Dallas Personal Injury Lawyer - Texas

Texas On-Track for Record Drownings in 2009

Jeff Rasansky — Wed, 01 Jul 2009 09:41:44 GMT

Every couple days, Texas is reporting a new drowning victim. So far this year, 50 children have died from drowning, a number nearing the record-high 82 deaths from last year. Last week alone, 7 child drowning incidents were reported. At the current pace, the record will surely be eclipsed.

These deaths pose the question of whether these incidents may be attributed to negligence or accidents. Although there is no exact definition in determining the difference, once can infer from the facts how the death was caused.

In determining the liability involved in drowning cases, one must first determine the premises liability law. Most states distinguish between a trespasser, licensee, and an invitee. A person’s ability to recover damages for an injury or drowning occurring on another property first requires a judge to determine which category you are placed into.

Also, many states and cities, including Dallas, have passed laws requiring property owners to build fences around their pool. These fences prevent children from accidentally wandering into the pool. Failure to build a fence in these states can result in liability, either negligence or strict liability. Many houses in Dallas either do not have a protective fence, or negligently forget to keep it locked. Simply putting up a fence or locking an existing one aids in preventing numerous drowning cases. Not having a safety fence can result in a negligence case brought upon you.

Another negligence issue involves improper supervision. Parents and facilities who leave children unsupervised, even for as little as couple minutes, are negligent in their supervision duties. It does not take much time for a child to drown; the shortest amount of time spent alone can have severe repercussions. Negligent pool owners are responsible if anyone is injured or drowns at their pool because of their failure to act carefully, reasonably, and a lack of caution.

Many cities enact laws requiring pool owners to take a much greater duty of care in protecting users of the pool. People who injure themselves because of a lack of warnings or an owner’s failure to take proper safety precautions increase the opportunity of filing lawsuits.

Parents should always be aware when children are swimming and not leave them unattended. Regardless of having multiple children around, parents should be close and watching to ensure the safety of all children. “Children should never be left unsupervised for any length of time in or around water, because the results can be devastating in a matter of minutes. If you can’t see them, you can’t save them,” said Sasha Rasco, the department's assistant commissioner for Child Care Licensing.

Originally posted at InjuryBoard by Jeff Rasansky

18-Wheeler Jackknifes on I-35E in Dallas, Hits Motorists, Flips, Crashes, Burns, and Kills

Jeff Rasansky — Wed, 24 Jun 2009 17:12:23 GMT

About 1pm this afternoon, an 18-wheeler truck struck two parked cars on the shoulder of the southbound side I-35E in Dallas, Texas, then jackknifed, went through concrete barriers, flipped, crashed, and then caught fire in what is sure to be one of the most traumatic and deadly truck wrecks to occur recently in Dallas.

Pictures and helicopter views of the charred big rig are astounding - very little is left of the truck. The other two vehicles are unidentifiable in the carnage of this accident. I-35E was shut down while emergency crews cleared the scene; at this point, one woman did not survive the accident.

Our question is simple: why did the truck hit two parked cars on the shoulder? The accident occurred just north of the George Bush Turnpike where I-35 was been recently redone - the shoulders are fairly wide and the roads in good condition. Was the truck driver under an influence, whether exhaustion or some substance? Had the driver been driving too long? What other possible causes could exist for this senseless - and possibly needless - wreck?

Our Texas truck accident lawyers would love to find out.

Originally posted at InjuryBoard by Jeff Rasansky

North Texas Nursing Home Abuse: A Huge Problem

Jeff Rasansky — Thu, 09 Oct 2008 15:20:09 GMT

Around 1/4 licensed nursing homes in Dallas County have been cited for violations of state and federal standards that put residents in harms way. In Denton County, around 1/6 of the nursing home facilities had similar problems documented in their last annual inspection, according to the Texas Department of Aging and Disability Service's Web site. In Tarrent County, around 1/7 did. In Collin County, around 1 in 13 Nursing homes had considerable problems.

Amazingly (or disappointingly) most North Texas nursing homes were cited for some form of violation. These numbers are consistant with national numbers that found around 90 percent of nursing homes in Texas and 91 percent nationwide have been cited for deficiencies.

The report found that 17 percent of nursing homes nationwide had more serious types of problems. These deficiencies don't surprise those advocates of nursing residents, who say that facilities by and large are under funded and rely on poorly trained/under paid employees.

Around 90,000 people lived in 1,175 nursing homes in Texas in August, according to the state figures. Experts believe that these numbers will rise as the baby boomer population ages. The question is: how can we be assured that our loved ones will be okay, when these numbers clearly indicate that the odds are high that they will be put in harms way?

These facilities AREN'T cheap. In fact, many of them can cost upwards of $350 a month! Something must be done, and soon. Legislation MUST be changed so that these facilities are punished much more severely for their violations. Our loved one's lives are at stake here!

Originally posted at InjuryBoard by Jeff Rasansky

Hot News Topic: Puppy Dealer Sued For Failing to Disclose Health Problems

Jeff Rasansky — Thu, 18 Sep 2008 15:53:57 GMT

I found a story online today that I found to be quite interesting. Apparently, investigators found that a North Richland Hills business was selling ill and imported puppies! The customers of Epuppypro and LoBoPuppies thought they were buying healthy puppies when they purchased them, however, the Attorney General’s office is saying that it just wasn’t true.

One family purchased a puppy they found on the internet from LoBoPuppies.com. They paid $2,000 for a tiny bulldog but were suspicious when they never received their certification papers. When her bulldog came in it was undernourished, infected and missing its hip sockets.

Next thing you know, the Texas Attorney General’s Office was suing Epuppypro and LoBoPuppies for violating the deceptive trade practices act. The company’s are now under a restraining order and are being forced to repay owners for damages incurred.

How many people out there own a puppy that came from horrible conditions? These people are terrible!

What do you think about this? How many places in North Texas are running similar puppy mills?

Originally posted at InjuryBoard by Jeff Rasansky