FARMING ACCIDENTS


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
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Protecting The Wrongfully Injured

Farm workers across the country are at a very high risk for occupational farm work injuries, many of them fatal. The National Institute for Occupational Safety and Health (NIOSH) ranks agriculture among the most hazardous employable industries.

According to the government agency, between 2003 and 2011, 5,816 agricultural workers died from work-related injuries in the US. In that time frame, the fatality rate for agricultural workers was seven times higher than the rate for all workers in private industry. Ohio has reported the sixth most farming-related fatalities in the country.

Many of these accidents are preventable, and each year farm equipment accidents generate millions in settlements and verdicts for victims. Most commonly, the cause of injury is human error though product liability issues cannot be discounted.

Joe Lyon is a Cincinnati catastrophic injury lawyer with experience developing evidence and presenting the highest quality arguments on behalf of injured parties and their family.


Agriculture Accidents & Ohio Farm Injury


According to the U.S. Occupational and Safety and Health Administration (OSHA), tractor accidents are the most common source of deaths and severe injuries, most frequently in the form of rollovers. Most overturn injuries could be prevented by roll cages and seat belts, yet only one-third of U.S. tractors are equipped with basic safety devices.

An effective way to prevent tractor overturn deaths is to install Roll-Over Protective Structures (ROPS). However, as of 2012, less than 60 percent of tractors used on farms in the U.S. were equipped with ROPS. Other common catastrophic farm accidents include:

•    Machinery entanglements
•    Run-overs
•    Animal-related injuries
•    Silo and grain bin accidents


Farming Equipment Accidents


An estimated 500 to 600 people die in tractor related accidents each year. Tractor rollovers account for the vast majority of accidents, most of which can be prevented with proper use and safety measures. Other farm-related accidents include the following equipment:

•    Augers
•    Industrial Equipment Accidents
•    Skid Steers
•    Hay bailers
•    Corn pickers
•    Barn cleaners
•    Trucks
•    ATVs
•    Faulty hand tools


Farming Accidents & Injuries


In 2011, the injury rate for agricultural workers was over 40 percent higher than the rate for all other workers in the U.S. Every day, over 240 agricultural workers suffer an injury that prevents them from working. Five percent of these injuries result in permanent impairment. Common non-fatal injuries include:

•    Burn injuries
•    Amputations
•    Crush Injuries
•    Electrocution
•    Traumatic Eye Injuries
•    Degloving Injuries
•    Spinal Cord Injuries
•    Brain Injuries
•    Neck & Spinal Injury


Following a farm accident involving a defective product or negligent human error, victims should contact an experienced lawyer to investigate.

Joe Lyon is a highly-rated and experienced Ohio catastrophic injury and product liability injury attorney, well-versed in the science and economic impact such an injury or death has on the victim’s life and family.  


Causes of Farming Accidents


The majority of injuries and deaths that occur on farms are associated with some degree of human error, though many often also involve malfunctioning or defective equipment. Both farm equipment manufacturers and companies managing farms have a duty to ensure a safe workplace.

The most obvious and preventable reasons accidents occur include:

Inadequate Training
•    Improper equipment maintenance or repair
•    Defective Machine Design—safety shutdown malfunction
•    Fatigued Worker Accidents
•    Safety Violations—Removal of a safety device (shields or rollover protection)
•    Ineffective supervision
•    Blatant inattention
•    Reckless misuse of equipment
•    Failure of equipment manufacturer to warn of foreseeable hazards
•    Inadequate warning labels


The Lyon Firm works with construction experts, engineers, and OSHA safety experts to determine the root cause of farm work injuries to build a compelling case and win compensation for injured victims and their families.


Farm Injuries & Toxic Exposure


Farm accidents that cause respiratory disease and chemical exposure are difficult to track, but no less hazardous. According to the U.S. Department of Agriculture, leukemia, Hodgkin’s disease, non-Hodgkin’s lymphoma, cancers of the skin, stomach, brain, and other diseases have “excessive occurrences” in farm workers that are exposed to pesticides, fertilizers, and other common chemicals.

As an example, the World Health Organization (WHO) and the International Agency for Research on Cancer (IARC) now say Roundup, one of the most widely used weed killers in the world, “probably” causes cancer. Glyphosate, the chemical agent used in Roundup, has been detected in food, water and in the air after it has been sprayed, according to the WHO report.

People working on or living near farms where glyphosate is used are the most vulnerable. Studies have found glyphosate in farmworkers’ blood and urine.
Research links the chemical to the following:

•    Increased risks of cancer (non-Hodgkin lymphoma)
•    Tumor formation
•    Birth defects
•    Pulmonary Fibrosis


Farming Accident Lawyer


The legal options available to victims depend on what caused the farming accident and injury. Complex liability questions and future healthcare plans require the attention of an attorney experienced in product liability and industrial lawsuits.

In many past incidents, farm equipment has been found to be inherently flawed or malfunctioned. If machinery is found to have a faulty design or missing safety components, victims and their attorneys can file suit against large equipment manufacturers.

Victims of accidents and farm work injuries are encouraged not to remove any social media postings or make any statements to insurance companies or private investigators without first speaking with a qualified attorney.


Farm Equipment Accidents


Following farm equipment accidents where you suspect there was negligence, a defective product or simply have questions about what may have happened, you should contact and experienced  product liability  lawyer to investigate the matter. Common farm equipment injuries occur due to the following:

  • Tractor rollover
  • Falls from ladders/stationary lifts
  • Entanglements with certain machines
  • Equipment with defective designs
  • Inadequate warning labels on equipment
  • Negligent training of workers on the equipment.
  • Failure to stop using defective machinery
  • The removal of safety devices from equipment, either on purpose or due to improper design.
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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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