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Product Liability Cases Usually Involve Incidents Of Burn Injuries

Interviewer: Are there any particular injuries that cause burning? What are some of the most common burn injuries?

Robert Cummings: I haven’t handled a burn injury case per se, but the ones that come to mind are boiling water or dangerous appliances or devices in a person’s house. If a child is at a neighbor’s house, and there’s an unsafe condition there, and that child happens to have boiling water spilled on them, there could be a liability against the homeowner, and potentially against their homeowner insurance policy. Additionally, with product liability cases, you have unsafe devices that can cause burning hazards or fire hazards. That can result in burning injuries on plaintiffs. I’m pretty sure that there’s a lot of others. I don’t know in a case of this nature, but you could easily have a tanning salon. If there’s something that happens or malfunctions in a tanning bed, a person could easily get burned, and then you would look towards the owner of the salon, the manufacturer of the tanning bed, the employees … You’d have quite a wide range of people there to go after and to look towards.

The Most Common Trucking Accident Usually is a Car-Wreck Case

Interviewer: Any trucking injuries that you’ve ever seen?

Robert Cummings: Yeah, that goes with the big rig that I was talking about previously, with the car accident case. If you’re injured by a semi, there’s a lot of nuances to those cases. Because truck drivers drive in between states, they’re regulated by the federal government. If a truck driver gets in an accident, there’s certain things that truck driver must do, and the company must do, within certain time periods after the accident, including drug tests, alcohol tests, to make sure that they were driving safely and what have you. I would say the most traditional semi-truck injury is a car wreck case; a car-on-semi type case.

Wrongful Death is a Cause of Action or a Claim Against a Responsible Party for Causing a Fatal Injury

Interviewer: What could you tell us about wrongful death cases?

Robert Cummings: Wrongful death is a cause of action or a claim against a responsible party for injuring somebody resulting in that person’s death. It can take a lot of different forms, so for example, in a personal injury auto accident case, you would allege that the other driver negligently caused the wrongful death of the plaintiff, or the plaintiff’s estate would say that, if the person is no longer living. You can also have them in civil rights cases, which are called 1983 cases, so for example if you have a prisoner at the point of the mountain here in Utah, and the guards at the prison did certain things that resulted in the death of a prisoner.

Any Situation in Which a Person Dies Due to another Person’s Negligent Conduct Can be Construed as a Wrongful Death

There was a case a few years back where a door closed on a prisoner’s head and the prisoner died, because of the nature of the door, certain conduct by the employees of the jail that fell below the standard of care that was other intentional, caused the death of somebody. That would be a wrongful death. It’s just generally a term to describe a case where a person has died, and you’re alleging that as a result of the defendant’s negligent or intentional conduct, that that’s what caused the plaintiff’s death, if that makes sense.