Online Trademark Attorneys
Suasser Summers, PC
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Providing U.S. trademark services throughout the U.S. and across the globe.
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Trademark Attorney Working With Clients in Ladson, SC
If you're an entrepreneur, you know that protecting your intellectual property should be high on your list when it comes to safeguarding your company. However, as a successful business owner, you also know the steps and costs of filing a trademark in the U.S. can be expensive and arduous.
This conundrum can be even more overwhelming for new business owners who want to do everything possible to minimize the price of securing trademarks. They try to handle complicated tasks like trademark registration on their own, which can be a big mistake - especially when juggling the day-to-day tasks of running a business. You may be thinking, "But what about those set-it-and-forget-it services you can find online? All you have to do is plug in your info, and you're done." Using pre-made templates for trademark filing can be tempting, but doing so can leave you with inadequate protection and hurt you in the long run.
So, what is the easiest, most cost-effective route to consider that also minimizes legal risk? The truth is, before you spend money on a service like LegalZoom, it's best to consult with a trademark attorney working with clients in Ladson, SC.
At Sausser Summers, PC, our experienced trademark attorneys can help you understand the trademark process step by step. We can even help with U.S. trademark filing, U.S. trademark responses, and U.S. trademark renewals at a price you can actually afford. That way, you can make an informed decision regarding your business without having to break the bank.
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Sausser Summers, PC: Simplifying the U.S. Trademark Process
Hiring an attorney can be a daunting task, but at Sausser Summers, PC, our goal is to make the process as simple and seamless as possible for you. That's why we offer a straightforward checkout service. First, you choose your flat fee trademark service and fill out a short questionnaire. Then, we will contact you within 24 hours to discuss the details of our service. From there, one of our experienced trademark attorneys will get to work on your behalf.
Using a trademark attorney for filing in Ladson, SC, can significantly increase your chances of a successful registration. The U.S. government recommends hiring a trademark attorney to help with your application, and our team of trademark lawyers is dedicated to meeting your needs. In fact, we help ensure your application is filed correctly the first time so you can get on with your life and avoid legal risks.
At Sausser Summers, PC, we work closely with our clients to understand their needs and provide them with sound professional advice. We never offer incomplete services, such as simply filing for registration, because that would leave you open to legal risks. You can rely on us to handle your intellectual property matters, and our flat fee services can help protect your business in a simple, straightforward, and affordable way. It's really that simple.
In terms of filing a U.S. trademark, we provide an easy three-step process to protect your intellectual property:
1. You provide your trademark info to our team via an online form.
2. Our team performs a comprehensive trademark search. This search ensures that no other marks will prevent you from registering your trademark in the U.S. Once performed, we'll send you a legal opinion letter that details our findings.
3. Sausser Summers, PC, files your U.S. trademark application. We are then listed as your Attorney of Record on file. From there, we'll provide ongoing updates regarding the status of your trademark as it works through the registration process.
The bottom line? At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
The bottom line?
At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
Do I Really Need a Trademark Attorney for Protecting My Business in Ladson, SC?
It's not necessary to be a lawyer in order to apply for a trademark. Anyone can submit a trademark application to the U.S. Patent and Trademark Office (USPTO). However, registering a trademark involves more than just filling out a form. It's essential to conduct thorough research, accurately identify and clearly explain your trademark to ensure it receives adequate protection. And even after securing a trademark, you've got to monitor it consistently to make sure it's free from infringement.
The big takeaway here is that it's always a good idea to work with a trademark attorney to protect the intellectual property that you've worked so hard to establish. According to the Wall Street Journal, applicants are approximately 50% more likely to secure their trademark than people who file applications on their own. If your trademark application is rejected by the USPTO, you will need to revise and refile it, incurring additional filing fees. To avoid delays and extra costs, it is best to have a trademark lawyer help you get it right the first time.
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us (843) 654-0078Additional Benefits of Using a Trademark Attorney
Great trademark attorneys (like those you'll find at Sausser Summers, PC) will help with every step of filing and enforcing your trademark. Some additional benefits include the following:
Check to see if your proposed trademark is registered by another entity.
Conduct research to see if another business is using the trademark for which you're applying.
Provide advice and guidance on the strength of your trademark.
Draft and submit your trademark applications and application revisions.
Advice and guidance regarding trademark maintenance and protection.
Monitor the market for unauthorized use of your trademark.
Trademark enforcement to protect you against infringement.
Curious whether our trademark attorney services are right for you and your business? Contact Sausser Summer, PC, today. Let's talk about what you need, and how we can help.
What About Services Like LegalZoom?
Online services, such as LegalZoom, can provide you with basic assistance in filing your trademark. However, they will never be a legitimate substitute for an experienced trademark attorney helping clients in Ladson, SC.
Although services like LegalZoom offer a step-by-step process, they take a one-size-fits-all approach to preparing legal documents. Even their advanced service only provides basic attorney assistance in completing your paperwork and helping with minor roadblocks. LegalZoom's disclaimer highlights the many limitations of its services, including the fact that communications are not protected by attorney-client privilege. In addition, LegalZoom cannot provide advice, explanations, opinions, recommendations, or any kind of legal guidance on possible legal rights, remedies, defenses, options, selection of forms or strategies.
In other words, LegalZoom can offer you the necessary forms and point you in the right direction, but they cannot customize their services to your specific needs or help you with serious complications that may arise.
For the most comprehensive trademark service and protection, it's always wise to work with highly rated trademark lawyers, like you'll find at Sausser Summers, PC.
Understanding Trademarks Over Time
Trademarks in the U.S. can last indefinitely, but did you know that clients in Ladson, SC can file a trademark online, only to lose protection in some circumstances? Trademarks differ from patents and copyrights in that they do not have an expiration date. However, to prevent the cancellation of a trademark, you must maintain it. To ensure that your trademark remains protected, you must actively use it in commerce and renew it with the USPTO every ten years.
The Lanham Act tells us that "use in commerce" is the legitimate use of a trademark in the ordinary course of trade. In other words, you cannot register a trademark solely to reserve the rights to it in the future. In most cases, a trademark must be used continuously in connection with the goods or services it is registered for.
Steps to Renew Your Trademark
Trademarks are registered with the USPTO and generally need to be renewed every ten years. However, there is one crucial exception that you should be aware of. Within the first ten years of owning a trademark, you must file for renewal between the fifth and sixth year from the date of your initial registration.
During this renewal period, you are required to submit a Section 8 declaration, a specimen that shows how the mark is being used, and pay the required fee. You can also apply for Section 15 Incontestability status, which can strengthen your trademark rights. This application, although not mandatory, can make it harder for others to challenge your ownership of the mark.
After the first renewal, which falls between the fifth and sixth year of ownership, the next renewal filing is due between the ninth and tenth year, and then every tenth year thereafter. In the ninth year you will need to file a Section 8 declaration, attesting to your use of the mark or excusable nonuse. You've also got to file a Section 9 renewal application before the end of the tenth year to keep your registration active.
It is worth noting that the USPTO provides a six-month grace period if you fail to renew your mark within the required time frame, but it is best not to rely on it. If you don't file within the grace period time limits, the USPTO will cancel and expire your mark.
By hiring trademark attorneys helping clients in Ladson, SC, you can avoid the pitfalls and mistakes that can arise and cause you to lose your rights to the mark that represents it.
Losing Your Trademark Rights Through Abandonment
In the event that you stop using your trademark and have no plans to resume using it in commerce, it may be considered abandoned by the USPTO. This could result in the loss of your protective rights to the mark. Typically, a trademark is assumed to be abandoned if it has not been used for three years. However, you may be able to refute this presumption by providing evidence that you intend to use the mark again in the future.
Losing Your Trademark Rights Through Inappropriate Licensing
In addition to trademark abandonment, you should also be wary of improper licensing. It's important to remember that once you allow someone else to use your trademark, you must keep an eye on how they use it. You should monitor the products or services that feature your trademark to ensure that they meet consumers' expectations in terms of quality. Failure to do so can lead to a "naked" trademark license and the loss of your protective trademark rights.
How to Avoid Having to Refile Your Trademark
If you're wondering how you can avoid refiling your trademark, the answer is simple: file it correctly the first time around. Filing a trademark isn't inherently difficult, but when doing so, it's very important that certain aspects are filled out accurately in your application. If any information is missing or incorrect, the trademark application may be considered "void ab initio" or void from the beginning, requiring you to file again.
To avoid this, make sure that the information you provide in the application is accurate and complete, including the ownership of the trademark. For instance, if a corporation has multiple shareholders, it should not file under the President's personal name. The rightful owner should be the one/entity that ultimately controls the trademark and the associated goods/services.
It is also important to ensure that the goods and/or services description is precise. For example, if you sell electronic products, you should not file for research and development services despite having a research and development department. The goods/services description should reflect the goods/services you offer to customers, not the departments within your business.
Additionally, providing accurate dates of first use when filing for a trademark is crucial. The USPTO requires two dates to be specified - the date of first use anywhere and the date of first use in interstate commerce. Contact our trademark law office today to learn more about having accurate dates on your filing paperwork.
What Makes an Online Trademark Attorney Great?
At Sausser Summers, PC, we often get questions about how to distinguish run-of-the-mill consultants and others from great trademark attorneys. After all - when you're looking for an attorney to file or prosecute your business trademark, you should know their qualifications. Here are three ways you can separate the proverbial wheat from the chaff when it comes to trademark attorneys.
It's crucial to seek legal advice from a licensed trademark lawyer rather than relying on advice from non-professionals like trademark consultants. The USPTO even recommends hiring an attorney to help with the trademark process. Although trademark consultants may provide advice on trademark availability or name marketability, they cannot file the trademark for you or offer legal advice. According to the Rules of Practicing in trademark cases, "Individuals who are not attorneys are not recognized to practice before the Office in trademark matters." This rule applies to individuals who assist trademark applicants.
When searching for a trademark attorney, it's important to find someone with a strong background in trademark law. Look for an attorney who specializes in this area and has significant experience handling trademark-related cases. Avoid lawyers who don't have expertise in this field, as they may not be able to provide the guidance and support you need.
Ensure your attorney provides updates throughout the trademark registration process to avoid missing deadlines, including responding to any Office actions within six months. Failure to do so can result in trademark abandonment. The USPTO will only correspond with the listed attorney of record, so make sure your attorney keeps you informed.
In summary:
- Be sure you're using a licensed trademark attorney helping clients in Ladson, SC.
- It's best to work with a trademark lawyer who has years of experience filing trademarks.
- Ensure that your trademark lawyer is willing to provide ongoing notifications relating to your trademark application process.
Request a Quote
Trademark Attorneys Working Hard for You
Building your brand and gaining recognition for it is a significant achievement, and it's important to protect it. However, there are certain pitfalls and mistakes that can arise, causing you to lose your rights to the mark that represents it. By working with knowledgeable trademark attorneys, you can avoid these issues and file your trademark successfully.
With an A+ rating from the Better Business Bureau (BBB), Sausser Summers, PC, offers comprehensive guidance, strategic advice, and reliable representation for a variety of trademark matters. Our attorneys have years of real-world experience and, having registered countless trademarks with the USPTO, provide our clients with individualized representation when they need it most.
If you're looking for skilled, adept, and experienced counsel, look no further than our trademark law firm. Contact us today to schedule your initial consultation and learn how we can help you safeguard your brand.
Latest News in Ladson, SC
Enjoy your holiday weekend with Edisto Beach Shag, Jazz festivals and much more
Elisheva Wimberlyhttps://www.lowcountryweekend.com/2022/10/13/coastal-carolina-fair-returns-ladson-exchange-park-this-month/
Charleston Wine + FoodEnjoy the return of Summer Wine Festival, tasting events and conference for youthA festival making its return at the Charleston Harbor Cruise Terminal, coffe...
Enjoy the return of Summer Wine Festival, tasting events and conference for youth
A festival making its return at the Charleston Harbor Cruise Terminal, coffee-tasting events and a conference for young men and boys in the community are all happening this weekend.
August 25, 2023 at 4:50 pm EDT
Palmetto Park Jam to feature Idlewild Revival on Oct. 15
Allman Brothers tribute band at Palmetto Islands County Park.
By Jared Hocevar
Grind for Life Series skates into the Lowcountry Sept. 30
SK8 Charleston to host skateboarding competition benefitting cancer patients; spectators welcome.
By Jared Hocevar
Southeastern Wildlife Exposition Opens Year-Round Wildlife Art Gallery
Gallery by Southeastern Wildlife Exposition, will host its grand opening on August 30.
By Jared Hocevar
Experience the tastes and traditions of Charleston’s Latin American community!
Inaugural Trick, Treat & Trail Family Fun Run, Walk & Stroll at Wannamaker County Park!
The fundraiser supports various projects including camp scholarships and inclusive events
A festival making its return at the Charleston Harbor Cruise Terminal, coffee-tasting events and a conference for young men and boys in the community are all happening this weekend.
Allman Brothers tribute band at Palmetto Islands County Park.
Things to Do
Experience the tastes and traditions of Charleston’s Latin American community!
Inaugural Trick, Treat & Trail Family Fun Run, Walk & Stroll at Wannamaker County Park!
The fundraiser supports various projects including camp scholarships and inclusive events
A festival making its return at the Charleston Harbor Cruise Terminal, coffee-tasting events and a conference for young men and boys in the community are all happening this weekend.
Allman Brothers tribute band at Palmetto Islands County Park.
Food
New culinary offerings from The Charleston Place!
Starting Monday, the chain began selling its seasonal pumpkin spice menu, this time with two new doughnut flavors and two returning favorites.
According to a news release, everyone and anyone can enjoy the tasty treat in stores on July 11 at participating 7-Elevens, Stripes and Speedway locations.
The flavors include pineapple passionfruit, mango dragon fruit and strawberry açaí.
Latest Articles
City Guide
40 years of serving the Lowcountry!
Great things in store for Wiltown Community Center Park!
Readers of Southern Living magazine have given the Holy City another top ranking in its annual South’s Best Awards.
The Taste of Folly is back!
The annual Flip-Flop Drop & Fireworks show, the "Hair of the Groundhog" Cocktail Competition, and the Bill Murray Look-a-Like Polar Plunge and costume contest are all this weekend.
A chance to give life-saving blood back to the Lowcountry!
Fall events are back select nights beginning September 15 through October 29
Charleston County Parks’ scenic off-road run and walk!
Enjoy these Lowcountry weekend events before kids in the tri-county return back to the classroom.
Gathering data on the pollinator population, and increasing their habitats!
Support More Than 200 Animals That Call Hallie Hill Home.
So many great things happening at your Charleston County Parks!
Fun in the sun is coming to a halt at a Lowcountry water park.
A chance to see your pet on the 2023 Rescue Brew can!
New culinary offerings from The Charleston Place!
Relaxing yoga with breathtaking views!
Lowcountry Rapid Transit proposed park and ride location moved to Ladson
Emily Johnsonhttps://www.live5news.com/2023/08/23/lowcountry-rapid-transit-proposed-park-ride-location-moved-ladson/
LADSON, S.C. (WCSC) - The Berkeley-Charleston-Dorchester Council of Governments held a public open house Tuesday in Ladson to provide new updates and hear from members of the community on the Lowcountry Rapid Transit.Located at the Lowcountry Rapid Transit lines end, the new location for the proposed park and ride will be at the Exchange Park Fairgrounds in Ladson.The more than 21-mile transit plan is to connect downtown Charleston to the Exchange Park Fairgrounds, where parking for 280 cars will be available.The Berkele...
LADSON, S.C. (WCSC) - The Berkeley-Charleston-Dorchester Council of Governments held a public open house Tuesday in Ladson to provide new updates and hear from members of the community on the Lowcountry Rapid Transit.
Located at the Lowcountry Rapid Transit lines end, the new location for the proposed park and ride will be at the Exchange Park Fairgrounds in Ladson.
The more than 21-mile transit plan is to connect downtown Charleston to the Exchange Park Fairgrounds, where parking for 280 cars will be available.
The Berkeley-Charleston-Dorchester Council of Governments says the location of the park and ride system will be a quick and convenient station for those traveling from surrounding areas to downtown.
“This park and ride will continue to be a critical piece, whether this was the middle line will continue to Summerville or even beyond, folks will still have to drive to this location and park to get on the dedicated guideway,” Lowcountry Rapid Transit Project Manager, Sharon Hollis, says. “But we can get them off of Highway 26, and onto the system to perhaps maybe alleviate some congestion that way.”
The park and ride location was adjusted from the northern end line of downtown Summerville to Exchange Park.
With transit lines ending in Ladson in the current plan, some community members are asking for the routes to be extended to Summerville.
“This needs to go all the way to Summerville, this system has to work,” Best Friends of Lowcountry Transit Executive Director, William Hamilton, says. “There are 300,000 or 400,000 more people coming to our area, there is no possible way, nor is there anything close to the funds necessary to build the necessary roads.
“Congestion will become intolerable unless there are significant efforts made to take some of the burden off of the road system,” he adds.
Hollis says a lot of factors would play into an extension, including funding and demand from those in the area who would use it.
“As we start to build, transit demand from Summerville to this location, we’ll start to have the ability to do that more permanent infrastructure to put the buses and dedicated lane,” she says. “It’s a step process, and we’re just we’re a little further behind than that one.”
Back in March, the Lowcountry Rapid Transit System Project was awarded $100 million in President Biden’s 2024 budget.
“This is the very core of our community; this should remove some of the burden that is on our existing roads, but people need to understand this does not mean that the congestion we have now will disappear,” Hamilton says.
The requested federal funding represents 60% of the project cost, or about $375 million. The anticipated local funding from Charleston County represents 40% of the project cost, or about $250 million.
The Lowcountry Rapid Transit is currently at the halfway mark of the 12-year process with construction expected to begin in 2026.
Copyright 2023 WCSC. All rights reserved.
HOT PROPERTIES: Ladson complex sells for $77.5M
Ross Nortonhttps://charlestonbusiness.com/news/real-estate-commercial/83308/
A 336-unit multifamily housing complex in Ladson called Broadstone Ingleside sold for $77.5 million, according to Cushman & Wakefield, a commercial real estate services firm that arranged the deal.Cushman & Wakefield’s John Phoenix, Louis Smart and Austin Green represented the seller in the transaction. The multifamily community was acquired by a joint venture between affiliates of Abacus Capital and Westbrook Partners, according to a Cushman & Wakefield news release."Broadstone Ingleside is a best-in-cla...
A 336-unit multifamily housing complex in Ladson called Broadstone Ingleside sold for $77.5 million, according to Cushman & Wakefield, a commercial real estate services firm that arranged the deal.
Cushman & Wakefield’s John Phoenix, Louis Smart and Austin Green represented the seller in the transaction. The multifamily community was acquired by a joint venture between affiliates of Abacus Capital and Westbrook Partners, according to a Cushman & Wakefield news release.
"Broadstone Ingleside is a best-in-class garden asset built by one of the most prolific developers in the nation,” Smart, director at Cushman & Wakefield, said in the news release. “This deal is in the absolute bullseye for job growth and in-migration in Charleston — one of the fastest growing and most sought-after markets we cover.”
Broadstone Ingleside is a desirable property because it is positioned in a rapidly expanding North Charleston submarket just off Interstate 26, located near several big-name corporations, the news release said.
Cushman & Wakefield’s Sunbelt Multifamily Advisory Group is a 109-person investment sales team covering 11 states. The group closed $11.1 billion in sales volume through 360 deals and more than 60,300 units.
Hot Properties highlights recently sold or leased commercial properties in the Charleston region. Send in your transactions using our online form. Other recent commercial real estate transactions include:
Brent Case and Jing “Julia” Donovan of Coldwell Banker Commercial Atlantic represented the landlord, Windsor Hill Flex LLC, in the lease of retail/flex/office space at Suite 4 at 8210 Windsor Hill Blvd. in North Charleston. Hannah Kamba of Coldwell Banker Commercial Atlantic represented the tenant, La Hacienda of West Ashley LLC.
Kristen Krause of Coldwell Banker Commercial Atlantic represented the seller in the sale of 2,500 square feet on 1.29 acres of commercial redevelopment property at 1905 Old Trolley Road in Summerville for $1.5 million. Michael Silverman of TSCG represented the buyer.
Jing “Julia” Donovan of Coldwell Banker Commercial Atlantic represented the tenant, Poke Cafe Tanger Outlet LLC, in the lease of retail space at Tanger Outlet in North Charleston from Masison Plaza LLC. Chase Development Company represented the landlord.
Markus Kastenholz and Remington Beatty of Colliers South Carolina represented the buyer, Triple B Capital LLC, in the sale of retail space at 2400 Gap Road in North Charleston for $2,000,000.
Robert Pratt of Re/Max Pro Realty represented the buyer, RLP LLC and Tricom Associates LLC, in the sale of 10,880 square feet of retail space at 10599 Dorchester Road in Summerville from PRED Pharmacy-Summerville LLC for $1,850,000. Joel Cukier of Ascension Advisory represented the seller.
Patrick Nealon of Colliers South Carolina represented the seller, Arbys Properties LLC, in the sale of 2,600 square feet of retail space at 6124 Rivers Ave. in North Charleston to Abrahim Dabit.
3-year-old vanishes from apartment before being found at bottom of pond, SC cops say
Simone Jasperhttps://www.thestate.com/news/state/south-carolina/article279196389.html
A 3-year-old vanished from an apartment complex before being found at the bottom of a retention pond, South Carolina officials said.The toddler was pulled from the water with “no signs of life” and was pronounced dead at the scene, according to the Dorchester County sheriff’s and coroner’s offices.The child was identified in a news release as John Tyheem Williams Jr.Deputies said they responded to a report of a missing toddler at about noon on Friday, Sept. 8. The child was last seen at an apartme...
A 3-year-old vanished from an apartment complex before being found at the bottom of a retention pond, South Carolina officials said.
The toddler was pulled from the water with “no signs of life” and was pronounced dead at the scene, according to the Dorchester County sheriff’s and coroner’s offices.
The child was identified in a news release as John Tyheem Williams Jr.
Deputies said they responded to a report of a missing toddler at about noon on Friday, Sept. 8. The child was last seen at an apartment complex in the Ladson area, roughly 20 miles northwest of Charleston.
A deputy reported that someone found an iPod in a retention pond that might have belonged to the 3-year-old. Then, the sheriff’s office started working with other agencies to search the water for the missing child, according to an incident report.
At about 1 p.m., a diver found the child “approximately 15-20 feet from the bank in about 10-12 feet of water.” The toddler’s body was taken to the coroner’s office, where an autopsy was scheduled, according to officials.
Deputies in a Sept. 8 email said they were investigating the child’s apparent drowning death along with the coroner’s office and the S.C. Law Enforcement Division.
At least 4,000 people die from drowning every year in the U.S., according to the Centers for Disease Control and Prevention, and drowning is a leading cause of death for children.
Some factors can make drowning more likely, including not knowing how to swim, a lack of close supervision, not wearing a life jacket and drinking alcohol while recreating near or in water.
The National Drowning Prevention Alliance said there are tips to help keep you safe in the water, including checking local weather conditions, never swimming alone and choosing the right equipment.
“Don’t hesitate to get out of the water if something doesn’t feel right,” the group said on its website. “Whether it’s that the current is getting rough, rain has started to fall, or your body is just not responding like you would like it to due to fatigue or muscle cramps, then just leave and return to the water another day. It’s always a good thing to trust your instincts.”
This story was originally published September 11, 2023, 9:12 AM.
OSHA cites Ladson business after woman ‘crushed’ by large door, dies
Cameron Bopphttps://www.live5news.com/2023/07/17/osha-cites-ladson-business-after-woman-crushed-by-large-door-dies/
OSHA officials have shared their investigative findings on what they believe Pegasus Steel failed to do.CHARLESTON COUNTY, S.C. (WCSC) - More than six months after a woman was crushed to death at a Ladson business, officials with the South Carolina Occupation Safety and Health Administration have shared their investigative findings on what they believe the business failed to do.Jessica Birkmire, 53, died at Pegasus Steel in Ladson on Jan. 12 after a large, steel door closed on her, crushing her arm and head, according to the ...
OSHA officials have shared their investigative findings on what they believe Pegasus Steel failed to do.
CHARLESTON COUNTY, S.C. (WCSC) - More than six months after a woman was crushed to death at a Ladson business, officials with the South Carolina Occupation Safety and Health Administration have shared their investigative findings on what they believe the business failed to do.
Jessica Birkmire, 53, died at Pegasus Steel in Ladson on Jan. 12 after a large, steel door closed on her, crushing her arm and head, according to the Charleston County Coroner.
OSHA’s investigative report says Birkmire was preparing to unload materials at a large bay door when she reached through a small gap to click the ‘open’ button. She instead clicked the ‘close’ button, and the door shut on Birkmire.
OSHA details how Pegasus Steel did not conduct a ‘job hazard analysis,’ and despite making references to these job inspections, they provided no documentation to prove these risk assessments had been completed.
They say their inspection revealed conditions they believe to be in violation of state health and safety laws, specifically Code 41-15-210, which states “each employer shall furnish to his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
The report states this is a ‘serious’ violation.
OSHA’s report goes on to say there is, however, a memo from management sent out last summer that explains how employees were not authorized to walk through the bay doors, according to the report. During investigative interviews, OSHA found employees were routinely walking through these doors, and the report states no disciplinary action was taken.
The Chief Human Resources Officer for Pegasus Steel said in an interview with OSHA officials that Birkmire broke safety codes at the business when she reached through the bay door. The report also details how Birkmire was “headstrong” and that management had told her in the past to “not place her body in places that can hurt her.”
OSHA says the company also should have had sensors in place to detect objects in the door’s path.
OSHA provided Pegasus Steel with tips on how to keep the door from closing on people again including installing sensors. The business is also now ordered to pay a penalty of $3,500.
Officials said in the report they’re currently working on relocating those control buttons that Birkmire pushed. The business did not respond to a request for comment.
Copyright 2023 WCSC. All rights reserved.
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