care and treatment. Now, in the midst of a national pandemic, patients need hospitals more…

Business interruption insurance is part of every business owner’s coverage. When you purchase insurance coverage for your small business, it is meant to cover any losses and damages resulting from events or disasters that shut down your company or store. You pay your premiums, and in turn, your insurance company should provide coverage when you…

With the warmer weather emerging, people are getting out and on their bikes for fresh air and exercise. However, when bicycle components fail, serious injuries can occur. Bike components commonly malfunction due to design or manufacturing defects, which are typically referred to as “product liability.” Component failures on bicycles can include problems with wheels, forks,…

“Black boxes” are used commonly in airplane accident investigations for the purpose of gathering information about the performance of the pilot and plane during the time leading up to the crash. Most commercial trucks also come equipped with black boxes. These black boxes can provide vital data to investigators in the event of a truck…

Pressure cookers and appliances that perform similar functions in the kitchen are popular with everyone from amateur, at-home cooks to professional chefs who work in in commercial kitchens. These cookers are used every day to prepare meals quickly and easily. In fact, you may have one these cookers in your kitchen right now. The pressure…