Personal injury on the playing field: Family sues Easton for son’s deaf ear
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Personal injury can happen anywhere, and a baseball field is no exception. Last May, Chicago boy Jake Schutter, 11, was struck in the head as an opposing teammate catapulted a baseball toward him using Easton’s metal bat. Schutter suffered instant trauma to the head, falling to the ground immediately and resulting in the boy’s deaf left ear, according to The Herald News.
The family of the boy is now suing Easton in federal court, claiming the opponent’s metal bat was responsible for their son’s injury. The family argues that Easton’s metal bats are designed to project baseballs across playing fields at great velocity, preventing young players from reacting to oncoming baseballs. Children’s sports injuries can be all too common as a result.
The alleged “trampoline effect” of a metal baseball bat is designed to send baseballs sailing into the air, which is why the bats are so popular in Little League games. The metal bats allow players to project a baseball clear across the playing field, but that’s precisely why attorneys for the Schutter family say they’re dangerous.
When flying baseballs make contact with an opposing object, such as a young child’s head, it can result in a severe personal injury case like Schutter’s deaf ear, or even worse, traumatic brain injury.
Parents can be proactive with their children as they engage in sports-related activities. Nobody can fully prevent accidents from occurring, but there are certain measures you can take to help prevent future injury.
Before your son or daughter engages in any sport, consider the following tips that help to prevent sports-related injuries.
Make sure your child is in proper condition for sports. Be sure your child is healthy, and understands the game he/she is engaging in. Make sure your child understands what dangers are involved in the game and how to avoid them, if possible.Work with the child’s coach. Parents can communicate any uncertainties to the child’s coach, who can take proactive measures thereafter. For instance, if you’re concerned your child is using metal baseball bats in their Little League practice, speak to the coach and ask for alternatives such as wooden or durable plastic bats instead.Provide proper equipment to your child. Safety equipment like knee pads, wrist guards, and especially helmets can prevent a child’s catastrophic injury.Ask for medical supervision. For many sports activities, it’s important to have medical supervision within close proximity of the playing field. For traumatic injuries like Schutter’s, having medical attention readily available is important since catastrophic injuries require immediate emergency care. Every sports event should be covered by licensed medical personnel.Whether your child has been injured on the playing field or not, it’s important to talk to a San Diego personal injury attorney who can help evaluate your case. Our personal injury lawyers provide free and private consultations that give you and your family a sense of direction during this difficult time. We can help your family seek justice for your child’s injury. The first step is calling us now—contact us by phone or email for your free consultation.
1 in 4 Trucks in Texas Unsafe and Shouldn't Be On the Roads!
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Posted on July 16, 2011 by Morgan Adams
Roadcheck was in June and results are starting to be reported. So how did Texas do? On an ANNOUNCED inspection OVER 1 in 4 trucks was deemed to be so unsafe they were told to stop operating until they fixed a safety issue. The reported numbers from KMOO can be found HERE . The article stated in part:
During the 72-hour Roadcheck 2011 program last week, DPS and other Texas law enforcement agencies inspected 7,993 commercial vehicles. Of the vehicles inspected, 26.5 percent were placed out of service for safety violations. (emphasis added)
Is it any wonder that people are scared of 18 wheelers? Given the recent attempts by the Texas legislature to kill more Texans with trucks (see my prior blog on the impact of higher truck speed limits in Texas HERE) Texans have every reason to be scared.
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Bicycle-related hit-and-run car accident blamed on New Car Smell
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Martin Erzinger, man claiming bicycle accident was result of New Car Smell. Photo source: Vail Daily NewsMorgan Stanley exec Martin Erzinger was involved in a rear-end car accident in July of this year, when he drove his 2010 Mercedes Benz sedan into a bicyclist, according to Vail Daily News. But reason for the car accident is no ordinary excuse. Attorneys for Erzinger call foul on the vehicle’s “new car smell”, which, according to his attorneys, triggered the man to fall asleep at the wheel and cause the car accident as a result.
Attorneys for Erzinger say their client suffers from a condition called sleep apnea, a breathing disorder that causes individuals to go into sudden sleep mode under certain conditions. An “accident reconstructionist” in the case says the Mercedes’ new car smell could be a possible contributing factor to the hit-and-run car accident, triggering the man to suddenly fall asleep at the wheel.
The fumes emitted from a “new car smell” are an allegedly toxic compound of volatile organic aromas that arise from the combination of new materials used to construct the interior of a vehicle. This supposedly toxic smell could have spurred Erzinger’s sudden urge to fall asleep at the wheel and lose control over his vehicle, causing him to strike bicyclist Steven Milo, a professor and liver transplant anesthesiologist.
Milo suffered substantial personal injury to include spinal cord injury, brain injury, and numerous other bodily injuries. His spinal cord leaks fluid now and he suffers from debilitating migraines, according to his doctor.
Developments in the case are still underway, and for now Erzinger is booked on two misdemeanors and a felony.
Being a defensive bicyclist is a good way to help avert possible dangers and avoid personal injury resulting from a bicycle accident. Many riders use residential streets and trafficked areas to ride their bicycle, so it’s important to be aware of the street signs and laws. In Milo’s case, he could have done very little to avoid being rear-ended by Erzinger.
Three good ways you can be a defensive bicyclist is to:
Stop for stop signs and look for other alerts on the road. Be aware of your surroundings and follow the road signs, especially stop signs. Even bicyclists need to follow laws on the road. And, doing so can greatly inhibit your chances of being involved in a car accident involving a bike.Ride with the traffic signals. Follow the signs as you would in a vehicle. Don’t suddenly stop in moving traffic, swerve, or go on a red light. You never know when a vehicle will fail to notice you, causing an unintended bike accident.Use the left turning lane to turn left. In other words, use the appropriate traffic lanes to ride. In this case, use a left-turning traffic lane if you need to turn left. If you feel uncomfortable riding in traffic, don’t risk it and simply walk your bike to a crosswalk to get to your destination.If you’ve been involved in a car accident involving a bicycle, call us at 1-800-655-6585 or feel free to contact us via our web form for a free legal evaluation. Our law firm specializes in representing bicyclists who have been injured by a vehicle.
Woman Learns to Live With Brain Injury | Seattle Brain Inury Attorney
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As a Seattle brain injury attorney, I am aware that brain injuries can be some of the most devastating and painful injuries one can endure. Brain injuries can occur in many different ways but most often they are a result of a direct force to the head. However, that is not always the case. The NPR.org website recently reported a tragic story about a woman who suffered a traumatic brain injury due to a complication during surgery. Gweneviere Mann experienced a stroke during an operation in 2008 to remove a brain tumor and has suffered from short term memory loss ever since. It is now difficult for Mann to remember even the tiniest of details of her day and ultimately her life. Things that we all take for granted on a day to day basis such as today’s date and remembering when to eat lunch, is a constant struggle that Mann now has to face. With tricks such as keeping note cards in her pockets reminding her about the events that she has completed throughout the day helps maintain continuity throughout her daily life. Mann also participates in marathons with her boyfriend to encourage herself to remain positive and optimistic about what abilities she does still possess. Even though this is a frustrating and discouraging situation, Mann is determined to fight and persevere through her disability.
Doctors say that the brain is able to heal itself up to two years after the injury and after that any symptoms are most likely to remain permanent. In this case it has been beyond that two year mark and Mann has accepted that short term memory is going to be the norm from now on. Mann does not struggle with any other symptoms and presents as a very normal woman in every other aspect of her life. Because brain injuries vary in location and severity it can be very difficult to determine treatment for recovery.
If you or a loved one has suffered a traumatic brain injury in an accident and have questions concerning your treatment and recovery, contact a professional Seattle brain injury attorney to discuss your legal rights. At Premier Law Group, we understand how traumatic the lasting effects of a brain injury can be for you and family members and we are dedicated to working with you with integrity and compassion. For more information and a FREE CONSULTATION, contact me at (206)285-1743.
Tags: attorney, Brain Injury, Gweneviere Mann, Law Firm, Lawyer, Memory Loss, personal injury, Seattle, Traumatic, washington
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Difficulties That Extend the Probate Process
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The probate process occurs when property is to be passed, due to a death, to the legal heirs. This can be an emotional time for all involved, and sometimes things are overlooked that lengthen the process and make more difficulties than necessary for the survivors. There are things you can do to prevent this situation, whether you are making a will or are one of the beneficiaries of a will.
First, if you are making your will, you should seek the advice of a competent attorney to help you decide the best way to dispose of your assets and avoid unnecessary taxes or problems with division of property. “Do-it-yoursef” will kits rarely give you the flexibility to plan your estate effectively, even if you do not own much property. Further, as they are constructed for mass marketing, they do not take into account various state laws regarding inheritance. Many difficulties have arisen from probate judges refusing to probate “homemade” wills or being unable to interpret them.
Another thing that can delay the process is multiple wills. If you do decide to change your will, make sure that an attorney handles the change for you. Wills can be added to by something called a codicil; they are also nullified by marriage or birth. If you experience a life-changing event, you must consult with your attorney as to how to handle your will changes. A new will should always be drawn up by a lawyer and properly witnessed so there is no doubt of its precedence; further, all copies of old wills should be destroyed.
Finally, if you are a beneficiary of a will, you should submit in a timely manner to any and all requests of the probate court. Most wills name one or two beneficiaries as executors. If you are an executor, meet with the attorney who drew up the will and comply with all requests immediately, in order to ensure that there are no unnecessary delays.
This article is not intended as legal advice.
Legal Reference: The Law Office of Andrew M. Lamkin, P.C. in Long Island, New York
Pedestrian safety: Amtrak train accident in Southern California kills three men walking along tracks
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Three pedestrians were killed on Monday, Dec. 13 when they were struck by an Amtrak train headed from San Diego to Los Angeles, according to KTLA News in Los Angeles. Thought to be possible taggers, the men in their early- to mid-20s were walking along the train tracks over Telegraph Road when the Amtrak train struck the pedestrians.
The conductor of the train tried to avert the pedestrian accident but could not apply the train’s brakes in time, causing a fatal collision with the men. LA County fire department and LA Sheriff Homicide detectives arrived on the scene shortly thereafter and pronounced the men dead.
A train accident is rare. Most often, pedestrian injuries occur on the road involving vehicles, and the risk of a pedestrian accident is higher than once thought: a pedestrian is killed every 120 seconds according to the National Highway Traffic Safety Administration. Pedestrian accidents generally occur because:
A driver has failed to yield the right-of-way to a pedestrian at a crosswalk. Generally, a pedestrian has the right-of-way for crossing the street, walking in a parking lot and on sidewalks. When a driver fails to give you the right-of-way, and if you’re injured as a result, you may be entitled to compensation for your injuries.Hit-and-run accidents. A hit-and-run car accident can frequently involve pedestrians. Try to gather license plate information if you can.A driver not making a complete stop. If a driver is not paying attention and fails to make a complete stop, s/he may not be able to see you on the road and can collide with you. In the case of the Amtrak train, even though the conductor was aware of the men traveling the tracks, he was unable to make a complete stop in time. This can often happen on the road as well.Pedestrian safety is often overlooked as a possible public hazard. But unfortunately, accidents like these can happen anytime, but there are ways to avoid being hit as a pedestrian on the street.
To stay on the safer side of pedestrian travel, try to:
Wear white or bright clothing when walking. If you’re pro-pedestrian, then consider wearing brighter clothing so drivers can see you on the road.Use reflective vests. Bicyclists will find this tip extra useful because reflective gear can greatly increase your visibility, especially as oncoming headlights approach you. Cars can see you much more quickly using reflective gear versus dark, inhibitive clothing.Don’t J-Walk. Even if you think it’s safe, do not cross the road without using a crosswalk and following pedestrian safety rules. You never know when a car will take a turn out of nowhere and hit you.Don’t travel along railroad tracks. Even if you think you’re quick enough to get out of the way of a train’s path, don’t linger around or walk alongside train tracks. While this seems like an obvious tip, there are many travelers who use train tracks for longer distances since train tracks offer a more direct route without having to use street travel. Like the pedestrians killed in the Amtrak accident, it’s safer to simply stay on the sidewalk versus any alternative travel via train tracks.Don’t walk at night. As seen in a previous blog post involving a pedestrian accident in San Marcos, it’s never completely safe to walk at night, especially on busy areas near freeways and on-ramps. Avoid pedestrian activities at dusk and night hours.If you have been injured as a pedestrian, attorneys at the Law Offices of Michael Pines, APC, can help evaluate your case. The free review is comprehensive: we collect information involving you, your injuries, the person(s) involved in the case, and the nature of the case. It’s private and free—call us now at 1-800-655-6585 or use the contact form. A personal injury attorney specializing in pedestrian accidents will contact you immediately.
Choosing the Right Bankruptcy Attorney
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Bankruptcy is a crisis that many Americans are facing. People who work hard and pay their bills may find themselves buried under medical expenses, experience financial loss and unexpectedly suffer other financial crises that force them into bankruptcy court proceedings.
People who are faced with bankruptcy obviously need the services of a good bankruptcy attorney. The problem most people have is in determining how to choose the right attorney for their situation.
Here are factors that should affect your choice of an attorney:
Experience
The attorney’s professional experience is very important. There is no substitution for experience in bankruptcy negotiations with creditors, preparing courtroom arguments and presenting cases before a judge and jury.
Specialization
Specialization is another important consideration for your choice of an attorney. Pick an attorney who specializes in bankruptcy. It’s impossible for a general practice attorney to be competent in all aspects of bankruptcy law. An attorney who specializes in bankruptcy is informed, trained and capable of representing you well.
Service
Client service is what connects you to your attorney. When he or she is willing to explain the process, investigate your options and keep you thoroughly informed every step of the way you are able to make the best possible decisions.
Reputation
You should consider hiring an attorney who has a good reputation in the community, the court system and among his or her peers. Not all bankruptcy attorneys are created equal. Choose an attorney who is widely respected in the practice of bankruptcy law.
Innovation
Innovation is an important factor in your decision. An innovative attorney is on the cutting edge of the law and is often the one winning cases by using the most current case law and legal theories.
Success is the final determination of who you should hire. Look for an attorney that successfully represents clients, establishes the greatest legal protection in bankruptcy proceedings and brings about the best possible resolution of bankruptcy cases.
Your financial stability and future depend on choosing the right bankruptcy attorney. Take all of these factors into consideration as you make the right and informed choice of a bankruptcy attorney. Clients needing assistance in the Sarasota area should contact Jodat Law Group.
