Posts by Karen


Pennsylvania Dog Bite Accident


Posted By on Aug 5, 2017

Dogs are typically seen as man’s best friend. They are exceedingly loyal and loving creatures, and they make a great addition to any home. However, all owners are responsible for knowing their dog’s personality and training appropriate behaviors in any situation. Despite years of domestication, dog’s are still animals, with their own ability to make decisions and react rashly to any situation. It is essential that owners take the time necessary to fully understand their dog’s needs and to ensure that they protect their pet and nearby people from stressful situations that may lead to a serious dog bite. When owners neglect these duties, serious accidents can occur that can change a person’s life permanently. Just ask the parents of Kaydence Jakubowski, a 4-year old girl who was mauled by a large dog.

In July of 2017, Kaydence and her family were enjoying themselves at a party with good friends, when a large Akita got loose from its kennel and attacked the young girl. Both the family and the owners believe this to be an entirely unprovoked attack, but the dog is facing euthanasia as a result. Kaydence’s parents rushed her to a nearby hospital in Plains Township, Pennsylvania with significant facial and neck wounds. Although she was released that night with a few stitches and antibiotics, the injuries were far worse than the doctor’s originally realized. The next day Kaydence was unable to walk as a result of her injuries, and she was rushed to the Children’s Hospital of Philadelphia after suffering a stroke. Kaydence is still at CHOP in critical condition fighting a blood clot near her brain stem and a carotid artery aneurysm. As a result of this accident, the right side of her body is paralyzed, and there is a puncture in her vocal chords which may affect her ability to speak. The owner of the dog who attacked is immensely apologetic about the incident. Rather than undergo an investigation under Pennsylvania’s dangerous dog laws, he has decided to euthanize the animal and put the issue to rest.

No one should have to face the terrifying results of a serious dog bite, especially not the parents of a young child. In cases such as this, it is easy to label the dog the creature at fault and even possible to extend this label to a dog breed as a whole. However, we must remember that it is the owner who has the true responsibility for their dog’s actions. Whether it was an inadequate kennel or a lack of supervision that allowed this incident to happen, all of this could have been prevented if the owner took appropriate precautions with their dog.

Although nothing will fully heal a family after a tragedy such as this, at the very least, they can receive some financial assistance to manage the cost of medical bills and other long-term expenses. The Pennsylvania law firm Munley Law states that they are prepared to help individuals who have suffered from a dog bite and require financial compensation. Hopefully, Kaydence and her family will find the lawyer they need to recover after this accident.

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Drowning Accidents


Posted By on Jun 11, 2017

According to the Centers for Disease Control and Prevention (CDC), from 2005-2014, the annual average of non-boating related fatal unintentional drownings in the U.S. was 3,536 (the yearly average of drowning in boating-related incidents for the same years was 332). Drowning, rather than traffic accidents, is the leading cause of accidental death among children below five years old. Swimming pools are the most common places of fatal unintentional drowning for children under five, while the most common places of drowning for adults older than 85 and children under age 1 are bath tubs and, for older children and younger adults, common places of drowning are rivers, lakes, oceans and other types of natural bodies of water.

There are many different factors that can cause drowning accidents (children and adults), but the ones most commonly cited are lack of pool barriers that would prevent children from gaining access to the pool area, failure to closely supervise children, lack of basic swimming skills, failure to wear a life jacket while boating, intoxication due to alcohol use, and seizure disorders.

Drowning, in the worst of circumstances, can result in the wrongful death of a loved one, leaving a family mourning. Even in situations where it does not result in fatality, a person who nearly drowns can suffer permanent disabilities due to the repercussions of drowning. This is because non-fatal drownings can cause injuries which are serious enough to alter a person’s life. One example of a non-fatal drowning injury is severe brain damage which can lead to long-term disabilities, like permanent loss of basic functioning (wherein a person ends up in a vegetative state), memory problems, or learning disabilities.

In public pools or resorts many fatal drowning accidents occur due to the fault of the person who owns or manages the resort. An owner’s or manager’s lack of initiative to have lifeguards, allow pool drains to remain uncovered, and allow the installation of  poorly designed pool safety features are just a few of the factors that increase the risk of drowning accidents. A person whose action or lack of action leads to a drowning accident makes that person accountable for the harm suffered by a victim; he or she may also be held legally accountable and be required to compensate the victim (and his or her family) for whatever damages such victim has been made to suffer.

As explained by a Boston personal injury lawyer, due to their lack of experience and inherent physical vulnerabilities, children are much more prone than others to suffer serious injuries in the case of an accident. Whether in a car accident, on an unsafe premise, or from negligent supervision, the irresponsible actions of other people have the potential to cause great harm to children in particular.

Your child should not suffer from someone else’s negligent actions. Regardless of the injury, your family is entitled to legal action to help your child recover. Thus, if your child has sustained an injury through the fault of someone else, know that there will always be a legal team that can help you hold negligent supervisors, irresponsible drivers, or anyone else responsible for your child’s injury, financially accountable.

 

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Impairment is the primary reason why drunk-driving is considered a major traffic offense. It makes a person less sober, resulting to slower reflexes. Besides this, impairment also affects a person’s judgment, perception, coordination, reaction time and general ability to focus on the road.

In 2013, as many as 1,171,935 individuals were arrested and charged with DUI in the U.S. In 2010, the number of arrests went as high as 1.4 million, based on records from the Centers for Disease Control and Prevention (CDC). With these huge figures it may be considered a relief that only a little above 10,000 die in car accidents due to alcohol impairment. Authorities attribute the reduction of alcohol-impaired drivers to stricter laws, the zeal of traffic enforcers in implementing these laws, and the efforts of private groups, such as the Mothers Against Drunk Drivers (MADD) which, since 1980, has helped in the passing of new DUI laws, like the Zero Tolerance law that prohibits those below 21 from having in their blood system any measurable amount of alcohol while driving, and the Administrative License Revocation (ALR) law, which authorizes an arresting officer to confiscate the license of drivers who refuse to take or fail a breath test.

In some states, the charge imputed on impaired or drunk drivers can be driving while intoxicated (DWI) or driving under the influence (DUI). However, in states where these acronyms are used separately, DWI refers to intoxication due to alcohol, while DUI refers to being under the influence either of alcohol or prohibited drugs.

In all US states, driving with a blood alcohol concentration (BAC) level of 0.08% or higher is a crime (the BAC limit for commercial drivers is 0.04%, while for those below the age of 21, it is zero tolerance, meaning they can be charged with DUI or DWI no matter how low the level of BAC in their blood is). First offenders are usually charged with a misdemeanor, granted that no one was injured or killed while driving under the influence. In such case killing or injuring someone, or if the BAC level was higher than 0.08% or if the offense were already the third or fourth violation, then the charge would be raised to something more serious: DWI felony or DUI felony.

In alcohol-impaired driving cases, drivers who are suspected of driving while intoxicated can be pulled over by police officers and asked to take a breath-screening test, also known as the Alco-Sensor test – the purpose of which is to determine the possible presence of alcohol in a driver’s breath. A positive result can lead to an arrest and once a driver has been taken to a precinct, he/she will be required to undergo a second test, which is a chemical test of his/her saliva, urine, blood and/or breath (using an instrument like the AlcoTest, Intoxilyzer, DataMaster or Breathalyzer) to determine his/her BAC level. Refusal or failure to submit to this second test can result to revocation or suspension of his/her license – this is based on administrative license suspension laws from his/her state’s Department of Motor Vehicles (DMV). (Submitting oneself to a chemical test, if suspected of driving while intoxicated, is one of the conditions of licensure as stipulated by the DMV. Thus, a license implies that a driver has implicitly consented to the chemical test that is required by DMV). Administrative license suspension laws are observed in the District of Columbia and in 41 other US states.

If convicted of DWI or DUI, a driver may also be required to have an ignition interlock device (IID) installed in his/her vehicle. The IID device is wired to a vehicle’s ignition; it will require the driver’s breath sample and will only enable the engine to start if no alcohol is detected in the driver’s breath. The device also requires periodic breath tests (while the vehicle is being driven) to make sure that the driver is continuously free from the influence of alcohol.

Furthermore, the court may require DUI or DWI offenders to fill out an SR-22 or Certificate of Financial Responsibility (CFR) form (also known as FR-44 in some states) to enable them to enjoy their driving privileges again (this is if their license has been suspended). This requirement usually lasts for three years and one effect of this is higher vehicle liability insurance premiums.

Camden DUI attorneys explain that “Many people, who are arrested for driving under the influence (DUI), often claim that they have only had a few drinks or that they are not intoxicated, despite what a breathalyzer may say. Unfortunately, these common excuses do not often hold up in a court of law.

Alcohol-related charges have serious consequences, and a conviction for such a crime can dramatically affect you for the rest of your life. Thus, if you have been charged with a DUI, it may be best to call a DUI defense attorney as soon as possible to start preparing a valid legal defense that will save you from further legal problems.”

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Common Slip and Fall Injuries


Posted By on Feb 1, 2017

Property owners are legally obligated to make their premises safe. If another person has been injured or killed because of their failure to make their properties safe, they may be taken to court. This is called premises liability.

Slip and fall accidents are some of the most common forms of premises liability issues. In fact, the issue is taken so seriously that there are law firms in America that focuses on such accidents, like the Bruner Law Firm.

Below is a list of the most common injuries you can get from slip and fall accidents, so you can know how serious these accidents can be.

Head injuries
If you slip or fall, there is a big possibility that your head will contact another surface. The most severe cases of head injuries involve traumatic brain injuries, which are commonly sustained on slips and falls from high places. Head injuries have the capability to limit your cognitive and sensory functions.

Spinal cord injuries
Spinal cord injuries that result from slip and fall accidents often occur after tremendous force in the back. The closer to the brain the spinal cord injury is, the more serious the consequences. These kinds of injuries may cause total or partial loss of motor and sensory functions.

Fractures
The impact of a slip or fall can have enough force to break bones, particularly in the arms, legs, hips, hands, and feet. The elderly population is more vulnerable to fractures because their bones are generally weaker because of age.

Sprains
Sprain is an injury that refers to the twisting of the ligaments, particularly in the joints. The body parts most vulnerable to sprains are the ankles, knees, and wrists. This is often caused by trauma, which can be sustained on the impact of slips and falls.
As you can see above, injuries from slip and fall accidents can vary widely. They can be life-changing injuries such as paralysis caused by spinal cord problems or relatively minor inconveniences such as twisting and stretching of ligaments. It is almost devastating to think that you can be harmed because of the negligence of property owners.

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Kinds of Burn Injuries


Posted By on Jul 12, 2016

Burns are among the most painful types of injuries a person can experience. Depending on how severe a burn injury is, the usual results range from blisters to disfigured skin or even death.

Most burn-causing accidents happen in the home rather than in the workplace or anywhere else. Records from the National Burn Repository (NBR) of the American Burn Association (ABA), show that 73% of all burn accidents in the U.S. are household-related and the most common victims are children and senior citizens

There are different kinds of burn injuries, each kind being based on what caused the burn injury. Based on this, there is:

  •  Thermal or heat burn injury, which is caused by heat from the steam from boiling water, hot tap water, hot food or drink, hot grease/oil, curling iron, flat iron, fire, firework, and flammable liquids. When caused by boiling water or very hot liquid, the resulting injury is scald, which is most commonly suffered by children and senior citizens;
  • Chemical burn injury is caused by strong acids and bases. Chemicals used in pools, ammonia, car battery acid, cleaning products, drain cleaners, and teeth whitening products and are a few of the common products that cause chemical burns.
  • Electrical burn injury may be due to electrocution, getting struck by lightning, contact with power lines, or short-circuiting devices. An electrical burn can cause a life-threatening internal injury.
  • Radiation burn injury causes damage to the skin or tissues. This happens after being exposed to radiation. The different types of radiation burn include sunburn, ionizing radiation, thermal radiation, radio frequency energy, and nuclear radiation.

According to The Benton Law Firm, burn injuries leave long-lasting scars and injuries that can often be fatal if serious enough. Bringing a claim against the negligent person who caused the burn injury, may help the victim recover damages for medical expenses and any related expenses such as lost wages or future earnings.

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