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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

Young Girl Chokes to Death at Dallas Daycare

Jeff Rasansky — Mon, 03 Nov 2008 11:14:38 GMT

A child has died after being found unconscious while under day care supervision in Dallas. While her death was ruled accidental, her family is still completely shocked and angry.

Isabella Estep was pronounced dead after being transported from the Woodbridge Day School to Baylor Medical Center in Garland. Sources report that she somehow swallowed a rock and choked while inside the day care. At this time, we are unsure of WHO was responsible for her supervision. However, one thing is for certain:

Isabella should not have died.

This is something that was completely preventable. Sources report that the day care employees believed that Isabella was taking a nap at the time of her death. It took them TEN MINUTES to realize that something was wrong. And how could she be left unsupervised long enough to choke on the rock and no one notice???

The owners of the day care center made a statement to the press that they were concerned and devestated by the death. I'm sure no one is more devastated than the family of young Isabella. This is is DAYCARE NEGLECT. A problem that has become more and more prevelant as daycares become increasingly lackadaisical in their practices.

Someone must be held accountable for this tragedy. Our hearts go out to the Estep family in this difficult and tragic time.

Source: wfaa.com

Originally posted at InjuryBoard by Jeff Rasansky

New 18 Wheeler Accidents Yet Again Raise the Need for More Industry Regulation

Robert Wolf — Mon, 18 Dec 2006 14:45:45 GMT

Two new deadly 18-wheeler accidents, which have occurred in consecutive days along I-20 (which connects Louisiana and Texas, among other states), raise new concerns over 18 Wheelers and the lack of regulation for this industry.

How many more people are going to have to be seriously injured or killed before there is a loud enough public outcry such that state (and federal) legislatures will take note and make some real changes?

According to KTBS (Shreveport, Louisiana's local ABC affiliate), a four month old baby boy iwas killed and his mother was critically injured after their car was rear ended by an 18 wheeler which exploded into flames.

Police say the driver of the 18 wheeler, 51 year old Milton Dawkins slammed into the back of the Lincoln that had either slowed down or stopped in the left hand lane just before some construction on the interstate. The four month old boy was strapped in a car seat in the back seat.

The parents of the young boy are identified as 26 year old Claudia Salley and her husband 26 year old Jamey Salley, both from Sabine Parish. A pick up truck was also hit the accident. 62 year old Charles Grippando and his 67 year old wife Wyna were inside but they were not seriously hurt. The driver of the 18 wheeler, Milton dawkins, was taken to the police station. Authorities don't think alcohol was involved, according to the report.

Then, another horriffic accident occurred the following day, also along I-20.

A woman is dead tonight and another man is in critical condition after another tragic accident on Interstate 20.

Officers say traffic was at a halt because the department of transportation was repainting white lines on the eastbound lanes of I-20. A Ford Taurus was stopped on the interstate east of Louisiana Downs when the driver of a tractor trailer plowed on top of the car. The female driver was killed instantly. The man in the passenger seat was airlifted to LSU Hospital.

Originally posted at InjuryBoard by Robert Wolf

Police Chief to Restrict Officer's Speed After Cole Berardi's Death

Jeff Rasansky — Fri, 24 Oct 2008 12:37:49 GMT

The Dallas Police Chief has decided to restrict the speed of his officers to no more than 20 mph over the posted limit, unless it is a case of another officer needing assistance. The police have been ordered to never exceed the posted speed limit in neighborhoods or school zones, regardless of the call.

This decision comes nearly a week after a fatal crash that killed a 10 year old on his bike. The public has been outraged over the boys death, as it appears the officer who struck him was speeding. Worse still, is the fact that he was going 72 mph without his emergency siren or lights on.

The video from Officer Michael Vaughn's dashboard camera reveals the horrible images of young Cole Berardi being killed. Berardi's family said that they would attain the dashcam video through their attorney and weren't interested in viewing it.

This is a horribly tragic event and our hearts go out to Cole's family during this very difficult time. We will update you as the story progresses.

source: wfaa.com

Originally posted at InjuryBoard by Jeff Rasansky

Yet Another Child Dies After Being Left in Hot Car

Jeff Rasansky — Tue, 29 Jul 2008 11:18:01 GMT

The Texas heat and someone’s negligence have taken another life in north Texas this week. This comes less than a week after a similar event occurred in Oak Cliff. A toddler died on Sunday after being left inside a hot care for over an hour. Emergency personnel were called around 3 p.m., when the temperature was reaching around 101 degrees.

Apparently, a family had spent the afternoon at a water park and on returning, members had forgotten to remove 16-month-old Markus Lewis. Somehow, young Markus was left behind to die in the veritable oven that is a hot car in the Texas summer.

“The mother went out to the van, and that’s where the child was—inside the van with the windows up,” Sgt. Griggs of the Denton County Sheriff’s office said. “The child was unconscious.”

Although emergency workers began CPR and arrangements were made to fly Markus to a hospital, ultimately, nothing could be done. It was too late. Markus was taken to Children’s Medical Center of Dallas, where he was pronounced dead. Officials have still yet to determine if his parents will face charges of negligence.

It seems as though every year another child is left in a hot car in north Texas and killed. We believe that in order to effectively combat this growing threat, we must raise awareness within the community. Hopefully then people will realize that one death in a hot car is too many.

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

Unarmed Man Killed by State Trooper - $1 Million Settlement

RLF Staff — Tue, 27 Feb 2007 06:05:34 GMT

Joseph Erin Hamley, who had cerebral palsy, was shot while officers searched for a Michigan prison escapee. Police have signed an agreement with Hamley's estate that's dependent on the state's approval of $1 million for the settlement.

Arkansas governor Mike Beebe requested $1 million of the state's surplus funds to be appropriated for a settlement to the family of a man shot and killed by a state trooper last year.

Joseph Erin Hamley, who had cerebral palsy, was shot while officers searched for a Michigan prison escapee. The escapee, Adam Lee Leadford, 18, had eluded police for two days before being captured March 7.

Trooper Larry Norman was charged with negligent homicide in Hamley's death, and a trial is scheduled for March 26. Norman has been on medical retirement and has pleaded not guilty. If convicted of negligent homicide, Norman would face up to a year in jail and a $1,000 fine.

State Police Director Col. Steve Dozier said police have signed an agreement with Hamley's estate that's dependent on the state's approval of $1 million for the settlement.

Originally posted at InjuryBoard by RLF Staff

Child Left in Hot Car Dies in Oak Cliff

Jeff Rasansky — Tue, 22 Jul 2008 10:39:58 GMT

A toddler passed away on Monday afternoon after being left inside a hot car in Oak Cliff. Police are investigating two different daycare centers that may have been involved in this incident. Parents are reporting that the child went to Tyne Gifted Achievers.

Despite some parents defending this institution, state officials have painted quite a different picture. Apparently, the two locations in question have been inspected over 11 times over the past year and 32 violations have been found. In February, and investigation by the department found 17 children in a van with only one adult. The adult did not have first aid training and the children were found to be without safety belts.

So far police are questioning the 32 year old man who brought the child in. No charges have been filed at this time.

At this time of the year, it is not uncommon for the Texas heat to push temperatures into the triple digits. Cars can become ovens in the sweltering heat. Children should never be left alone in these conditions. Serious injury and even death are likely to occur as a result of the severe heat. According to the Department of Geosciences at San Francisco State University, there have already been 20 deaths this year as the result of children being left in hot cars.

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

Some Statistics Regarding Hot Car Deaths

Jeff Rasansky — Wed, 30 Jul 2008 17:18:54 GMT

Last week I blogged about two tragic cases here in North Texas where infants died after being left in hot cars. At one point, I cited some research done at San Francisco state regarding these deaths. Afterwards, I was lucky enough to be put in touch with a consultant and researcher by the name of Jan Null, to tell me a little more about why these infants are dying.

Here are some highlights of what Mr. Null told me:

This year, there have been 23 children have died from hypothermia (heat stroke) after being left in hot cars.
There have been 387 hot car deaths (that’s an average of 36 per year).
50% of those deaths are a result of children being left by a caregiver
30% of those deaths are the result of children playing in hot cars
20% of those deaths are after a child was left intentionally in a car.
In just 10 minutes, a car left out on an 80 degree day will raise in temperature by 19 degrees.

I asked Jan what can people do to prevent this from happening to their children and he told me that it is often a good idea to keep a “reminder”, such as a briefcase or teddy bear in the front seat while the child is in the back. He also said that children need to be taught that a car isn’t a play area.

Of all the states where these events have occurred, Texas and Oklahoma have the highest number of recorded incidents. So, please do your part and spread the word about how dangerous hot cars can be.

For more information, you can visit Mr. Null’s website at http://ggweather.com.

Originally posted at InjuryBoard by Jeff Rasansky