Category: Wrongful Death

Above Ground Swimming Pools Negligence Can Lead to Death

Above Ground Swimming Pools: Negligence Can Lead to Death

Above ground swimming pools are places of fun where people can escape the summer heat even if only for a while, and this is why it is often shocking when someone reports they were injured while enjoying swimming activities. Those who plan to visit an above ground swimming pool should ensure they know what the common causes of injury are and what legal actions they can take should an injury happen.

Causes of Swimming Pool Injuries

Collapse – Since above ground swimming pools are supported by a series of retaining walls there is always a chance that these structures could collapse. When a collapse occurs individuals inside the pool may find themselves quickly swept towards the site of the break without warning. Those swept away often don’t have time to react and this means they may impact with dislodged parts or skid across rough surfaces.

Drowning – An above ground pool poses a greater risk of drowning to swimmers because the elevated walls make it difficult for those within the pool to get out quickly in the case of an emergency. This danger is also increased because if a person attempts to get out without using a pool ladder there is the added risk of collapse from the added weight of the person on the retaining walls.

Responsibility

When a person is injured there are often questions as to who is responsible for any injuries that occur. The person most likely to be held responsible is the pool owner, and this is because they are the person tasked with making sure the structure is safe for those who are using it.

Additional Structures

Individuals may also suffer injuries on structures that surround above ground swimming pool such as a deck. If the deck doesn’t provide enough stable footing an injury can occur, and in this case the pool owner is often responsible for any injuries their guests sustain.

Another structure that is the site of injuries every year are the ladders used to enter and exit the pool. When these aren’t assembled properly injuries may occur, and those who are victims of this negligence should consider legal action as a means to recover damages.

Hire a Personal Injury Attorney Today

If you have been injured from an above ground swimming pool, you should consider taking legal action. There is no reason to tolerate negligence. Schedule your free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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2 Injured and 1 Killed in a Houston Pit Bull Dog Attack

Just yesterday there was a serious dog attack in southeast Houston, Texas that unfortunately did not end well. On January 5, 2014 two vicious female pit bulls were seen mauling a homeless woman on the corner of Leonora and Glen Prairie. The attack occurred around 2 a.m. when two men were on their way to buy cigarettes at the local store when they saw a woman lying on the ground with two pit bulls pulling at her body. Immediately one of the witnesses ran over to try and get the dogs off of her while the other young man started knocking on resident doors to get help.

As the 21-year-old tried to scare the dogs away they turned on him, knocked him over and started attacking his hands, arms and legs. The other man also suffered minor injuries. They managed to capture one of the dogs at the scene of the attack and it is now under quarantine. They have found that the dog does not have rabies but it is being held for further examination. There will then be a municipal hearing to determine the fate of the dog.

Neighbors say that this dog is said to have a history of biting and violence and they tend to see dogs roaming freely around the neighborhood. Police are still searching for the second dog and its owner. Studies show that whenever dogs travel in packs like this, there is a much higher chance of an attack like this to happen.

Unfortunately, help came too late for the homeless female victim. She was said to be around 40 years old and a petite build. The 21-year-old man who attempted to come to her aid was treated for minor dog bite injuries at the Memorial Hermann Southeast Hospital.

Sadly this type of attack is not an isolated incident. There have been other fatal dog attacks in Houston over the last year, including the death of a 4-year-old boy last January. Nationwide there were 32 reported fatal dog attacks in 2013 and out of those, 25 of them involved pit-bull mixes.

It is very important that owners do not let their dogs roam free around the neighborhood and that people head the warning when they see a “beware of dog” sign on someone fence. Have you or someone your love been attacked by a vicious dog? If you have sustained injuries as the result of a violent animal, then the pet owner could be held responsible to pay for any injuries or damages.

Contact us here at Mukerji Law Firm for assistance with your Houston dog bite case. We can help you seek fair compensation, so call today to schedule your free consultation!

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Two People Killed In Houston Commercial Truck Accident

On November 15th there was terrible motor vehicle accident involving a dodge charger, a larger commercial garbage truck and few other vehicles on the freeway. The crash itself took place around 11:15 in the afternoon on Beltway 8 in Houston. Apparently a few drivers had called in to complain of a large garbage truck that was barreling down the freeway driving in a recklessly and erratically. The driver of the large garbage truck must not have been paying attention when he crashed in Dodge Charger and a few other vehicles who were in line to pay the toll as they were crossing the North Beltway toll both.

The lady drive of the Dodge Charger unfortunately lost her life as her vehicle caught fire and was engulfed in flames. The cab of the garbage truck also caught fire, killing the driver as well. The drivers in the other vehicles that were hit only suffered minor injuries. The trash truck was owned by Global Waste Services.

Fortunately at toll booths there are usually cameras set up, so the footage from that day could be helpful in finding out what happened and why the trash truck was not able to stop in time. Truck accidents can cause devastating damage to other vehicles and can lead to catastrophic injuries or wrongful death. In this particular case, the family of the woman who lost her life could file a wrongful death lawsuit against Global Waste Services and seek out full compensation for loss of income, loss of consortium, emotional pain and suffering and other applicable damages.

The other drivers of the other vehicles who suffered minor injuries can also file injury claims to get reimbursed for any medical costs, pain and suffering and treatment expenses. If you or a loved one has been injured in a Houston truck accident or motor vehicle accident, then speak with a injury lawyer at our firm as soon as possible. We can help determine how much your case is worth!

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Man is Killed by Shredding Machine, Wife Sues Employer for $1 Million

On July 11 in Houston, TX a temporary worker/subcontractor went into his job at Consolidated Distributors and was working with a RecycleTech XT200 machine. This powerful machine is designed to take Styrofoam, shred it and melt down the material which is then stored away. The man was performing a duty that he was trained to do, but this time something went terribly wrong. Police report that the man was reaching into the RecycleTech XT200 machine when he was suddenly pulled inside it. The man suffered fatal injuries and the cause of death was deemed to be multiple blunt forces to the body.

The man’s employer, Consolidated Distributor’s, did not have any workers’ compensation insurance policies at the time. On October 22, the deceased workers’ wife filed a lawsuit against Consolidated Distributors, Inc. as well as RecycleTech Corp. His employer is being sued for company negligence and RecycleTech for lack of warning and proper using instructions. The machine also did not adequate guarding to keep workers safe during operation and can therefore be declared defective.

In the petition it states that a safety guard is a necessary accessory that does not cost that much money and it could have been afforded by the company. The grounds for compensation stand that RecycleTech Corp knew of the dangers of the XT200 machine but they put it out on the market anyways. When you market a product without proper warning labels and adequate user instructions for safe use, then you could be held liable for any injuries or accidents that occur as a result of the product. The man’s widow has asked for at least $1 million in compensation for the damages.

If you or someone you love has been injured or killed by a defective product, then contact a Houston personal injury attorney from Mukerji Law Firm. Call for a free consultation now at .

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Lifeguard Dies in Texas Schlitterbahn Waterpark

At a waterpark in Galveston, Texas, a lifeguard recently died in the wave generator room. The waterpark is owned by Schlitterbahn Beach Resort Management LLC who is now being sued along with Enterprize Management Inc. for violating six different safety codes. The Occupational Safety and Health Administration, or OHSA, started probing into this case after two waterpark employees, a maintenance worker and the lifeguard, entered into the room where the wave pool generator is. While the two employees were in there, the machine happened to start up, causing the two individuals to be pinned between the wave machine and a gate. The waterpark obviously failed to properly train their employees so that they would be prepared and protected in the presence of dangerous energy source machines.

After OHSA heard wind of what happened, they were outraged at the blatant negligence that Schlitterbahn displayed by putting their employees at such risk. As the employer, Schlitterbahn is responsible for training the members of their staff and for making their work environment as safe as possible. This means that they should reasonably know of any danger hazards or safety violations on the premises and should correct them so that no workers or guests are at risk of injury.

Since Enterprize and Schlitterbahn failed to comply with several standard safety regulations, they have been cited by OHSA and a lawsuit against them is now pending. Some of the specific safety code violations that they committed include:

  • Failing to develop a system along with safety procedures on how to operate dangerous energy machinery, such as the wage generation equipment
  • Failing to install railings on the sides of open stairways and platforms in the waterpark
  • Failing to have the energy control procedures inspected
  • Failing to train their employees on perceiving the dangers of energy source machines in the park
  • Failing to put up a guard around the rotating shafts of the water pumps
  • Failing to secure the electrical connection box onto the wall

Whenever a safety violation results in the injury or death of an individual, the penalties are significantly higher. Schlitterbahn is now facing a serious penalty of $26,000 and a willful penalty of $70,000. With a formal lawsuit already filed, Schlitterbahn now has only 15 days to respond to or contest the case in front of the Occupational Safety and Health Review Commission.

Premises liability claims make account for a vase majority of personal injury claims including slips and falls, swimming pool accidents, uneven grounds, exposure to hazardous materials, defective work machinery, inadequate safety equipment, inadequate security, insufficient lighting and much more. If you or someone you know has been injured at work or on someone else’s property, please do not hesitate to contact us here at Mukerji Law Firm. Our Houston personal injury attorneys are standing by to help you fight for compensation!

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