Personal Injury/Accident Category

Exposure to Benzene in Gasoline in Louisiana

EXPOSURE TO BENZENE IN GASOLINE IN LOUISIANA

By Glenn C. McGovern, Attorney
Metairie, La.
Email:gcmcg@mac.com

The other day I opened the gas tank of my motorcycle to refuel it. The gas tank has a race style large opening. The gas pump handle did not have any covering to prevent emissions of the gasoline while filling the gas tank. I got a good whiff of the gasoline vapors that made me throw my head back to avoid more fumes. I notice in other states gasoline pump handles have large flexible covers to stop vapors from going in the air. (Some states, like California, require these to reduce the gasoline fumes from going in the air.) Benzene is a known carcinogen that causes Leukemia including the rare acute myleogenous leukemia (AML) and acute lymphocytic leukemia (ALL). Exposure levels as low a 5 years can cause cancers. Benzene may affect bone marrow and blood production. Federal Agency for Toxic Substances and Disease Registry (ATSDR), had issued a report on benzene. The ATSDR paper de...

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10 Things You Need to Know about Motorcycle Helmets by Glenn McGovern, atty. MSF motorcycle instruct

TEN THINGS YOU NEED TO KNOW ABOUT
HELMETS IN HANDLING MOTORCYCLE CASES

By Glenn C. McGovern, Attorney
Metairie, La.
gcmcg@mac.com

Motorcyclists are vulnerable to head injuries. A helmet cannot guarantee protection in all crash scenarios. Often in motorcycle cases, the issue of helmet use arises as to whether the helmet was used properly, whether the helmet was defective or whether would have prevented the injury and its effect on comparative negligence are issues of a motorcycle crash case. The science of helmets is complex area. This article cannot fully cover all aspects of helmets but, here are ten things you should be aware of in handling motorcycle cases. Different types of motorcycle helmets offer different levels of protection for certain injuries and not for other types of injuries. There are other variables as discussed below.

1. In the United States, there are two recognized standards. They are the DOT certification and Snell Foundation certification standards for motorcycle ...

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Personal Injury/Accident Basics

Generally, personal injury/accident cases involve a scenario where someone is injured and wants to determine who is responsible for those injuries. The overarching principle behind personal injury/accident cases is that if a person acts negligently, or outside what an ordinarily prudent person would do in that situation, and that negligent act causes damage to someone else, then the negligent person should have to compensate the injured party. However, in order to be liable, the person injured must have been a foreseeable injury as a result of the negligent person’s actions.

A Basic Scenario of Liability

For example, a person working on a farm is driving a tractor. A child playing baseball in a nearby field hits the ball into the farm. If the child goes to retrieve the ball and is injured when the person driving the tractor fails to see the child, who is liable to the child or the child’s family? The person driving the tractor is only liable if he was not paying attention a...

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