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When Pet Injuries Get Personal

Posted by on Sep 28, 2017 in Personal Injury | 0 comments

The debate has raged for decades: are dogs or cats better animals to keep as pets? Everyone has their own opinion, usually identifying themselves like a cat or a dog person. Dogs are loyal to their owners and can protect their home from threats. They are at times playful, cuddly, and definitely soft. However, man’s best friend can also cause a lot of harm to unsuspecting victims. While a dog that is properly socialized is unlikely to bite another person, accidents do happen. A dog can be spooked by something in the environment and tear away from its handler quicker than the human can react. The results can be bloody, disastrous, and even result in death.

According to a local ABC news report in San Diego, just yesterday a pair of pit bulls escaped from someone’s yard and attacked Michael Heider, his mother, and their small Yorkie named Toast while they were out for a walk to the local post office. Michael commends the bravery of his mother who tried to literally pry the Yorkie from the jaws of one of the pit bulls, suffering multiple bites in the process. Unfortunately, Toast did not make it. Thankfully, Michael’s mother is still alive, and her bite wounds are being treated at a local hospital. The pit bulls that attacked the family were captured and are currently being held in quarantine. Michael Heider is incredibly hurt by the loss of his dog, and he wants to make it known to everyone that all pit bulls have the potential to exhibit this kind of violent behavior, no matter how much the owner claims that the breed is harmless.

Probably just as prevalent as the debate between dogs and cats, the debate over whether pit bulls should be allowed to be kept as pets are just as divisive and controversial. Some people claim the breed itself is unpredictable and that no owner will be able to completely control the temperament of their dog. Dedicated pit bull owners, however, will say that their dog has never committed an act of violence towards anyone, so therefore it must be the case that the breed is not to blame. Regardless of what is actually the case, many people do not know that they can seek a lawyer’s help if they suffer a dog bite. It falls under the umbrella of personal injury, and personal injury lawyers like these in Oceanside, a short drive from San Diego, can make sure the owner of the dog is held responsible for any medical costs associated with the bite.

Owning a dog can be an incredibly rewarding experience, but owners must take care to make sure their dog is socialized properly and that the dog’s leashes are sturdy. Understanding that accidents like this might happen and taking responsibility for them is something owners will have to accept, especially if they choose to own a controversial breed such a pit bill. Personally, I prefer cats.

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Dangerous Defects: Child Car Seats

Posted by on Jul 27, 2017 in Personal Injury, Vehicle Accidents | 0 comments

When an accident occurs, ordinary car occupants can be protected by seatbelts, airbags, and other safety measures that can be found in the vehicle. But when it comes to small children, that is not always the case. The children may be small enough to warrant additional protections, such as child car seats.

Child car seats are specifically designed to avoid injuries to their young occupants. This prevention does not just scope accidents, because even simple events like sudden stops can cause injuries to small children in the right conditions.

But there are instances where child car seats are defective, so they fail to do their only job, ultimately leading to their young occupants getting hurt. According to the website of Habush Habush & Rottier S.C. ®, negligent car seat manufacturers may be held liable for selling defective products. But what are these defects anyway?

Restraints that are too tight

Child car seats have restraints to make sure that the young occupant doesn’t go forward or ejected in the event of a collision, similar to a seat belt. But these restraints can be tricky. If they are too tight, it may actually be the cause of the young occupant’s injury, and when an accident does occur, emergency responders may not be able to extract the young occupant immediately.

Restraints that are too loose

If restraints are too tight, they are defective. If restraints are too loose, they can also be considered defective. This means that child car seat restraints should be just right. Go either way and you can already hurt an innocent child. Using a child car seat that has a loose restraint is as effective as using no restraints at all.

Defective adjusters and buckles

Many times, the restraint problems are caused by defective adjusters, or adjusters that cannot be properly adjusted to make the restraints not too tight or too loose. Also, the restraining capability of child car seats does not just rely on the restraints themselves, but also on their complementing components, like the buckles and latches. Even if a child is restrained in the right tightness, it is useless if the buckles and latches don’t work, because the restraints cannot hold their places.

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What may Look Formidable does not always Guarantee Safety

Posted by on May 28, 2017 in Personal Injury | 0 comments

In any type of business, profession or activity, the one common thing that is almost always the source of danger and injury to unsuspecting victims is negligence. Negligence has resulted to so many mistakes and accidents which, in turn, have caused damage to properties, severe injuries and even untimely death.

Severe injuries and deaths are most common in car accidents, which can be due to failure of a driver to observe traffic safety rules; dangerous road conditions; or, manufacturing mistake resulting to a defective motor vehicle or motor vehicle pars that do not comply with government and industry standards.

Car defects, in particular, can be a major threat to car owners since defects are usually never detected until these have caused an accident. The belief that “the bigger the car, the safer the passenger” is also not always true as proven after the production of the “high and mighty” sport utility vehicles (SUVs). SUVs do look formidable since these are higher and bigger compared to ordinary cars. In the event of an accident, however, there is no guarantee that SUV occupants will be safe.

The very features that make SUVs look high and mighty, though, are also the very same features that put their occupants’ lives in greater danger. This irony actually lies in the SUV’s high design, which also means higher ground clearance and narrower track width: major factors in rollover accidents. Why? Because a higher ground clearance and a narrower track width make vehicles less stable on the road and reduce their steering capacity. Thus, during collision avoidance maneuvers at fast speeds or if these slide sideways or their tires trip over an object, the chances of these rolling over is almost ascertained. Adding to SUVs’ susceptibility to rollover are cargo and the number of passengers, especially if their weight is not equally distributed inside the vehicle.

According to Tucson car accident lawyers, “Advances in technology and increased awareness of the importance of safety on the roads have, in recent years, reduced the threat posed to public health and safety by car accidents. Nevertheless, car accidents remain one of the leading causes of serious injury and wrongful death in the United States each year, and the sad truth is that far too many of these accidents could easily have been prevented.”

Furthermore, these lawyers “believe that victims of car accidents should not have to pay for the consequences that they may face if someone else was to blame for their injuries. Fortunately, through the protections afforded by personal injury law, victims may not have to. In fact, they are often entitled to financial compensation and justice that allows them to better deal with the aftermath of a car accident.”

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Spinal Cord Injury resulting to Partial or Total Paralysis

Posted by on Sep 27, 2016 in Personal Injury | 0 comments

Each year, at least 12,000 individuals acquire a spinal cord injury (SCI), adding to the more than 200,000 already suffering from this condition in the U.S.. A spinal injury is a result either of a traumatic or non-traumatic experience. A non-traumatic spinal cord injury can be caused by an infection, disc collapse, inflammation of the spine, cancer, arthritis, or other types of illness; a traumatic spinal cord injury, on the other hand, is a result of a sudden, forceful blow that crushes, fractures or dislocates a region in the vertebral column.

A spinal cord injury is damage or harm to the spinal cord or spinal/vertebral column. Since damage to the spinal cord will cut the communication between the brain and the different parts of the body, affected areas of the body, which no longer receive signals from the brain can, therefore, become paralyzed.

The brain and the spinal cord form the Central Nervous System which, in turn, is made up of nerve segments that are protected by the spinal column/vertebral column (simply called backbone or spine). To cushion and protect the spinal cord’s delicate nerve tissues, the Cerebral Spinal Fluid (CSF) encircles it, keeping it undamaged despite impact; protection is only possible, however, if the impact is not extremely forceful.

The excessive force that a gunshot, a motor vehicle crash, a slip and fall or a sports-related accident causes can be serious enough to cause disability or even death. Injuries resulting to disability can result either to Paraplegia (partial paralysis) or Quadriplegia (total paralysis).

Paraplegia is characterized by loss of function and control on one side of the body. There are certain cases wherein a person suffering from paraplegia remains to have sensation on the paralyzed part of his/her body, In Quadriplegia, on the other hand, the parts of the body that are paralyzed or where functions and control are totally lost depends on the part of the spinal cord that has been injured. This means that the higher the area of the injury, the greater the extent of paralysis

Partial paralysis, which is almost half of all the cases of spinal injuries, may also be a result of medical malpractice or a mistake committed by a professional healthcare provider. As explained by the Zavodnick, Zavodnick & Lasky, LLC, it is more possible than not, that if anyone is suffering from a spinal injury, ssuch injury was sustained due to someone else’s negligent or reckless acts. Under the law, victims of personal injury ought to be compensated by the person, firm (or whatever entity) that caused such injury. Pursuing legal action against the negligent party is often necessary in seeking compensation.

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Defective Airbags

Posted by on Apr 26, 2016 in Personal Injury | 0 comments

Jacksonville, Florida resident Patricia Mincey, who has sued Jacksonville-based Honda Motor Company, Duval Motors and Japanese auto parts manufacturer Takata Corp., which made the defective airbags that her vehicle was in possession of, which caused her back to break after said airbags had exploded during a crash two years ago and made her a quadriplegic, recently passed away.

Mincey’s case against the companies would be rescheduled for trial on Aug. 15, 2016 in Duval County.

Attorneys for the family said they had uncovered overwhelming evidence that Takata falsified test results regarding their airbags, but never informed Honda about said test results, and that what the attorneys discovered gave credence to their lawsuit alleging that Takata knew about the defective airbags in 2001 and Honda learned about them in 2004, but neither of the companies immediately issued a recall.

Palm Beach Gardens attorney Ted Leopold, who is employed at a Washington, D.C. law firm that is handling the case, said Mincey’s death is related to the 11 fatalities he knows of which had been the direct result of the defective airbags in the Hondas manufactured in the United States, noting, “Takata knew that millions of vehicles would be driven with defective airbag inflators and vehicle occupants would be killed, or, like Patricia Mincey, seriously injured…the only thing the company did not know was the names of the people who would be killed or injured and the date those incidents would occur.”

According to documents analyzed by Reuters, Takata’s plant in Mexico had a defect rate that was “six to eight times above” acceptable limits, meaning there had been around 60 to 80 defective parts for every 1 million airbag inflators shipped.

Takata, meanwhile, denied allegations that they had prior knowledge of such defects, and said that such reports ae “fundamentally inaccurate” and “unfairly impugned the integrity of Takata and its employees”.

Attorneys at Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. say that Takata is currently facing civil fines of $14,000 per day for not cooperating with federal investigation regarding the defective airbag inflators. As of April 14, 2016, there are still 85 million Takata airbag inflators in the U.S. that have yet to be called, information on the website of the LaMarca Law Group, P.C. shows.

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Limousine Car Accidents

Posted by on Apr 21, 2016 in Personal Injury, Vehicle Accidents | 0 comments

Edgerton, Wisconsin-based limousine company Lyons Limousine and 20-year-old Janesville resident and driver Aaron Nash are being sued by 45-year-old Michael Johnson and 53-year-old Robert Rosa, both of Fitchburg, who are among those injured in a fatal accident that occurred on March 25, 2016 as Nash was driving Johnson, Rosa, 53-year-old Monona resident Terri Schmidt, 59-year-old Monona resident Kevin Schmidt, 61-year-old Verona resident Louis Corning, and 64-year-old Verona resident Donald Corning to Chicago, Illinois’ O’Hare International Airport for a vacation in Mexico.

The lawsuit, which was filed in the Cook County Circuit Court last Thursday, April 14 and which alleges five counts related to personal injuries received from negligence, also identifies Lyons Limousine owner Patrick Lyons and another company Nash works for, Zenith Limousine, as defendants.

The limousine flipped over and killed Terri Schmidt when Nash hit a construction barricade on the Illinois Tollway near Elgin. Police said Nash told them that he was blinded by the sun, causing him to not see the traffic pattern.

According to federal law, a person needs to be at least 21 years old to be allowed to drive commercial vehicles such as limousines. Federal authorities said on Tuesday, April 5 that they had shut down the operations of Lyons Limousine after investigations into the deadly accident uncovered that it was guilty of several violations.

According to the United States Department of Transportation Federal Motor Carrier Safety Administration, “Lyon Limousine’s use of unqualified and underage drivers with poor driving records, lack of inspection, repair and maintenance records, and complete disregard of the hours-of-service regulations substantially increases the likelihood of death or serious harm to drivers, passengers, and the motoring public if not discontinued immediately”, with Federal Motor Carrier Safety Administration spokesman Duane DeBruyne adding, “The immediate aspect is the company is not allowed to operate”.

The website of the Clawson & Staubes, LLC: Injury Group says that since limousines are large vehicles with a wide turn radius, they probably are susceptible to big blind spots. Also, because of its size, limousines have a smaller space or room with which to stop in case its driver followed the vehicle preceding it too closely, or if its driver gets distracted by the phone or the global positioning system; this means limousines are more prone to crash as compared with smaller vehicles, adds the website of Karlin, Fleisher, and Falkenberg.

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