How to Prove Inflatables Injuries

Inflatables: What Safety Measures Are Required?

Bouncy houses are a hit at children’s birthday parties, carnivals and other festivals, and are associated with fun and good times rather than injury. Nevertheless, injuries do occur in inflatable structures quite often, leaving parents of accident victims wondering what they should do.

Bouncy House Rental Companies

There are a number of rental companies that provide inflatable structures for people to use at birthday parties and other get-togethers. Those who rent this equipment do so believing that it will be safe for them to use. That’s not always the case, as the equipment is not always inspected or properly maintained before it is sent out again. As a result, children may become injured whenever:

  • An inflatable structure collapses
  • Foreign objects are imbedded in the bouncy house
  • Punctures or tears cause children to fall

Whenever a child is injured inside rental equipment, parents should ask to see documentation that it was properly inspected beforehand. They should also review any written instructions that were given to see if the proper safety precautions were included. If either of these areas were lacking, this could help the injured party during the trial

Public Bouncy Houses

When bouncy houses are open to the public, those who operate them are obligated to see that they are safe for children to use. This means:

  • Ensuring inflatables are properly set up
  • Providing adequate supervision for children while jumping
  • Enforcing safety standards
  • Stopping play whenever an infraction of the rules occurs
  • Preventing children under age 6 from bouncing
  • Keeping older and younger children separated
  • Limiting the load inside a structure

When an injury occurs, it can be helpful to gather as much information about the incident as possible. This can include taking pictures of the facility and gathering the names of witnesses. It is important to do this right away, as some of this evidence may be impossible to get later. Parents should write down what happened in their own words, as they could need this information later when filing a claim.

Filing a Claim

A claim for damages should be filed as soon as possible after an incident. When doing so, it can be helpful to refer to the written account in order to ensure the claim form is complete. If damages are not paid in a timely manner, the evidence that has already been gathered can then be taken to an attorney, who can then make an assessment of the case for legal purposes.

Getting Legal Help

The best way to file a claim is to hire a skilled personal injury attorney who understands the U.S. legal system. Schedule your free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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My Child Was Injured Rock Climbing Can I Sue

My Child Was Injured Rock Climbing: Can I Sue?

Rock climbing is becoming an increasingly popular activity, especially among children and teens. As a result, a number of recreational centers have opened up, allowing people to practice the art of rock climbing indoors. Can parents sue the operators of these facilities whenever an accident occurs? The answer will depend on whether or not negligence is suspected.

Maintain Safe Facilities

Owners of rock climbing walls must provide safe facilities for their patrons to use. This includes, but is not limited to:

  • Ensuring that safety equipment is properly worn and maintained
  • Keeping the wall in good repair
  • Ensuring staff members who provide instruction are properly trained
  • Giving proper safety warnings
  • Limiting access for very young children
  • Providing adequate supervision for patrons

Accidents can also happen whenever there are too many climbers on the wall at any given time. Operators may be tempted to exceed safe limits whenever they place profit as a higher priority than safety.

Types of Rock Climbing Injuries

Whenever there is a breach of safety protocol, facility managers can then be held liable for a child’s injuries. Some of the most common types of injuries experienced on rock climbing walls include:

  • Head or brain injuries
  • Broken bones
  • Paralysis
  • Dislocated shoulders, knees or elbows

Release of Liability

Most rock climbing facilities will require parents to sign a release of liability form before allowing a child to climb. Many people believe this bars them from obtaining relief in the event there is an injury. Some releases are worded in such a way that parents must agree to give up all rights to sue, even when the facility itself is negligent. Parents should know that requiring patrons to sign a release does not eliminate the responsibility to maintain safe conditions, regardless of what rights they have allegedly given up.

The problem with having parents sign a release form is that it gives a rock climbing facility a false sense of security, so they may fail to take safety as seriously as they should. This carelessness often results in the injury of a child, and a sudden jolt to reality whenever the owner is deemed negligent in a court of law. A personal injury attorney can play an important role in ensuring that justice prevails in one of these cases.

Getting Legal Guidance

Rock climbing injuries need to be pursued in a court of law, however, this is easier said than done. The best way to take on a rock climbing business is to hire a personal injury attorney. Schedule your free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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Two Boys Hurt When Wind Blows Bounce House 20 Feet in Air

Two Boys Hurt When Wind Blows Bounce House 20 Feet in Air

A small bounce house became airborne with three children in it, severely injuring two of them. The bounce house was staked down to the ground, but a strong gust of wind was too much for the plastic stakes. The bounce house flew 15 to 20 feet up in the air before it dropped two of the young victims.

The first was a 6-year-old boy who landed in the middle of a street. He was airlifted an in serious condition with broken bones.

The second child, a 5-year-old boy, fell in a parking lot and hit his head on the back of a parked car. He suffered a serious head injury and is in serious condition. He was also airlifted to the nearest medical center.

The third child, a 10-year-old girl, only suffered scrapes and a minor injury to her shoulder.

The inflatable flew over buildings, and reached as high as 50 feet before falling in the middle of a field behind a local school.

Serious injuries to children associated with inflatable structures like bounce houses are growing in number. Have you or a loved one been involved in an accident or injured by a bounce house, jumping castle or any other type of inflatable structure?

You may be entitled to compensation. The attorneys at Mukerji Law Firm have years of experience fighting for the victims of these types of injuries. There are no upfront costs – we don’t get paid unless we collect for you. Schedule a free case evaluation today.

Image courtesy of nbcnews.com

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ATV Injuries You Must Know the Facts!

ATV Injuries: Know the Facts!

All-terrain vehicles (ATVs) are popular because they allow people to travel in areas that may not be accessible by car. Not only that, but there are no age restrictions on them, meaning that teenagers and adolescents can enjoy riding them as well. ATVs can be a lot of fun when they are safely operated and maintained, but have the potential to cause serious injury when they are not.

Common Types of Accidents

Certain types of accidents are also more common than others are. Overturning is by far the most common type of accident, and can happen whenever a vehicle is traveling too fast, climbing a steep embankment or maneuvering a very sharp turn. Other common accidents are:

  • Collisions with other ATVs or vehicles
  • Striking a pedestrian or hard object
  • Sliding downhill
  • Flipping the vehicle onto its side
  • Stopping the vehicle suddenly and then being thrown from it

Inexperienced drivers are more likely to be involved in an accident than experienced operators are. A good number of accidents involve drivers who are 15 years of age or younger. In addition, beginning riders are also more likely to become injured in an accident than those who have been operating ATVs for some time.

Major Types of ATV Injuries

By far, the most common injuries suffered on an ATV involve damage to the head, neck, or spinal cord. In fact, around 75% of all ATV injuries involve one or more of these areas. These injuries are also among some of the most severe, having the potential to cause paralysis, brain injury or even death.

Some of the other common injuries on ATVs are:

  • Broken bones
  • Concussions
  • Loss of limbs, hands or fingers
  • Severe cuts or lacerations

Getting Legal Help

After getting in a serious ATV accident, the last thing you want to worry about is how to make sure you win your legal case so you can pay your bills. The best way to minimize this stress is to hire a qualified legal representative. Schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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Common Types of Swimming Pool Injuries

Common Types of Swimming Pool Injuries to Avoid This Memorial Day

Memorial Day normally signifies the beginning of summer and the start of the swimming season. Not everyone will enjoy swimming this holiday, as a number of people will become injured while in the pool. Here are some of the most common causes of swimming pool accidents you should be aware of in order to keep yourself and your family members safe.

Drownings Are Common

Between Memorial Day and Labor Day, a number of people will die from drowning in a swimming pool. A good number of these victims are children under the age of five. The fact that a pool is shallow does not mean a person cannot drown, as kids have even become drowning victims in wading pools.

Among adults, alcohol and drug use may also contribute to drowning. Those who are overly intoxicated should avoid getting into the water, as doing so could actually intensify the effects of the alcohol. Horseplay or water games such as “chicken” should also be avoided as well.

Common Injuries

Aside from drowning, a number of other injuries can take place inside a swimming pool, including:

  • Having clothing, jewelry or fingers entangled in the drains
  • Head injuries from diving into shallow water
  • Collisions with foreign objects in the water
  • Overexposure to the chemicals used to treat the water
  • Slipping and falling on stairs or ladders
  • Broken bones or dislocated joints from an above-ground pool that collapses

It’s also important for everyone in the pool to look out for one another so that tragedy can be avoided.

Preventing Swimming Pool Accidents

Owners of swimming pools must take reasonable precautions to prevent people from being injured, and some of the acts a “reasonable person” would be expected to do are:

  • Keeping the pool in good repair
  • Limiting access by enclosing the pool with a fence
  • Posting warning signs where appropriate
  • Providing adequate supervision for children and non-swimmers
  • Ensuring that lifesaving devices are readily available
  • Refusing to allow intoxicated guests to swim
  • Keeping the area around the pool well-lit and maintained

Guests rarely ask questions about the safety of a pool, assuming that their host has taken care of everything properly beforehand. It is only after experiencing an injury that they begin to wonder whether or not negligence has actually occurred.

Getting Legal Assistance

If you or a loved one have been injured in a swimming pool, then it’s important for you to get legal assistance. The faster you start developing a case, the more likely you are to win as evidence disappears over time. Schedule your free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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Can I Sue Rental Car Agencies for Lack of Maintenance

Can I Sue Rental Car Agencies for Lack of Maintenance?

People who rent cars are most likely to do so because they require a safe and reliable mode of transportation. They give their money to rental car companies fully believing that they will be provided with such a vehicle. When consumers are injured in an accident because their rental car was not properly maintained, rental companies could find themselves liable for the ensuing damages.

Common Areas of Neglect for Car Rental

Rental agencies sometimes fail to inspect certain components of a car or to perform routine maintenance in order to ensure it operates properly. As a result, some of the most commonly neglected areas include:

  • Tires
  • Brake systems
  • Power steering systems
  • Airbags and seatbelts

Consumers have a right to assume that any vehicle they are renting is safe for them to operate. This doesn’t mean that every rental car is, which is why drivers should make a thorough inspection of the vehicle before signing a rental agreement. Doing so could not only protect them from being charged for existing damages, but also prevent them from renting an unsafe vehicle that would increase their odds of having an accident.

Exclusions in Fine Print

Before signing a rental agreement, it’s also important to read the fine print very carefully. This is because rental companies sometimes place exclusions in the “fine print” of a contract in an effort to shift responsibility should there be an accident. It’s important never to sign any agreement that completely abolishes the rental agency from responsibility due to a poorly maintained vehicle.

Proving Damages for Rent-A-Car

Those who are injured due to a poorly maintained rental vehicle must generally prove three things in order to show a company was negligent:

  • The defendant was engaged in the car rental business
  • That the plaintiff actually rented a vehicle from said business
  • The lack of maintenance resulted in the customer having an accident

It can also be helpful for an individual to show that the rental company had (or should have had) prior knowledge about a defect. Whenever defects could have been found by performing a reasonable inspection, this is normally enough to satisfy that burden of proof.

Hiring a Lawyer

Car rental agencies often try to evade questions whenever a patron is involved in an accident, especially if they know a lack of maintenance could be to blame for it. In these cases, injured parties should consider hiring a personal injury attorney to help them show the company they are serious about pursuing their claim.

The best way to start preparing for your case is to schedule a free case evaluation. This way, a personal injury attorney can go over your case and determine the best defenses to use. Schedule your free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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1 dead in crash involving FedEx truck north of Conroe

1 dead in crash involving FedEx truck north of Conroe

A deadly 18-wheeler crash blocked traffic on I-45, north of Conroe, for over 4 hours. The accident involved five vehicles, including a FedEx 18-wheeler truck. No details on who died in the crash or on any other injuries have been released.

The accident happened today on 1-45 at FM 830 at around 5:24 am, according to Houston TranStar. Authorities say a car struck the rear end of a FedEx truck. This caused the FedEx truck to lose control and flip onto its side. Three other vehicles crashed into the 18-wheeler in a chain reaction.

The accident blocked all lanes throughout the peak of rush hour. Traffic was backed up for miles. The freeway finally reopened shortly after 10 am.

Image courtesy of khou.com.

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How Long Do You Have to Sue for a Party Injury

How Long Do You Have to Sue for a Party Injury?

A celebration can easily turn to tragedy whenever someone is injured while at a party. When such an injury occurs, many people resist filing a lawsuit because of the personal relationship they have with the party’s host. It’s important not to procrastinate too long, as there are statute of limitations on when a lawsuit may be brought.

Timeline for Filing

The timeline for filing a personal injury lawsuit is normally two years. This date is calculated from a day that is usually the earliest of:

  • The date the injury occurred
  • The date the injury was discovered, if harm was not immediately apparent
  • Date on which a person should have discovered the injury

When determining when a person should have discovered an injury, the courts will consider a number of factors, including when symptoms became apparent and the nature of the accident. As such, filing a claim in a timely manner is especially important, because if a judge determines that someone should have discovered an injury before he or she actually did, this could effectively bar that claim forever.

Cases against the Government

The statute of limitations changes dramatically whenever a government entity is involved. The law is written in such a way that suing a government agency becomes especially difficult. The statute of limitations is typically as little as 60 days. In many cases, an initial claim must be filed with the agency first, and a hearing conducted in front of an Administrative Law Judge (ALJ). It is only after all possible administrative relief has been exhausted that a lawsuit can finally be filed. These cases can also take longer to litigate once they are introduced to the court system due to the enormous amount of “red tape” that accompanies them.

Exceptions for Minors

Parents may file lawsuits for damages on behalf of their minor children. When they fail to do this before the statute of limitations expire, minors are not necessarily barred from obtaining relief. The statute of limitations in these cases is extended, and begins to run on the victim’s 18th birthday. The claimant would then have an additional 24 months from that time to file for relief.

Generally speaking, the sooner a claim is filed, the better the odds of recovering damages are. Evidence may be destroyed or become unavailable after time, meaning that proving negligence could be somewhat difficult. By filing a claim early on, individuals can also ensure they are not prohibited from obtaining relief because the statute of limitations has already expired.

Start Your Case Today!

The sooner you begin your case, the better. That’s why you need to hire a personal injury attorney today! Schedule a free case evaluation today by calling 713-222-1222.

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Child on bike killed by suspected drunken driver

Child on Bike Killed by Suspected Drunken Driver

A driver police believe was driving drunk hit and killed an 8-year-old boy in southeast Houston. Euaristo Hinojosa-Pena was speeding on Lenore and Arizona at around 10pm on Sunday, when he clipped a boy riding a bike. The boy’s identity has not been released, but he was visiting his grandmother, which he does often. The boy was rushed to Memorial Hermann Hospital, where he was pronounced dead.

Euaristo waited until the cops arrived, and admitted to having two beers before driving. However, he failed a field sobriety test. Officials are waiting to for the result of the blood alcohol analysis. If the results show he was over the legal blood alcohol level, he could face intoxication manslaughter charges.

Image courtesy of chron.com

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