Dallas Personal Injury Lawyer - negligence

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

Dallas Wrongful Death Attorney: Who will you call?

Jeff Rasansky — Mon, 22 Sep 2008 16:35:07 GMT

A wrongful death takes place when an individual is killed as a result of the negligence pf another individual. A lawsuit for wrongful death may only be brought by the personal representative of the deceased’s estate. However, the damages that may be awarded to the estate may be passed to various parties, depending on how the deceased’s will is set up.

For a wrongful death to have occurred, the following four elements must be present:

· The death of another human being
· A death caused by another person’s negligence
· monetary injury suffered by the family of the deceased
· The appointment of a personal representative for the decedent's estate

A wrongful death claim may arise out of a number of circumstances:

· Medical malpractice
· transportation accidents
· Occupational death

Some of the types of cases related to wrongful death that attorneys handle include:

· Auto accidents
· Truck accidents
· Motorcycle accidents
· Work-related deaths
· Deaths that result from defective products
· Deaths that result from dangerous drugs
· Medical malpractice
· Drunk drivers

Financial loss is the fundamental source of damages in a wrongful death action. Financial damages may include loss of support, inheritance, services, and medical and funeral expenses. Many laws are structured so that the compensation for wrongful death is fair and just.

Dealing with a loved ones death can create a large amount of emotional turmoil. If your loved one has died as the result of someone else’s wrongdoing, an experienced wrongful death attorney can aid you in determining whether or not you have a wrongful death case.

The statute of limitations surrounding the filing of a claim, vary by state. Because of this, we highly suggest you seek legal representation from an attorney knowledgeable of laws for the state in which your loved one died. Generally, the time limit for filing a wrongful death claim depends on who and what caused the death; typically, the limit is two years from the date of accident or death.

Originally posted at InjuryBoard by Jeff Rasansky

What is a Wrongful Death Claim?

Jeff Rasansky — Mon, 15 Sep 2008 10:45:29 GMT

What is a wrongful death claim?

A wrongful death lawsuit is a claim that is brought against a person who may be held liable for a death. This is a claim that is brought in a civil court and is typically brought by the relatives of the deceased. In order for a wrongful death claim to be successful, the plaintiff must prove:

The death was caused by the actions of the defendant
The defendant was liable for the death
There is someone surviving who may collect damages
There was financial loss as a result of the death.

Who can sue in a wrongful death claim?

Those who are entitled to sue for wrongful death are determined by each individual state and its respected statutes. Most statutes indicate that a surviving spouse or next of kin may bring the wrongful death claim. Children may bring a suit for the wrongful death of their parents and vice versa. There are certain exceptions to this rule, however.

Are there limitations on the recovery of damages?

Some states will place a limit on the amount of money that may be recovered. Many state and local governments have a specific cap on the amount that may be recovered, while others do not. It depends on the particular state. Employers who carry insurance from their employees are often immune from negligence suits.

Another good resource for learning about wrongful death claims is located at http://en.wikipedia.org/wiki/Wrongful_death.

We hope this was helpful! If you have any further questions please don’t hesitate to fill out the contact box to the right of this article, and someone will contact you right away.

Originally posted at InjuryBoard by Jeff Rasansky

Two Incidents of Negligence Appear in National News

Jeff Rasansky — Tue, 01 Jul 2008 15:28:44 GMT

Two separate deaths have risen more than a few eyebrows about the responsibilities of healthcare systems. Recently, a video was released of a woman dying on the floor of an emergency psychiatric room in Brooklyn, New York, while nearby people ignore her.

The appalling video shows a 49-year old woman keeling over and falling out of her chair on June 19. After thrashing around on the floor, the woman eventually goes still and dies.

An entire hour goes by before someone realized what was happening. So far, the agency that runs the municipal hospital fired several staffers as a result of this horrible negligence. So far, it doesn’t appear that any sort of claim or charges have been filed.

And earlier this month, Adrienne Lemons was placed in a Tarrant county jail as a result of unpaid traffic tickets. Ten days later she was taken to John Peter Smith Hospital, where she died.

Although a spokeswoman for the hospital declined to comment, Lemons’ ex-husband says that she had a staph infection and was supposed to be taking antibiotics during her incarceration. She had earlier complained about pain near her shoulder at the jail and even threatened to cut her wrists rather than endure the pain. The response?

Adrienne was shuttled off to a solitary cell downtown, where she died.

These are both cases of negligence that must be examined closely. It is unacceptable for anyone to die while in the care/supervision of these facilities.

Originally posted at InjuryBoard by Jeff Rasansky